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Home My WebLink About871083.tiff RESOLUTION RE: APPROVE USE BY SPECIAL REVIEW FOP LIVESTOCK CONFINEMENT OPERATION FOR 20 ,000 SHEEP AND 3 , 000 CATTLE - HARPER LIVESTOCK COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and p WHEREAS, the Board of County Commissioners held a public m hearing on the 12th day of August, 1987 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Harper Livestock Company, P.O. Box 922 , Eaton, Colorado 80615 , for a Use by Special Review for a livestock confinement operation for 20 ,000 sheep and 3 ,000 cattle on the following described real estate , to-wit: Part of the NW* and the NE} , Section 34 , Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Dick Lamb, Norton, Underwood & Lamb, and WHEREAS, Section 24 . 4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance . 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows : a. The proposal is consistent with the intent of the Weld County Comprehensive Plan' s Urban Growth Boundary Goals 1 , 2 , and 3 . -- Urban Growth Boundary Goal #1 explains that Urban Development should be concentrated in or adjacent j LO2z s" 871083 Page 2 RE: USR-HARPER LIVESTOCK to existing municipalities. The proposed use is located within the Urban Growth Boundary area. This use is not considered to he an urban type of development. The location of the proposed use should not interfere with expected urban development plans of the Town of Eaton as indicated by a representative in a phone conservation on July 2 , 1987 . Urban Growth Boundary Goal #2 explains that land use regulations in Urban Growth Boundary areas should be maintained to allow the County and municipalities to coordinate plans , policies , and standards relating to land uses , zoning regulations , streets and highway construction, public infrastructure systems and other closely related matters affecting orderly development within an Urban Growth Boundary area. -- Urban Growth Boundary Goal #3 explains that the Urban Growth Boundary area should be maintained to provide an official definition between future, urban, and agricultural land uses . The subject site is located approximately two miles east of the Town of Eaton and the Town' s services are not proposed to be provided within this part of the Urban Growth Boundary area. b. The proposed use is a livestock confinement operation and is provided for as a Use by Special Review in the Agricultural Zone District. c. The uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area as permitted by the Agricultural Zone District. d. No overlay districts affect the site. e . Use by Special Review Development Standards and conditions for approval will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for livestock confinement operation for 20 , 000 sheep and 3 ,000 cattle on the hereinabove described parcel 871083 Page 3 RE: USR-HARPER LIVESTOCK of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 . The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to construction of the feedlot, evidence shall be submitted to the Department of Planning Services that the Colorado Department of Health, Water Quality Control Division, has approved an engineering report, prepared by a Colorado Registered Professional Engineer, demonstrating that the runoff retention and containment facilities can be constructed in compliance with its Guidelines for Design of Feedlot Runoff Containment Facilities. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 12th day of August, A.D. , 1987 . y BOARD OF COUNTY COMMISSIONERS ATTEST: Yetteudt,u WELD COU T LOP DO Weld County lerk and Recorder and Clerk to the Board Gor o , airman c / � t -1 B&: i Cr c i y� C.W. Kirby, Pro-- m Deputy County C rk EXCUSED APPROVED AS TO FORM: Gene R. Brantner _ )cgu ine J4h�son---4 County Attorney ., Franl€�guchi 871083 DEVELOPMENT STANDARDS Harper Livestock Company USR-799 :87 : 25 1 . The Use by Special Review permit is for a livestock confinement facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The maximum number of animal units shall not exceed 20 ,000 sheep and 3 , 000 cattle. 2 . The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Colorado Department of Health, Water Quality Control Commission standards, Guidelines of Feedlot Runoff Containment Facilities and standards stated herein. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 3 . Land application of wastewater from the retention basins shall be onto farmland for irrigation and not discharged into State waters . 4 . A letter from a Colorado Registered Professional Engineer shall be delivered to the Department of Planning Services prior to the use of the facility and the wastewater disposal system certifying that these facilities are constructed and are in compliance with the stated standards listed herein. 5 . All stormwater runoff shall be controlled and confined within the boundaries of the subject property. 6 . An Air Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors . 7 . An ISDS Evaluation on all existing septic systems shall be necessary prior to issuing the required septic permit on the existing system. 8 . Waste oil, spent drug containers , empty livestock dip containers , and other associated liquid and solid wastes , shall be stored and removed for final disposal in a mariner that protects against surface and groundwater contamination. 9 . The applicant shall obtain and comply with a plan approved by the Weld County Health Department for the removal , handling, and stock piling of manure from the livestock confinement area in a manner that will prevent nuisance conditions. 871083 Page 2 RE: DEVELOPMENT STANDARDS - HARPER 10 . No permanent disposal of wastes shall be permitted at this site. 11 . All construction done on the property shall be accordance with the requirements of the Weld County Building Code Ordinance. 12 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 13 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 14 . Personnel from the Weld County Health Department, State Health Department, and the Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 15 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16 . The property owner or operator shall be responsible for complying with all of the foregoing Standards . Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners . 871083 HEARING CERTIFICATION DOCKET NO. 87-47 RE: USE BY SPECIAL REVIEW FOR A LIVESTOCK CONFINEMENT OPERATION FOR 20,000 SHEEP AND 3,000 CATTLE - HARPER LIVESTOCK COMPANY A public hearing was conducted on August 12, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner - Excused Commissioner Jacqueline Johnson Commissioner Prank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Lee D. Morrison Planning Department representative, Ztod Allison The following business was transacted: I hereby certify that pursuant to a notice dated July 13, 1987, and duly published July 30, 1987, in the Johnstown Breeze, a public hearing was conducted to consider a request from Harper Livestock Company for a Use by Special Review permit for a livestock confinement operation for 20,000 sheep and 3,000 cattle. Chairman Lacy stated that since there are only four Commissioners present today, if the vote should result in a tie, the absent Commissioner would listen to the tape and review the record before casting the deciding vote. - This matter was made of record by Lee D. Morrison, Assistant County Attorney. Rod Allison, Planning Department representative, asked that the favorable recommendation of the Planning Commission be incorporated into the record of this hearing. Dick Lamb, of Norton, Underwood & Lamb, came foward to represent the applicant. Mr. Lamb said the applicant has no objections to the Conditions and Standards as proposed by the Planning Commission. Commissioner Johnson moved to approve the Use by Special Review permit for a livestock confinement operation for 20,000 sheep and 3,000 cattle, requested by Harper Livestock Company. The motion, seconded by Commissioner Yamaguchi, carried unanimously. This Certification was approved on the 17th day of August, 1987. APPROVED: IliallitBOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUN Y, COLORADO Weld County erk and Recorder and Clerk to the Boa A Gordo . a , irman D puty County Cl k C.W. Kirby, ro-Te EXCUSED Gene R. Brantner Ja.quel'ye Joh,so / ran r/-mag chi TAPE #87-88 SOCKET #87-47 PL0245 c VI ATTENDANCE RECORD PLEASE write or print legibly yoizr name, address and -the name of the applicant or Docket # for the hearing you are attending. TODAY ' S fEARINGS ARE AS FOLLOWS : D2CKET #8743 : Amendments to Comprehensive -Plan " OCKET #87--47 : USR, Harper Livestock Company DOCKET #87-45 : COZ, Ball Aerospace Systems Division DOCKET #87--46 : Final P.U.D. Plan, Ball Aerospace _Syst-ems Division DOCKET #87-36 : USR, Butcher Block Cattle Company • N? ADDRESS HEARING ATTENDING • ;,k ,u-4----s--� t..5-o t( 54 A. t 4.1. C.gbit3) Oc 4 P7-- IP— LC-t(N)1, 520 Glf`l, -- LA z,n) 1,r. r-.77---Li -?