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ELT— \ • . ,LP . . , °I 1 ' U ' 1 \ -I [I 0 J L U 1,r° et r: —!..-- a _ti 'picct03 q 20q ya RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A LIVESTOCK CONFINEMENT OPERATION (2,410,000 CHICKENS) , FERTILIZER AND COMPOSTING FACILITY, AND A GREENHOUSE IN THE A (AGRICULTURAL) ZONE DISTRICT - MORNING FRESH FARMS 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, the Board of County Commissioners held a public hearing on the 30th day of September, 1992, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Morning Fresh Farms, 15121 Weld County Road 22, Platteville, Colorado 80651, for a Site Specific Development Plan and Special Review Permit for a livestock confinement operation (2,410,000 chickens) , fertilizer and composting facility, and a,greenhouse in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the WZ, Section 15, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Fred Otis, Attorney, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, 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 Urban Growth Boundary and the Agricultural Goals and Policies as set forth in the Weld County Comprehensive Plan. The Town of Platteville Planning Commission has reviewed this request and found that the proposal does comply with Platteville's Comprehensive Plan. b. The proposal is consistent with the intent of the Agricultural Zone District and is listed as a Use by Special Review. 920949 PL0903 f�L 6903 1-7-1)13� )D 15, ti AMENDED SPECIAL REVIEW PERMIT - MORNING FRESH FARMS PAGE 2 c. The uses which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas production, and rural residences. d. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District and with the future development as projected by the Town of Platteville's Comprehensive Plan. e. The applicant has demonstrated that a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed uses. The proposal will not remove any productive agricultural land from production. f. No overlay districts affect the site. g. Special Review Permit Development Standards 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 Site Specific Development Plan and Special Review Permit for a livestock confinement operation (2, 410, 000 chickens) , fertilizer and composting facility, and a greenhouse in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The expansion activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval by the Board of County Commissioners: a. The existing septic systems for employee use shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Environmental Protection Services Division before the required I.S.D.S. evaluation can be performed. b. A copy of plans for the composting operation shall be submitted to the Colorado Department of Health for review and approval. 920949 AMENDED SPECIAL REVIEW PERMIT - MORNING FRESH FARMS PAGE 3 c. The method of protection proposed underneath the compost piles, if required by the Colorado Department of Health, shall be submitted to the Weld County Environmental Protection Services Division for approval. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D. , 1992. F , , ,, BOARD OF COUNTY COMMISSIONERS ATTEST: r,4 '1, ° 4 WELD COU TY, COLORADO Weld County Clerk to the Board G ge Ken dy, Chairman BY: - 1�ip�� EXCUSED DATE OF SIGNING (AYE) Deputy Cl to the Board Constance L. Harbert, Pro-Tem APPROVED AS TO FORM: C. W. Kir y County Attorney Gor Y giV( • WZ417) W. H. Webster 920949 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MORNING FRESH FARMS AMENDED SUP-44 1. The Site Specific Development Plan and Amended Special Review Permit is for a livestock confinement operation (2,410,000 chickens) , fertilizer and composting facility, and greenhouse in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, 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. 4. The property shall be maintained in compliance with Sections 45. 1 and 47 of the Weld County Zoning Ordinance. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 11. The property shall be operated in compliance with the conditions of approval for the substitute water supply plan as set forth in the July 27, 1992 letter from the Office of the State Engineer, Division of Water Resources, and shall be operated in compliance with the subsequent plans and permits approved by the State Engineer's Office. 920949 DEVELOPMENT STANDARDS - MORNING FRESH FARMS PAGE 2 12. If required by the Colorado Department of Health and the Weld County Environmental Protection Services Division, the facility shall provide protection under the compost piles so that leachates do not infiltrate through the surface of the ground and contaminate any groundwater table which may exist below the facility. 13. The facility shall be designed and operated in a manner that prevents nuisance conditions and shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant run-off. 14. The facility shall be sufficiently designed to control run-on and run-off of any precipitation and/or flood waters which would be associated with a significant precipitation event. All run-off which is accumulated on the site shall be diverted to a lined containment pond and the contaminated water shall be disposed of in a manner which protects against contamination. The containment pond shall be protected by a berm around the outside so that flood waters cannot run onto the pond and combine with the polluted waters associated with the composting facility itself. 15. The facility shall be operated in a manner that controls fugitive dust, blowing debris, or other potential nuisance conditions that might be carried off the site and negatively impact adjacent landowners or residents. 16. Adequate toilet facilities shall be provided for the public. 17. After October 1, 1992, all construction activities that disturb more than five (5) acres of ground shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 18. The facility shall be operated in compliance with the Solid Waste and Facilities Act, Section 30-20-101, Colorado Revised Statutes. 19. All future water lines supplying fire department outlets shall be a minimum of four inches in size. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.6 of the Weld County Zoning Ordinance. 920949 DEVELOPMENT STANDARDS - MORNING FRESH FARMS PAGE 3 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 24. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 920949 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION September 1, 1992 Page 2 Planning Commission members h`ad various questions and Keith Schuett explained the questions could be asked at th time the applicant submitted an amended Special Review application, if the subs antial change was ap oved. He explained in the process for this hearing the applicant had to oved he was implementing a substantial change from the origi�al applicat' . The Vice-Chairman asked if there was nyo e in the audience who wished to speak for or against this application. David Smith, surrounding property wner, asked questions, but Keith Schuett had to again explain these would e handled\ in an amended application, if the substantial change was approved. / Jean Hoffman moved SCH-7 James and Sharon McD nald, be forwarded, with staff's comments to the Boar of County Commissioners with the Planning Commission' s recommendation for proval. Bill O'Hare second d the motion. The Vice-Chair an asked the secretary to poll th members of the Planning Commission f their decision. Jean Hoffman - yes; B'll O'Hare - yes; Juliette Kroekel - es; Don Feldhaus - yes; Shirley Camenisch\ - yes. Motion carried unanimou y. CASE NUMBER: Amended SUP-44 NAME: Morning Fresh Farms ADDRESS: 15121 Weld County Road 22, Platteville, CO 80651 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) , fertilizer and composting facility, and a greenhouse in the A - .. (Agricultural) zone district. LEGAL DESCRIPTION: Part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 31, north of Weld County Road 32. Fred Otis, Attorney, representative for Morning Fresh Farms, explained this company has been in business for 22 years. They are a local company and very successful. This application will cover long range plans for any future changes. He presented a map showing future construction for the facility. Don Feldhaus asked if this expansion will consume most of the property currently owned. Fred Otis said yes. �x 116 n' C. 920949 --- --- r SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 1, 1992 Page 3 Jean Hoffman asked about the composting facility and the proposed greenhouse. Rex Thorpe, Comptroller, Morning Fresh Farms, explained they currently dehydrate about 85% to 90% of the manure and sell it as lawn fertilizer, 5% is composted, and the rest is sold to local farmers in a raw state. There will be no problems continuing this process with the increase in birds. Jean Hoffman asked John Pickle the Health Department' s view on this operation. John Pickle said they encourage composting, and have requested the Colorado Department of Health review this process. Shirley Camenisch asked how the fertilizer is transported. Rex Thorpe, Major Stockholder, explained it is bagged on the facility and then trucked out on paved Weld County Road 32. Shirley Camenisch asked what they did with the deceased chickens. Rex Thorpe said they are ground and composted. Bill O'Hare asked if the applicant was in agreement with the Department of Planning Services staff comments. Fred Otis said yes . Lee Morrison presented new language for the Planning Commission to consider. "The applicant will use their best efforts to avoid providing unprocessed manure to third persons after being notified by the Weld County Health Department that unprocessed manure is contributing to nuisance conditions maintained by that third party" . Fred Otis stated Morning Fresh Farms