HomeMy WebLinkAbout910210.tiff RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SUP #208 -
RICHARD HESSEE
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 August 29, 1990, a hearing was held to show cause for revocation of
Special Use Permit No. 208, held by Richard Hessee, which was continued to November
7, 1990, then to December 12, 1990, then to March 13, 1991, then to March 13, 1991,
and then to March 27, 1991, on the following described real estate, to wit:
Part of the NE/4 of Section 25, Township 2 North,
Range 63 West of the 6th P.M. , Weld County, Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present and studied the recommendation of the Weld County
Planning staff and the Health Department staff, and
WHEREAS, the Board did find Richard Hessee to be in violation of Condition of
Approval #3 in SUP 11208, and
WHEREAS, the Board accepted a Proposal from Michael W. Callahan, Attorney
representing Mr. Hessee, containing certain Conditions to be met within six months
to remedy said violation, a copy of said Proposal being attached hereto and
incorporated herein by reference, and
WHEREAS, having been fully informed, the Board deems it advisable to authorize
the Planning staff and Health Department staff to monitor said property for
compliance with said Proposal.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Planning staff and Health Department staff be, and hereby
are, authorized to proceed with monitoring of property owned by Richard Hessee for
compliance of said property with the abovementioned Proposal.
BE IT FURTHER RESOLVED by the Board that Mr. Hessee has thirty days to complete
berms and ditches, six months to complete a monitoring well and to reline and expand
the existing pond, and three months to meet all other Conditions of said Proposal to
bring said property into full compliance with SUP 11208 or the Permit shall be
revoked.
PL0749
910210
PI-0149
/
Page 2
RE: 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 March, A.D. , 1991.
O // BOARD OF COUNTY COMMISSIONERS
ATTEST: `//, .` WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED DATE OF SIGNING - (AYE)
/� �
/, �
Gordon E. Lacy, Chairman
��By: dice � P L �
Deputy rk to the Board Geo ge Kenn y, Pro-Tem AffiZZZ7—
APPROVED AS TO FORM: vim`
Constance L. ar e t
County Attorney C. W. Kirby
ABSTAINED
W. H. Webster
910210
HEARING CERTIFICATION
DOCKET N0. 90-31
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT #208
- RICHARD HESSEE
A public hearing was conducted on March 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
Commissioner C. W. Kirby
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Lanell Swanson
Health Department representative, Wes Potter
The following business was transacted:
I fiereby certify that pursuant to a notice dated July 11, 1990, and duly
published August 16, 1990, in The New News, a public hearing, continued
from March 13, 1991, was conducted to consider the revocation of Special
Use Permit 11208, issued to Richard Hessee. Lee Morrison, Assistant County
-Attorney, made this matter of record. Commissioner Webster said he will
sabstain from said hearing due to a possible conflict of interest. Mr.
Morrison read a Proposal submitted by Michael Callahan, Attorney
representing Richard Hessee, into the record. Wes Potter, representing
-the Health Department, said he agrees the Proposal will bring the facility
into compliance and stated his reasons. Chairman Lacy questioned the
number of head of cattle allowed on property owned by Mr. Hessee. Lanell
Swanson, Planning Department representative, said 3600 head is the
maximum. -In response to a question from Commissioner Kennedy, Mr. Potter
said all run-off will be contained on Mr. Hessee's property. Commissioner
Kirby questioned whether six months is necessary for compliance with said
Proposal. Mr. Potter said some conditions of the Proposal could be met
sooner, but summer heat would be needed for compliance of others. Mr.
Callahan explained why Mr. Hessee is not in compliance at the present time
and answered questions of the Board. He agreed that some conditions could
be met in less time than six months. Steve Williamson, Attorney
representing the Shoeneman family and the 5M Ranch, -commented on the time
allowed for compliance of said Proposal and the non-conforming pens stated
in Condition of Approval 113. Linda Shoeneman, Jeannie Benson, and Gerald
Sigg questioned the monitoring of the site and the Proposal. Ms. Swanson
said monitoring would be done concerning the number of head on the site.
Commissioner Kirby asked if the original pens are adequate for 3600 head.
Mr. Potter said he thought that would be too small of an area for 3600
head. Mr. Callahan said Mr. Hessee would not try to put 3600 head in the
original pens. He also stated that the non-conforming pens are not an
issue as long as the head count does not exceed 3600, and he commented on
the containment plan. Mr. Potter said the existing pond may need to be
Expanded, and time will need to be allowed for installation of a liner.