_.,e, _•,•:,' I 3-ALL _..J goal/ e. tf-ebIL- Po -60X IO( Z i/ oiJ �.?,.C' , e o 703o6 3,4LL Ac�a sP�CC it It ii / g ' iilee.6". a v, ei 1-1-0 Sr" .. veL I%eCl .A.lo,;;;7Z(AL cti/l c..00r�c,0%.^. .,1 t ,4''. r\t /4Av /s /9, 0 i'v.P _r2/)q () //2 CG.i- Zrhr��n."4-I.• c ,/1A-'•'— \ i1 G. C Lo►�l 1�.�.outs— TT r 1 �T1 I��n C� .�L15"�k', 1�.. � fr,w /t $ ':t LE 3 9vo &?/77/ vr, Aar, ,r3'v,c. D4if Gv 1 1.:�l �'0. 14t itl,hYU 7 1a-e 7z1u r h71 vRiT I?d-r,:{ 1ou1'ripr 4 C D ,, f3_: LA/vIi3 ZfZS-a,') /0 71ST X nx/a kt-g 7 6I/ /VW 7-1,- �,.ed l 8 s s w c- ✓z 7 (0 Ei�aE,,., Co-. Al-a--y-- 1-2-- -"/ y/ -, a / y y' s- It) e' n 'A .6.44,-, K.. ,‘124-' x44 Lf�%i, (�.u.eic.<. v -3,-/Liz 4 crag/: -i 3 .4/.0,pc y l z.-- • ) d2Its-6- l..pic,e 9 u, Co oLti . _371083 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will he held in the Chambers of the Board of -County Commissioners of Weld County, Colorado, Weld County Centennial Center, '315 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any -manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant er any interested party desire the -presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's -Office can be contactedfor a list of certified court reporters in the area. If a court reporter is obtained, the tr-k to the Board's Office shall be advised in writing of such action et least live days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 87-47 Harper Livestock Company P.O. Box 922 Eaton, Colorado B0615 DATE: August 12, 1987 TIME: 2:00 P.M. REQUEST: Use by Special Review - Livestock confinement operation for 20,000 sheep and 3,000 cattle LEGAL DESCRIPTION: Part of the NW} and the NEk of Section 34, Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately two miles east of Eaton; east of Weld County Road 43 and south of Weld County Road 76 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND -RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: July 13, 1987 PUBLISHED: July 30, 1987, in the Johnstown Breeze 871083 athei; AFFIDAVIT-OF PUBLICATION --__ THEJOHN-TOWNzBREEZE Ronot STATE OF COLORADO I Pursuant to the zoning, tof ) SS • the State ofColorado the COUNTY OF WELD ) Weld County Zoning ce, a public can gorw the a I,Clyde Briggs,do solemnly swear that I t-County Commissioner* eld am publisher of The Johnstown Breeze; • County, Colorado, Weld' My that the same is a weekly newspaper ount, -91 i e , printed, in whole or in part, and published Street First a toot, - ey, A person the time fl or in the County of Weld, State of Colorado, All persona In b.. er Review tvi are in the Use by lel nd and has a general circulation therein; that requested ht. nd and may be�ear6 said newspaper has been published Should the applicant 4,17 any continuously and _uninterruptedly in said interested party desks the Lounlyaf Weld for a period of more than presence of a-tourh re ter to make a record-of the pahed• fifty-two _consecutive weeks prior to the datan nary in addRbn 10 allaided first publication of theannexed legal notice record wings, the ll be kidnaping the hearings, tier at the Lradvertisement; that said newspaper has Board's Office can be contacted been admitted to the United States mails as for a list of, certified 'Court reporters in the area If azourt -second-class matter�llfder the provisions of reporter e rd lOficeheOls`k NSW tie the A-ct of March 3, 1879, or any advised In writing of sucbactlon amendments thereof, and that said gt least five de rlor-tpthe heanng. me co.sof engaging a newspaper is a weekly newspaper duly court reporter-shall be barns by the requesting party. qualified for publishing legal notices and BE IT ALSO KNOWN Sat the advertisements within the meaning of the • text and maps so certified by.tne laws of the State of Colorado. Weld-County Planning Commis- Son may be examine&in the That the annexed legal notice or advertise- counyf the coclerko Me[seatedf ment was published in the -regular and advertise- County y Weld mCount Centennnia entire issue of every number of said weekly Floor, Greeley°col Colorado Third newspaper for the period of I consecu- DOCKET NO. 87-47 - live insertions; and that the first -APPLICANT publication of said notice was in the issue of Harper Livestock companysaid newspaper dated . „/.3.QIa.?A. . 1 .� Eaton, Colorado 10815 and that the last publication of said notice DATE August 12, 1987 was in the issue_of said newspaper dated A.D. 19 TIME: : Use - • In witness whereof I have here o set Review— by f Special my hand his ... day of ,7 operati—for-20,00 Livestock csheep and 3' operation for 20,000 sheep and A.D. 19.. 7 9,000 cattle LEGAL %DESCRIPTION: Pelt of e NWI4 and the 7 of /'Section =«- 34, Township 1 North, (...� ^'y C Range ee West ofrado t P.M.. / Publisher Weld County, Colorado / _ A LOCATION: Approximately two mileeast of n Roan;eastad _and o-south T We ld Coutyoad 4 of Weld County Road-TO` Subscribed and sworn to before me, a BOARD OF COUNTY Notary Public in and for the County of COMMISSIONERS WELD Weld,State of Colors this .3,L... day of , COLORADO 44.�� ,� A.D, 19. ./.,, BY: MARY ANN /' / r�1 F ER j', / - r it• / 7/167: �� COUNTY CLERK L AND c .!r OLLL,fL. ffrr!! RECORDER THD CL-ERK E YOARD il Notary-Public. SY: Mary Reiff, Deputy DATED: July 13, 1987 • My_commission expires the PUBLISHED: Brly z apb, In Ma Johnstown Breeze Ir.• (• .....Ir , IG, 7097 • J 1 ti ' rv,ri,C(I _ 871083 0 PROOF OF PUBLICATION The North Wall Herald Eaton, Colorado 80815 STATE OF-COLORADO, ) 'CiMe`de*°dtheWeld Rego' SS. tries,VNYe-Yorig writ.W athe County of Weld ) er.,.r.�.[uewdc..tsc...�► d...b• wdd o.�hM, w•+, anew Cemetyadeadal Ceske,913 ND allot, Flat Pis, Greeley, Chin, .t the-re -A Vi.by 3 ew er Stee-n- atel i tee by 8pail3.rbw.ee-ee- q try Sind. may Sneed tar- ((� ty dad heteetree eta art nl.eteea. I,` ri , X710 ` , do solemnly swear that I am make e record glebe p.nedhO,be Saba to the bpd nerd which Al be bpi drag D-cCee � of THE NORTH WELD HERALD; that the jbe►es g,the Qakatbdlerd'.—ee same is a weLkl newspaper in whole or inpart, and a'be -for et cadged am Yprinted, i awn&a It eat ripener b published in the County of Weld,Btate of Colorado, and has aMdblek tie Clerk to the Derr( ueee AAR heidblited ht nag of red eeWe t a general circulation therein;and that said newspaper has Meet Mt dq•pry i3.heeeag.The test been published continuously -and uninterruptedly in said of esteem'y shell hehrrby County of Weld for a period of more than fifty-two con- easy.pN(bear.OS ..+ secutive weeks next prior to the first publication of the slag' Weld a w.ldii•y Pa. e a.ii the annexed legal notice or advertisement; that said newspaper .me eta Oat to-the Head d C.sy leaned a Ili.Weld Canty has been admitted to the United States mails as`second- =leader, lab Sheet,-Tided class matter under the provision of the Act of March 3, 1879 NO.b7.97 or any amendments thereof, and that said-newspaper is_a APPLICANT weekly newspaper duly -qualified for publishing legal Ham` Caperesy limited; notices and-advertisements within the meaning of the laws Diet',lean' Cl DATerAog.r.tt 12,1967 of the State of Colorado. MeltTMP.ld- Da.pa u be AS drop ad That the annexed legal -notice or advertisement was 3lggtalle. AnalimearnoNcesit air. Nwv. published in the regular and entire issue of every number\ of m pgy, et-Suedes 39, T.werid,1 said weekly newspaper for the period of b nil t l wS tape Wool .r r. Mt P.M., consecutive insertions; and that the first publication of said Nt Appe.ze..eely-two We-era notice was Athe issue of said newspaper dated of ROMP eat-et Weld_Canty-Reed 93 end iei erw.ld Canty NS 76 "'-)C_ A.D., 1g 3'l , BOARDOPCDONTY COMMISSIONERS and that the last%publication of said notice was in the issue -WELD COUNTY,COLORADO • of said publication dated C-T-...t Qt 3h -A.D., 19 eel, Mt