is not opposed to not selling to someone who is misusing and they will help to solve the problem but they would rather not have this wording applied as a requirement. Bill O'Hare moved to forwarded Amended SUP-44, Morning Fresh Farms , and staff' s comments, to the Board of County Commissioners with the Planning Commissioners recommendation for approval. Shirley Camenisch seconded the motion. - ., Fred Otis read a statement for the record. "The applicant has indicated willingness in good faith to work with the Weld County Health Department where the end user of it' s fertilizer is misusing it and creating a nuisance" . The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jean Hoffman - yes; Bill O'Hare - yes; Juliette Kroekel - yes; Don Feldhaus - yes; Shirley Camenisch - yes. Motion carried unanimously. Jean Hoffman, Bill O'Hare, and Don Feldhaus commended the applicant for the obvious way they are conducting their business and their good community relations. ,920949 1 'a.D COU�'T1 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION rq:r ,- -' [31 6: 09 RESOLUTION OF RCOMMEND4ATION TO THE BOARD OF COUNTY COMMISSIONERS CMoved by Bill O'Hare that 4e.,15p r`W2ntg resolution be introduced for passage by the Weld County Planning C iVfrion'. " Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Amended SUP-44 NAME: Morning Fresh Farms ADDRESS: 15121 Weld County Road 22, Platteville, CO 80651 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) , fertilizer and composting facility, and a greenhouse in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 31, north of Weld County Road 32. 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 Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Urban Growth Boundary and the Agricultural Goals and Policies as set forth in the Weld County Comprehensive Plan. The Town of Platteville Planning Commission has reviewed this request and found that the proposal does comply with Platteville's Comprehensive Plan. - The proposal is consistent with the intent of the Agricultural zone district and is listed as a Use by Special Review. - The uses which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas production, and rural residences. - The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district and with the future development as projected by the Town of Platteville's Comprehensive Plan. 920949 f RESOLUTION, Amended SUP-44 Morning Fresh Farms Page 2 The applicant has demonstrated that a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed uses. The proposal will not remove any productive agricultural land from production. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based in part, upon a review of the application materials submitted by the application, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The expansion activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval by the Board of County Commissioners: the existing septic systems for employee use shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Environmental Protection Services Division before the required I.S.D.S. Evaluation can be performed. a copy of plans for the composting operation shall be submitted to the Colorado Department of Health for review and approval. the method of protection proposed underneath the compost piles, if required by the Colorado Department of Health, shall be submitted to the Weld County Environmental Protection Services Division for approval. 326949 RESOLUTION, Amended SUP-44 Morning Fresh Farms Page 3 Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Jean Hoffman Bill O'Hare Juliette Kroekel Don Feldhaus Shirley Camenisch The Vice-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, Sharyn Ruff, Recording Secretary for 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 September 1, 1992. Dated the 1st of Se temb , 1992. 1 ' , , ) DT Sharyn F. Ruff Secretary 920949 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Morning Fresh Farms Amended SUP-44 1. The Site Specific Development Plan and Amended Special Review permit is for a livestock confinement operation (2,410,000 chickens) , fertilizer and composting facility, and greenhouse in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, 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. 4. The property shall be maintained in compliance with Sections 45.1 and 47 of the Weld County Zoning Ordinance. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 920949 DEVELOPMENT STANDARDS, Amended SUP-44 Morning Fresh Farms Page 2 11. The property shall be operated in compliance with the conditions of approval for the substitute water supply plan as set forth in the July 27, 1992 letter from the Office of the State Engineer, Division of Water Resources, and shall be operated in compliance with the subsequent plans and permits approved by the State Engineer's Office. 12. If required by the Colorado Department of Health and the Weld County Environmental Protection Services Division, the facility shall provide protection under the compost piles so that leachates do not infiltrate through the surface of the ground and contaminate any groundwater table which may exist below the facility. 13. The facility shall be designed and operated in a manner that prevents nuisance conditions and shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant run-off. 14. The facility shall be sufficiently designed to control run-on and run-off of any precipitation and/or flood waters which would be associated with a significant precipitation event. All run-off which is accumulated on the site shall be diverted to a lined containment pond and the contaminated water shall be disposed of in a manner which protects against contamination. The containment pond shall be protected by a berm around the outside so that flood waters cannot run onto the pond and combine with the polluted waters associated with the composting facility itself. 15. The facility shall be operated in a manner that controls fugitive dust, blowing debris, or other potential nuisance conditions that might be carried off the site and negatively impact adjacent landowners or residents. 16. Adequate toilet facilities shall be provided for the public. 17. After October 1, 1992, all construction activities that disturb more than five (5) acres of ground shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 18. The facility shall be operated in compliance with the Solid Waste and Facilities Act, Section 30-20-101, Colorado Revised Statutes. 19. All future water lines supplying fire department outlets shall be a minimum of four inches in size. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 920949 DEVELOPMENT STANDARDS, Amended SUP-44 Morning Fresh Farms Page 3 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.6 of the Weld County Zoning Ordinance. 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 9.20949 September 1, 1992 CASE NUMBER: Amended SUP-44 NAME: Morning Fresh Farms ADDRESS: 15121 Weld County Road 22 Platteville, CO 80651 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) , fertilizer and composting facility, and a greenhouse in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 31, north of Weld County Road 32. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Urban Growth Boundary and the Agricultural Goals and Policies as set forth in the Weld County Comprehensive Plan. The Town of Platteville Planning Commission has reviewed this request and found that the proposal does comply with Platteville's Comprehensive Plan. The proposal is consistent with the intent of the Agricultural zone district and is listed as a Use by Special Review. - The uses which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas production, and rural residences. - The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district and with the future development as projected by the Town of Platteville's Comprehensive Plan. The applicant has demonstrated that a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed uses. The proposal will not remove any productive agricultural land from production. 920949 RECOMMENDATION, Amended SUP-44 Morning Fresh Farms Page 2 No overlay districts affect the site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based in part, upon a review of the application materials submitted by the application, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The expansion activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval by the Board of County Commissioners: - the existing septic systems for employee use shall be reviewed by a Colorado Registered Professional Engineer and a copy of that review shall be submitted to the Weld County Environmental Protection Services Division before the required I.S.D.S. Evaluation can be performed. - a copy of plans for the composting operation shall be submitted to the Colorado Department of Health for review and approval. the method of protection proposed underneath the compost piles, if required by the Colorado Department of Health, shall be submitted to the Weld County Environmental Protections Services Division for approval. 920949 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Morning Fresh Farms Amended SUP-44 1. The Site Specific Development Plan and Amended Special Review permit is for a livestock confinement operation (2,410,000 chickens) , fertilizer and composting facility, and greenhouse in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, 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. 4. The property shall be maintained in compliance with Sections 45.1 and 47 of the Weld County Zoning Ordinance. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 7. No permanent disposal of wastes shall be permitted at this site. 8. