Loading...
HomeMy WebLinkAbout891560.tiff • St - -- 11/28 to 4: mEmORAnDU W I Weld County Planning November 27, 1989 To Harp Wes Potter, Environmental Protection Services a/W�* COLORADO From /� Amen Feedlot Subject: — The Division has reviewed the proposed property separation and sale of the Amen Feedlot. The feedlot is required to be in compliance with the State Water Quality Control Commission Rule's regarding control of water pollution from feedlots and livestock confinements. Therefore the owner of the feedlot is required todemonstrate that the feedlot is in compliance with the guidelines for design of feedlot runoff containment facilities. The N.P.D.E.S. Discharge Permit documentation, submitted with the referral, expired March 31, 1976 and is no longer a valid permit. The applicant is required to demonstrate the current method of disposal of effluent from the containment pond. Since a confinement pond is required to be part of the feedlot runoff containment facility, the applicant shall demonstrate how the feedlot will meet the requirements for a confinement pond on the feedlot property. The Division cannot recommend for approval of the proposal until the above conditions are met. WP317/cs Ot A r cc c-yw fmta-v c. . -e-o sv P N0V 2 7 1989 r !2.2.A • IYeld Ca. Planning; Commission $°►150 mEmORAnDum Wi`li e• To Wes Potter nato November 6, 1989 Environmental Protection Services COLORADO From Lanell J. Curry, Current Planner subject: Amen Feedlot - SW} NE} of Section 19, T5N, R67W of the 6th P.M. , Weld County, Colorado Attached is a letter, NPDES Permit, and map received from Mrs. Kay DeWalt. The DcWalt's plan to sell the existing feedlot which is permitted for 2,850 head of cattle. The pond used for run-off is not located on the same parcel as the feedlot • and is marked in red on the attached map. The Department of Planning Services' staff has concerns about the adequacy of this arrangement. Please provide us with any comments or recommendations you consider relevant to this request. If your Department has inspected this site, please provide us with any concerns you have. 0 Wes Potter November 6, 1989 Environmental Protection Services Lanell J. Curry, Current Planner Amen Feedlot - SWk NEk of Section 19, T5N, R67W of the 6th P.M., Weld County, Colorado • Attached is a letter, NPDES Permit, and map received from Mrs. Kay DeWalt. The DeWalt's plan to sell the existing feedlot which is permitted for 2,850 head of cattle. The pond used for run-off is not located on the same parcel as the feedlot and is marked in red on the attached map. The Department of Planning Services' staff has concerns about the adequacy of this arrangement. Please provide us with any comments or recommendations you consider relevant to this request. If your Department has inspected this site, please provide us with any concerns you have. Staff meeting 11/3/89 Mrs. Kay DeWalt 26493 Weld County Road 15 Johnstown, CO 80534 October 18, 1989 20(Vviit - Weld County Planning Commission �JI OCT 2 6 1989 Weld County Centennial Center 915 Tenth Street r ' � Greeley, CO 80631 Weld Ca. flaming Commission Property research rec'd 11/1/89 To Whom It May Concern: Presently, we have entered into a sales contract on my father' s feedlot, including all of the improvements on the feedlot, the granaries, the lots, the office and all pertinent buildings. I have included herein a soil conservation map with the colored areas indicating what is included in the acreage, along with the access. The acreage is app- roximately 21 acres. The property is located between two railroad tracks, and is west and south of Greeley approximately 12 miles. It has a capacity of 2 , 850 head, and was approved for a special review in 1972 and has been operated as such since that time. In the last couple of years after the death of my father, Ray Amen, we continued the operation. However, we find that it has become somewhat of an economic and physical burden to the balance of our farming operation and our lives in general. At this time, the decision to sell the feedlot was made. We simply want to sell the feedlot with the deeded access for the exact same use as it is now put to. I have enclosed a copy of my documentation concerning the existing waste pond, as used by the feedlot and our irrigated farming operation. Again, the usage of this feedlot is to remain exactly the same as it has since 1972 . However, the feeding operation and any • modifications after the sale will be solely the re- sponsibility of the purchaser. We will not transfer_ title to the pond, but will retain ownership with a usage agreement to allow the feedlot to utilize the pond as it has in the past. I would ask that Weld County allow this sale and to- continue the present usage. J Weld County Planning Commission Page 2 If you have any questions, or I may be of further help, please