MART ANNP80619TRIN COUNTY CLERKAND RECORDER AND CLERK TO THE BOARD In witness whereof I have hereunto set my hand this Mt Miry ana.pty Al+k day of ( 5..Li Gds+ A.D., 133 t'1 . DATED.July 13,19e7 Etter . Subscribed and sworn to before me, a notary public in and for the County of Weld, State of Colorado, this q/'t day of O(or4Sr A.D.,� /�19 T • Notary Public • aa3t,Rsr �r f-,47-0,, Pete. n ,r MY ZoromessioH Expires O—d. I9, 1990 4 tiii 871083 DATE: July 13 , 1987 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearing for the 12th day of August, 1987 , at 2 : 00 P.M. Docket No. 87-47 - USR., Livestock -confinement operation, Harper Livestock Company OFFICE OF THE CLERK O THE BOARD BY: 77 ,_ �'�)� Reputy The above atenti-oned hearing date and hearing time -nay be scheduled on the agenda as at-aced above. BOARD OF COUNTY COMMISSIONERS WELD COUN Y LOOBADO - tgoill'er4 8714183 /cxine, , l' Ex PAL) t / 7� Summary of the Weld County Planning Commission July 7, 1987 Page 4 APPEARANCE: Gary Sandstead, property owner and applicant, stated this request -is for a business to package wood shavings. Wood shaving-s will he haul-ed to this property for storage and packaging. There will be approximately one truck load a day. The wood -shavings are stored inside to enable them to be kept clean and _dry. -Electrical outlets are those approved for -dusty places such as elevators, etc. The Chairman asked Mr. _Sandstead if he had reviewed the recommendations, conditions, and development standards as outlined -by the Department of Planning Services' staff. He stated he had and has no objections to them. The Chairman called for discussion from the _members of the audience. There was none. The Chairman asked that -reading of the recommendations, conditions, and development standards be dispensed with and that they be filed with the summary as a permanent record of these proceedings. NOTION: Ann Garrison moved Case Number USR-798:87:24 for Gary Sandstead for an agriculture service establishment be forwarded to the Board -0f -County Commissioners with the Planning Commission's recommendation for approval based upon the -recommendations, conditions, and development standards as outlined by the Department of -Planning Services' staff and the testimony of the applicant. Motion seconded by Louis -Rademacher. The Chairman railed for discussion from the members of the -Planning Commission. Discussion followed. The Chairman asked the secretary to poll the _members of the Planning Commission for their decision. Lydia Dunbar - yes; _Ernie Ross - yes; Louis Rademacher — yes; Paulette Weaver - yes; LeAnn Reid - yes; Lynn -Brown - yes; Ivan Gosnell - yes; Ann Garrison - yes; Jack -Holman - yes. Motion carried unanimously. CASE NUMBER: USR-799:87:23 APPLICANT.: .Barper .Livestoc-k Company REQUEST: Use by _Special Review permit for a livestock confinement operation (20,0110 sheep and 3,000 cattle) . LEGAL _DESCRIPTION: Part of the NW} and part of the NE} of Section 34, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately two miles east of Eaton, east of Weld County -Road 43, and south of Weld County Road 76. .c kHiE3.7 l: 8711183 Summary of the Weld County Planning Commission July 7, 1987 Tage 5 APPEARANCE: Dick Lamb, P.E. , Norton, Underwood, and Lamb, Inc. , represented the applicant. This request is for 20,000 sheep and 3,000 head of cattle. This property is 68.3 acres. Runoff will comply with the State Health Department's recommendations for a twenty—five year storm. The runoff will be used to irrigate the land. This is a very neat and clean operation. The sheep operation is primarily a winter—time job. Dust will be controlled with a sprinkler system. Manure is either sold or used on their own land. There will be no elevators on this facility. Brian Single explained that the 20,000 head of sheep and 3,000 head of cattle would be a new Use by Special Review permit. There is a Use by Special Review permit for a livestock confinement operation for sheep and cattle on another portion of this land which is a separate 53 acre parcel across the road from this request. The Chairman asked the applicant if they had reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services' staff. Mr. Lamb stated they have and he does not agree with the last sentence of development standard #9. . .The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. Brian Single stated this is a direct quote from the Weld County Health Department. Therefore, the applicant should check with the Health Department to be sure this is what they meant to state. Tape 288 - Side 1 AMENDMENT: Ernie Ross moved Development Standard #9, last sentence, be amended to read as follows: The applicant shall obtain from the Weld County Health Department a plan for the removal, handling, and stockpiling of manure from the livestock confinement area in a manner that will prevent tuisance conditions. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. 871083 Summary of the Weld County Planning Commission July 7, 1987 Page 6 The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The Chairman called for discussion from the members of the audience. Tom Rome, Midland Iowa Savings and Loan Company, reported he is not actually in opposition to this request. However, their company has obtained an expensive home adjacent to this property through default. He is concerned the dust and odor may devalue the property. Stan Greenwood, surrounding property owner, stated he is not opposed to this business, but he is concerned about the drainage. Mr. Lamb explained the design of the holding ponds. NOTICE: 3:00 p.m.--Lydia Dunbar is excused from the meeting. The Chairman asked Brian Bingle to read the recommendations, conditions, and development standards, as amended, into the record. Jan Rundus explained the amendment to development standard 119 still did not clarify that the applicant must obtain and comply with a manure disposal plan set forth by the Weld County Health Department. AMENDMENT: Paulette Weaver amended development standard 119 to read as follows: 9. The applicant shall obtain and comply with a plan approved by the Weld County Health Department for the removal, handling, and stock piling of manure from the livestock confinement area in a manner that will prevent nuisance conditions. Motion seconded by Ann Garrison. The Chairman called for discussion by the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The applicant asked for clarification of the record. This property is located on Weld County Road 43, and not Weld County Road 49. The Planning Commission discussed possible contamination of groundwater and surface water. 871083 Summary of the Weld County Planning Commission July 7, 1987 Page 7 Jan Rundus stated this language is quoted verbatum from the Weld County Health Department's recommendation. Their expertise will address the concerns of groundwater and surface water. Tape 288 - Side 2 MOTION: Ann Garrison moved Case Number USR-799:87:25 for Harper Livestock Company for a Use by Special Review permit for a livestock confinement operation (20,000 sheep and 3,000 head of cattle) be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions as outlined by the Department of Planning Services' staff, the development standards as outlined by the staff and amended by the Planning Commission, and the testimony heard by the members of Planning Commission. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ernie Ross - yes; Louis Rademacher - yes; Paulette Weaver - Yes, the development standards should adequately cover runoff under reasonable conditions. LeAnn Reid - yes; Lynn Brown - yes; Ivan Gosnell - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. The meeting was adjourned at 3: 17 p.m. Respectfully submitted, 30t t-,_ p\eo≥, Bobbie Good Secretary 871083 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Rgclt tii"b}f "Cf'e7Wird County Planning Commission that the application for: c-n CASE NUMBER: USR-799:87:25 JUL 91987 • NAME: Harper Livestock Company � � ADDRESS: P.O. Box 922, Eaton, CO 80615 a4447 e,Ler. coLo. REQUEST: A Use by Special Review permit for a livestock confinement operation (20,000 sheep and 3,000 cattle) . LEGAL DESCRIPTION: Part of the ham} and the NE} of Section 34, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately two miles east of Eaton, east of Weld County Road 43, and south of Weld County Road 76. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the intent of the Weld County Comprehensive Plan's Urban Growth Boundary Goals 1, 2, and 3. A. Urban Growth Boundary Goal 111 explains that Urban Development should be concentrated in or adjacent to existing municipalities. The proposed use is located within the Urban Growth Boundary area. This use is not considered to be an urban type of development. The location of the proposed use should not interfere with expected urban development plans of the Town of Eaton as indicated by a representative in a phone conservation on July 2, 1987. 871083 Harper Livesotck Company USR-799:87:25 Page 2 B. Urban Growth Boundary Goal 1/2 explains that land-use regulations in Urban Growth Boundary areas should be maintained to allow the County and municipalities to coordinate plans, policies, and standards relating to land uses, zoning regulations, streets and highway construction, public infrastructure systems and other closely related matters affecting orderly development within an urban growth boundary area. Mr. Carsten, Town Manager of Eaton, has indicated no objections to this proposed use occurring within its urban growth boundary area. E. Urban Growth Boundary Goal #3 explains that the Urban Growth Boundary Area should be maintained to provide an official definition between future, urban, and agricultural land-uses. The subject site is located approximately two miles east of the Town of Eaton and the town's services are not proposed to be provided within this part of the Urban Growth Boundary Area. - The proposed use is a livestock confinement operation and is provided for as a Use by Special Review in the Agricultural zone district. - The uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area as permitted by the Agricultural Zone district. - No overlay districts affect the site. - Use by Special Review Development Standards and conditions for approval will provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission's recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 8"1083 Harper Livesotck Company -USR-799:87:25 Page 3 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to construction of the feedlot, evidence shall be submitted to the Department of Planning Services that the Colorado Department of Health, Water Quality Control Division, has approved an engineering report, prepared by a Colorado Registered Professional Engineer, demonstrating that the runoff retention and containment facilities can be constructed in compliance with its Guidelines for Design of Feedlot Runoff Containment Facilities. Motion seconded by Paulette Weaver. VOTE: For Passage Against Passage Ernie Ross Louis Rademacher Paulette Weaver LeAnn Reid Lynn Brown Ivan Gosnell Ann Garrison Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, -do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on July 7, 1987. and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 8th day of July, 1987. C..\C n A Bobbie Good Secretary 871083 ADDITIONAL COMMENTS HARPER LIVESTOCK COMPANY USR-799:87:25 Mr. Christensen, Mayor -0f Eaton stated in a phone conservation on July 6, 1987, that the Eaton Town Board would review the referral on -Harper _Livestock Monday, July 13. Two letters and three phone calls have been received in opposition to this case. 871083 :TENTCRT OF ITP.YS SUFMITTED FOR cm;SIDE?ATION Case Number Ise 299:52.,25-- Submitted or Tren2red Prior to Hearing At Hearing 1. Application 9S Pages !/ 2. / Application plat(s),2__page(s) 3. DPS Referral Summary Sheet 4. DPS Recor.mer.dation S. DPS Surrounding Propery OlJner `;ailing List 6. DI'S Mineral Owners Mailing List !/ 7. DPS Naps Prepared by Planning Technician S. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. 4/4' 19Nezer ammo has q[ /eat lit/v 6 /942 . (la G tile:- S,` e onye4'c/,C / v 14. Tat/ lel17 15. 16. 17. 18. 19. 20. I hereby certify that the)2 items identified herein were submitted to the Department of Planning Services at or prier to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on �u/j/ �' 19J) r nt `7 ccr�� ner STATE OF COLORADO ) COUNTY OF k'ELD SUBSCRIBED AND SWORN TO BEFORE NE THIS -1 ^ DAY OF 19 Wi SEAL co ci© a • NO AR.Y PUBLIC ,S X.TXPI 3"71083 My Commission Cz�ires Feb. 13, 1989 `�}' CMITSSION TY.PIRFS_ EXHIBIT INVENTORY ICONTROL SHEET Case (�5,- Exhibit Submitt-ed By Exhibit Description i//13. l�2>i r�/ e/,7Z7 v ) o /i. �rni /9 -el; C• n7./r7,7+, L / , acc,u T imor Xa/2.7 ��/6E. lei •IQ F. G. H. I. J. R. L. M. N. 0. 811083 LAND-USE APPLICATION SUMMARY SHEET Date: June 30, 1987 CASE NUMBER: USR-799:87:25 NAME: Harper Livestock Company ADDRESS: P.O. Box 922, Eaton, CO 80615 REQUEST: Use by Special Review permit for a livestock confinement operation (20,-000 sheep and 3,000 cattle) . LEGAL DESCRIPTION: Tart of the NW} NE} of Section 34, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately two miles east of Eaton, east of Weld County Road 49, and south of -Weld County toad 76. SIZE OF PARCEL: 68.26 Acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The mrtteria for review of this proposal _la listed in Section 34 .3 of the Weld County Zoning Ordinance. The applicant is -requesting to obtain approval of a Use by Special -Review permit for a livestock confinement operation on 68.26 acres. The applicant is presently operating a livestock -confinement _operation (SUP-388) on 53.72 acres adjacent to the north, across Weld County Road 76. The existing support facilities _on the parcel to the north will be used for the proposed -confinement operation. A copy of a map is enclosed showing the location of the -existing confinement area and the proposed confinement area. The Department of Planning Servies's Staff has received specific recommendations from the -Weld County Health Department. A copy of this referral is included in this -Land-Use Summary. The Department of -Planning Services's Staff has -not received referral responses from the Eaton Fire Protection District and the Greeley Soil Conservation ;Service. The Greeley Soil Conservation Services's Board only meets on the 2nd Monday of each month. Their referral will not be received in time to -be considered by the Planning Commission, but will be received in sufficient time to 6e -reviewed by the Board of County Commissioners. -871( _ yid` :41 - 141111119 DEPAR :NT OF PLANNING SERVICES PHONE(303)356-4000 EXT. 4400 ''��""� 915 10th STREET GREELEY,COLORADO 80631 COLORADO NOTICE OF PUBLIC NEARING The Weld County -Planning Commission will conduct a public hearing on July 7, 1987, at 1:30 p.m. to review a request for approval cf a Usa by Special Review Permit for a livestock confinement -operation (20,-000 sheep and 3,000 cattle) from Harper Livestock Company the parcel of land is described as part -of the NW} NE} of Section 34, T7N, R65W of the 6th F.M., Weld County, Colorado, containing 68.26 acres, more or leas. The public hearing to be held by the Weld County Planning Commission _for the consideration of the above referenced request will be conducted in the Weld County -Commissioners' Hearing -Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. foments or objections related to the above request should be submitted in _writing to the Veld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 8D631, before the above date or presented at the public hearing on July 7, 1987. Copies- -of the application are available for public inspection in the Department of -Planning Services, Room 342, Weld -County -Centennial Center, 915 Tenth Street, Greeley, -Colorado, - Phone - 356-4000, -Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by June 19, 1987 Received by: Date: 6 -(C 6?los3 •1 d• I• 1 *1 )• g.'• ),� 35 ^• e 711 a. >) _ u «. '' `�. 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I ,' 1 ;;k74 V F *&1 ..,,,,,,....-4.r.,:ArL'iw�{: fJta �t V'Sa''4� 1'a e ? _!R7 1 n i u d 1 ,• ,, ,"� tr r X�.4eM t `s' ,T a,»�' zcL, -.'7v ' er't._ _nTr� '�4Y �Sy`s .