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 920949 DEVELOPMENT STANDARDS, Amended SUP-44 Morning Fresh Farms Page 2 11. The property shall be operated in compliance with the conditions of approval for the substitute water supply plan as set forth in the July 27, 1992 letter from the Office of the State Engineer, Division of Water Resources, and shall be operated in compliance with the subsequent plans and permits approved by the State Engineer's Office. 12. If required by the Colorado Department of Health and the Weld County Environmental Protection Services Division, the facility shall provide protection under the compost piles so that leachates do not infiltrate through the surface of the ground and contaminate any groundwater table which may exist below the facility. 13. The facility shall be designed and operated in a manner that prevents nuisance conditions and shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant run-off. 14. The facility shall be sufficiently designed to control run-on and run-off of any precipitation and/or flood waters which would be associated with a significant precipitation event. All run-off which is accumulated on the site shall be diverted to a lined containment pond and the contaminated water shall be disposed of in a manner which protects against contamination. The containment pond shall be protected by a berm around the outside so that flood waters cannot run onto the pond and combine with the polluted waters associated with the composting facility itself. 15. The facility shall be operated in a manner that controls fugitive dust, blowing debris, or other potential nuisance conditions that might be carried off the site and negatively impact adjacent landowners or residents. 16. Adequate toilet facilities shall be provided for the public. 17. After October 1, 1992, all construction activities that disturb more than five (5) acres of ground shall obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 18. The facility shall be operated in compliance with the Solid Waste and Facilities Act, Section 30-20-101, Colorado Revised Statutes. 19. All future water lines supplying fire department outlets shall be a minimum of four inches in size. 20. All construction on the property shall be in accordance with the 920949 DEVELOPMENT STANDARDS, Amended SUP-44 Morning Fresh Farms Page 3 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.6 of the Weld County Zoning Ordinance. 23. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 920949 LAND-USE APPLICATION SUMMARY SHEET Date: August 25, 1992 CASE NUMBER: Amended SUP-44 NAME: Morning Fresh Farms ADDRESS: 15121 Weld County Road 32 Platteville, CO 80651 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) a fertilizer and composting facility, and a greenhouse, in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 31, north of Weld County road 32. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. Specific referral responses have been received from Platte Valley Soil Conservation District, Weld County Environmental Protection Services, Platteville Fire Protection District, and Colorado Division of Water Resources. Referral responses have not been received from the Weld County Extension Service and Weld County Building Inspection. No objections have been received by Department of Planning Services' staff from surrounding property owners. 920949 474414114Hfc:141r) • DEPARTMENT OF PLANNING SERVICES PHONE(303)3584000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 VIII ID CO COLORADO July 31, 1992 Morning Fresh Farms, Inc. , c/o Fred L. Otis Affiliated National Plaza, Suite 300 822 7th Street Greeley, CO 80631 Subject: Amended SUP-44 - Request for a Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) fertilizer and composting facility and a greenhouse in the A (Agricultural) zone district on a parcel of land described as part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. Dear Fred: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for September 1, 1992, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Platteville Planning Commission for its review and comments. Please call Robert Thorson, in Platteville, at 785-2245, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Platteville Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to August 20, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than August 22, 1992. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 920949 Morning Fresh Farms, Ir c/o Fred L. Otis July 31, 1992 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, anell J. Swanson Current Planner IJS/sfr 920949 DOYLE,KLEIN,OTIS, FREY,HELLERICIA LAZAR ATTORNEYS AT LAW RICHARD N DOYLE SUITE 300 DENVER METRO HENRY C.FREY AFFILIATED NATIONAL PLAZA (303)659-7576 THOMAS E HELLERICH 822 7th STREET ROGER A.KLEIN GREELEY,COLORADO 80631 FAX MICHAEL A.LAZAR (303)353-6712 FRED L.OTIS (303)353-6700 J ei riV,VIIN October 15, 1992 OCT 16 1992 \‘cldold C©n t7 Pianning Lanell Swanson Weld County Planning Department P.O. Box 459 1402 N. 17th Avenue Greeley, CO 80632 Re: Amended SUP 44, Morning Fresh Farms, Inc. Dear Ms. Swanson: Please be advised that I recently received a telephone call from John S. Pickle, Director of Environmental Services for Weld County. Mr. Pickle advised me that the letter supplied by Morning Fresh Farms, dated September 30, 1992 has satisfied Requirement 3(b) of the Weld County Commissioner's Resolution approving the referenced application. Mr. Pickle advised me that the Colorado Department of Health has designated the Weld County Department of Environmental Services as the agent for review of the composting operation. Based on the above conversation, it is my understanding that the Requirement in Paragraph 3(b) of the Weld County Commissioner's approval of the referenced application is now satisfied. If your understanding is anything different than what I have indicated, please let me know at your earliest opportunity. Sincerely, -.< ie,a°,1 AL4/, Fred L. Otis Attorney at Law FLO:cas c: Rex Thorpe John Pickle f0;41 . : 11; DEPARTMENT OF HEALTH 1517-16 AVENUE COURT WI GREELEY,COLORADO 80631 ADMINISTRATION(303)353-0586 gel HEALTH PROTECTION(303)353-0635 COMMUNITY HEALTH(303)353.0639 COLORADO October, 13, 1992 Mr. Fred Otis Attorney at Law Affiliated National Plaza, Suite 300 822 7th Street Greeley, Colorado 80631 Dear Fred: We have reviewed the additional information regarding the composting proposal from Morning Fresh Farms. This does answer our questions and completes our review of this proposal. The project they outline would fall under the category of "one's own waste on one's own property". As long as the project remains under that category the controls in their proposal seem adequate. Any changes in their operation might very well change that designation and necessitate additional control measures. If this were a public composting operation, we would probably require at least three (3) monitoring wells located upgradient and downgradient of the site. Given the relatively shallow groundwater level, these would not be extremely cost prohibitive. A two (2) inch well, monitored on a regular basis for nitrates and bacteriological quality would be adequate. It would be my recommendation that they install these monitoring wells, not only to provide a means to protect the groundwater, but also to protect themselves should any questions ever arise as to nitrate contamination in their vicinity. We appreciate Morning Fresh Farm's cooperation in this review. If we can be of any further service in this matter, feel free to contact me. Very t ly yours, " fickle, Director OCT 1 3 1992 \..\ Environmental Protection Services Division xc: Lanell Swanson, Planning Weld Conti Planning , • DOYLE, KLEIN, OTIS, FREY, HELLERICH & LAZAR ATTORNEYS AT LAW RICHARD N doAE SUITE 300 DENVER METRO HENRY C FREY AFFILIATED NATIONAL PLAZA (303)65G-7576 THOMAS E HELLERICH 822 7th STREET ROGER A KLEIN GREELEY.COLORADO 80631 FAX MICHAEL A LAZAR (303)353-6712 FRED L.OTIS (303)353-6700 October 6, 1992 - , ®CT 071992 11 Weld Cars, Mr. John Pickle, Director Environmental Protection Services Weld County Health Department 1517 16th Avenue Ct. Greeley, CO 80631 Re: Morning Fresh Farms Composting Dear John: Please find attached a copy of a letter dated September 30, 1992 from Mike Hoops, General Manager of Morning Fresh Farms which hopefully answers the questions suggested by you in your September 25, 1992 letter. Please call me after you have had an opportunity to review the attached letter. Sincerely, Fred L. Otis Attorney at Law FLO:cas Enclosure c: Rex Thorpe Lanell Swanson ,- \ 1i/ ING 15121 Weld Co. Road 32 Platteville, CO 80651 (303) 785 2889 (Denver Metro) 659-6003 II \cREsH 'If FARMS September 30, 1992 Mr. Fred L. Otis Attorney at Law Affiliated National Plaza, Suite 300 822 - 7th Street Greeley, Colorado 80631 Re: Response to Mr. John Pickle's letter dated 9-25-92 in reference to composting at Morning Fresh Farms. Dear Mr. Otis: As per Mr. Pickle's request, we are submitting the following information on composting at Morning Fresh Farms. The primary purpose for composting excess manure at Morning Fresh Farms is to solve our own waste problem at our own facility. We have set our quality standards to produce a horticultural grade compost because of market demand for this type of material. This eliminates the possibility of large volumes of product accumulating with no outlet. 1. The local depth to ground water is 19'6". 2. The location of the nearest well in relation to the composting area is 200 ' , and it is used for domestic purposes. The well has a completed depth of 55 feet. 3. There are no ditches in the area. The composting site has been laser leveled to drain to a lined pond. The clay/sand soil has been ripped & mixed to a depth of 12" and compacted. (See attached Invoice. ) 4. Morning Fresh Farms operates an in house lab that enables us to check total nitrogen, salts, Ph, moisture content and oxygen levels of the compost at regular intervals, (see attached field test chart) . Attached please find Woods End Research Center's description of horticultural grade compost. 