HomeMy WebLinkAbout911390.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - RICHARD HESSEE/ROGGEN
FEEDLOT, C/0 GARY DACUS
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
WHEREAS, on October 9, 1991, a Show Cause Hearing was conducted to consider
revocation of Special Use Permit 11208, issued to Richard Hessee/Roggen Feedlot,
c/o Gary Dacus, and
WHEREAS, at the meeting of October 9, 1991, the Board deemed it advisable
to continue said matter to October 16, 1991, at 9:00 a.m. , and
WHEREAS, Gary Dacus is manager and Richard Hessee is owner of said
property, being described as part of the NE'„ of Section 25, Township 2 North,
Range 63 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at the meeting of October 16, 1991, the Board deemed it advisable
to accept the collateral and Dust Control Plan submitted by Roggen Feedlot, Inc. ,
and to continue said hearing to November 27, 1991, at which time all work must
be completed, and
WHEREAS, at the meeting of November 27, 1991, the Department of Planning
Services informed the Board that Roggen Feedlot, Inc. is in compliance with
Special Use Permit #208, and said matter should be dismissed, and
WHEREAS, the Board deemed it advisable to dismiss said Show Cause Hearing
for Richard Hessee/Roggen Feedlot, c/o Gary Dacus.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing to consider the revocation of
Special Use Permit 11208 issued to Richard Hessee/Roggen Feedlot, c/o Gary Dacus
be, and hereby is, dismissed.
PL0749
911390
Pt,074 7 ive
Page 2
RE: ACTION OF BOARD CONCERNING SHOW CAUSE - HESSEE
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 27th day of November, A.D. , 1991.
ATTEST: �/✓ 16144 AO
OF COUNTY COMMISSIONERS
WELD COUr, LORADO
/
Oh
Weld County Clerk to the Board
Er
/ // Gord ac , airman
Deputy Cleric it
to the Bar$ __„A ge KengedY, ro-Tem
APPR0yED AS TO FORM: ; Le)7?�-1�je-- 11A�ntii_
,'\� onstance L. Harbert
/� !i� L___.--L__,_ X/W
/ 'C3""_. County Attorney C. W. Kir y
ABSTAINED
W. H. Webster
-911390
HEARING CERTIFICATION
DOCKET N0. 91-54
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT 11208
- RICHARD HESSEE/ROGGEN FEEDLOT, C/0 GARY DACUS
A public hearing was conducted on November 27, 1991, at 10:00 A.M. , with
the following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert - Absent
Commissioner C. W. Kirby
Commissioner W. H. Webster - Abstain
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Lanell Swanson
Health Department representative, Wes Potter
The following business was transacted:
I hereby certify that pursuant to a notice dated September 18, 1991, and
duly published September 26, 1991, in The New News, a public hearing was
conducted to consider the revocation of Special Use Permit #208 issued to
Richard Hessee/Roggen Feedlot, c/o Gary Dacus. Lee Morrison, Assistant
County Attorney, made this a matter of record. (Let the record reflect
Commissioner Harbert is now present. ) Lanell Swanson, Planning Department
representative, read the Planning staff's recommendation for dismissal and
recommended it be entered into the record as written. Wes Potter, Health
Department representative, stated the Health Department has received and
approved both a Disposal Plan and a Run-off Water Management Plan. On
November 22, 1991, Mr. Potter inspected the property and found the
construction of the pond is completed and the property is in compliance
with Special Use Permit 11208. Chairman Lacy asked for public comments.
(Tape Change to 1191-34) Joel Schoneman, surrounding property owner, asked
that staff monitor this operation closely to ensure compliance in the
future. Chairman Lacy stated that staff always follows up, but especially
in cases where Show Cause Hearings have been held. Commissioner Harbert
reminded Mr. Schoneman that he can call anytime he is aware of violations
occurring. Linda Schoneman asked what had happened regarding the liner,
and whether or not she could obtain copies of various documents. Mr.
Potter explained the liner is in place and in compliance, and she is
welcome to look through their file to determine what copies she will need.
Gary Dacus, Manager of Roggen Feedlot, expressed his thanks to staff and
the Board. Commissioner Harbert moved to dismiss the Show Cause Hearing
for revocation of Special Use Permit 11208, based on the findings of the
Planning staff. The motion was seconded by Commissioner Kirby, and
carried 4-0, with Commissioner Webster abstaining.
This Certification was approved on the 2nd day of December, 1991.
�� ��� APPROVED:
ATTEST: �y� ��� � BOARD OF COUNTY COMMISSIONERS
WELD COU TY COLO ADO
Weld County C�k t,o th ' Board
'2
By: a_411 „tA���,p` Gor y, airman
Deputy Clerk to the B a�-rd \
ge Ken dy, Pro-Tem
TAPE #91-33 & 1191-34
L�onstance L. Harbert
-DOCKET 1191-54
/ r
C. W. Kirby
PL0749
ABSTAIN
W. H. Webster
n 911390
G L ' I L-
•
Jr7LI/ilLVL&7J( Irlr,r > � ,�
'�tiefd `- ��1 ,
_ ... �7
RUNOFF WATER MANAGEMENT PLAN
ROGGEN FEED LOT. INC. .
NOVEMBER 26, 1991
OBJECTIVE: To provide for acceptable feedlot runoff -
containment and disposal.
Pursuant to this subject, the following practices
will be emercisodr
( 1 ) Free—flow waterers will be utilized and
managed so as not to detrimentally effect
-the holding pond' s ability to contain runoff
from the twenty—four hour, twenty five year
storm.
(C) The -level of the holding pond will be
maintained to ensure capability to hold runoff
fr-om twenty—four hour, twenty—five year
svent at all times.
•
(3) A minimum of two foot freeboard will be
maintained.