Mr. Potter, in response to a question from Commissioner Harbert, said the
number of cattle on the site is normal compared to other sites in Weld
County. Commissioner Harbert questioned whether the issue is the
violation of the non-conforming pens or an Amended Permit. Mr. Morrison
Explained that the Board would have to decide if there is substantial
change or not, since the testimony has combined different issues, and to
what extent the variance increases the non-conformity. He recommended the
Board accept the Proposal and, if the conditions are met within six
months, to consider the change not substantial. Commissioner Kirby asked
Mr. Callahan if he would have a problem with assisting in a physical head
count. Mr. Callahan said that would not be a problem. Mr. Potter
910210
Page 2
RE: HEARING CERTIFICATION - HESSEE
recommended using flight photographs for getting the count. In response
to a question from Chairman Lacy, Mr. Potter said annual testing of the
groundwater would be done. There was further discussion concerning an
.approximate 12% enlargement of the containment pond, as -well as the time
needed for installation of a lining in said pond. (Tape 91-07) Marie
-Buchholz asked where the holding pond is to be located, and Joel Shoeneman
-questioned the site of the monitoring well. On the plat map, Mr. Potter
located the existing pens, the existing pond and where it is to be
expanded to, berms, ditches, and the monitoring well. Commissioner Kirby
moved to find Mr. Hessee in violation of SUP 11208, Condition of Approval
113, which is to be remedied by accepting said Proposal. The applicant
will reimburse the County for cost of monitoring; the berm and ditches are
to be completed within 30 days; the monitoring well, and expansion and
lining of the pond are to be completed within 6 months; and all other
-conditions are to be completed within three months. Commissioner Harbert
questioned whether the number of head allowed should be clarified in the
motion. Commissioner Kirby amended his motion to include the expansion of
the pens would be acceptable if the number of head does not exceed 3600.
The motion was seconded by Commissioner Harbert. -Commissioner Kennedy
suggested amending the motion to include if the dates set are not complied
with, the Permit shall be revoked. Commissioners Kirby and Harbert agreed
to this amendment. The motion carried by a vote of four to zero, with
Commissioner Webster abstaining.
This Certification was approved on the 1st day of April, 1991.
Gwi< APPROVED:
ATTEST: hylailile BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the -Board
By. �/ �i L ‘7)�"J 1 GordonDATE OF APPROVAL
/�CX /� ordon E. Lacy, Chairman
Deputy Clerk to the -Board
ge Ke edy, Pro-1 em
TAPE 1191-06 & 91-07
Constance L. /Harbert
DOCKET 1190-31 L /
C. W.,Kirby
yy PLO749
W. H. Webster
910210
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS o{ :741 DAY OF m(21)._(1_A , 1990.
DOCKET # qQ- 3 1 Shot() - L\ftAllo .2_
DOCKET #
DOCKET #
DOCKET #
DOCKET #
PLEASE write or print your name legibly, your address and the DOC # (as listed
above) or the name of the applicant of the hearing you are attending. .
NAME ADDRESS HEARING ATTENDING
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910210
i
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the
Board of County Commissioners of Weld County, Colorado, Weld County
Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the
time specified. All persons in any manner interested in the matter are
requested to attend and may be heard.
Should 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 shall be
advised in writing of such action at least five 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 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.
DOCKET N0. 90-31 Richard Hessee
35895 Weld County Road 18
Roggen, Colorado 80652
DATE: August 29, 1990
Continued to March 27, 1991
TIME: 10:00 A.M.
REQUEST: Hearing to SHOW CAUSE for revocation of Special Use Permit 4208,
issued to Richard Hessee
LEGAL DESCRIPTION: Part of the NE/4 of Section 25, Township 2 North,
Range 63 West of the 6th P.M. , Weld County, Colorado
ISSUES: 1. Whether or not the uses currently conducted on the
site are in violation of Condition of Approval 43,
which states that when said calf feedlot operation
facility is completed, same shall be limited to pen
size as indicated on plans as submitted.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly Miller, Deputy
DATED: July 11, 1990
PUBLISHED: August 16, 1990, in The New News
910210
n. n'7 n7
• Lif •n
33245 .R. 16
t" Keene g, CO 80643
March 1991
Mrs. Connie H -rt
Weld County C 'ssioners
915 10th
Greeley, Colo • 80631
Dear Mrs. Harr ,
As your , March 27 is the hearing on expansion
of the Roggen -dlot- We would like to voice
one more time concern
The firs. d foremost consideration in t matter
should be the edom from pollution of our gr water and
croplands. O 'ater is our most precious co ty. Most
of the reside 1 and irrigation surface wel re 60-80
feet deep and refore very susceptible to po ion.
The near neighbor to this feedlot is M Marie
Buchholtz. T. ffluent overflow from this fe t has
ruined several res of her farm for productio grazing.
We feel that t present operation should be c ed up and
mechanical pro ions be made to eliminate the and
pollution and 11. We ask that there is curt ment of any
further plans expansion. She is only one 1 against
corporate none - d 12,400 cattle.
It is our .erstanding that the Hesse ope ion is also
utilizing the . fman feedlot west of Prospect ley on
State Hwy 52, would ask that you have an in h study
done there as hat anti pollution standards being met
by this operate
The feedle as started on a small basis a as well
maintained for :rs as a family business witho omplaint.
The past year -r new ownership it has been p y
maintained, an• . consider any expansion is di ssing.
The stench mak: t very unpleasant to work or
outside. We'v: ad copies of letters to the c ssi me
oners
and find that . majority of the corrospondenc favor of
the feedlot is from local people, The Gree National
Bank, Kula Gra' Marquardt Erker, etc. are not
neighbors. Th- re only financial concerns th ay this
could be a via. endeavor. Their interest is ly
financial- If succeeds they don't care. If doesn't
succeed they wi continue to prosper. They do care.
Theyare not a rt of our neighborhood. We c honestly
believe anyone s to live next door to a cess 1.