5. Two different types of thermometers are used to monitor compost temperatures: A 36" Yellow Springs Instruments model 425C Celsius tele- thermometer and a 24" Reotemp Fahrenheit dial thermometer. I hope this answers all of Mr. Pickle's questions. If you need further information, please feel free to contact me anytime at 785-2889. Sincerely, tri4dle, 72--C Mike Hoops General Manager /:. , Compost Standards 3 We believe compost product standardization must distinguish the three mecha- nisms whereby composts may be defined: COMPOST IDENTIFICATION: The purpose of compost identification guidelines is to demarcate a product based on its best possible use. COMPOST LABELING:The purpose of compost labeling guidelines is to promote fair, truthful and honest labeling of compost products. COMPOST TESTING: • All standardization efforts should be directed towards the relevant category, as suggested above, before being applied to products. In the following sections, we consider each of these categories separately. 4 STANDARDS- COMPOST IDENTIFICATION There are several levels or types of composts. Compost identification must allow for a scheme to demarcate the levels in a relevant framework which is driven by quality. ThreePRIMARY types or IDENTITIES of compost are recognized: 1. Horticultural Compost. A compost whose primary and best use is in horti- cultural applications calling for mulch, potting plants and general care of shrubs, replantings and the like. 2. Nutrient Compost. A compost containing relatively large concentrations of nutrients and therefore best suited for soil application as in fertilizer purposes for lawns, gardens and field crops. 3. Topsoil Compost. A compost of such quality sas may be deemed to be a topsoil replacer, a topsoil amendment or.fill and cover 41 t Compost Standards 4 Table 1. PROPOSED COMPOST IDENTITY GROUPS IDENTITY DESCRIPTION OF PROD- PEINCIPAL TERMINANTS GROUP UCT D HORTICULTURAL Primary use is for horticultural low in conductivity; high in or- COMPOST applications requiring a loose, ganic matter; low in nutrients; friable product as mulch, for low in density; medium to low re-potting plants and planting pH shrubs NUTRIENT COM- Primary use is to provide nu- Rich POST trients to crops via soil applica in macro nutrients; may contain tion, as to lawns, gardens and appreciable lime: medium den- field crops sity; moderate to high in con- ductivity; complied with Dept. Ag. nutrient registration rules TOPSOIL Primary use for soil replace- low conductivity; medium to COMPOST ment; landscaping; ungrading low in organic content; med- low-quality soils;fill and cover high density Secondary Types Within each primary identity class are recognized sub-classes which have to do with specific composition and modes of use and quality. Most sub-categories, particularly as relates to ingredients, are dealt with in the next section, through thelabeling process. For example,sludge compost could fall into either the Nutrient or Topsoil category, depending on analysis (dealt with in the Testing section). However, where state laws exist which govern usage of certain recycled products, a disclaimer would have to be prominently featured under the identity label. Another sub-class would. deal with different types of topsoils, since some may only be suited for daily landfill cover (e.g.MSW compost), versus others which are acceptable to the general public. The reason that designation as to ingredients is not handled in the identity classes above, is that once a material is properly composted, it loses much of its original qualities and appearance. In fact, by careful composting, a compost can be targeted for a particular desired identity; it is intent in the proposed standardization scheme to encourage it so long as proper identification and testing are ultimately applied. X Compost Standards 6 In a situation where the compost product is to be sold as Organic the terms are to be defined by OFPANA, and permit for designation as "Approved as a Soil Amendment for Organic Farming" with a sub-label indicating the appropri- ate authorized certifying agency, generally a private, non-profit State group, or by default OFPANA. It is generally not acceptable to use the word "organic", "natural", "certified" or the like without specific reference to an authority. This may not seem to be the case now, but it is likely to be nationally determined in the future. A beginning has recently been made in Leahy's Senate Bill 2108. 6 STANDARDS-- COMPOST TESTING Compost testing is a fairly well defined science when it comes to registering levels of heavy metals and other pollutants as governed by EPA and the appropriate State environmental agencies. For most uses of composts, metals are not a limiting factor, however. Where environmental traits do not trigger a restriction, the important attributes then become those which are used to ascertain compost quality in relation to IDENTITY. The following chart provides suggested test attributes of these various materials. Table 2. COMPOST TEST DETERMINANTS IN RELATION TO IDEN- TITY[1,2] IDENTITY GROUP I SUGGESTED TESTING CRITERIA HORTICULTURAL COMPOST Conductivity <2mmhos/cm; organic matter >25% bulk-density <1000 lb/yd3; 5.5-6.5; no phytotoxicity[S] NUTRIENT COMPOST Conductivity >4mmhos/cm; Macro nutrients present e.g. measurable N-P-K enough to meet most "fertil- izer" or "nutrient" standards; may have positive lime equivalency; medium density; Compliance with DOA, AAFPCO or other registration rules TOPSOIL COMPOST Conductivity <4mmhos/cm; organic content 10- 40%; density 1000-16001b/yd3; no phytotoxicity[3] Other testing standards are needed to deal with physical contamination; for example, we have suggested that MSW compost list percentage glass and grit (foreign matter) in addition to organic content. 1/ COMPOST FIELD TESTING CHART WINDROW # DATE STARTED TURN DATES: 1. 9. 17. 25. 2. 10. 18. 26 a 11. 18. 27. 4. 12 a). 26 5. 13. 21. 29. 6 14. 22. 30. 7 13. 23. 31. a 16 24. 32. TEMPERATURES: DATE TEMP DATE TEMP . DATE TEMP DATE TEMP I. a 15. 22. • 2. 9. 16. 23. 3. 10. 17. 24. 1 ' 4 11. 18. " 25. 5. 12. ' 19. ' 28. a 13. 20. 27. 7. 14. 21. 29• TEST FOR Ph, SALTS, MOISTURE AND OXYGEN: DATE Ph SALTS MOIST OXYGEN ' DATE Ph SALTS MOIST OXYGEN 1. ' 7. 2 8. a ' a. 4 110. 5. ; 11. ' a ' 12.I I • • a • BERRY CONSTRUCTION PHONE: 785-2587 P.O. BOX 529/302 DIVISION PLATTEVILLE, COLORADO 80651 • Date 7 s/ 901 Custome h o. - J/1,-4.1) c96)Unt-a GX41,11112A/7), _. itflad Project ' kef7tAtia7LeaPe Aehtde "717.14-4.-e Description of Work /W4 .1 , Av7)t zt1/4J, d .1-e.49, 4L ONE 0118-''/ g18-41/1)gc2 _ EQUIPMENT , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7.pERNR. AMOUNT T6 s6,P, / /0 /DS gs 39g0 £16o — EQUIPMENT 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Tb 8(0 ll q S rl ell 9r &P s0 8160 i A as IS s- a 8S" AO s0 h000 1 Attic , MATERIAL AA Gae:41,4621;2:1_,) 1 TQ>u q gq$ _— TEAMS:Balances duo by 10th d Mawh.Part due mounts eubjers b a 11/2%Per mach or 18%annual aenae charge \6( Work Authorized By: 1 ca T 6 _7 tit \s 41.11 :a DEPARTMENT OF HEALTH old County Plannin 1517-16 AVENUE COURT Weld Count Planning GREELEY, COLORADO 80631 ADMINISTRATION (303)353.0586 iviipe HEALTH PROTECTION (303)353-0635 COMMUNITY HEALTH (303)353-0639 • COLORADO September 25, 1992 Mr. Fred L. Otis Attorney At Law Suite 300 Affiliated National Plaza 822 7th Street Greeley, Colorado 80631 Re: Amended Use by Special Review Application of Morning Fresh Farms Amended SUP 44 Dear Fred: Glenn Mallory, Hazardous Materials and Waste Management Division, Colorado Department of Health, and Trevor Jiricek and myself of this Department have reviewed the composting proposal submitted by your client. In review it appears to us that this project could be interpreted either as "one's own waste on one's on property", or as a public composting facility. Either way, we would require the following information in order to complete our review. 1. What is the local depth to ground water? 2. Where in relation to the composting area are the nearest wells, and are they for domestic or agricultural use? What depths are they completed at? 3. Where are the nearest ditches to the composting area? What is the local surface gradient? 4. Reference is made to testing and to horticultural standards. We would like to see more information on this item. 5. What type or style of temperature probes are proposed? If you have any questions, feel free to contact me. We do appreciate your cooperation. Very trul y/r>s, �i ohn S. Pickle Director, Environmental Health LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P O BOX 326 GREELEY,COLORADO 80632 GEORGE H OTTENHOFF TEI EPHONE KENNETH F LIND (303)353.2323 KIM R LAWRENCE (303)356.9160 TELECOPIER (303)356-1111 July 30, 1992 7. ,a- .viJ) OS Os; 199 Ms. Lanell J. Swanson " Weld County Planning Department Weld County Planning 915 Tenth Street Greeley, Colorado 80631 Re: Morning Fresh Farms Amended SUP-44 Dear Ms. Swanson: On April 23, 1992 you received a letter from the Office of the State Engineer, Division of Water Resources, concluding that they could not comment on the adequacy of the water supply for the expansion of the operation until the applicant obtained a Water Court decree or a "substitute water supply plan approved by the State Engineer." Please find enclosed a letter dated July 27, 1992 from the office of the State Engineer approving a substitute water supply plan for Morning Fresh Farms. Also enclosed is my letter to the Acting State Engineer on behalf of Morning Fresh Farms accepting the substitute water supply plan as required by ¶7. Since the substitute supply plan was based on review of my letters of May 21, 1992, July 7, 1992 and July 17, 1992 I have enclosed copies of