(4) At no time will runoff from Lhe feedluL be
allowed to overflow and discharge offsite.
Please note that drainage from the ditch
directly east of the containment pond and
=liverclon berme it not ceneidercd contaminated
and is not the responsibility of the feedlot
to contain.
ea) Ta pump with a minimum pumping capacity of lei
GPM will be maintained to use as needed for
disposal.
(6) Disposal of water from the containment pond
will take place over a 15 day period on eet. O
acres of land adjacent to and owned by Roggen
Feed Lot, Inc, at an _application rate of . 17
inches por, acry per day.
•
(7) Any r_emaining -wastewat_er may tre pumped onto
th• crop land followi-ng the runoff disposal
period at a rate nut to excerd uptake capacity
of the -.nil.
(9) No wastewater• will Lie applieti to saturated or
frosen -ground. J
Rw p tf y s .i -matted,
ter-'
l
1'Ir. eta ' Nysee, President
Ilog en List, Inc:. •
-Mr. Garr AC S � -n- er
Roggen red Lot, Inc.
_SHOW CAUSE
DATE: November 27, 1991
CASE #ZCH-64
NAME: Roggen Feedlot (Richard Hessee)
c/o Gary Dacus, Manager
ADDRESS: 35895 Weld County Road 18
Boggen, CO 80652
LEGAL DESCRIPTION: Part o₹ the NE4 of Section 25, T2N, R63W of the 6th
P.M. , Weld County, Colorado.
It is the recommendation of the Department of Planning Services' staff that
this case be closed.
The Weld County Health Department has approved a proposal which
demonstrates the capacity of the runoff containment pond to handle both the
twenty-five year, twenty-four hour storm plus the additional 99 ,330 cubic
feet of flow-through water from the livestock watering system and the
winter precipitation accumulation at the facility. The approval is subject
to 3 conditions.
The pond has been.constructed.
911_390
al i6. mfMORCII1DUM
'
WillieTo Keith Schuett. Planning Dept. pare November 19. 1991 // >�/
-COLORADO From Wes Potter. Director. Environmental Protection Servirk921 /de
/r"'_^f'
subw,: Disposal of Feedlot Runoff from Roggen Feedlot
The Staff has reviewed the proposal for the disposal of feedlot runoff effluent
and wastewater from the Roggen Feedlot Facility Special Use Permit 11208 owned by
Richard Hessee. The proposal provides documentation to demonstrate the capacity
of the runoff containment pond to handle moth the twenty-five year, twenty-four
hour design storm capacity plus the additional 99,330 cubic feet of flow through
water from the livestock watering system and the winter precipitation
accumulation at the facility. The proposal provides for the application of
liquid effluents unto approximately 20 acres owned by Mr. Hessee at the feedlot
site on the north side of the _county road adjacent to the office building. The
liquid effluent will be pumped from the containment pond during a fifteen day
disposal period at the rate of 161 gallons per minute and applied at the rate of
0.17 inches per acre per day. -Phis amounts to an application depth of 2.6 inches
of liquid applied over the entire twenty acre site in fifteen days.
The Division approves of the proposal as submitted with the following conditions:
1. The operator of the feedlot will demonstrate the availability of a pump
capable of moving water at a minimum of 161 gallons per minute. This pump
will be available to the feedlot at any time it is needed to move water
from the pond over to the application/disposal site. At no time during
the pumping of effluent, will wastewater be discharged in a manner which
facilitates a discharge of liquid waste flowing off from the property at
any point.
2. The operator of the facility shall assure that the holding pond has
sufficient capacity to hold in the runoff from a twenty-four hour, twenty-
:five year event at any time throughout the year. At no time will the pond
-be allowed to overflow and discharge offsite. At no time will the pond
have less than two feet of freeboard at any given time.
3. No waste water from the retention pond will be applied to saturated or
frozen ground at any time.
To accomplish the plan as proposed, the feedlot manager will be required to pay
particular attention to the level of water in the ponds at any given time and
assure that proper management techniques are being employed to reduce the
potential for violation of the Feedlot Runoff Containment Regulations. =t is the
position of the Weld County Health Department Staff that this plan is a workable
plan and we approve of it as stated.
{I c�I h.,.. 1 1991L
Word County Nannint
-n
!
DEPARTMENT OF HEALTH
( 1517- 16 AVENUE COURT_ 1(1 GREELEY. COLORADO 80631
ADMINISTRATION )3031 3530586
- � fl. HE-A LTH PROTECTION (303) 353-0635
� .‘:f�'. COMMUNITY HEALTH (303) 3530639
•
COLORADO
November 15, 1991
Michael C. Ketterling, P.E.
Norton, Underwood and Lamb, Incorporated
1020 28th Avenue — Suite 205
Greeley, Colorado 80631
Dear Sir:
The Staff has reviewed the proposal for the disposal of feedlot runoff effluent
and wastewater from the Roggen Feedlot Facility Special Use Permit #208 owned by
Richard Hessee. The proposal provides documentation to demonstrate the capacity
of the runoff containment pond to handle both the twenty-five year, twenty-four
hour design storm capacity plus the additional 99,330 cubic feet of flow-through
water from the livestock watering system and the winter precipitation
accumulation at the facility. The proposal provides for the application of
liquid effluents unto approximately 20 acres owned by Mr. Hessee at the feedlot
site on the north side of the county road adjacent to the office tuilding. The
liquid effluent will be pumped from the containment pond during a fifteen day
disposal period at the rate of 161 gallons per minute and applied at the rate of
9.17 inches per acre per day. This amounts to an application depth of 2.6 inches
-of liquid applied over the entire twenty acre site in fifteen days.