••, FIELD CHECK FILING NUMBER: USR-799:87:25 DATE OF INSPECTION: June 16, 1987 NAME: Harper Livestock Company REQUEST: Use by Special Review permit _for a Livestock Confinement Facility LEGAL _DESCRIPTION: Fart of the NWI NEI of Section 34, T7N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 2 miles east of Eaton; east of Weld County Road 43 and south of Weld County Road 7-6 LAND USE: N Mouse, existing livestock confinement operation E Productive farmland S Productive farmland W Productive €armland ZONING: N Agricultural E Agricultural S Agricultural W -Agricultural COMMENTS: Access to this proposed operation would be from Weld County Road -43, a paved county arterial, and Weld County Road 76, a yell maintained gravel road. The property has a gentle slope downward to the southeast. By:p_e/d giolefed uett 11KCCeith A. Schuett Current Planner 871083 REFERRAL LIST APPLICANT: Harper Livestock Company CASE NUMBER: ZTSR-799:87:25 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: June 19, 1987 NO SR NR NO SR NR County Attorney 100/ X Weld County Health Dept. X Engineering Department X County Extension Agent Office of Emergency Mngmt X Greeley Soil Conservation. Service 4802 9th Street Road Greeley, CO 80631 - % Sown of Eaton Attention: Gary Carsten P.O. Box 946 Eaton, CO 80615 X -Eaton Fire Department Attention: Reuben Bobb, Chief Route 1, Box 30 Eaton, CO 80_615 X North Weld County Water District Attention: Lyle D. Nelson, Manager P.O. Box 56 Lucerne, CO 80646 X Ernest Ross 35900 Weld County Road 23 Windsor, CO 80550 NO=No Objection SR=8pecific Recommendations NR=No Response 511083 .4 n lm EiBe T_o Weld -County Planning Cate June 18, 1987 lem COLORADO From Health Protection Services /,fjVi Sr/9 Case Number: USR-799:87:25 Name: -Harper Livestock Co. Subject: Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Required Emissions Permit is obtained from She Air Pollution Control Division, Colorado Department of Health for fugative dust endtdors. 2. An ISDS Evaluation on all existing septic systems -will ba necessary prior to issuing the 'required septic permit on the existing system. 3. Waste -oil, spent drug containers, empty livestock dip containers, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. The facility shall be in compliance with the Colorado Guidelines for Feedlot Runoff Containment, prior to final approval of the proposed use. 5. The applicant -shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance renditions. The manure piles shall not be allowed to exist or ideteriorate to a condition that facilitates excessive odors, flies, nr insect pests, or -pollutant runoff. The manure storage site shall have a water-tight surface which _does not permit seepage or percolation of manure pollutants into the ground. 6. No permanent disposal of wastes shall be permitted at this site. JUN 191987 Weld to. Karon comcacssiat, • 871083 SURROUNDING PROPERTY OWNERS USR-799:87:25 HARPER LIVESTOCK COMPANY Jack Stern Route 2, Box 176—A Eaton, CO 80615 Harold A. and Judy C. Harper Harper Livestock Company P.O. Box 922 Eaton, CO 80615 Stanley W. and Ava Greenwood 36600 Weld County Road 43 Eaton, CO 80615 Mid-Iowa Savings and Loan Association 123 West 2nd Street North Newton, Iowa 50208 81100 SURROUNDING MINREAL OWNERS USR-798:87:24 HARPER LIVESTOCK COEPANY Harold A. and Judy C. Harper P.O. Box 922 Eaton, CO 80615 Sulphur River Exploration, Incorporated Dallas, Texas 75221 871083 . Chuck Cunliffe 0 IT v Director of Planning Services JUL 61987 Centenial Bldg. Rm 342 915 10th Street Weld Co. Planning Commission Greeley, Colorado 80631 Dear Sirs: This letter is in reference to request for a use by special review permit for a livestock confinement operation: VSR-799: 87.25. If allowed, this permit would make a 23,000 head feedlot on a hill overlooking my property. One question raised by this proposal is DRAINAGE. All runoff from this operation is made in a confinement pond. This pond then has a spillway to an existing irrigation waste ditch on the west sideof the proposed feedlot. This ditch flows into a barrow ditch along y7 .C. R. 76, which in turn flows into Lone Tree Creek, a year round natural watercourse. In the summer of 1985, the existing irrigation waste ditch washed out. The ditches down- slope bank is directly to the west allowing water and mud to flow across our property and neighboring properties. A residence was damaged by mud and water, which also filled the basements. A feedlot would merely increase the runoff. In the instance of this waste ditch breaking, all the adjacent properities would suffer damage from MORE than mud and water. During this same incident, a house forther south and west, on the same side of LONe Tree Creek suffered water damage. No provision has been made to prevent this from reoccurring. Less than one mile to the north of these residences is another livestock feeding operation. This would be less than one half mile west of the existing Harper Livestock Feeding operation. Livestock feeding is a legitimate aspect of agri-business, but the area in question has more than enough of this type of operation. Other areas should be considered. 47/,//f mil 1�//G)!'LQ eV" 47,227 8'11083 Chuck Cunliffe Director of Planning Services JUL 6 1987 Centenial Bldg. Rm 342 915 10th Street Weld Co. Planning Commission Greeley, Colorado 80631 Dear Sirs: This letter is in reference to request for a use by special review permit for a livestock confinement operation: VSR-799: 87.25. If allowed, this permit would make a 23,000 head feedlot on a hill overlooking my property. One question raised by this proposal is DRAINAGE. All runoff from this operation is made in a confinement pond. This pond then has a spillway to an existing irrigation waste ditch on the west si deof the proposed feedlot. This ditch flows into a barrow ditch along tv .C.R. 76, which in turn flows into Lone Tree Creek, a year round natural watercourse. In the summer of 1985, the existing irrigation waste ditch washed out. The ditches down- slope bank is directly to the west allowing water and mud to flow across our property and neighboring properties. A residence was damaged by mud and water, which also filled the basements. A feedlot would merely increase the runoff. In the instance of this waste ditch breaking, all the adjacent properities would suffer damage from MORE than mud and water. During this same incident, a house forther south and west, on the same side of LONe Tree Creek suffered water damage. No provision has been made to prevent this from reoccurring. Less than one mile to the north of these residences is another livestock feeding operation. This would be less than one half mile west of the existing Harper Livestock Feeding operation. Livestock feeding is a legitimate aspect of agri-business, but the area in question has more than enough of this type of operation. Other areas should be considered. „VA o.VOO4, Pcityka—} \--1).„1", 3/1983 USE BY SPECIAL REVIEW HARPER LIVESTOCK COMPANY LAMB FEEDLOT EXPANSION WELD COUNTY, COLORADO Prepared for Harold Harper Project No. 8721 June, 1987 Prepared by Norton, Underwood and Lamb, Inc. Engineering Associates Greeley, Colorado 871083 APPLICATION REQUIREMENTS: 1. A Completed Use by Special Review Application is attached. 2A. Harper Livestock Company is an existing lamb feeding operation located three miles east, one mile north, and again one-half mile east of Eaton, Colorado, in the Southeast Quarter of Section 27, T7N, R65W. Harper Livestock Company presently has a Use by Special Review to feed 30, 000 lambs at that location, but the existing facility is only used for a maximum of 20,000 head. This reduction has been brought about by the demand for a leaner lamb with corresponding changes in feed rations and methods. The proposed expansion will increase the lamb feeding operation by 20,000 head, and will provide a feeding operation for 3 ,000 cattle. The present feedlot operation occupies 53 .72 acres and is owned by Harold A. and Judy C. Harper, dba Harper Livestock Company. The proposed expansion will be constructed on property adjacent to the existing operation on the south. The two operations will be separated by Weld County Road 76. The expansion property was recently purchased by Harper Livestock Company. The lambs to be fed at Harper Livestock Company proposed new lot begin arriving the latter part of August and the feedlot is filled to capacity by the end of October. The lambs are all light lambs. In other words,they weigh less than 80 pounds. The lambs are fed a roughage ration consisting of pressed beet pulp from the Greeley sugar factory and locally grown corn and hay silage, along with dry ground alfalfa hay. 1 871083 The lambs gain approximately one-quarter pound per head per day or about seven and one-half pounds per month while on the roughage ration. The pressed beet pulp tends to quiet