those letters and the attachments thereto. This should conclude all matters with respect to the adequacy of the water supply under Amended SUP-44. I am sure Morning Fresh Farms would appreciate approval of Amended SUP-44 at this time. If there are any other matters that need resolution before it can be approved please contact Rex Thorpe at 785-2899. Sincerely, LIND, LAWRENCE & OTTENHOFF Kim R. Lawrence KRL/j eh Enclosures xc: Rex Thorpe (w/enc) Fred Otis (w/enc) 9-20949 F\KIM\MORNTNO\SWANSONI LTR 1 ' LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (303)353.2323 KIM R.LAWRENCE (303)356.9160 TELECOPIER (303)356-1111 July 30, 1992 Mr. Hal Simpson Acting State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Re: Morning Fresh Farms Substitute Water Supply Plan Dear Mr. Simpson: This letter is to respond to your letter of July 27, 1992 approving the substitute water supply plan for Morning Fresh Farms and to notify you that Morning Fresh Farms accepts the conditions of the substitute supply plan as required by 17. Copies of this letter are being sent to the Division Engineer and Water Commissioner. In accordance with 15 an application for change of water right has been filed with the Division N° 1 Water Court and requests for change of use for Morning Fresh well permits have been submitted to your office. Sincerely, LIND, LAWRENCE & OTTENHOFF Kim R. Lawrence KRL/jeh xc: Rex Thorpe Lanell J. Swanson Fred Otis, Esq. Alan Berryman Keith Delventhal FMCIM\MORNTNG\SIMPSON3.I.TR 920943 DOYLE, -.LEIN,OTIS,FREY,HELLERICH LAZAR ATTORNEYS AT LAW RICHARD N.DOYLE SUITE 300 DENVER METRO HENRY C.FREY AFFILIATED NATIONAL PLAZA (303)659-7576 THOMAS E HELLERICH 822 7th STREET ROGER A.KLEIN GREELEY,COLORADO 80631 FAX MICHAEL A.LAZAR (303)353-6712 FRED L.OTIS (303)353-6700 July 28, 1992 Weld County Department of Planning Services Attn: Lanell Swanson 915 10th Street Greeley, CO 80631 Re: Morning Fresh Farms, Inc. Dear Lanell: The purpose of this letter is to supply the Application requirements as outlined in the Use by Special Review Procedural Guide and Application with regard to Morning Fresh Farms, Inc.'s Application to Amend Use by Special Review Permit #44:85:17 on property in the West Half of Section 15, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado. U.S.R. 44:85:17 was adopted in June, 1985, and the Weld County Planning Services staff has determined the changes requested in this Application are a material deviation from the original permit. The following information corresponds to the numerical Application requirements in the Procedural Guide: 1. A COMPLETED APPLICATION FORM IS ATTACHED. 2. A DETAILED DESCRIPTION OF THE PROPOSED OPERATION AND USE SHALL BE SUPPLIED. DETAILS FOR THE FOLLOWING HEMS, WHEN APPLICABLE, ARE REQUIRED. 2.a. EXPLAIN PROPOSED USE. The Applicant is requesting an amendment to its presently existing Use by Special Review Permit 44:85:17 which allows the Applicant to operate a commercial table- egg production complex as approved on the plot plan. The proposed amendment would allow the Applicant to complete the infrastructure necessary to operate the 920949 Weld County Planning Services July 28, 1992 Page 2 facility. See the proposed Use by Special Review map which delineates the existing structures and proposed structures and the attached list labeled "Planned Construction." When completed, there will be capacity for 2,410,000 birds (layers and brooders) on Applicant's property. 2.b. EXPLAIN NEED FOR USE. The Applicant is the principal supplier for local Safeway and several food distributors including McDonald's and Nobel/Sysco(a food distributor)which serve Colorado and the mountain states. Their current production averages around four million eggs each week (330,000 dozen). These eggs come from approximately 840,000 chickens. In addition to the 28 egg production houses, there are six brooder houses located in the southeast corner of the property. 2.c. EXPLAIN THE TYPES OF EXISTING USES ON SURROUNDING PROPERTIES. The surrounding uses are agricultural and compatible with Applicant's egg production facility. 2.d. THE DISTANCE OF THE PROPOSED USE TO RESIDENTIAL STRUCTURES IN EACH DIRECTION. 1. South. 200' to 300' to Sarchet family residence. 2. West. At least one mile on Weld County Road 32 to a residence. 3. North. More than one mile to Joe and Martha Raith's residence; i.e., the principals in Morning Fresh Farms, Inc. 4. East. Five residences ranging from 1/a mile to '/a mile distance from this Special use Permit area. 920349 Weld County Planning Services July 28, 1992 Page 3 2.e. THE MAXIMUM NUMBER OF USERS, PATRONS, MEMBERS, AND BUYERS. There are approximately three customer trucks (semi-trucks) that pick up eggs each day. On Saturdays, Applicant opens its facility to the public and they have up to 100 customers on that day only. 2.f. THE NUMBER OF EMPLOYEES, NUMBER OF SHIFTS, AND HOURS OF OPERATION. Applicant employs up to 60 employees during one shift; i.e., 7:00 a.m. to 5:00 p.m. 2.g. THE TYPE OF WATER SOURCE FOR THE PROPOSED USE. The Applicant has sufficient water from existing wells as decreed and permitted. This includes five commercial wells(#5-42346,#6-43179, #7-44315,#8-0164329F, and #3-10548F); and three irrigation wells (#6362F, #6363F and #10708RF). 2.h. EXPLAIN THE ACCESS ROUTE(S) TO BE UTILIZED FOR THE PROPOSED USE. Via Weld County Road 32. 2.i. EXPLAIN THE TYPE, SIZE, WEIGHT AND FREQUENCY OF VEHICULAR TRAFFIC ASSOCIATED WITH THE PROPOSED USE. There are approximately 30 employee vehicles (pickups, passenger cars, etc.), three semi-trucks carrying grain per day in the fall only, three customer semi- trucks per day picking up eggs and on Saturdays only, up to 100 vehicles of customers buying eggs (Saturdays, 8:00 a.m. to 3:00 p.m. only). 2.j. THE TYPE OF SEWAGE FACILITIES FOR THE PROPOSED USE. All waste from the chickens is either immediately dehydrated, composted or sold to local farmers. There are approved septic systems in place which adequately serve the property. 920949 Weld County Planning Services July 28, 1992 Page 4 2.k. A DESCRIPTION OF THE PROPOSED FIRE PROTECTION MEASURES ASSOCIATED WITH THE PROPOSED USE. 1. Temperature alarms are installed in all chicken houses. 2. Water system with 100,000 gallon capacity is hooked up to a 3" pipe surrounding the property, capable of being hooked up to a hose for fire extinguishing purposes. 3. Applicant has a small fire truck on premises. 4. There are fire walls between all chicken houses. 2.1. THE TYPES AND MAXIMUM NUMBER OF ANIMALS TO BE CONCENTRATED ON THE USE BY SPECIAL REVIEW AREA AT ANY ONE TIME. Up to two million, four hundred and ten thousand birds (layers and brooders). 2.m. THE TYPE AND SIZE OF ANY WASTE, STOCKPILE OR STORAGE AREAS ASSOCIATED WITH THE PROPOSED USE. Ninety percent of all poultry waste is immediately dehydrated. It is then sold or stored in steel tanks or buildings until sold. Five to 10 percent of the poultry waste is immediately trucked to area farmers for use as fertilizer. Any remaining waste is mixed with wood shavings (85% shavings and 15% poultry waste) and sold as compost. This product is nearly odorless and is stored in windrows on seven acres adjacent to the dehydration building. 2.n. TYPE OF STORM WATER RETENTION FACILITIES ASSOCIATED WITH THE PROPOSED USE. There are no storm water retention facilities but all storm water is engineered to drain onto the remainder of Applicant's farm. 920949 Weld County Planning Services July 28, 1992 Page 5 2.o. THE TIME SCHEDULE AND METHOD OF REMOVAL AND DISPOSAL OF DEBRIS,JUNK AND OTHER WASTES ASSOCIATED WITH THE PROPOSED USE. Applicant has its own garbage truck which it takes to a commercial solid waste landfill, approximately two times per week. 2.p. EXPLAIN PROPOSED LANDSCAPING PLANS AND EROSION CONTROL MEASURES ASSOCIATED WITH THE PROPOSED USE. All landscaping is presently in place. The remainder of the Special Use area is adequately landscaped with trees, flowers, shrubs, and lawn. This is an attractive facility. 2.q. RECLAMATION PROCEDURES TO BE EMPLOYED UPON CESSATION OF THE USE BY SPECIAL REVIEW ACTIVITY. N/A 2.r. A TIME TABLE SHOWING THE PERIODS OF TIME REQUIRED FOR CONSTRUCTION AND START-UP OF THE PROPOSED USE. Applicant's use of the property as a commercial table egg production complex is presently in effect. The requested changes shown in the Application, to a large extent, represent long-range planning and will be effectuated as business permits. 3. THE FOLLOWING WRITTEN MATERIALS AND SUPPORTING DOCUMENTS ARE SUBMITTED AS A PART OF THE APPLICATION: 3.a. A STATEMENT EXPLAINING HOW THE PROPOSAL IS CONSISTENT WITH THE WELD COUNTY COMPREHENSIVE PLAN. The Weld County Comprehensive Plan indicates an intent to encourage agricultural and farm use. The proposal of Morning Fresh Farms is entirely consistent with the Comprehensive Plan since the proposed uses are agricultural in nature and will directly benefit the surrounding community and surrounding farm operations. Morning Fresh Farms buys feed from local farm operators and employs 60 employees in the Platteville community. 9249 Weld County Planning Services July 28, 1992 Page 6 3.b. A STATEMENT EXPLAINING HOW THE PROPOSAL IS CONSISTENT WITH THE INTENT OF THE DISTRICT IN WHICH THE USE IS LOCATED. The Applicant's uses are agricultural in nature and therefore very compatible with the surrounding community. 3.c. IF APPLICABLE, A STATEMENT EXPLAINING WHAT EFFORTS HAVE BEEN MADE, IN THE LOCATION DECISION FOR THE PROPOSED USE, TO CONSERVE PRODUCTIVE AGRICULTURAL LAND IN THE AGRICULTURAL ZONE DISTRICT. Applicant's property is located in the A district (agricultural), although the parcel on which the egg enterprise is located would probably not be considered prime crop land because it is primarily sandy soil. Nevertheless, all land not taken up by the structures on Applicant's property will be employed in crop production. Sprinkler irrigated fields of alfalfa and corn are a significant part of Applicant's property. A diligent effort has been made to conserve crop land and to maximize production on all land not directly employed in the poultry enterprise. The proposed expansion described in this Application will not cause productive land loss. The additional structures will take only a relatively minor portion of the property. 