S�.�d'�-"" el
.L f J i-c _-e Z
_ Steve & ie Benson 913210
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GRANT, MCHENDRIE, MATNES AND CROUSE
PROPEssIONAL CORPORATION
-ATTORNEYS AND COUNSELORS AT LAW
WILLIAM GRANT MICHAEL W. CALLAHAN
PETER J. CROUSE ONE UNITED RANK CENTER CYNTHIA J, MCLCAN
JOHN N, DAHLE 1700 LINCOLN STREET, SUITE 3000 MARK N.7SCHETTER
J. ALBERT 9EBALD WILLIAM
DONALD M. eG anwwa OT DENVER,COLORADO 60203-1086 R. KELSO
JEREMY R COHEN
SAIL E.OPPENNEER TELEPHONE (303) 032-7200 PAMELA C. BROWN
bONALO O. GENTRY
KEITH T[MPEL -l'ELECOPI ER (303) 830-2324 or CeuRscL
JAMC9 C. BROWN
DOUGLAS. MOHCNORIC
PATRICK A.ORANT
JULIA O. ROBINSON CHAR LC9 M.MwINE5.JR.
WALTER A GOWNING (1011�IOee)
MICHAEL 9, ',ENRICH
JUDITH( O. JUDD
DAVID Z. HARMON
March 26, 1991
VIA, FAX
Wes Potter, Director
Environmental Protection Services
Weld County Department of Health
1517 16th Avenue Court
Greeley, Colorado 80631
Re: Roggen Feedlot
Show Cause Hearing
Dear Mr, Potter:
Pursuant to our conversation and agreement of this date, the following proposal
will be submitted for consideration by the Weld County Board of County Commissioners
on March 27, 1991 at 10:00 a.m. I will request Mr. Morrison to read this proposal to
the commissioners in order to possibly alleviate the need for public comment:
1. This clatter comes before the Board of County Commissioners on
a show cause order issued to Mr. Thompson, Mr. Hessee's predecessor in interest, for
the construction of four additional pens. There was also evidence submitted reflecting
that the existing containment pond had overflowed onto adjacent property subsequent to
the issuance of the original show cause order.
2. The Environmental Protection Service recommends Roggen Feed Lot
be permitted to continue its current operations, with all existing facilities, based on the
following conditions.
a- Roggen Feedlot will be given a six-month probationary period
to submit documentation demonstrating the existing pond has the
capacity to handle a 25 year/24 hour flood event.
b. Roggen Feedlot must also submit documentation within this
six-month period which demonstrates that the existing pond is
properly lined or ensure said liner is in place within such period.
MAR 26 191 16: 47 .qg PR6E . 002
'9114 21q-0
Esc hi 104
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1551 1£: 70 1=0-42 P,n,
Wes Potter, Director
March 26, 1991
Page 2
x. Roggen Feedlot will also construct sufficient burms and ditches
during this six-month period to ensure that the runoff flows into the existing pond.
d. Roggen Feedlot must also submit and obtain an approved
Feedlot Containment Plan within this probationary period.
3. While not required by the Environmental Protection Service, Roggen
Feedlot further agrees to install down slope monitoring well, within this probationary
period to evidence its intention to protect the health and welfare of the feedlots
neighbors.
4. Roggen Feedlot further agrees that there will be no further off-
sight runoff of the containment water, no significant deterioration of existing water quality
and no other foreseeable negative environmental impacts.
S. The Environmental Protection Service has confirmed that Roggen
-Feedlot owns sufficient property adjacent to the existing operation to safely dispose of
all water. This water will be used for dust control as well as being pumped on the
adjacent property for irrigation and displacement.
WHEREFORE, Roggen Feedlot and the Environmental Protection Service
for Weld County request Mr. Hessee be given a six-month period to complete the
foregoing.
Please contact me immediately if this letter does not accurately reflect our
-discussion. I sincerely appreciate your assistance in this regard and look forward to
working with you in the. future.
Very truly yours,
GRANT, McHENDR1E, HAINES & CROUSE,
Professional Corporation
(6-77.
Michael W. Callahan
M W C:sah
cc: Mr. Lee Morrison (via fax)
Ms. Lanell Swanson (via fax)
TOTAL P.03
P'i,GR 26 ' 91 16: 47 l'AGE . 0q03
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RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED _on.coo..noa AT mm a uAI
RICHARD HESSEE
35895 WELD COUNTY ROAD 18 . .
ROGGEN, CO 80652
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03/13/91 09:45 '5'303 83P 2394 GRANT MCHENDRIE
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GRANT, MGHENDRIE, HAiNCS AND CROUSE
♦ROIL ODiONAI OOR PORAIION
AND COUNSELORS AT LAW N1�RwcL W. cnLLnN
ATTORNEYS z.T NT NIA�. MC L
WILLIAM VRnNT ONE UNITED BANK CENTER NARK N. ,LMelon+R
uER J. DCHLE 1700 LINCOLN STREET. SUITE 3000 NARK N. IS IALlI
aOJ-IPS6 JLN c-RI n. coHCN
JonN N. DnR LC DENVER.COLORADO BO RAM UA c, wLOwN
J. ALocvT 03) 032 7200
DONALD N. DUR,aHwnar TELEPHONE (3 D. cou..Pu
D O . CNN RY OPIER (303) 830-2391 DOUGLAS t. 6NORIE
DEANDONALD B.OGNT RY TELEG
NEITN TEA. OR ANT URANUS* H.,+AINES•JR.