The Division approves of the proposal as submitted with the following conditions:
1. The operator of the feedlot will demonstrate the availability of a pump
capable of moving water at a minimum of 161 gallons per minute. This pump
will _be available to the feedlot at any time it is needed to move water
from the pond over to the application/disposal site. At no time during
the pumping of effluent, will wastewater be discharged in a manner which
facilitates a discharge of liquid waste flowing off from the property at
any point.
2. The operator of the facility shall assure that the holding pond has
-sufficient capacity to hold in the runoff from a twenty-Tour hour, twenty-
five year event at any time throughout the year. At no time -will the pond
be allowed to overflow and discharge offsite. At no time will the pond
have less than two feet of freeboard at any given time.
t�,^ a;-,
Michael C. Ketterling, P.E.
November 15, 1991
Page 2
3. No waste water from the retention pond will be applied to saturated or
frozen ground at any time.
To accomplish the plan as proposed, the feedlot manager will be required to pay
particular attention to the level -of water in the ponds at any given time and
assure that proper management techniques are being employed to reduce the
potential for violation of the Feedlet Runoff Containment Regulations. It is the
position of the Weld County Health Department Staff that this plan is a workable
plan and we approve of it as stated.
Thank you very much for your timely consideration and response. If you have
further questions or if we can be of further assistance, do not -hesitate to
contact this office at 353-0635.
Sincerel
Wes Potter, Director
Environmental Protection Services
WP/lf-B18
cc: Mr. Gary Dacus, Roggen -Feedlot
Michael E. Gurley, Grant McHendrie
J v
G
hNOV 1 8 1991
tUcld CO3tri Pinning
:f ,.
immoRtin
Lanell Swanson •
To .
� 1
COLORADO F,om- Wes Potter. Directo' . ,nvi t t protection
Subject: Roggen Feedlot
On this data the staff inspected the Roggen Feedlot, Special Use l'ermit #208
owned by Richard Hessee. The inspection was conducted to Evaluate all aspects
of the feedlot operation to assure compliance with-both the development standards
of the Special Use Permit and the Colorado Feedlot ilun-off Containment
Guidelines. The inspection revealed that the containment pond construction is
completed and the _pond is -constructed as required and lined as necessary. All
berms and ditches around the facility are in place. Thera is a large pump on the
location capable of pumping 161 gallons per minute or better. All construction
is completed.
At this time the -Staff finds the-Roggen Feedlot Facility Special Use Permit 41208
to be in compliance with the development standards of the Special Use Permit and
all aspects of the Feedlot Run-off Containment Guidelines. The Environmental
Protection Staff -recommends that the show cause action initiated by Weld County
against Roggen Feedlot, Incorporated be dropped since at this time the facility
is in compliance with regulations.
WP/1f-864
I:OV 2 1991
fir-na MEMORRI1DUM
Gordon Lacy, Chairman, Weld
To County Board of CnmmissionPrs oaae nrtnhps 16, 1991
-COLORADO From Wes Potter. Director. Environmental Protraction') I'M ()
submcc: ROCgen Feedlot Work Proposals/Cost Fstimate
As directed by the Board at the October 9th hearing, Roggen Feedlot has submitted
the following documents for review and evaluation by this Division.
1. A proposal from Larry Nelson Excavating for dirt work to accomplish the
-completion of the feedlot runoff containment pond. . . .$ 13,510.00.
2. A proposal from Ries Electric Incorporated to wire stock tank heaters at
the feedlot. This proposal estimates a cost of $14,654.00.
3. Two letters of credit from The First National Bank in Lamar issued to
Richard Hessey in care of Roggen Feedlot Inc. for the amount of $13,510.00
and $14,654.00.
4. A dust control plan for the feedlot.
Staff has evaluated the proposals for work and the letters of credit and find
- hem to be acceptable. The dust control plan appears to be sufficient to handle
dust problems at the lot and the Staff approves of the proposal as submitted.
Mr. Dacus, Manager of Roggen Feedlot, Inc. , has proposed a method to continue use
of the flow-through water system at the feedlot. This proposal includes
construction of a water infiltration system similar to a leach field to dispose
of the water that is wasted through the drains. The Staff finds this to be an
acceptable alternative to diverting water into the runoff containment pond.
Staff will work with Mr. Dacus to aid in designing an appropriate system and
insure that it is installed as required. This work can be accomplished in lieu
of the electrical work proposed by Ries Electric Incorporated and it is the
-estimate of the Staff that the cost will be substantially less than the
$14,654.00 as proposed for the electrical work. So long as Roggen Feedlot
agrees, in written form, to construct the water infiltration system for the
waters, Staff approves of this proposal.
WP/1f-648
JOHN N.DAHLE GRANT • McHENDRIE
MICHAEL W. CALLAHAN
J.ALBERT sEBALD A PROFESSIONAL CORPORATION CYNTHIA J.McLEAN
DONALD M.BURKHARDT MARK N.TSCHETTER
GAIL E.OPPENNEER ATTORNEYS AND COUNSELORS AT LAW
WILLIAM R.KELSO
DONALD B.GENTRY JEREMY P. COHEN
KEITH TEMPEL PAMELA C.BROWN
JAMES E.BROWN •SPECIAL COUNSEL
PATRICK A.GRANT PETER J. CROUSE
JULIA O.ROBINSON MICHAEL E.GURLEY
WALTER J.DOWNING ♦OF COUNSEL
JUDITH D.JUDD October 15, 1991 WILLIAM GRANT
DAVID S.HARMON DOUGLAS MCHENDRIE
♦CHARLES H.HAINES,JR.
II91�-1988)
Board of County Commissioners
Weld County Colorado
915 10th Street
Greeley, Colorado 80631
Re: Roggen Feed Lot, Inc.