3.d. A STATEMENT EXPLAINING THERE IS ADEQUATE PROVISION FOR THE PROTECTION OF THE HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF THE NEIGHBORHOOD AND THE COUNTRY. Applicant has the reputation of being one of the cleanest poultry operations in the United States. 3.e. A STATEMENT EXPLAINING THE USES PERMITTED WILL BE COMPATIBLE WITH THE EXISTING SURROUNDING LAND USES (INCLUDE A DESCRIPTION OF EXISTING LAND USES OF ALL PROPERTIES ADJACENT TO THE PROPERTY). The existing land uses surrounding the Applicant's property are predominantly three activities: (1) field crops (corn, alfalfa, and wheat); (2) cattle feeding; and (3) natural gas production. In fact, Morning Fresh Farms engages in three of these activities; alfalfa, corn and gas, using the gas and corn in the egg operations and selling the alfalfa. The surrounding farms and businesses are not only similar and 920949 Weld County Planning Services July 28, 1992 Page 7 compatible with the Applicant's activities, but are directly benefitted and complimented by the poultry farm. The Applicant buys grain from local farmers and sells alfalfa hay and manure to them. The proposed use is merely an expansion of the already existing and operating facility. The surrounding uses, therefore, would be just as compatible with the Applicant as they are now and would benefit even more by increased purchases of grain. A description of all existing land uses adjacent to the property is as follows: All surrounding land uses of property in the immediate vicinity are agricultural in nature with some residences connected with the agricultural uses. 3.f. A STATEMENT EXPLAINING THE PROPOSED USE WILL BE COMPATIBLE WITH THE FUTURE DEVELOPMENT OF THE SURROUNDING AREA AS PERMITTED BY THE EXISTING ZONE AND WITH FUTURE DEVELOPMENT AS PROJECTED BY THE COMPREHENSIVE PLAN OF THE COUNTRY OR THE ADOPTED MASTER PLANS OF AFFECTED MUNICIPALITIES. The closest municipality to the Applicant's property is Platteville. Platteville is a community largely associated with farming and its Comprehensive Plan fosters the further development of agriculture much the same as the overall Weld County Comprehensive Plan. Therefore, the Applicant is compatible and consistent with the Comprehensive Plans of both Platteville and Weld County. Since no problems have arisen between Applicant and the Town of Platteville to-date, further development of the egg enterprise does not seem likely to create any future problems. Rather Platteville can expect to enjoy continued and increasing benefits from Applicant. 3.g. A STATEMENT EXPLAINING THE USE BY SPECIAL REVIEW AREA IS NOT LOCATED IN A FLOOD PLAIN, GEOLOGIC HAZARD, AND WELD COUNTY AIRPORT OVERLAY DISTRICT AREA; OR THAT THE APPLICATION COMPLIES WITH SECTION FIFTY (50), OVERLAY DISTRICT REGULATIONS AS OUTLINED IN WELD COUNTY ZONING ORDINANCE. Not Applicable. 920949 Weld County Planning Services July 28, 1992 Page 8 3.h. PROOF THAT A WATER SUPPLY WILL BE AVAILABLE WHICH IS ADEQUATE IN TERMS OF QUANTITY, QUALITY, AND DEPENDABILITY (E.G., A WELL PERMIT OR LEITER FROM A WATER DISTRICT). See attached copies of Well Permits and Court rulings. 3.i. A COPY OF THE DEED OR LEGAL INSTRUMENT IDENTIFYING THE APPLICANT(S) INTEREST IN THE PROPERTY UNDER CONSIDERATION. IF AN AUTHORIZED AGENT SIGNS THE APPLICATION FOR THE FEE OWNER(S), A LEI TER GRANTING POWER OF ATTORNEY TO THE AGENT FROM THE PROPERTY OWNER(S) SHALL BE PROVIDED. See Attached. 3.j. A NOISE REPORT, UNLESS WAIVED BY THE DEPARTMENT OF PLANNING SERVICES, DOCUMENTING THE METHODS TO BE UTILIZED TO MEET THE APPLICABLE NOISE STANDARDS. Not Requested. 3.k. A SOIL REPORT OF THE SITE PREPARED BY THE SOIL CONSERVATION SERVICE OR BY A SOILS ENGINEER OR SCIENTIST. IN THOSE INSTANCES WHEN THE SOIL REPORT INDICATES THE EXISTENCE OF MODERATE OR SEVERE SOIL LIMITATIONS FOR THE USES PROPOSED, THE APPLICANT SHALL DETAIL THE METHODS TO BE EMPLOYED TO MITIGATE THE LIMITATIONS. See Attached. 3.1. A CERTIFIED 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 FIVE HUNDRED (500) FEET OF THE PROPERTY SUBJECT TO THE APPLICATION. See Attached. 920949 Weld County Planning Services July 28, 1992 Page 9 3.m. A CERTIFIED LIST OF THE NAMES, ADDRESSES OF MINERAL OWNERS AND LEASES OF MINERALS ON OR UNDER THE PARCEL OF LAND BEING CONSIDERED. See Attached. 4. A USE BY SPECIAL REVIEW PERMIT PLAN MAP WHICH COMPLIES WITH THE PROCEDURAL GUIDE AND WELD COUNTY ZONING ORDINANCES IS ATTACHED. Sincerely, ----f---6-e,IP Fred L. Otis Attorney at Law FLO:cas Enclosures c: Morning Fresh Farms 92094 r 1PI,ANNEID CC3NSTRLJCTi®N A BULK STORAGE; APPROX. 50 ' X 100 ' ADDITIONS TO EXISTING METAL BUILDINGS #44 & #45 BRINGING TOTAL SIZE OF EACH TO 50' X 400' . B BULK STORAGE; APPROX. 40'X 500' CONCRETE WALLS & FLOOR, METAL ROOF, AND OPEN ON SOUTH SIDE. STRUCTURE WILL BE USED FOR SEASONAL STORAGE OF BULK DRIED POULTRY WASTE. C BULK STORAGE; APPROX. 48' X 32 ' ADDITION TO EXISTING METAL BUILDING, BRINGING TOTAL SIZE TO 48' X 120' . D STORAGE TANKS; FIVE 18 ' DIAMETER X 40 ' TALL GALVANIZED STORAGE TANKS FOR DPW. THESE TANKS WILL BE USED AS SURGE HOLDING FOR EXISTING DEHYDRATION/BAGGING OPERATION. E STORAGE TANKS; EIGHT APPROX. 42 ' DIAMETER X 40 SIDEWALL, GALVANIZED GRAIN STORAGE TANKS. 50 ,000 BUSHEL CAPACITY EACH. TANKS WOULD BE USED FOR STORAGE OF LOCALLY GROWN CORN, PURCHASED AT HARVEST TIME, AND FED THROUGHOUT THE YEAR. I� BULK STORAGE; APPROX. 48' X 150' WOOD FRAME/METAL SKIN BUILDING FOR STORAGE OF SOYBEAN MEAL. G STORAGE TANKS; FOUR APPROX. 16' X 16 ' X 40 ' RECTANGULAR TANKS, LOCATED OVER EXISTING MOTOR TRUCK SCALES AT EXISTING FEED MILL. WOULD BE USED FOR STORAGE AND LOADING OF CHICKEN FEED FOR DELIVERY TO LAY AND BROODER HOUSES. II TANK FARM; ABOVE GROUND STORAGE FOR APPROXIMATELY 16 ,000 GALLONS OF FARM FUEL NOW EXISTING UNDERGROUND. I MACHINERY STORAGE; APPROX. 30 ' X 200 ' WOOD FRAME/METAL SKIN BUILDING. TO BE USED FOR STORAGE OF FARM EQUIPMENT AND VEHICLES. J GREEN HOUSES; SIX APPROX. GALVANIZED STEEL FRAME, VINYL SKIN GREEN HOUSES. TO BE USED TO GROW VEGETABLES. K PROCESSING & STORAGE; WOOD FRAME/METAL SIDING BUILDING TO PROCESS AND STORE FRESH VEGETABLES. L GENERATOR BUILDINGS; 12 ' X 18' METAL BUILDINGS TO HOUSE EMERGENCY POWER GENERATORS. M COLD STORAGE; APPROX. 250' X 100' METAL BUILDING FOR SHORT TERM EGG STORAGE, LOCATED AT NORTH END OF EXISTING PROCESSING BUILDING. N LAYER HOUSES; WOOD FRAME/METAL SIDING STRUCTURES FOR EGG PRODUCTION. O BROODER HOUSES; WOOD FRAME/METAL SIDING STRUCTURES FOR CHICK PRODUCTION. P EMPLOYEE RESIDENCES; WOOD FRAME/BRICK TRIM. Q DEHYDRATOR; EXPAND EXISTING NATURAL GAS FIRED DEHYDRATOR IN ORDER TO PROVIDE SUFFICIENT CAPACITY TO DRY ADDITIONAL POULTRY WASTE. 920949 tirTI(or. ‘ DEPARTMENT OF PLANNING SERVICES PHONE(303)358.4000,EXT.4400 915 10th STREET ID GREELEY,COLORADO 80631 O • COLORADO July 20, 1992 Mr. Rex Thorpe Morning Fresh Farms 15121 Weld County Road 32 Platteville, CO 80651 Dear Rex: Thank you for your letter of July 9. As we discussed last week, the Board of County Commissioners has decided not to release building permits for the four grain storage bins you requested. Thank you for keeping us informed of the progress you are making toward resolving the water issues on the property. Please let me know if you have any questions. Sincerely, C7Y10,---L2C,4- Lanell J. Swanson Current Planner LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVVENIH AVENUE P.O.BOX 326 GREEFLEY.COLORADO 80672 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (303)J53-2327 IGM R.LAWRENCE (J03)3564160 TELECOP07L (303)356.1111 TRANSMITTED BY FAX July 17, 1992 Mr. Brian Ahrens Office of the State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Re: Morning Fresh Farms Substitute Supply Plan Dear Brian: In response to your recent request to define the number of acres that will be reduced during the period of the substitute supply plan I am providing the following information. Each layer house holds 30,000 birds and requires .96 acres which includes necessary access roads. Based on the figures previously provided you, 5.5 gallons per day per 100 birds, one layer house requires 1.85 acre-feet per year. Consumptive use from .96 acres of alfalfa, based on the 2.28 acre-feet per acre previously submitted equals 2.18 acre-feet of consumptive use. Therefore, building one layer house removes .96 acre of alfalfa resulting in a decreased consumption of 2.18 acre-feet per year and an increase in consumption by the birds of 1.85 acre-feet per year. A net gain of 0.33 acre feet to the system. For purposes of this substitute supply plan Morning Fresh is not concerned about the difference between these figures. Morning Fresh projects construction during the period of the substitute supply plan to be a minimum of 2 houses up to a maximum of 7 houses depending on economic factors. Therefore, a minimum of 1.9 acres of alfalfa will be eliminated up to a maximum of 6.7 acres. I suggest that as a term and condition of the substitute supply plan you require .96 acre of alfalfa to be reduced for each layer house added to the Morning Fresh facilities. That will give them the flexibility to construct as necessary, and yet will remove sufficient acreage to maintain equivalent consumptive use. It is also an observable and administrable term and condition. F:UIl1MORNING1AHRE11S1.LTR 4 4 920949 I understand this is the last item prior to the substitute supply plan's approval. Morning Fresh appreciates your quick review and would further appreciate your prompt issuance of the substitute supply plan. Sincerely, LIND, LAWRENCE & OTTENHOFF L.:. _ Lpji.o.,,,,c_.