JAMES C. BROWN (I01♦-18801
JULIAN P. O ROBINSON
JULIA O. . nowN
WLLTCR J. DRE N NG
ICI
MICHAEL S. LEN NICN
JUDITH O. JUDO
DAVID 1 HARMON
March 13, 1991
VIA FAX
Mr. Lae Morrison
Weld County
915 1001 Street
P.O. Box 1948
Greeley, CO 80632
Re: Roggen Feedlot, March 13, 1991 Show-Cause Hearing
-Dear Lee:
Pursuant to our conversation yesterday, Mr. Hessce is formally requesting a
continuance of the show-cause hearing set for March 13, 1991 beginning at 10:30 a.m.
This request is based upon the Weld County Administrative Manual since only is aaring
nd am elyi gton our tconversattilono inll be avaaletthtceregalyd. Mr.e He eelwillthetpresent iend the lneorder
to reset the hearing.
I appreciate your cooperation and assistance. Please do not hesitate to contact
me if you have any further questions or comments.
Very truly yours.
URANT, MCHENDRIE, IIAINES
& GROUSE, P.C.
Michael W. Callahan
Mwc:sah 910210
Ml1R 13 ' 91 9: 39 303 930 2394 PnEEE . 002
CASE SUMMARY
ZCH-64
Richard Hesse
July 11, 1973 SUP-208 approved.
March 11, 1990 Original zoning compliance letter mailed to J .N.
-Thompson Farms, Inc. with photocopy to Richard Hessee
regarding extra pens on the property.
May 31, 1990 Letter received from Richard Hessee stating his intent
to file an application to amend SUP-208.
,June 28, 1990 Probable cause hearing scheduled for July 11.
July 11, 1990 Board of County Commissioners schedules Show Cause
Hearing for August 29, 1990.
August 20, 1990 Application to amend SUP-208 received by Department of
-Planning Services.
August 29 , 1990 -Board of County Commissioners approved continuance of
Show Cause Hearing to November 7, 1990.
September 18, 1990 Planning Commission holds public hearing and recommends
denial of the amended _SUP application.
October 10, 1990 Board of County Commissioners holds public hearing and
continues amended SUP hearing to -December 12, 1990.
November 7 , 1990 Board of County Commissioners continues show cause
hearing to December 12 , 1990.
December 12, 1990 Board of County Commissioners holds public hearing and
denies amended SUP request. Board of County
Commissioners continues show cause hearing to March 13 ,
1991, at 10:00 a.m.
March 7 , 1991 Wes Potter states that a plan regarding compliance of
the Existing facility with the Colorado Department of
Health Guideline; for Feedlot RunoTf `ontoi.^.:^:ent, has
not been filed.
March ' , 1991 Inspection by Lanell Swanson, Current Planner, shows the
pens have not been removed.
4310210
OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT. 439'
VA P.O. BOX 1948
GREELEY,COLORADO 80632
COLORADO
October 18 , 1990
Jay J . Bartlett
Attorney at _Law
_P . O. Box 850
-Louisville , CO 80027
Michael W. Callahan
Attorney at Law
One United Bank Center
1700 Lincoln Street
Suite 3000
T-enver , CO 80203-1086
Gentlemen :
₹'ol.lowing the continuance of the USR-208 hearing for the Hessee
Livestock operation , the Board has indicated its _intent to
continue the Show Cause -Hearing of November 7 , 1990 , to -December
12 , 1990 , following the USR hearing . The actual continuance will
officially occur on November 7 , 199C , but there appears to be no
benefit to having the Show Cause Hearing prior to disposition of
the USR matter .
-'hank you for your attention to this matter.
Sinct ely ,
/ �t tCr.L�-y-
C-
LeeD . Morrison
Assistant County Attorney
ZDM/ta
xc : , husk Cunliffe , Weld County Planning
Wes _Potter, Weld County Health
910210
ATTORNEY AT LAW
ALANO.HILL
813 MAIN STREET JAY J,BARTLETT
LO. BOX 850 CHRISTOPHER L SMITH
LOUISVILIM.COLORADO 80027 Associates
TELEPHONE(303)866-4060
TELEFA%(303)666-G426 August 22 , 1990
Weld -County Board of County Commissioners
915 loth Street, Room 342
Greeley, CO 80631
Re: 90-31, Hearing to Show Cause for Revocation of Special
Use Permit No. 208, Issued to Sargent Terms, Inc. ,
Predecessor in Interest of Richard Hessee
Dear Sirs:
I represent the Shoeneman family, owners and operators of
the Shoeneman 5M Ranch, Inc. , located in close proximity to the
feedlot which is the subject of the above-referenced show -cause
hearing. My clients have experienced significant problems with
the feedlot operation. These problems have grown considerably
more acute with the passage of time. It is my clients' position
that the feedlot operation has been so fraught with violations of
state laws and its own permit that expansion should not even be
seriously considered.