Dear Commissioners:
At the October 9, 1991 Show Cause Hearing, you gave Roggen Feedlot Inc. (the
"feedlot") a one week extension to submit certain estimates, letters of credit and a dust
control plan. In effect, you conditionally granted the feedlot an extension to November
27, 1991 to implement the containment plan provided these documents were submitted
on October 16, 1991. Attached are the following original documents:
1. A written estimate from Ries Electric, Inc. in the amount of $14,654
for water heaters, ditching, new panel and wiring.
2. A written estimate from Larry Nelson Excavating in the amount of
$13,510 for excavation of 9,900 cubic yards of dirt, sloping the sides
of the pond to a 3:1 ratio and transport costs.
3. Two Irrevocable Letters of Credit from the First National Bank in
Lamar in the amounts of $14,654 and $13,510 as requested by the
Commissioners.
4. A Dust Control Plan setting forth how dust will be managed.
The proposed containment pond will have the capacity to hold two 25-year/24-
-hour storm events while still having the capacity to hold 58,344 cu.ft. of water. The
feedlot will continue to work with Wes Potter's office in determining which management
alternatives -are the most practical while ensuring compliance with all applicable state
and county regulations prior to -November 27, 1991.
Very trul yours, zi/
%/�/
./
Michael W. Callahan
MWC:sas
enclosures
ONE UNITED BANK CENTER ♦ 1700 LINCOLN STREET, SUITE 3000 ♦ DENVER,COLORADO 80203.4530
TELEPHONE (303)832-7200 ♦ TELEFAX 1303)830-2394
From : FI-RST NATIDNAL BANK PHONE No. : 336 2500 Oct. 15 1951 10:39AM P02
AL. FIRST tss1ATIONAL DAt-N1K i( ) LAAAr\R
,FNB
N41400 £o.mh Main . PT a.,v rise . i wmwr. fnln•wdn R1 0F4 • 71g/118.4251
Mr . AiChard Hes$ee
c/o MogAen feedlot, rnc.
35895 VCR 1_S
-Roggen, Colorado 8065-2
IRREVOCABLE _STANDBY LETTER AF CREDIT No. 11
Date: Actober 15, 1991 -Amount: 914, 654 . 00
Applicant: Richard Hesse. -Beneficiary: -Richard Hessee
Expiration Dates October 31, 1981
Gentlemen:
We hereby issue our irrevocable standby letter of credit
in laver of the above named beneficiary. Aeguests to draw on
this L/C will require written drafts presented to us by the
expiration date with the following documents :
Bills tend/or a letter documenting the funds are ler
payment an the purchase and installation of stock
tank heaters for Roggen Feedlot,Inc. in Weld County
Colorado .
First National _Sank shall not be in _any way responsible
for performance by any teneficiary of its obligations, nor for
17-he farm, saffielency, -correetneas, -genuineness, authority of
person signing, falsification or legal efitct of any document-6
called for Al such documents on their lace appear in order .
This L/C Is subject to the law and customs and practices
of the trails existing in the area where the beneficiary is
located, said 3,/C shall be subject to, the "Uniform Customs
and Practices for Documentary Credits ( 1983 -Revision) ,
International Chamber of -Commerce, Publication No. 40A" .
First/ National Bank in Lamar
_Clay Q. 4.thitham, President
From : FIRST NATIONAL -BANK PHONE No. : 719 X36 2500 Oct. 15 1991 10:-00AM P03
Als. FIR-ST NATIONAL BANK in LAMAR
`mpippr
� zan�...... rn..:.. r.... ........_.._ .......� - . ........� .ins i
Mr . Richard Hessee
c/a Roggen Feedlot, Inc.
X5893 WCR 18
Roggen, Colorado 80637.
IRREVOCABLE -IITANDBX LETTER _OF CREDIT -N9. 1D
Dates Dctober AS, 1991 Amount : $13, 510 . 0-0
Applicants Richard Hesse° Beneficiary: Richard Hessee
Expiration Date : November 27, 19x1
Gentlemen:
We -hereby issue our irrevocable standby letter of credit
in favor of the ebova -named beneficiary. Requeete is draw on
thi^ 1./C will require written drafts presented to us by the
expiretian -alit* with the following documents :
Bills and/or a letter documenting the fonds are for
payment en the e-xcavation :projeet fist the expansion
of ai waste water runoff lagoon #or Roggen Feedlot,
Inc. in Weld County Colorado.
First -National Bank shall not be In any -wey Atepone_ILle
for _performance by any teneflclary of its obligations, nor for
the form, sufficiency, xorrectneoe, xjenuinenasa, authority of
person sisming, talsiCic:atiun a.rL legal uL any .tussumunle
called for if such documents on thei-r face appear in order .
This L/C is subject to the law and customs end -practices
of the trade existing In the area where the beneficiary de
located, said L/C shall be subJ ect to, the "Uni. orm Customs
and -Practices For Documentary Credits ( 19-83 Revision) ,
International chamber -of commerce, publication No . 900" .
Fleet National Rank An Lamar
4-111,44edr—..
Clay 0. Whltham, Prestdent
LARRY NELSON
EXCAVATING
13761 ELMORE RD.
LONGMONT,COLORADO 80501
PHONE 776-0834
1 S 8(Th 1-dap 18
Ra , Co Mon ;11
LaA
Out. ..A42-1)
Qga0 0 ,6-fri G6AZf a `, 96 j-c t vtAa.
LS( OA Ceti)
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R ,._.. IE
ELECTRIC, INC.
P.O. Box 357
Keenesburg, CO 80643
(303) 659-4409 • (303) 732-4243
October 10, 1991
Rogen Feed Tot ltd.
35895 Weld Co. -Rd. 18
-Roggen CO 80652
ESTIMATE FOR WIRING OF STOCK TANK HEATERS.
This estimate is to install new 100 amp, single-phase panel
in metal building on south side of road and install under-
ground wiring for stock tank heater. This wiring is based
on stock tank heater no larger than 750 watt for each tank
heater.