___ Kim R. Lawrence KRIJjeh xc: Rex Thorpe F:UalMMORNINO1ANB lS1.LTR 920949 ' ,ice~ . Board of County Commissioners July 13, 1992 f ; Lanell Swanson, Current Plannei r4' Morning Fresh Farms Attached is a letter from Rex Thorpe, Controller, Morning Fresh Farms. The letter sets forth progress that has been made toward resolving water problems at the site and asks for building permits to be released on 4 additional galvanized steel grain storage bins--42 feet in diameter, 40 feet tall with a capacity of approximately 50,000 bushels each. The Board needs to decide whether it wishes to release building permits for these 4 bins. Release Do Not Release Work Building permits Building permits Session George Kennedy Connie Harbert Bill Kirby ."-Y( Gordon Lacy Bill Webster 4,' , - o*NerNG T 15121 Weld Co. Road 32 Platteville, CO 80651 (303) 785-2889 Denver (303) 659-6003 al \FRESH FARMS U pi _A , July 9, 1992 JUL 1 61992 1 t: Weld County Planning Ms . Lanell J. Swanson Weld County Planning Department 915 - Tenth Street, Room 342 Greeley, Colorado 80631 Dear Ms. Swanson: I would like to bring you up to date on our pending request for an amended Special Use permit and would also like to apply for permits to construct four additional grain bins. As you know, the application was postponed until approval for the expansion could be obtained from the Colorado Division of Water Resources. We have been working with the State Engineers on this issue, and during a recent meeting settled on a course of action that we both could live with. While we will need to obtain permanent approval of the plan through the State Water Courts, the Assistant State Engineer is currently processing a Substitute Supply Plan which would allow us to proceed. While approval of the Substitute Supply Plan and the water court application are not guaranteed, we have been informed that our request appears to be within the accepted guidelines and approval could be expected. Within the past week, answers to several technical questions were supplied to the Assistant State Engineer. We hope to have more definitive information within the next 30-45 days. Regarding the building permit request, we would like to construct four additional galvanized steel grain storage bins . These would be 42 feet in diameter, and 40 feet tall with a capacity of approximately 50,000 bushels each. The bins would be used to store corn for use as chicken feed. We currently have 12 corn storage bins with a total capacity of 450,000 bushels. Our annual usage is 850 ,000 bushels, so at this time we are 400,000 bushels short of being able to store a year' s supply. We strongly prefer to purchase the entire year' s supply each year during corn harvest for the following reasons: a) it is the time of year when the best quality corn is available at reasonable prices, b) if we have the corn in our possession we can insure that the quality is maintained, c) we don' t have to worry about delayed deliveries due to trucking problems or bad weather, d) we know what our feed costs will be and can therefore make commitments to our customers based on those costs, e) we prefer Ms . Lanell J. Swanson Weld County Planning Department July 9, 1992 Page Two buying corn from our neighbors rather than grain brokers who ship it in from out of the area. Our request to add these bins is based on current economic and operating needs, not plans for the future expansion. These bins are needed whether we expand or not . Additionally, we feel that this construction will provide economic benefits to local farmers, the construction firms involved, and to Weld County through an increased tax base. While we would prefer to wait until our Amended Special Use Permit is approved, we would not be able to have the bins constructed in time for corn harvest this Fall. Thank you for your consideration of this matter. Please feel free to call me at 785-2889 if you have any questions or concerns. Best Regards, ,a.11 - Rex L. Thorpe Controller RLT/jmb LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING loll ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (GM R.LAWRENCE (303)333-2327 (303)3369160 TE-ECOPIFR (303)356-1111 July 7, 1992 Dr. John Eckhardt Assistant State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Re: Morning Fresh Farms Substitute Supply Plan Dear John: I have reviewed your letter of June 5 with Morning Fresh Farms and provide you the following requested information: 1. Morning Fresh believed the Amended Special Use Permit#44:85:17,previously sent you, provided it approval to add operating capacity. Morning Fresh has made contractual commitments to supply additional eggs and fertilizer products to current and new customers. Unfortunately, the Weld County Planning Department has refused to issue the needed building permits until a further Amendment to the Special Use Permit is approved by the County Commissioners. Although an application for the necessary Amendment was submitted on September 3, 1991, the Weld County Planning Department has not yet issued the amended permit and will not do so until the Division of Water Resources notifies it that an adequate water supply is available. By letter of April 23 1992 your office advised Weld County not to issue the amendment until a substitute supply plan was approved. This delay has caused Morning Fresh Farms loss of sales and excessive operating expenses for the past several months. Morning Fresh anticipates that these problems will become much more severe over the next months, especially if it is delayed by the time required to complete a Water Court proceeding, at least six months, and is unable to start construction of any additional chicken houses before fall. If it is unable to expand production, the company will certainly lose new accounts to an out of state egg producer. Given the nature of the plan proposed, the reduction of historic irrigation use to offset the increased bird use, there is little possibility for unforeseen injury to vested rights. F:11CII4I1 MO RNING\ECKHARD I.LTR ( ( 920949 • 1111 • 2. The technical information provided herein, except 15, was provided by Rex ''norce, controller at Morning Fresh. If you have any technical questions I suggest we set up a conference call and you can speak to him directly. The figures at page 2 of my May 21, 1992 letter were an estimate which was based on actual water usage for part of the year. Actual meter readings for the first 294 days of 1991 were used to determine a daily average usage which was then used to estimate a full year's usage, resulting in a figure of 52.7 acre-reet. Morning Fresh checked historic use based on actual data for the entire 1991 year. A meter located at the pump house/cistern that serves all water usage except irrigation is read, recorded and reset five to six days per week. Based on these readings Morning Fresh used 15,376,522 gallons (or 47.2 acre-feet) for the 52 weeks ended 12-29-91. This level of usage is comparable to the historic consumptive use. Although records prior to 1991 are somewhat limited, daily usage has been in the 42,000 gallon range (47 acre-feet/year) for the past few years. Morning Fresh began recording total daily usage in October 1990 and records for layer consumption were started in July 1988. (See Exhibit 1- Capacity and water consumption history) 3. Estimated consumptive use for the proposed uses is based on actual measured historic use for the entire year of 1991 and the first five months of 1992. The actual use was converted to use per 100 birds which is a standard industry measurement. The actual usage Derr 100 birds was then used to project future usage. The calculations are as follows: From measured consumption data between 7/1/88 and 10/18/91, on average Morning Fresh layers consume 4.7 gallons per 100 birds per day. This is consistent with information contained in the management guides provided for both ISA Babcock, it's primary bird and Dekaib Delta, it's secondary bird. (Exhibits 2 and 3) From information supplied by these firms, Morning Fresh has also determined that it's growing birds/pullets consume an average of 2.56 gallons per 100 birds per day. Based upon actual bird numbers for 1991, the break down of water consumption as follows: Average layer #for year = 717,551 X 365 days X .047 gal/day = 12,309,587 gallons Der year. 12,309,587 gallons divided by 325,900 gal/acre-foot = 37.8 acre-feet per year. Total pullets raised 541,320 X 18 weeks X .0256 gal/day = 1,746,082 gallons per year divided by 325,900 gal/acre-foot = 5.36 acre feet per year. Egg washing consumes 1,100 to 1,300 gallons per day (438,000 gal/yr or 1.34 acre-feet) per manufacturers specifications. During 1991 there were three residences. Morning Fresh used your office's figure of .3 acre- feet/year per residence or .9 acre-feet/year for all three. RECAP GALLONS ACRE-FEET Calculated Layer Consumption 12,309,587 37.8 Calculated Pullet Consumption 1,746,082 5.4 Balance is consumed by egg washing, drinking, residential & sanitary use 1.320.853 41 TOTAL MEASURED CONSUMPTION 15,376,522 47.3 F:IKIINIMORNING1ECICHARDI.LTR 920949 • • Your Water Encyclopedia reference is generic as to all types and breeds of birds some of which are much larger species than the Dekalb Delta and ISA Babcock. Water use has declined over time due to the factors set out on Exhibit 1. Morning Fresh's figures are based on 10 years of measurements. 