the lambs which in turn reduces milling around and dust. The roughage feed is continued until each lamb reaches a weight of about 100 pounds. When this weight is attained, the lambs are put on a ration of 50% roughage and 50% concentrate (grain) until ready for market. -The heavier lambs are ready for the concentrate ration in about the middle of December. Lambs begin leaving the feedlot for market in early January. The cattle feeding operation is similar to the lamb feeding in the delivery of feed and maintenance of the feedlot. Cattle are brought in and out of the feedlot twice a year. They will enter at 600 to 700 pounds bodyweight and leave at 900 to 1000 pounds. The feed will consist of corn silage, rolled corn, other grains, and supplements. feed will be purchased locally and cattle will generally come from Colorado and Wyoming, although cattle may come from other states depending on price and transportation availability. The cattle portion of the feedlot will probably not be used con- tinuously but will be used to the extent economically feasible depending upon feeder cattle prices and availability of feed. 2B. The lambs which are fed come from the ranges of Colorado, Wyoming, Montana, Idaho, and the Dakotas in the fall of the year. Because lamb prices have been relatively good the past few years, the sheep industry has been expanding thus creating a need for 2 871083 additional lamb feedlot space. The general area of Weld County has long been recognized as an ideal location for livestock feeding due to the relatively mild winters, dry air, and abundant feed supply. 2C. The area surrounding the present feedlot is utilized almost exclusively for agriculture. The principal crops grown are corn, alfalfa, stock beets, cabbage, barley, beans, and wheat. Also, within a five mile radius, there are several dairies and lamb and cattle feedlots. 2D. There are seventeen residences within one-half mile of Harper Livestock Company and the proposed expansion area; including the five en Harper land; two at the southwest corner of the existing feedlot; the Harper home, one-quarter mile east of the existing feedlot; two at the northwest corner of the proposed expansion area; six others to the west and six others to the east. The closest, other than the Harper-owned homes, is located approximately 1300 feet to the West of the proposed -expansion area. The direction of the prevailing wind is from the Northwest. 2E. The proposed feedlot expansion for Harper Livestock Company will employ one full-time worker and two people on a part-time basis. The existing feedlot operates seven days per week during the daylight hours and the same is proposed for the expansion. There occasionally will be night unloading of lambs during August, September, and October. 3 871083 2F. North Weld County Water District presently provides water service to Harper Livestock Company and to the proposed expansion site. There is a six inch water line in Weld County Toad 76 . In a letter from the manager of the Water District (attached) , additional -water service can be made available to Harper livestock Company for the proposed expansion. 2G. The access to the site is via Weld County -Roads 43 and 76 . Weld County Road 43 is a well maintained, two lane paved roadway and is classified in the Weld County Thoroughfare Plan as arterial. Weld County Road 7b is gravel and well maintained. The main access point to Harper Livestock Company is located approximately one-half mile East of Weld County Road 43 on the North side of Weld County Road 76. This access point is in the area of the office and maintenance building. The entrance for the proposed -expansion area is at this approximate location on the south side of Weld County Road 76 . Semi-tractor trailer units hauling lambs to and from the operation will utilize this point of access. When the feedlot is filled to capacity, one or two feed trucks will deliver feed to the lambs during the daylight hours of the day. Each truck carries about three tons of feed and moves at a slow speed. Because the trucks move slowly during feeding, very little dust is stirred up in the feedlot. 2H. No new sewage facilities are proposed for the site of the feedlot expansion. All existing domestic wastewater is treated through septic/absorption field systems. 4 871083 2I . This site is located within the Eaton Fire Protection District. -No unusual fire protection measures are anticipated. 2J. The existing feedlot is approved for 30 ,000 sheep, but feeds only approximately 20,000. After the construction of the proposed expansion, the entire operation will have a total capacity of 40,000 lambs and 3 , 000 cattle at any one time. 2K. A manure storage area is located one-half mile east and one mile north of the existing feedlot. This area occupies approximately 3 . 0 acres. The manure is removed from the pens during December, January, and February o₹ each year, and spread on land owned and leased by Harper Livestock Company. Excess manure is sold to nearby farmers. 2L. The feedlot is served by BFI Waste Systems of Northern Colorado. This company picks up the trash and debris produced by the operation once each week. 2M. Specific landscaping plans are not proposed for the area of the feedlot expansion. Erosion control for the feedlot expansion area shall be provided by ditches to channel surface runoff into the sedimentation pond and then into the total containment pond. In addition, alfalfa or other close growing crops will be maintained in the area between the pro- posed pens and the containment pond. 2N. Upon cessation of the feedlot operation, the pens could be removed and the land returned to farming. 5 S71083 20. It is proposed that construction on the feedlot expansion will begin in august, 7987 . Pens will be put into operation as they are completed this fall. Approximately 50% of the pens will be constructed this year. The feedlots will reach their capacity of 40,000 head of lambs and 3 , 000 head of cattle in 1988 . 2P. The Colorado Department of Health requires all livestock confinement areas to be graded to prevent accumulation of surface water and to drain all contaminated water to adequate retention facilities. The site of the proposed expansion is located to the south of the existing feedlot. The area slopes generally to the southwest at an average of 1.7 percent. The proposed land use for the expansion of the feedlot operation is as follows: Feedlot pens, feed and alleys - 38. 23 acres Sedimentation pond - 1 . 50 acres -Total containment pond - 3 .40 acres Land application area - 10.76 acres Miscellaneous - 11 .76 acres 68 . 26 acres The drainage area for sizing runoff containment facilities consists of livestock containment areas, alley-ways, manure holding, and storage areas or any other appurtenant areas which may be soiled by manure excrement. The expansion will contribute 38 . 23 acres. From the Soil Conservation Service ' s "Peak Flows in Colorado" , the 25-year, 24-hour storm at this site yields a total precipitation of an estimated 3 . 1 inches. Using the Soil Conservation Service 6 871083 runoff _Curve 91 for feedlots that have an earthen base, the corresponding runoff is 2. 1-6 inches. The peak runoff is then determined by multiplying the drainage area by this value: Peak Runoff = 38. 23 acres x 2. 16 inches/12 inches/ft. = 6. 88 ac.—ft. The proposed runoff pond has an average width of about 155 feet and a length of 565 feet. The estimated retention capacity at an average depth of 3 . 45 feet is b.'94 acre-feet. The proposed sedimentation pond will have a capacity -of 1. 32 acre-feet or 20 percent of the peak runoff generated by the feedlot expansion. Runoff from the proposed pens will be routed into the sedimentation pond via interceptor ditches. From the sedimentation pond the runoff will be routed into the proposed containment pond. Both the sedimentation and total containment ponds will be sealed by mixing of bentonite in the upper 6" to 12" of the interior of the ponds . Uncontaminated surface runoff east of the proposed pens will be -diverted around the feedlot by means of an interceptor ditch which will flow into an existing irrigation waste ditch located immediately south of- the proposed pens. The open space in the proposed feedlot expansion area west of the proposed feedlots is to receive waste from the containment pond. Soil encountered at this location is : Soil Map Unit Hydrologic Sroup Infiltration Rate in. /hr. * Otero Sandy Loam B 6 to 20 *Information supplied from Boil Conservation Service, steady state infiltration rates in crop condition; these rates may decrease 0. 