Approximate total cost -$14,554.00
BREAKDOWN OF COST
New panel & wiring $ 9,154.-00
Ditching 3,000.00
Heater 2,400.00
$14,634.00
If you have any questions please call 659-4409 or 732-4243.
Thank ou
�,�vl'4 i
Sim -Ries, President
RIES ELECTRIC, INC.
ROGGEN FEED LOT, INC.
DUST CONTROL -PLAN
October 16, 1991
FOLLOWING is a list of measures which will be taken to reasonably control dust
within the facility as well as fugitive dust:
1. Customary cleaning of pens to keep loose dust-causing
materials to a minimum.
2. Periodic sprinkling of pens with sprinklers currently in
place to control dust as necessary. A rotational system
will be used to ensure water supply to livestock is not
affected. Adequate water supply is available for this
method.
3. A tank with spreader pipe will be used to apply
effluent from containment pond to feed alleys and
other areas on-site traveled by feed lot equipment.
'MESE practices will be applied as necessary to maintain dust levels at a
minimum.
ROGGEN FEED LOT, INC.
Gary Dacus, Manager
OCT-15-1991 14:39 FROM TO -2024214871048o P•Ot
GRANT ♦ isiCHENDRIE
PROFESSIONAL CORPORATION
One United Bank Center
1700 Lincoln Street,Suite 3000
Denver, Colorado 60203-1086
(303) 832-7200
(303) 830.2394/FAX
TAI u o ER EOVER SHEET
DATE: October 15, _1991
TO: ' Mr tta Morrison ;
Ms. Lanell Swanson
FAX NUMBER: 1 352-0242
FROM: Michael W. Callahan,Esq.
NO. OF PAGES: E5(inc.cover)
CLIENT NUMBER: 871-0.486 ROGGEN-C
PROBLEMS, CALL: Sherry Sbih, secretary
No-page letter to Mr. Wes Potter with attachments, dated
today from Michael Callahan, Esq.
PIegse copal --fhrs -transincs. soN and dstakt.
it 607% Lee-anCOM /erg giOnS 4
THE INFORMATION-CONTAINED IN TEIIS FACSIMILE MESSAGE IS ATTORNEY-PRIVILEGED AND CONFIDENTIAL
R ENTITY NAMED ABOVE. IF THE-READER OF THIS hO3SSAGE
ISSDED FORTHE USE NOT THE INTENDED O-RECIPIENT OR THE F THE INDIVIDUAL O�LOYEE OR AGENT RESPONSIBLE TO DELIVER rr THE
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THIS FAX IS STRICTLY-PROHIBITED. IF YOU HAVE RECEIVED THIS MIN ERROR, PIRASE IMMEDIATELY
NOTIFY US BY-TELEPHONE,AND-RE=TURN THE ORIGINAL MESSAGE TO US-AT THE-ABOVE ADDRESS VIA THE
U.S.POSTAL SERVICE
OCT 15 ' 91 14 : 31 PAGE . 001
n
OCT-15-1991 14:55 FROM TO L.3520242 P.01
GRANT A 1cHENDRIE a
cALLANAN
JwW t SEBADAHLs
suLESN
j, DUR HHHALD A PROFESSIONAL_CORPORATION Malt N.=NEYTER
DONALD a.OrrENNEEX M4S1A1M L R4LSO
mAiL DONALD
D.GENTRY
A1'TOItNS�`S n>rrb COUNSELORS AT LAW pawn P.CONAN
DONNA KEITH TOWEL Pte'•C.11ItOw'N
SETBWEL •snout.COVNtaL �
JAMES E.ExOM'N x3 CIOUSO
AMOK A.GIANTINSON MICHAEL L CURLEY
JULIA .1xOHWSON •W couNsxL
WALYBH J.HDowN1770MD wILLIAM OWN'
JUDITH D. NION DOUGLAS swH NDRE
pAVm S.HNG/ON •avian 1t HAMS.JH.
Da,fMal
October 13, 1991
VIA FAX
Wes Potter, Director
Environmental Protection_Services
Weld County Department of-Health
1517 16th Avenue Court
Greeley, Colorado 80631
Re: Roggen Feed Lot, Inc.
Dear Mr.potter. •
This confirms OUT recent conversations with regards to the containment plan for
Roggen Feed Lot, Inc. (the "feedlot"). On October 9, 1991, the Commissioners for Weld
County_gave the feedlot a one-week_eatension to submit e dust abatement plan, written
estimates for excavation, sloping and water heaters as well as certain letters -of credit
corresponding to such estimates. The_Commissioners, in-effect, conditionally granted the
feedlot-an extension-to Nov_ember 27, 1991 to implement she containment plan-provided
these documents were submitted on October 16, 1991.
You stated at the October 9, 1991 heating that she feedlot had previously
submitted a containment plan which had been approved by your office. On October 10,
It, 1991, you agreed that she feedlot could use Abe-flow-through system and soot be
required so put in water beaters. Y_ou also aclosowledged that she decision wo-put n
water heaters was one for management end shat your position-was strictly
to Abe
containment plan feasibility.
You further agreed to-recommend approval of the feedlot's modified containment
• plan which didnot have water beaters and provided us with numerous options to use in
lieu of water_heaters. These included_diverting water into a leach Meld, recirculating,
diverting water _onto property or-breaking ice in the tanks in the event � decision to
change from a flow through System was made-by management.