Based upon my clients' observations, the feedlot is
presently not in compliance with the requirements of the permit
issued in 1973 , as to pen sizes and with respect to the sealed
lagoon required as part of the conditions of approval. Over the
past several years, the pen sizes have been enlarged without
_county approval and the operators have not complied -with the
limitation to 3, 90 head as specified in the Special Use Permit.
According to condition no. 4 of Permit no. 208, said -lagoon
was required to be sealed. It is believed that the lagoon has
never been sealed. In addition, the lagoon has been overflowing
since June of this year. -The overflow crosses the road and
disappears onto a neighboring field located to the east. My
clients have pictures taken during duly, 199-0 which illustrate
this condition.
In addition to the violations of the permit, the feedlot has
been operated such that there has been an extreme problem with
odors and insects. These problems have increased to the point
where it is very difficult for my clients to remain out of doors
for any period of time. In addition, my clients have had to
abandon their two domestic wells on their property O * J 4W I,- _‘
\I AUG 23 1990
91. 10
�� CG. 01:1061k4 40498JSSIBL
Weld County Board of County Commissioners
August 22, 1990
Page 2
new, much deeper well into the Laramie-Fox Hills sandstones to
obtain acceptable potable water, at a cost in excess of $8,Z00.
Based upon these problems and others, -we would ask that Mr.
Hessee' s permit be revoked. In the alternative, we would ask
that no expansion request be considered until Mr. Hessee can
demonstrate compliance with all permit conditions, over a period
measured in years, and that his operation of the feedlot no
longer represents unreasonable adverse impacts on neighboring
properties and their owners. Attached is our correspondence with
the Weld County Health -Department.
Very trulyyours,
joae adeta
JJB/rla
encl.
cc w/o encl. : Joel Shceneman
Weld County health Department
910210
ATTORNEY AT LAW
613 MAIN STREET ALAN G.HILL
P.O. BOX 650 JAY J.BARTLETT
LOUISVILLE,COLORADO 80027 CHRISTOPHER L.SMITH
TELEPHONE(303)666-4060 Associates
TELEFAX(303) 666-4426
August 21, 199-0
Lynn Robio
Weld County Health Department
1517 - 16th Avenue Court
Greeley, _CO 80631
-Re: Feedlot Incated in the NE 1/4 of Section 25, Sownship 2
North, Range 63 West, Weld County, _Colorado
Dear Lynn:
This letter is to confirm Sur telephone conversation of
August 21, 199-0 wherein you -agreed to write up a complaint Adth
respect to the above-referenced feedlot and the overflowing
containment.
You also agreed to A o an observation on the feedlot opera-
tion and pond -during your upcoming visit to the 1Roggin area. By
the time you make that visit, I hope that _my clients, Joel and
Linda -Shoeneman have -contacted you with respect to their observa-
tions of the feedlot.
As we -discussed, the owner of the feedlot, Richard Hessee,
is presently before the Board of County Commissioners on a -show
cause hearing as to why his permit should not be revoked for non-
compliance. The xase number is docket no. 90-31. According to
Lanell Curry, County _ lanner, Mr. Hessee expects to submit an
application for enlargement prior to the August 29 hearing date.
Evidently some of the expansion has already occurred since the
County Commissioners have found that Mr. Hessee is over his
permitted limit of 3 , 59D head of rattle on the premises.
Finally, I ₹gave enclosed a copy of the Special ZLse _Review
Permit issued by the Weld County Commissioners to _Sargent Farms,
Inc. , Mr. Hessee's predecessor, dated _July 11, 1973 . As you can
see from condition no. 4, the containment pond is to be sealed.
In addition, pursuant to condition no. 1, all sanitation facili-
ties are to _be approved by the -Health Department.
I would appreciate the opportunity to discuss your observe
tions after you have visited the feedlot.
Very truly yours
4Jtirt.lett /)"
ends. 11(
AUG 2 3 1990
cc w/o encls. : Joel Shoeneman a� (� Its , J
9i��10 1NeId cli Cre wg :aii19,0•C Y,
I
COLORADO DEPARTMENT OF HEALFH '
Water Pollution Control Division
4210 East 1 lth -Avenue
Denver, Colorado 80220
Wastes Inventory DATE: -4-3-73
Livestock Feeding Operations
COUNTY: Weld
Company Name 6 Address Sargemt Farms , 1pd_ Rn9grn, Colpr-ado
Type of Operati-on: Feedlot X Dairy Farm Other _
Stockyard_ Hog Farm '
-Average Stock l-0pulati_on (Give daily and monthly changes if any) 3,000
Total Stock -Pen Area end Capacity 3,600 ._
Are Stock Pens Paved? No
. Method and• Frequency of Disposal -of Manure A minimum of twice a year ron
surrounding farms
•
Does Method Control fly Breeding? lies
Is Rodent Control Practiced? Yes
Treatment and Disposal of Stock Pen .Drainage Pollution ponds for pen runoff
will be utilized
Stream or Water body Receiving Drainagc Name, Distance, and Direction) None
How is Area Zoned? Agricultural
Distance 6 Direction YTOm Nearest _Community 4 miles southwest Df Rogslen
Method of Dead -Animal Disposal Rendering Company
{7
Prepared by ,----)C tf s 4' ti r „f -
i
WP-12 (947-4)
910210
RECORDED EXEM TION No
1477-25-I- 474
ioO/NT di".9EG/Ny/N _In'4 '
NE Cot. SPe.?.S
Tz fit, R. 634.i..