contact me at (303) 587-2589 . Thank you for your consideration. Sincerely, Kay DeWalt Administrator, Ray Amen Estate CI firar, , permit ; "0-0027502 —' Appiwa' _ `U. N/A . • • AUT1IOR,17.A'r;ON TO I11FCIiAIIGE ITNI)ER. TILE NATIONAL POLLUTANT DISCII`.ItGI'. E LI\1iNA'I•ION SYSTEM • l In compliance with the provisions of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1251 et. seq; the "Act"), • R. H. Amen Feed Lots Route 1 , Box 204 Loveland, Colorado 80537 (303) 667-1568 is authorized to discharge from a facility located at .Township 5I1, Range 67W, NE/4 Section 19, Weld County; approximately 7 miles east of Loveland; • • • to receiving waters named the Hill and Brush Ditch, and/or other tributaries of the Big Thompson River, • in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts, II, and III hereof. This permit shall become effective on the date of issuance. This permit and the authorization to discharge shall expire'at midnight, :larch 31 , 1976. • • Signed this 13 day of May, 1974. J� .• may JOHN A. GREEN . REGIONAL ADMINISTRATOR • EPA Form 3320-4 (10-73) • ... ri, PART r,tz 2 of 9 Pcmnit No.CO-0027502 A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS . During the period 'beginning immediately and lasting through March 31 , 1976, the permittee is authorized to discharge as limited and specified below: 1. Effluent Limitations .. There shall be no discharge of process waste water pollutants to the waters of the United States, except that: • ` Process waste pollutants in the overflow may be discharged to • • the waters of the United States whenever rainfall events, • either chronic or catastrophic, cause an overflow of process .' . waste water from a facility designed, constructed, and operated • . , to contain all process generated waste waters plus the runoff . ' . from a 10 year, 24 hour rainfall event for the location of the • • • point source, specified as follows: 1.) Whenever 3.2 inches of rainfall occurs during any 24 hour period; or . . . . 2.) Whenever 3.2 inches of rainfall occurs during anyl5 day . . • • period. . . • . . . • . . . • 2. . Monitoring Requirements ' • • _ . ' a. The permittee shall monitor and record precipitation daily using a National Weather Service standard rain gage or equivalent if • he elects to maintain a precipitation gage at the facility. b. The official precipitation gage station identified with the animal confinement facility shall be the Windsor 1 SE station, Windsor, • Colorado. . •• . _ The permittee has the option of maintaining a rain gage at his facility. c. The permittee shall monitor and report any discharge resulting from a precipitation event to the permit issuing authority . within 24 hours or during the first business day following a discharge that occurs on a weekend or holiday. Any discharge resulting from a non-precipitation event (e.g. dike or structural failure, equipment breakdown, human error) shall be monitored • and reported immediately by calling (303) 837-3380 'anytime day or night. The permittee shall provide the permit issuing authority with the following information within five .(5) days of either such notification: JCS nuI Fi, PAIITI • Pip: 3 nt 9 ' rcriniL No. CO-0027502 A. EFFLUENT I.nUT.\TIONS AND MONITORING RCQCIRE\I2:NTS (continued) (1.) A description of the discharge and cause, whether excess precipitation, snow melt, or other specified causes (e.g. . structural failure, equipment breakdown, flooding) ; (2.) The period of discharge including exact dates and times; . (3.) An estimate of discharge volume; • (4.) Name of receiving stream; (5..) Name of person recording discharge; (6.)- Corrective stops taken, if appropriate; and . • .. (7.) A record of the precipitation at the official gage station identified with the facility or at a facility rain gage for the period of inclement weather that resulted in the ' discharge. •• - .. • • • • • • • • • • • • '._/ •--J'WIT , • • Pj_c 4 . „f 9 r.mmir No. CO-0027502 • C. MONITORING AND REPORTING • 1.Reporting . . Discharge occurrences during the previous 12 months shall be. reported . • postmarked no later than the 2Sth day of the month following the completed reporting period. The first report is due on January 28, 1975 . Duplicate signed copies of ' these, and all other reports required herein, shall be submitted to the Regional •Administrator and the State-at the following addresses: _ • U.S. Environmental Protection Agency State of Colorado Department of Health ' . Suite 900, 1860 Lincoln Street . Hater Quality Control Division • • Denver, Colorado 80203 4210 East 11th Avenue Attention: Enforcement - Permits Denver, Colorado 80220 (303) 837-4901 . (303) 388-6111 : - 1 . • • Note, also, the reporting requirements provided in the permit conditions • on "Monitoring Requirements", (Part I, A) . 