The feedlot hereby agrees that the flow-through waters will not be used in such
a fashion that they will flow into the containment pond so as to impair or unlawfully
affect the 25-year/24-hour state law requirement. The feedlot will continue to work
with your_office to insure allstate and cotmty7egulations with respectto she containment
ONE UNITED BANK CENTER ♦ 1700 LINCOL-N STREET.St.= 3000 A, DENVER.COLORADO SO2034330
TELEPHONE D03)832.7200 a 'TELEFAX D021830-2394
TOTAL IR.01
OCT IS ' 91 14: 47 PAGE. 001
OCT-15-1991 14:40 FROM "520e42467104Sr F.02
•
Wes Potter, Director
October 15, 1991
Page 2
pond are satisfied prior to November 27, 1991. The feedlot is in the process of
determining which management alternatives are the most_practical.
Even though you have agreed that the feedlot should not be required to put in
the water heaters, the feedlot will provide the Commissioners with the following
documents on October 16, 1991:
1. A written estimate from aim Electric,Ina in the amount of 514,654
for water heaters, ditching, new panel and wiring.
2. A written estimate from Larry Nelson Excavating in the amount of
513,510 for excavation bf 9, 00 cubic yards of dirt, sloping the aides
of the pond to a3:1 ratio and transport cosu.
3. Two Irrevocable Letters of Credit from the Tirst National Bank in
Lamar in the amounts of 514,634 and S13.510 as requested by the
Commissioners.
4. A Dust Control Plan setting forth how dust will be managed.
Enclosed are copies of the above listed documents. As you know, the estimate
from Ries Electric, Inc. and the $14,654 Letter of Credit are being submittedsolely to
satisfy the terms of the conditional extension _given by the Commissioners. ivly
conversations with Lee Morrison and yourself indicated that obtaining these documents
was necessary in order to satisfy the specific terms_of the Commissioners resolution and
evidence the feedlot's_good faith. These documents will have no further purpose in light
of the fact that the water heaters will not be part of the modified containment plan.
Very truly yours,
Michael W. C_allaban
MWC:sas
cc(via fax): Mr. Lee Morrison (w/enels)
Ms. Lanell Swanson (w/ends)
Gary Dacus, Manager (w/encls) •
Jr
OCT 15 ' 91 14: 32 PAGE . 002
j�,4 47-rk,•:^
MEMORAMUM
Lanell Swanson
Illik To Ptann;ng n�narrmentat A
COLORADO From Wes Potter. Director. - . �i ntal Protection -Service-a
Sahjaet: Status of Roggen Feedlot SUP-208 Richard Hessee
This memo will serve to provide documentation as to the status of the Roggen
Feedlot as of October 8, 1991. To this _date, the Roggen-Feedlot has accomplished
the following:
A. Submitted a plan for the Feedlot Run-Off Containment Facility. The plan
has been reviewed and approved by Environmental _Protection Staff.
B. Construction has been ongoing for the last 30 days and the facility is
partially constructed. The berms on either side of the pond are
constructed and a large amount of the drainage configuration has been
completed.
C. Construction of the pond has been ongoing for approximately 10 days.
Construction of the pond has not been completed as of this date.
D. The monitoring well has been drilled and installed according to county
specifications in the location approved by the Environmental _Protection
Division. The operator of the feedlot has arranged for sampling of the
groundwater table at that location in the near future.
E. The operator of the facility has agreed not to utilize the thru-flow
watering system as it presently exists at the facility. The water tanks
in each -pen will be protected by electrical heating units placed in each
tank.
F. The operator of the facility has presented the staff with a request for a
60 flay extension of time to permit completion of the project at the
feedlot. Staff has reviewed this proposal and has no objections to
granting the 60 day extension. Staff recommends that the November 27th
completion date to a final date for completion and that no further
extensions of time _be extended.
The new manager of the facility, Gary Dacus, has demonstrated a willingness to
comply with the requirements of the county and to construct the facility as
approved by the Department. While earlier management has not been conscientious
in initiating construction as required, Mr. _Dacus has demonstrated a strong
willingness to comply and the Staff supports this effort.
WP/lf-591
CT:
P. O. Box 25
Roggen , CO 80652
September 24 , 1991
Weld County Commissioners
915 10th Street
Greeley , CO 8O534
Dear Commissioners:
I em writing this letter to request a 60-day extension
of the time permitted for Roggen Feed Lot, Inc . , to complete
expansion and modification of the current runoff containment
at our facility.
After reviewing with Mr . Wes Potter and Ms. Lynell
Swanson the changes necessary to bring the yard into com-
pliance, it is evident that the project cannot be completed
by September 27 , 1991 , elthough efforts are ongoing .
I have been hired by the present ownership to manage
this feedyard. With 12 years experience in feedlot
management, I have the utmost confidence that this can be
done in a manner that is compatible with the other agri-
businesses in the area and can, infact, be managed in such
a way so as to be viewed as an asset rather than a detri-
ment.
Although I have come to understand that past manage-
ment' s relationthip with the commission anc the surrounding
neighbors has been less than amicable, I can assure you
that my posture will be one of cooperation.
Since accepting responsibility for management of this
facility on September -5 , 1991 , progress has been made pur-
suant -to requirements for compliance for containment facili-
ties. A monitoring well was installed September 18, 1991 ,
by R&R Well Service of Greeley , CO, according to specifica-
tions from Mr . Potter. Prior to my arrival , ditches and
berms were constructed directing runoff into the existing
pond. The pond is in the process of being drained now and
will be finished prior to the September 27 , 1991 , deadline.
Weld County Commissioners
Page 2
September 24, 1991
In addition, I have been in contact with Larry Nelson
Excavating of Longmont, CO, who has agreed to help in
modifying the slope of the inner walls to a 3: 1 ratio per
Mr. Potter and expanding the capacity of the pond to approx-
imately 605 ,000 cubic feet. This increase will be 69 , 500
cubic feet more than is required by the guidelines. We will
participate in the expansion process with our own labor and
aqu 1 Amen i.. AS the expansion pray ressss , clay iaiate r .l
existing in the current subsoil will be used to properly
line the pond. I have enclosed a copy of the log compiled
during the drilling of the monitoring well , showing that
there is sufficient clay material in the subsoil to provide
acceptable lining for the pond .