„(//N4, )
.sec.2S d.✓eR /B r-r- sB9'WO2: 99115:34:,'9
ru.zy
4
kil
% LOT ;`47° Q
iti 88. 0.09 t Acres
, A (/peAeen, 4.."/6 tie.
Fo weenoily road t.:0,49
‘CI
8 i
8
/ Ni.\ - eQ
,IP / y
\l,"1>T FB ' �// dyers 6,405-...-....-^w J
.
p ciao.09' PK
45,1'2"9e ` /\
-r -4-so
•
\ -r--e- 30'
\ , ^/E/4 SEC. 2S' _„,---.6
Sec, z.s
T. 2Atd R. a3w
n
• k 1%1
3
sea/e:/="/fiat
a Z4 . • _ ,eih se/
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h
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5
„ ;ter,Fy ny
k
l Cam,.
'C .11 S.4RlTENT AAWAY5, /NC.
I ' Ifted Aya szt/, Colo. 6ba6'2
26 elei .7
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4vc • 3
I 3
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are/6 _T. eN_ I
I ^'
-yr aG ) I .a/
910210
v/C/N/TY AIM°
F/Prre 4-49i0p,Pi ysy, o /."v.'..i an olia
Assoe:a/tWEnginaedt 47 .
INSPECTION -REPORT
NAME: Roggen Feedlot
LEGAL DESCRIPTION OF PROPERTY: Tart of the NE} of Section 25, T2N, R63W
of the 6th P.M. , Meld County, Colorado
DATE: May 8, 1990
CASE NUMBER: SUP-208
There are pens outside of the Special Use Permit boundaries to the south.
The owner indicated that there are 4 pens (capacity 1,400 head) outside the
Special Use permit boundary, and that the _cattle on hand _equal 4,000 head.
.-- S./it
Brian A. Grubb
Current Planner
• Z
t- ;.orJr1I c-R-
INSPECTION REPORT
NAME: Richard 'lessee
LEGAL DESCRIPTION OF PROPERTY: Part of the NE} of Section 25, T2N, R63W
of the 6th Y.M. , Weld County, Colorado
DATE: June 21 , 1990 CASE NUMBER: ZCH-64
Pens have been built east of the approved pens. There are cattle in the
pens and 5 horses east of the north pens. The southern pens have been added
to the site since SUP-208 approval.
an 11 J. Cu ry
Current Pla
910210
Roggen FQed Lot
P.O.Box 25
35895 WCR 18
Roggen,CO-80652
303-849-5574 800-628-8352
May 30, 1990
Ms. Larrell _J . Curry
Department of Planning Servin-es
915 10t-h Street
Greeley , Colorado 80631
Subject : ZLH-64
Dear Ms. Curry :
As new owners of Roggen Fe-ed Lot, locate-d in RDgDen, Colorado , we
understand that there is -a prDblem with the Special Use Permit
issued to the feedlot.
We propose to maintain 3390 head of cattle Dr less as -allowed
under the Special _Use -Permit # 208, until apprDval for expansion
has bean granted to us .
We plan tv submit an application for Use By Special Review to
expand the existing lot to the North and -expe-ct to have all th-e
nac_essary forms completed within the next 9A days . During the
interim, we -will comply with all part-s of Special Use Permit #208
we now operate _under .
We would like to thank -you for -your tiZnE and Donsidaration in the
above matter .
Sincerely ,
Richer ' -es, /' -e
Owner
cc : Wes `otter
Weld County Health Department
1516 Hospital Road
Gr-eeley, Colorado 81)652
p)--ge-5 5r5?,-,q`
\ _
MAY 3 1 1990
ci ., _
ws Co. Mamam “iinutdceith
9 0:110�,�
• It
ft)
DEPARTMENTDF PLANNING 6
NNIINGSER IC€SS-4000,EXT915 10thSTREET
GREELEY,COLORADO 60631 lilt COLORADO
•
May 11, 1990
J. N. Thompson Farms, Inc.
15366 County Road "0"
Fort Morgan, CO 80701
Subject: 2CH-b4
Dear Sirs:An on-site inspection of your property was conducted on May 8, 1980, to
determine if the Conditions of Approval and the Development Standards placed
on your property at the time SUP-208 was approved by the Board -of _County
Commissioners are in mampllance. The inspection -revealed violationsroved
Conditions of Approval U3 and 4. A _copy of these items from th=ovide dot
resolution are enclosed. In addition the application materials
a maximum of 3,600 head of cattle on the property.
The Use by Special Review area must bn brought into compliance with the rds date Conditions of Approval and the Development
will results in ourhin office°achedulingays from ha
date of this letter. Noncompliance Commissioners. If the
Probable Cause Hearing before the Board of County warrant
her
c determines C sufficient
ause Hearing will be scheduled to considero-revocation oft
at ion, a S the
Use by Special -Review permit. lease call or -write.