2. Test Proccdures , . • • Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304(g) of the Act, under which such procedures may be required. • 3.Recording c(Results . For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of measurements; b. The person who performed the measurements; and • c. The methods used. 1% . lT 1 -0 J • i'j 5 or 9 . Vciniit No. CO-0027502 • • f' • 4. Additional Monitoring by Pcrmittce If the permittee monitors any pollutant at the location(s) designated herein more • frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be inclucbd in the calculation and reporting of . the values required 5. Records Retention All .records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be . retained for a minimum of three (3) years, or longer if requested by the Regional • Administrator or the State water pollution control agency. . • a. • titT II • \ � . . } Page 6 of 9 • Permit No. CO-0027502 A. MANAGEMENT ItEQUIREMENTS • 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this . permit. The discharge of any pollutant identified in this permit more frequently than or - at a level in excess of that authorized shall constitute a violation of the permit. Any • anticipated facility expansions, production increases, or process modifications which.will • result in new, different, or increased discharges of pollutants must be reported by . . submission of a new NPI)ES application or, if such changes will not violate the effluent • limitations specified in this permit, by notice to the permit issuing authority of such . changes. Following such notice, the permit may be modified to specify and limit any -pollutants not previously limited. 2. Facilities Operation • . • . ' . . The permittee shall at all times maintain in'good working order and operate as efficiently • as possible all control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. •- 3. Adverse lmpacr . • The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit., • - . . . • • IN . u• enivir ii • Peg. 7 or 9 i • Permit No. CO-0027502 It. Removed Substances • • Solids, sludges, filter backwash, or other pollutants removed in the course of ' control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering navigable waters. • • . 5. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this - • permit, the permittee shall . provide an alternate power source sufficient to operate the wastewater control facilities. . • - . .. .13.. RESPONSIBILITIES. • 1. Eight ofEntry The permittee shall allow the head of the State water pollution control agency, the Regional Administrator, and/or their authorized representatives, upon the presentation of • credentials: a. To enter upon the permil(ce's premises there an. effluent source is located or in • which any records are required to be kept under the terms aril conditions of this permit;and . - b. At reasonable times to have access to and copy any records required to be kept under . the terms and conditions of' this permit; Us inspect any monitoring equipment or • monitoring method required in this permit; and to sample any discharge of pollutants. . 2. 'Transfer of Ownership or Control In the event of any change in control or ownership of facilities from•which the a!nthurired discharges emanate, the permit lee shall notify the succeeding owner or controller of the existence of this permit by letter, a copy of which shall be forwarded to the Jegional Administrator and Ilre State water pollution control agency. - a ' 3. Availability ofRc•porls - Except for data determined to lie confidential under Section 30(( of the Act, all reports prepared in accordance with the terms of this permit. shall he available for public s T ll race 8 of 9 • a .. • Permit No. C0-0027502 inspection at the offices of the State water pollution control agency and the Regional Administrator. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of . criminal penalties as provided for in Section 309 of the Act. 4. Permit Modification • . After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: - . - •. • . • a. Violation of any terms or conditions of this permit; • • b. Obtaining this permit by misrepresentation,or failure to disclose fully all relevant . • facts,or • •c. A change in any condition that requires either a temporary or permanent reduction or • elimination of the authorized discharge.. - 5. Toxic Pollutants : Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is . . • - established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such • pollutant in this permit, this permit shall he revised or modified in accordance with the •• toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability . . Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. . 