In order to verify that our containment facility is not
damaging the water supply , Mr . Potter' s office will be con-
tracted to handle periodic testing of the monitoring well .
Current ownership has been advised of the costs
involved and has agreed to expend such resources to complete
the project. They have also shown a commitment in providing
management that is dedicated to the responsibilities of
maintaining a clean and efficient business. With this in
mind , I would ask that you accept my proposal to extend the
deadline for completion of the project to November 27 , 1991 .
Sincerely ,
• I-
G ry cus, "Manage
Roggen Feed Lot, Inc.
Enclosure
GD/clm
(741 -2 , .
F
J1/Lzen, el . edaturaz2n/ ` rnT - n -./1
ATTORNEY AT LAW
f L • `ALAN G. HILL
813 MAIN STREET
P.O. BOX 850 t(' t1:.. JhV J.BARTLETT
LOUISVILLE.COLORADO 80027 Aesocietee
TELEPHONE(303)666-4060
TELEFAX(303)666-4426
October 4, 1991
Weld County Commissioners
915 10th Street
Greeley, CO 80631
Re: Docket No. 90-54, Shaw Cause Revocation of Special Use
Permit No. 208, Richard Hesse
Dear Commissioners:
This office represents the Shoeneman 5M Ranch, Inc. , an
immediate neighbor of the referenced project. We have appeared
before you several times with respect to this _natter.
The above-referenced action has been set for October 9, 1991
in order to consider a revocation of the special use permit
issued for the Roggen Feedlot. Contrary to your resolution of
March 27, 1991, Mr. Hesse did not substantially comply with your
requirements, even within the six month period which you gave him
for compliance. The present action stems from a show cause order
issued in August of last year and since that time both the county
staff and the operator himself have acknowledged that the project
has been out of compliance.
In your resolution of March 27 , 1991, you authorized a 180
day period in which the feedlot must be brought into compliance.
The neighboring landowners all argued for a shorter period based
upon the checkered history of the feedlot and the r-atune of the
required remedial actions. Activities on the feedlot property
directed at compliance did not begin until a few weeks ago, and
apparently were initiated too late for the project to be brought
into compliance by your deadline.
Your March 27 resolution stated that on or before
September 27 , 1991, the project shall be brought "into full
compliance with SUP No. 208 or the permit shall be revoked" . My
clients request that you enforce your order and revoke the
permit. There is ample evidence that the feedlot has been a
continuing problem for many years. Failing that, they would ask
that any extended compliance period be very short, preferably 30
days or less. With appropriate diligence, all of the remaining
work should be easily completed within that time period.
Weld County Commissioners
October 4 , 1991
Page 2
Furthermore, a short compliance period will avoid the winter
weather, which could cause further delays.
1C1 y s,
Stephen T. Williamson��
STW/rla
cc: Weld County Department of Health
Weld County Planning Board
County Attorney
Joel Shoeneman
CA as
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36296 WCR IS
ROGGEN, COLORADO 80652
(303) 849-5328
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5.7-71-e a-t Czy
Sept 25, 1991
Roggen, CO
Crtter in opposition to the Roggen Feedlot permit 0208
1) The feedlot has, had numerous opportunities to get in compliance, but has
not.
2) The corrmi osioners gave d deadline. Why are they going-back on their
own ruling?
') If the necessary work can be lone in a f-ew 'yveek_, why hasn't it been
done during the allotted time?
4) This issue should be settled and not drug out any longer due to the
stress, expense: and burden upon t h-e families i n./ol v_ed.
5) Llrl=._ontrolled fliBs, Y%,�eds, and mosoitoes have been a summer problem.
This is a health hazard to the almmuni ty.
Your_ Trul4.
jia-vittfl
_lames and Martha k:laoner
z3‘,.2.2 w c te 79
eoci6E,vf l 0
$D651--
Lauri Klausner
7501 weR 77
Roggen, CO 00652
Re: Action of Board to Show Cause Hearing to Consider
Revocation of SUP #208 - Richard Hessee
To the Board of County Commissioners of Weld Countys
I, Lauri Klausner, a concerned neighbor against the
Roggen Feedlot expansion, had attended three commission
hearings and left with the understanding that Hessee had
certain conditions to be met inwhich his property
must be in full compliance with SUP #208 or the permit
would be denied.
Hessee has admitted that the work hasn't been csampleted
whereupon, the permit must be denied: This feedlot is
permitted -for 3600 head and to anyone else who wants to own
this feedlot must be made to realize that further expansion
proposals to this piece of eeal estate, to wit: Part of the
NE/4 of Section 25, Township 2 North, mange 63 West of the
6th P.M. , field County, Colorado will be denied:
The ,,ermit must be denied once and for all and the
unpermitted pens be taken out:
Sincerely,
n 7tjkliatiV
Lauri Klausner
?5 O/ wG1e_ w c2 77
ROG('FA)
? O6,S Z
C.1,1 ��-
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',Vela County hoard of County Co iimission: rs
Sirs :
In rep and to the ' Aoggeu Feedlot ' spacial
Permit : up # 2.08. Ifter having mix months of
time to Grin& this feedlot 4) to compliance .
e feel it should not ce gives more time as
they will not finish in the next time limit
either.
We are person living, close to the feedlot
to know what goes on there .
The last meeting: we hau with the bo_tra tney
said it would have tc oe finish in this set
time oft, ue dosed .
Thank You
•1r. & Nrs . Gerald Si;gg
7224 iti.C.Rd .77
Roggen, Co . 80652
7;7 t W MA-a- /St za k�.