If you have _information that may clear up this matter, p
Sincerely,
Lanell J. Curry v
Current Planner
LJC:rjg
enclosures 910210
pc Richard Besse
P.O. Box 25
Roggen, LO 80652
CERTIFICATE OF MAILING
I hereby certify that I have placed a srue and correct copy of the
surrounding property _owners and -owners and lessees of minerals in accordance
with she notification requirements of Weld County in Case -Number ZCH-64 for
Richard Hesse in the _United Stated Mail, postage prepaid First Class Mail by
postal _card as addressed on the attached list.
this 2-8th day of June, 1990.
Icieas
910210
MAILING LIST
Richard Hesse
ZCH-64
Schoeneman Five M Ranch, Inc.
P.O. Box 2582
Lyons, CO 80540
Marie _T. Buchholz
7640 Weld County Road 73
Roggen, CO 80652
Raymond R. Kauffman
Julius A. Pluss
7532 Weld County Road 65
Keenesburg, CO 80643
Richard Hessee
35895 Weld County -Road 18
Roggen, CO 806-52
910210
DEPARTMENT OF PLANNINGSERVICES
tiOn PHONE(303)356-4000,EXT.4400
91510th STREET
GREELEY,DOLORADO 80631
�4f
COLORADO
June 28, 1990
TO: SURROUNDING PROPERTY OWNERS
Subject: ZCH - I4
NAME: Richard Hessee
FOR: A livestock nonfinement mperation - 3,600 head ipf cattle
LEGAL DESCRIPTION: :Part of the NEj of Section 25, -E2N, R63W of the -6th
P.M. , Weld County, Colorado
LOCATION: West 9f Weld County Road 73, south of Weld County -Road 18
A Probable Cause Public Hearing is scheduled bxfora the Weld County -Board of
County Commissioners on Wednesday, July 11, 1390, at 9:00 a.m. in the County
Commissioners' llearing Room, First Floor, Weld _County Centennial Center, 915
13th Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number SDP 208 for
compliance with the Conditions of approval approved by the Soard of County
Commissioners vn July 11, 1973, to -determine if probable cause exists to
hold a hearing on revocation of SUP-208.
You are receiving this -notification because your property is within
five-hundred (50D) feet of the property being reviewed. All persons in any
manner interested are requested to attend and may give testimony pertaining
to SUP 208 and the uses occurring on the approved site. For additional
information write or telephone, Lanell J. Curry, Current Planner.
WELD COUNTY 11EPARTMENT OF PLANNING SERVICES
915 10th Street - Room 342
Greeley, Colorado $0631
Phone: 356-4000 - -Extension 4400 91621.0
ft lit Ccf: DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
91510th STREET
GREELEY,COLORADO 80631
COLORADO
June 28, 1390
Mr, Richard Hessee
35895 Weld County Road 18
Roggen, CO 80652
Subject: ZCH-64
Dear Mr. Hesse:
Notice 3$ hereby liven that on Wednestlay, July 11, 199-0, at 9:DO a.m. , or as
soon _thereafter as the agenda of the Board of County Commissioners permits,
the Board of County Commissioners of Weld County will hold a Probable Cause
public hearing pursuant to Section 81 of the Weld County Zoning Ordinance.
This meeting will take place in the Commissioners' Hearing Room, -Weld County
Centennial Center, 915 Tenth Strset, Greeley, Colorato.
The purpose of this public hearing will be to review rase number SUP-2-08 for
compliance with the conditions of approval as approved by the Board of
County Commissioners on July 11, 1973, to determine if probable cause exists
to hold a hearing on revocation of SUP 208.
Inspection -by _representatives of this office have identi3ied that you are
not in compliance with conditions of approval of SUP-208.
If it is determined at the public -hearing that there is -probable cause that
you are nos in compliance with conditions of approval the Board -0f County
Commissioners will schedule a Show Cause public -hearing to consider
revocation of the SpEcial Review permit.
If you have any questions regarding this utter, please telephone.
Respectfully,
c4211-111/09-
Lanell J. Luny
-Current Planner
LJC:rjg
910214)
....,:,::::. ..),:f.,1-..1
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•
t }+ i!F" � AR2214106 Recc B 3EC 02214106 05/16/90 15:55 00 1/002
I. z ° a", F 070,. MARY ANN FEUERSTEIN CLERK Si RECORL WELD CO, CO
4.' 1
x<e
rJ. N. Thompson Farms, Inc. Lit
ry Fee`3 '4........l � ; I.e I�� I'� I a corporationeuly organized and existing under and by virtue ofr 3ll ' :„,, the laws of the State ofDolorndoill ,el s: 1 1 .
t 14 whose address is 15366 Road 0, Fort Morgan, Colora Jq 1 i I.
`•! County of Morgan ,and state of
Z: 14
•
j1 Color-ado ,for the consideration of Ten Dollars MIA, ;
1 t l and other valuable consideration 2 i
11 i1 inhand paid,hereby sell(s) andsonvey(s) to Richard -Bessee
c i+ '
i
t 1 {i whose legaleddress is 35895 WCR 18, -Roggen, CO 80652 , Countyef � �i f 1 ',
y
' 1 i i Weld ,andState of Colorado , the following real property in the t i
S i• ;
,4•' i County of Weld ,and State of Colorado,to wit:
4
i ��l1 �„ S �, � -.See Exhibit A Attached:
i
I Including all water, -water rights pertaining thereto owned by
IS i. _grantor i-ncluding specifically the wells with State Permit. „ •
I �' '; #015295-1' and 11017306-F; gg
T' t
-Excepting unto the grantor all previous oil, ,gas and other L ',.
mineral reservations -of record. .'