7. Oil and Hazardous Substance Liability . . Nothing in this permit shall be construed to preclude the institution of any legal action or • ' relieve the permittee from any responsibilities, liabilities, or penalties to which the • ,permittee 13 or may be subject under Section 31.1 of the Act. • • • 8. Slate Laws Nothing in this permit shall be construed In preclude the instihition of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Act. . • T. . "TIT ll it . t , . Pare 9 of 9 ' rcrmii No. CO-0027502 9. Property Rights ' • The issuance of this permit does not convey any property rights in either real or personal properly, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Feder:l,•State or'loca l laws or regulations. . • . 10.Severability .The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the • . application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. . - • . . .. . ' TART HT OTHER REQUIREMENTS 1. All waste holding facilities shall be constructed of or lined with mate— ' • - rial as necessary to control seepage and prevent any pollutant from • - entering the waters of the United States.' • 2. All land areas utilized by and operated under the authority of the permittee for the disposal of manure, other waste solids, and liquid wastes shall be isolated to prevent any pollutant from such materials "from entering the waters of the United States, subject to the provisions as provided in permit conditions on "Effluent Limitations" (Part I, A) . • 3. All land areas utilized by and operated under the authority of the • permittee for the storage or holding of manure; bedding materials; silage, feeds, and feed concentrates; and other substances having a waste contributing potential shall be isolated to prevent any pollutant from such materials from entering the waters of the United States, subject to the provisions as provided in permit conditions ' on "Effluent Limitations" (Part I, A) . - • ` 4. All wastes from dipping vats, pest and parasite control units, and other facilities utilized for the application of potentially hazardous or toxic chemicals shall be handled and disposed of in a manner such as to prevent any pollutant from such materials from entering the • waters of the United States, subject to the provisions as provided in permit conditions on "Effluent Limitations" (Part I, A) , and then ' only in accordance with the provisions of any toxic pollutant effluent standards established pursuant to Section 307 (a) of the Act. c. U. ENVIRONMENTAL PROTECTION AGEN 3 • REGION VIII IN THE MATTER OF APPLICATION ) NUMBER CO-0027502 ) FOR DISCHARGE PERMIT ) NUMBER CO-0027502 FOR ) FINAL DETERMINATION R. H. AMEN FEED LOTS, LOVELAND, ) COLORADO. ) ) FOLLOWING THE PUBLICATION OF A PUBLIC NOTICE ON MARCH 18, 1974, AND THE SUBSEQUENT MAILING OF THE PUBLIC NOTICE ON MARCH 20, 1974, TO PERSONS LISTED ON THE AGENCY'S MAILING I1ST, RELATING TO THE ENVIRONMENTAL PROTECTION AGENCY 'S TENTATIVE DETERMINATION TO ISSUE A PERMIT WITH REGARD TO THE ABOVE. REFERENCED APPLICATION, THE FOLLOWING WRITTEN COMMENTS ON SUCH • TENTATIVE DETERMINATION WERE RECEIVED: NONE RECEIVED. • IN ADDITION, COMMENTS FROM THE FOLLOWING FEDERAL, STATE, AND LOCAL GOVERNMENT AGENCIES WERE RECEIVED CONCERNING SUCH DETc.Rt4INATION: U.S. DEPT. OF COMMERCE, NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION - MARCH 28, 1974 - NO COMMENT; U.S. DEPT. OF INTERIOR, FISH & WILDLIFE SERVICE - APRIL 2, 1974 - NO COMMENT; STATE OF COLORADO - APRIL 25, 1974 - CERTIFICATION. t PAGE 2 FOLLOWING A REVIEW OF THE AFOREMENTIONED COMMENTS, I HAVE FOUND THAT NO SIGNIFICANT DEGREE OF PUBLIC INTEREST HAS BEEN EVIDENCED WITH REGARD TO THE PROPOSED ISSUANCE OF A PERMIT, TO THE APPLICANT, ANF) ON THE BASIS OF SUCH FINDING, I HAVE DETERMINED THAT NEITHER A PUBLIC HEI.RING NOR AN ADJUDICATORY HEARING SHALL BE HELD TO CONSIDER SUCH PROPOSED ISSUANCE. I HAVE FURTHER DETERMINED THAT, FOLLOWING CONSIDERATI1fl OF THE TENTATIVE DETERMINATIONS, THE AFOREMENTIONED COMMENTS, AND THE REQUIREMENTS AND POLICIES EX;RESSED IN THE FEDERAL WATER POLLUTION CONTROL A; T AMEND- MENTS OF 1972 AND REGULATIONS PROMULGATED THEREUNDER, NO SUBSTANTIAL CHANGES ARE REQUIRED TO THE TERMS OF THE DRAFT PERMIT; AND THAT A PERMIT COMPRISED OF SUCH TERMS SHALL BE ISSUED TO THE APPLICANT, R. H. AMEN FEED LOTS, LOVELAND., COLORADO, PURSUANT TO SECTION 402 OF THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972, 33 U. S. C. 1251. • DATED: DENVER, COLORADO, il!IS 13TH DAY OF MAY IN THE YEAR 1974. IRWIN L: DICKSTEIN, DIRECTOR ENFORCEMENT DIVISION • : 1� \,, -----\:\\ \___ C916"11....eir-),_ I ::\\"l.',..-....\ - ' 1 Koentg \\ ' es e'Y" 1 ` I . . N \\NI / ,'"-------------__________„ _,.,. N . i, _ r 1 ' , .4, / '. SUP-15 ' ' 0 :�; .f . \ 4J0 / 1.12,7 r'` ,, l 'r f ri r %/r ', r f F I' l 'f, Jr �,.. J I o< '' ;�- „f r . C. ,�.• ' / '•r',/-F �Jr F r ;,"/;.',..,. U S Si\- '.\ \*e&-ii _.),----- - `�t l/ 111 (I r"") \ r —� ' '�' 1/ 9 . 111(r .„...• \lc..22,/,/,,,,----4 80 a '.."-------2 o II li 4 '''' r. 809 . - /.,.. .2., 1 ▪ �• f� r •fi'f t fr f,.-.Al Hello