1 7 871083 in. /hr. if livestock are allowed to graze on the soil. The area of land available for distribution of retention pond runoff is 10 .75 acres ( located west of proposed pens -and south of existing buildings) . The volume of waste runoff to be evacuated from the pond within 15 days after the 25-year, 24-hour design storm is 6. 8-8 -ac. /ft. The resultant application rate is then: 6 .85 sc./ft./10.76 acres = 0 . 64 feet 0.54 feet/15 clays = 0 . 04 feet/day = 1/2"/day = . 001-7"/hr = 1-04 gpm A 200 gpm submersible sewage pump is proposed to _remove waste from the total containment pond. At -a pumping _rate of 200 gpm, the pump will run an estimated 12 hours per -day over the 15 day period. The associated application rate will be 0 . 0034 inches/hour. The -waste runoff will be applied by irrigation methods. To prevent plugging of the surface soil 's pores, the land may be occasionally lightly harrowed. 8 ®71053 SUPPORTING DOCUMENTS: A. The agricultural goal of the Weld County Comprehensive Plan is to encourage the preservation of agricultural uses and promote the development of commercial uses directly dependent upon the agricultural industry, such as feedlots. S. The Agricultural District is intended to provide areas for the conduct of agricultural and related activities as well as provide areas for the conduct of Uses by _Special Review which have been determined to be more intense than Uses Allowed by Right. Livestock confinement operations are a use allowed in an agricultural district upon approval of a Use by Special Review. C. The land on which the proposed new lamb feedlot is to be constructed has recently been purchased by the Harper Livestock Company. The feedlot operation will maintain this property in an agriculturally related activity. D. Adequate provisions for the protection of health, safety, and welfare of the neighborhood and county inhabitants shall be instituted to insure: 1 . Manure shall be handled and disposed of in a sanitary manner. 2 . Suitable chemical and scientific controls shall be used for rodent and insect control. 3 . Mechanical meansfor scraping, grading, and cleaning of the area shall be provided; and 4 . Drainage facilities will be utilized as required by the Colorado State Health Department. 9 871083 E. The -proposed feedlot will be compatible with the existing surrounding land uses. The areas to the north, south, east, and west of the existing lamb feedlot are farmed. F. The existing feedlot and proposed expansion are compatible with the future development of the agriculturally zoned land. The site is -not within Weld County's Urban Growth Boundary. G. The special review area is not located in a floodplain, geologic hazard, or Weld _County Airport overlay district. H. Water for the -proposed feedlot expansion will be supplied by the North Weld County Water pistrict. Reference is -made to the attached letter from Mr. Lyle Nelson, District Manager. I . A Warranty Deed for the farm in which the expansion site is located is attached to this application. J. A noise report has not been included as a part of the supporting documents. K. -The soils encountered at the site include; (based upon the Soil Conservation Service' s "Soil Survey ofWeld County, Colorado, Southern Part" , issued September, 1980) : Soil Map Unit 32: Kim loam, 1 to 3 _percent slopes -deep, well drained soil -permeability is -moderate -surface runoff is -medium and the erosion hazard is low -suited to all irrigated crops commonly grown in the area -in nonirrigated areas this soil is suited to winter wheat, barley, and sorghum -good potential for urban and recreational development -generally favorable for septic tank absorption fields -capability class — II-e irrigated Die nonirrigated 10 871083 Soil Map Unit 37 : Nelson fine sandy loam, 0 to 3 _percent -slopes -moderately deep, well strained -permeability is moderately rapid -surface runoff is slow to medium, and erosion hazard is low -suited to most irrigate crops grown in the area -restricted somewhat because it is only moderately deep -suited for corn, barley, three to four years of alfalfa, wheat and irrigated _pasture -in nonirrigated areas, it is suited to winter wheat, barley and -sorghum -good potential for recreational development -capability class - IIIe irrigated IVe nonirrigated Soil Map Unit -47 : Olney -fine sandy loam, 1 to 3 -percent slopes -deep, well drained soil -permeability is moderate -surface runoff is medium and erosion hazard is low -suited to all irrigated crops commonly grown in the area -in nonirrigated areas this soil is suited to winter wheat, barley and sorghum -good potential for urban and recreation-al development -generally favorable for septic tank absorption fields -capability class: Ile irrigated lye nonirrigated Soil Map Unit 51: Otero sandy loam, 1 to 3 percent slopes -deep, well drained soil -permeability is rapid -surface runoff is slow and the erosion hazard is low -suited to most of the irrigated crops commonly grown in the area -furrow irrigation is most common -in nonirrigated areas this soil is suited to winter wheat, barley and sorghum -excellent potential for urban and recreational development -capability class: IIIe irrigated IVe nonirrigated Soil Map Unit 52: Otero sandy, 3 to 3 percent slopes -deep, well drained soil -permeability is rapid -surface runoff is medium to rapid and the erosion -hazard is low -used almost entirely for irrigated crops -excellent potential for _urban and recreational development -capability class: IIIe irrigated VIe nonirrigated -steady state infiltration rate (crop condition) 0. 3 in./hr. 11 871083 Soil Map Unit 58 : Shingle loam, 1 to 3 percent slopes -shallow, well drained, surface runoff is medium -permeability is moderate, erosion hazard is low -suited to only limited _cropping -poor potential for urban development -capability class: IVs irrigated VIs nonirrigated Soil Map Unite 64: Thedalund loam, 1 to 3 percent slopes -moderately deep, well drained soil -permeability is moderate -surface runoff is medium and the erosion hazard is low -suited to limited cropping -most irrigation methods are suitable, but the length of suns should be short to prevent over irrigation -in nonirrigated areas this soil is suited to winter wheat, barley and sorghum -the underlying shale is the most limiting feature -capability class: IVs irrigated IVe nonirrigated -steady state infiltraion rate (crop condition) : 0 .5 in./hr. The proposed feedlot expansion will be constructed on soils 32, and 47. L. A certified list of the names, addresses, and the corresponding parcel identification number of the -property owners within 500 feet of the subject property has been included as part of this application submittal. M. The minerals on or under the parcel of land proposed for the feedlot expansion are still with the land. (See lease exception on deed. ) 12 871O83 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee _ Receipt Number TO BE CONFUTED BY APPLICANT: (plea-se print or type, except for necessary signature) I (-we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: Part of LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SEe & NE l Section 27 T 7 N, R 65 W LEGAL DESCRIPTION of contiguous property owned upon which Special -Review Permit is proposed: Part of NWj & Section _ 34 T 7 N, R 65 W NEA Property -Address (ii available) 21498 & 21494 Weld County Road 76 PRESENT ZONE -A-Agriculture _ OVERLAY ZONES Not Applicable TOTAL -ACREAGE 53.72 Existing & 68.26 Proposed PROPOSED LAND USE. Feeiilvt: Lamb-40,O00 head total , Cattle-3,-000 head total EXISTING LAND USE Existing lamb feedlot and farming SURFACE FEE (PROPERTY -OWNERS) OF AREA PROPOSED TOR -PRE USE MY SPECIAL REVIEW PERMIT: Name: Harper Livestock Cvmpanv Address: P.D. Box 922 City Eaton, CO Zip 80615 Home Telephone -0 454-2966 Business Telephone 0 454-3181 Wane: Address: City Zip Nome Telephone f Business Telephone d APPLICANT OR -AUTHORIZ-ED AGENT (if different than above) : Name: Address: City Zip Rome Telephone S Business S-elephone 0 • List the owner(o) and/or lessees of mineral right-s on or under she subject properties of -record. Name: Harper Livestock Company Address: P.O. Box 922 City Eaton, CO Zip 80615 Name: - Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans -submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) • 7/Ci_ r"`-d' Cl . AZc.