2F_ T0 EFOr1 BPI ,: i1ES T F'. 09'1
Post-k"brand fax transmittal memo 7671 n ar mem e
Te' From
ct
Co. / Co.
m Ala tiGA
Dept. hone/ 7Y.
Y 9 "
9
Fa N f r.. . —9 `-C Fax a
a
September 1991
Weld County Commissioners
Greeley, Colorado
Dear Commissioners ,
In regard to the Hesse feed lot south of Roggen, Z think that it
is now time to enforce the resolution of March 27 , 1991 .
There have been several extensions in the past and the lot is
still not in compliance. The September 27 , 1991 should be
honored.
Thank you for your effort and consideration.
Sincerely,
Christine A. Bell
5M Corporation. Landowner
.91.1.79n
Sept 25 1991
Roggen, CO
Letter in Dpoosition to the Roggen Feedlot permit. s208
1.) The feedlot has had numerous opportunities to get in compliance, but has
not.
The commissioners gave a deadline. Why are they going back on their
own rifling`'
3) If the necessary Mirk can be dine in a few weeks, why hasn't it been
done during the allotted time?
4 This issue should be settled and not drug out any longer due to the
stress, expense, and burden upon the families involved.
5; Uncontrolled flies, weeds, and mosquitoes have ben a summer problem.
This is a health hazard to the community:
Yours Truly,
f12-61-4t .7Cetz4Dg
/V
Bruce and Debbie Klausner
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Septel,,.per n6 , 1991
Dear Commissioners
I oppose the e tent=on and the: up coming Hearing as
follows :
1 . Past history of extentions and yet another a :onths and no
co:npliance to your Resolutions should be enough to revoke the
permit .
2 . Resolutions and regulations are written for a our?.ose , rher. -
fore their continual abuse should not be allowed.
3 . Sand Creek is adjacent ''pie f .rd lot . It flows water all
summer lona . It also averages one flood a year . The feed lot
actually sets on the underground mainstrear. This contributes
cor.ta ination to be in excess . Deep wells are reauired as far as;
Rogge n .
.
4 . This makes for a long term situation not a short O1-,& .
5 . The location of the feed lot is wrong since it is contrary
to the health regulations as written .
This project has been given it ' s due proce ss and time . So
we ask that you abide by the Resolutions as written.
VCSincerely
el44ic, " -"6-%--
M.A. Sh ene_ an
5M corporation
-
• 'A �? 5 M SHOENEMAN
I ��.� ��;_ CHAROLAIS
.., ''.r�y. JOEL & LINDA SHOENEMAN
�� 8672 Weld County Road 73
Roggen, Colorado 80652
( (303) 849-5259
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September 26 , 1991
Dear Commissioners ,
I oppose another extention to Mr. Hessi on the feed lot .
He has had a long list of extentions , and ample time to
comply with these Resolutions . The reasons for compliance
have been stated clearly before you in several hearings . He
has yet to comply and will probably continue to ask for morn
extentions . His lack of compliance shows his intent .
Resolutions are written for the protection of everyone. His
time is up, and so the Resolutions must come into affect . His
permit can not be extended.
�Sinca_eiy
//�u c•lace,//Ski
Michelle Miller
5m Corporaticn
Os-4 ... '
CERTIFICATE OF MAILING
The undersigned hereby -certifies that a true and correct copy of the foregoing
Notice of Hearing, -Docket X191-54, was placed in the United States mail, postage
prepaid, addressed to the following property owners.
416(
DATED this p�� day of 4,34- ivit ) , X1/991.
\off) 6-
/L novL_ )
Deputy C eto tue Board
SCHOENEMAN FIVE M RANCH, INC.
_P.O. BOX 2582
LYONS, CO 80540
MARIE T. BUCHOLZ
7640 WELD COUNTY ROAD 73
ROGGEN, CO 80652
RAYMOND R. KAUFFMAN
JULIUS A. PLUSS
7532 WELD COUNTY ROAD 65
KEENESBURG, CO 80643
c:3i ._ ...,,- ..,.
-P 387 472 69_3 P 387 47x' 692
RECEIPT FOR CERTIFIED MAIL RECEIPT FDR CERTIFIED MAIL
NO NOT FOR
IN COVERAGE L MAIOEp NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL
ROGGEN FEEDLOT (HESSEE) MICHAEL -W. CALLAHAN
C/0 GARY DA-CUS, MANA-GER ONE UNITED BANK CENTER
-35895 WELD -COUNTY ROAD 18 1700 LINCOLN STREET
ROGGEN, CO 80652 -SUITE 3000
DENVER, CO 80203-1086
° Postage S ° -Postage - S
Certified Fee
Certified Fee
Special Delivery Fee Special Delivery Fee
Restricted Delivery-Fee Restricted-Delivery Fee
Return Receipt showing
to whom and Date Delivered Return Receipt showing
into whom and Date Delivered
in
CO
ch Return Receipt showing to whom. OD
-0,, Return Receipt Oate.and Address'of Delivery p showing to whom.
• Date.and Address of Delivery
3 TOTAL Postage and Fees S r
q TOTAL Postage and Fees S
Postmark or Date g Postmark or Date
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Acticr, mEmoRrinDUm
Wilk Board of County
To Commissioners Date September 17 , 19'91
COLORADO From _Lee D. Morrison, Assistant Weld County Attorney
sub;ect Roggen Feedlot
The Roggen Feedlot has a few more weeks in which to attempt to come
into compliance with their existing Special Use Permit. It is my
understanding that work in currently being conducted but their
attorney has indicated to me that he would have to admit that they
have not completed the work and -had mot really etarted until
recently. Under the circumstances, 1 would suggest that your Board
consider setting a hearing Late to 'determine whether, in fact, they
have failed to come into compliance following the final deadline.
The operator could, at that time, request any additional time.
s
)
Lee D. Morrison
Assistant Weld County Attorney
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