M".4"2.-1.1
="
�7 '
s1�.
' • �•. alsoinentuatoie ettnattitt c r.am•+a c,
aryIr
I:
'),
with all its appurtenances,and waerutt(e) the title to the same,subject to taxes of 1990 due �
and payable i-t 1591 ; rights o-f way, -easements and Jail and gas 1-ease ; r
of record; including but -tot limited to a right of -way -for public er r i `'
c`,-' highway recorded in Book 884 at page 439. y .
( ^ '
$.• µ 4y 4Ii.+
4f
I ��N F1° 15 day of May .19 90 "�
4 it
b # s }
r P -OQ• J • 7. N. -Thompson Farms, Inc. l�' 7.V. .
-c '•. # i. • ,
i .' ,D;t •}f�• !1 , I �µ/IL� 'O' �,p"" / B !/...���� 1{, c° 59
S,L;{li.: — .•UJl Secretary. y / P,ea:dent. �, .sa ;
•���� A� pp� •s,_ e
�zL 0'R"'�D OF,COI.OEAk,, °� ;
-0 e&
r' County of Morgan
1 ` 4
2 -The foregoing instrument was acknowledged before me this 15 day of May
�, ,z
?•. 19 50,by J. N. Thompson , ,. 7k
p ae President and ----r;if.,/,-'--
t
�` Susan Jilek Js Mary-of '?t�f i , l•
,:� • x,_ J. N. Thompson -Farms, Inc. ,a corporation. • . .. •'f'
Vfs
' at ,ed My commission expires •
Fa+'•'' Witness my hand and official seal. x
V e A/ ,;
4.44/731,16..71 ). N,tr�r,wb F
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Ice°. .4;',1430,.
>9�°' B 1264 h-_ 0221-4106 05/16/90 15•-ru5 SIU, 2/002 F
:ht"rS F 0769 MARY ANN FEUERSTEIN CLERK 4 -RECORDER WELD CO, CO d [•'# ` ,'
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A z u`'" n- i EXHIBIT "A" ',NIP r �`
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k PARCEL 1 4 t; 4"1"
4W
' i•?.� Lot A of Recorded Exemption No. 1303-24-4-RE473, recorded January 21, I k ;
"t'�
Hlai4' 1981 in Book 925 as Reception No. 1847466, being more _particularly I ' at"
ca l iV, described as follows: I r i `"� °PI
(``
J K' .� A parcel of land located in the 3Ek of Section 24, Township 1 North, ° •�
t `Il Range 63 West-0f the 6th P.M. , bei-ng -more particularly _described ''
G. 4 as follows: 4 `'
'� 3 _BEGINNING at the Southeast corner -of said Section 24 and tonsidering ,I,,,,,.
•: ,i 1I.1. the Mast _line of said section as bearing N00.00'-00"E, _with all other lff*, q .'t,
r ; ffi� .'+. , bearings contained herein relativ_e thereto; ;c::f' e
t � Pars 74 thence N00.00'00"E, along said East line, 1366.15 feat; �
r F a 1• thence -_89.45'12"44, 951.32 -feet; 6 �I�
4 9 . thence _600•01'12"E, 567.31 feet; S' t t
F
thence _630.5742"44, 124.71 feat; "'� q1 t
II � thence _602.36'02"E, 442.16 feet; f"s���4i
. thence 320.19'14"E, 34.42 feet; , cI. '.
` al 4r�' 3ection x-4'14'38"i4, 218.75 feet to a point on the So_uth line of said .
�s�
'„ - ., thence 389.46'-49"E, along said -South 1tne, 984.83 feet to the -POINT VII" l:
R�' DF -BEGINNING. ,
rr
PARCEL 2 G y`i`p, j:
v
„ "S w
, I.1,, Lot A of Recorded E-:emption NC. 1477-15-1-RE 474, recorded 7anuary 21, 4;.�; �S 'ati
' 11_681 in Book 925 as Reception No. 1847-468, being more particularly '.' .. .14
f �' - described as follows: fib, .,, via
f� A parcel of land located 1n the NEk of 3ection 25, Township 2 North, ,, . =y ,
c. 110, Range 63 West of the 1thM.M., being more particularly described rg �tr� 4ie
as -follows: '°e. ...
w , I BEGINNING at the NE-1/4 of said section �5 and considering the East line ' hhr
1 t,t . of -said section as bearing _600.00'110"W, -with all other bearings contai::ec .,; n{i
herein relative thereto; {•{,�� +t 4.
Ix: '3s thence 300•10'D0"W, along said East line, 1304.56 feed a
11 thence 386.14'40"W, 85.-04 feet; ��+ -R
, ,e, , thence N891'48'55"W, 536.-09 .feet;
ii 4 •� thence N00•S2'1-4"i4, 455.41 feet: p r`
r; thence N00.08'59"E, 867.70 feet to a point on the North line of said k ` �ski.. -:a':� -Section M5; ',v.�i``-t •l .s,,.
Ott:. •, thence 389.46'-49"E, along said North line, 925.30 -feet to the POINT ,� . ,e`
DF 13EGINNING.
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