-pia-4-.__ Signature: Owner or Authorized Agent Subscribed and sworn to tefore me this-4'7y of `, ii(ltG, 1a iIt�- %C� l /lr �llit,/ NO `AR PIJBLIC Hy commission expires t - ,2--3 " V/ 871083 //. 1 Recorded at o'clock -_--__M., s-��/ /432- Reception No.�� _ 7/ Atli/ Recorder. l• THIS DEED, Made this 1st day of June 1 19 87 ,between Judith Marie Aylsworth, as to an undivided one-third interest, Sue Skaley, as to an undivided one-third interest, and Janey Blehm, as to an undivided one-third interest of the County of Weld and State of Colorado Colorado,of the first part,and ,larold A. Harper and Judy C. Harper whose legal address is P. 0. BOX 922, Eaton, CO 80615 of the County of Weld and State of Colorado,of the second part: WITNESSETH,that the said part ies of the first part,for and in consideration of the sum of other good and valuable considerations and Ten DOLLARS, to the said part ies of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged,ha ve granted,bargained,sold and conveyed,and by these presents do rt grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel s of land, situate, lying and-being in the County of Weld and State of Colorado,to wit: Parcel #1 li All that part of the EhNW% of Section 34, Township 7 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado, lying East of the Right of Way of that certain irrigating ditch commonly known as the "John P. Roberts" Ditch and more particularly described as follows: 1i N if Beginning at a point at the Northeast Corner of the NW; of said Section; I I� thence running West on said Quarter Section Line to the East Line of Right of Way of said "John P. Roberts" Ditch and as the same is now constructed; thence running South the said ditch to theLine;along Quarter Section and I thence East to the center of said Section 34; thence running North on Quarter Section Line to the Point of Beginning Parcel #2 The NE4 of Section 34, Township 7 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. Together with all water, water rights, ditches, ditch rights, reservoirs an-d reservoir rights appertaining thereto or in anywise utilized in connection I therewith, including, but not limited to seven shares of the capital stock � of the Larimer and Weld Irrigation Company, six and one-half shares of the capital stock of the Windsor Reservoir and Canal Company, ten shares of the capital stock of the Owl Creek Supply and Irrigation Company, and one 5/8" water tap of the North Weld County Water District, I Subject, however, to the following: (1) 1987 taxes due and payable in 1988; (2) Rights of way and easements as now existing on said premises or as -now Happearing of record, including the following: (a) Right of way between Robert M. Havthorn and Owl Creek Supply and Irrigation Company, recorded May 29, 1907 in Book 270 at page 202 of the Weld County records, granting a right of way for the Owl Creek Supply and Irrigation Company's ditch through the NE/ of Section 34, Township 7 North, Range 65 West of the 6th P.M. ; (b) Right of way for a tile ditch conveyed to Martin M. Ward by deed recorded December 17, 1906 in Book 2-47 at page 537 of the Weld County ,records; (3) Oil and gas lease dated April 22, 1980, recorded May 1 , 1980 in Book 902 under Reception No. 1823855 of the Weld County records. wil,c mwwxxxgmmtxmlomxthex TOGETHER-with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise apper- taining, and the-reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate,right,title,interest,claim and demand whatsoever of the said part ies of the first part,either in law or equity, of,in and to the above bargained premises,with the hereditaments and appurtenances. No.765.WARRANTY DEEDt—To Joint Tenants.—nradfonl Pt,ldhhing C,..,1521-Jr,Stool St root.Drover,Colorado— 11-77 TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the said parties of the second part,their heirs and assigns forever.And the said part ies of the first part,for them selves theinreirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part,their heirs and assigns,that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance in law, in fee simple, and ha Ve good right, full power and lawful authority to grant,bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains,sales,liens,taxes,assessments and incumbrances of whatever kind or nature,soever, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their heirs and assigns,against all and-every person or persons lawfully claiming or to claim the whole or any part thereof,the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part ha `7e hereunto settheir hand S and seal S the day and year first above written. 92 Signed,Sealed and Delivered in the Presence of Q!�� -' L] Jj Mari , Ay sworth [SEAL] u Skaley ,--- . [ 11.111 [SEAL] tin Bl m STATE OF COLORADO, aa. County of Weld The foregoing instrument was acknowledged before me this 2st day of June 19 87 ,by Judith Marie Aylsworth, Sue Skaley and Sauey Blehm My commission expires ` `p //e- ��/ / /�l' ,19 .Witness my-hand and official seal. ]9 J Notary Public. 871083 -. C �• �• a ^ T V a N O A 3 V L o T z n/� W Q th °n N C J 7 .t a td pNG a o„� M Q v o v Er 7-- 0 o :"3:1 a. a Kyy O E i L C O U ., w x v gCU 1 z �' w w o v N °�' ` G F v e o tz x ,� O C O �• T O i. i v• o S O �:a , a) u O /. rei u ' W J OF. 0 - v ._ .. c za o >, o d J .l .J I u. v mmw w cn �' m •J -Al -M) \-N, 4 .4 .� - ,,,,4-9 "� ' 1^.j P . - ... /Cc)._ I,.-• d24.—_,W(31--1-16113 1 dl. alder ,` box i� c 4,. 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I eat h II 1 y f>j' 444 r�r'�b'.IPk,,ly', 9 r,d I ' 1 U aI dA� F' 51 h'� r _ I V$ 1 3 I' e l 1,n 4*Ib4 ''..II r �' � I ICI li i , i � ...t., . I I <� 4 kill�}��t i7 if o .�.. 'i }L T 1il �1 �� es 9§ eu'1 "P'krm"t;. r PI r w'i L SCI PROPERTY OWNERS WITHIN 500 FEET Parcel Identification Number Owner Name and Address 0709-27-0-0D-019 Stern, Jack Rt. 2, Box 175-A Eaton, CO 80615 0709-27-0-00-020 Harper, Harold A. & _Judy C. dba Harper Livestock Company P.O. Box 922 Eaton, CO 8-0615 0709-34-0-0D-027 Greenwood, Stanley W. & Ava 35600 Weld County Road 43 Eaton, CO 80615 0709-34-0-0D-030 Mid-Iowa Savings & Loan Assoc. 123 West 2nd Street North Newton, Iowa 50208 8'71083 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property NEI and WW1 East of John P. Roberts Ditch. T.7N. ,R65W. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within live hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the 7Tcord- of the Weld County Clerk and Recorder. The list • compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. iu-1/4rene a The Soregoin instrument was -subscribed and sworn to before me this '-'42,0(1-- - day oE_ — E9Lf , 19 ' i . WITNESS my han& and official seal. My Commission expires: 7 )- S X� A e2t;/9No ry Public 871083 MINERAL OWNERS AND LESSES 1. Owner: Harold A. Harper and Judy C. Harper P.O. Box 922 Eaton, Colorado 80615 2 . Oil and Gas Lesse: Sulphur River Exploration, Inc. Dallas, Texas ( Copy of lease attached-extended) 871083 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property NEB and NW$ East of John P. Roberts Ditch, T.7N. , R65W. STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or. under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this —7)51///t/ � 7 2 day of . /C2_C_ , 19,9 WITNESS my hand and official seal. My Commission expires: 2- -7 ] - 9/ 'to/ e /& ' Nota Public 871083 RECEIVED MAY 1 8 1987 ERNES�TK3DES ECTORS o^r`�; NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERTALKIRE ljh��► O HIGHWAY 85 LUCERNE,COLORADO 80848 GARW MrMcKAPYON ?.1� i II et LYLE NELSON,MGR. P.O.BOX 58 - PHONE 358.3020 May 14, 1987 RE: Water Service - Harper Livestock Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: NE and Pt Of NWl Sec 34-7-65 1 . x Water service is presently being provided to the above described property. X 2. Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void. Additional comments: Sincerely, NORTH WELD COUNTY W TER DISTRICT Ly e D. Nelson , Manager LDN/wb • • 871083 COPY OF NOTICE.MAILED FIRST CLASS, WITH NOTICE TO APPLICANTS, TO: BOARD OF COUNTY COMMISSIONERS WELD COU'N'TY COLORADO P. 0. BOX 758 C= 'Y, COLORADO 80632 DICK LAMB 1020 28TH AVENUE, #205 GREELEY, CO 80631 4 871083 Hello