4. Morning Fresh research has indicated that for this climate, one acre of greenhouse requires approximately 7,500 gallons of water per day to grow vegetables and cool the greenhouse. Sources: Hydro-Gardens, Inc., Colorado Springs and American Greenhouse Vegetable Growers Association. Based on a maximum practical growing season of 300 days this totals 6.9 acre-feet per acre of greenhouse. (300 X 7,500 = 2,250,000 divided by 225,900 = 6.9 acre-feet per year. It anticipates a maximum of two acres of greenhouses which would require 14 acre-feet per year. 5. The estimate of the consumptive use of alfalfa at 2.28 acre-feet per acre is based on TR 21, which includes effective precipitation. See Exhibit 4 prepared by Forrest Leaf. 6. All diversion points will be metered or gauged. 7. Morning Fresh will read all meters and gauges at least monthly and provide annual reports to the Division Engineer until the Water Court approves a decree. it is unclear to me what other information you wish to have reported monthly. 8. The plan is intended to be permanent and an application for change of water right ::as been drafted and will be submitted to the Water Court this month. As a result of the use of actual measurements for all of 1991 Morning Fresh amends :e requested Substitute Supply Plan as follows from page 3 of my May 21 letter. PROPOSED USES: The enlargement of the facility as proposed to Weld County will increase the consumptive use to 140.5 (previously 145.98) acre-feet per year. This is broken down as follows: Use Acre-Feet Per Year 2,000,000 layers 105.3 1,000,000 pullet usage 9.9 Egg washing, sanitary, residential 11.3 Two acres of greenhouse 14.0 TOTAL 140.5 The above figures were calculated as follows: Layers: 2,000,000 X 365 days X .047 gal/day = 34,310,000 gal/yr. 34,310,O00 gal/yr divided by 325,900 gal/acre-foot = 105.3 acre feet. F:\IQIMMORNTh GIF.QQ{ARDI.LTR r 920949 S Pullets: 1,000,000 X 18 weeks X .0256 gal/day = 3,225,600 gal/yr. 3,225,600 gal/yr divided by 325,900 = 9.9 acre-feet per year. Egg washing, Drinking etc. 3,671,221 gallons or 11.3 acre feet. Greenhouse usage - 7,500 gallons per day per acre, 300 day maximum growing season. 7,500 gal X 2 acres X 300 days = 4,500,000 gallons. 4,500,000 divided by 325,900 = 13.8 acre-feet. Projections for future water consumption are based on actual usage during 1991 and general data gathered previously. Additionally, the following information was taken into account. 1. Over the past several years, Morning Fresh observed a slight decline in the volume of water used on a per bird basis. 2. During 1989, all chicken waterers were converted from the "cup type' :o nipple drinkers. This has resulted in lower consumption due to less evaporation and spillage. 3. Egg type hens have continually been bred down in size to make them more efficient. This has resulted in lower consumption of both feed and water. 4. In the mid 1980's egg gathering was fully mechanized which reduced the work force by nearly 50%, with a corresponding decrease in sanitary water needs. 5. The ratio of mature layers to pullets and brooding chicks is typically very .;onstant. Morning Fresh raises all chicks from one day of age and does not buy pullets. Therefore, at all times it must have replacement birds in various stages of growth to replace the older birds when they are no longer productive (105 weeks of age). Since the facility will be constructed on what is now an irrigated alfalfa field a reduction in acreage will occur in both the Northwest Quarter and the Southwest Quarter as follows: Irrigated Dryland Roads Sc Location Acres Acres Buildings T.Q..411 NW 1/ 108.0 0.0 52.0 160 SW 1/ 47.8 19.8 92.4 160 Total 155.8 19.8 144.4 320 Net Change -41.0 -29.1 +70.1 — PROPOSED PLAN: Morning Fresh Farms' proposed plan is to main in the historic consumptive use of ground water at the same level thereby avoiding any expanded ground water consumption. Historic augmentation of consumptive use will be maintained. Since the expanded facility will require 140.5 acre-feet of water and the existing facility requires 47.2 there is an P:UCM\MORNING\ECIQfARD 1.LTR 920949 lb 411 increased consumptive use of 93.3 acre-feet. Construction of the new facility will require a reduction in irrigated acres and Morning Fresh Farms proposes to eliminate 41.0 acres of irrigated alfalfa production. Consumptive use of alfalfa is 2.28 acre-feet per acr€, according to TR 21 (Exhibit 4), resulting in a consumptive use credit of 93.5 acre-feet. Since the reduction in irrigated alfalfa consumptive use will off-set the increased use from the operation there will be no net increased ground water use. Morning Fresh Farms appreciates your prompt review of this substitute supply plan. If you have any questions you or your staff should feel free to call me. Sincerely, LIND, LAWRENCE & O EENHOFF 4 C-C144..eetAt_A„ Kim R. Lawrence KRL/jeh xc: Alan Berryman Keith Delventhal Brian Ahrens Rex Thorpe F:1IIi\MO RNIN0IF.CKHARD l.LTR 92°949 c LIND, LAWRENCE & OTTENHOFF ATtORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (303)353.2323 KIM R.LAWRENCE (303)3569160 TELECOPIER (303)356.1111 May 21, 1992 Mr. Hal Simpson Acting State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Re: Morning Fresh Farms Substitute Supply Plan Dear Hal: Morning Fresh Farms has pending before Weld County a request for additional buildings which would allow them to enlarge their egg production facility. A copy of Amended SUP-44:85:17 which specifies the operation standards is enclosed for your reference. A review of the operation standards shows that there is no limit as to the number of birds imposed by Weld County. In conjunction with approving building permits Weld County has requested comments from your office concerning water supply. Morning Fresh proposes to file an application in Water Court and applications to amend the well permits, but pending approval of those matters, and since the only real issue is augmentation, requests your approval of the following substitute supply plan and communication to Weld County that water supplies are adequate. The owners of Morning Fresh Farms and I have met with Dick Stenzel and John Schurer to review their options for providing water to the enlarged facility. Morning Fresh has five wells, Well N2 3-10548-F, Well N2 42346, Well N2 6-43179, Well N2 7-44315 and Well N2 8-016439-F decreed in 85-CW-189 as "commercial for the watering of approximately 900,000 chickens, for egg washing, for drinking and sanitary facilities, for domestic uses and for use in four single family dwellings." There is sufficient decreed capacity to provide water to the expanded facility. The wells are augmented through GASP. One of the issues raised by Dick and John was the reference in the decree, in 85-CW-189, to the "watering of approximately 900,000 chickens." . While this can be viewed as a historic use limitation on the wells we do not believe it was intended as such and, if so, it is an error that should be corrected. Morning Fresh Farms has F:IUM\MORNINO\SIMPSON l.LTR 920349 been in business since 1970 and the number of birds has steadily increased as the business enlarged. I enclose for your reference a portion of the application which resulted in amended SUP-44:85:17. As you can see the plan at the time was 900,000 laying hens, 180,000 brooding chicks and 180,000 growing pullets for a total 1,260,000 birds. There is further evidence that Weld County did not impose the limitation. Amended SUP-44:85:17 shows 39 laying houses. The 9 houses at the north end of the property each has a capacity of 50,000 layers and the rest each have a capacity of 30,000 for a total of 1,350,000 layers. The 9 brooders on the south portion of the property each have a capacity of 30,000 for a total of 270,000. The total number of birds that could be housed in the facilities approved, therefore, are 1,620,000 chickens. As the application indicates, expansion was not necessarily intended to be limited, but applicant wished to grow with market demand. If you review the operation standards you will note there is no limit on the number of chickens and the operation standards do not adopt the specific numbers identified in the application. It is our position that Morning Fresh Farms should be allowed to expand their facility as long as they do not exceed their decreed capacity under their well permits and Court decree. We ask you not to view the "approximately 900,000" reference in the decree as a use limitation. The real limitation should be the diversion from the wells for commercial operation. This will not provide unlimited water to Morning Fresh. The uses require a certain flow rate and since that rate is limited by decree it imposes a limit on the size of the operation. Since there is sufficient decreed capacity to meet the proposed use on the property it appears appropriate to determine no substitute supply plan is necessary and you should direct a letter to Weld County indicating that there is sufficient water for the facility. If, at this point, you determine that the "approximately 900,000" statement in the decree does serve as a limitation, then we ask your approval of the following substitute supply plan, since Morning Fresh Farms needs to proceed, one way or the other, to construct its facilities. CURRENT USE: Current use, calendar year 1991, for the existing facility was determined by calculation based on measurements made in 1990 and was 52.7 acre-feet. This includes water for 840,000 layers, 180,000 growing bird capacity, egg washing, drinking and sanitary and domestic uses. The egg facility is located in the Southwest Quarter of Section 15, Township 3 North, Range 66 West, Weld County. Well N21-6362-F,Well N22-6363-F and Well N24-10708- F provide irrigation of alfalfa on both the Southwest Quarter and the Northwest Quarter of that section. The new buildings will be located on the Northwest Quarter although there will be some improvements on the Southwest Quarter. Current uses on the two quarters is summarized as follows: Irrigated Dryland Roads & Location Acres Acres Buildings Total NW'/ 144.0 16.0 0.0 160 • SW'/ 12_,I 32.9 74.3 160 Total 196.8 48.9 74.3 320 F:KIMIMORNINO\SIMPSONI.LTR • ( . 920949 PROPOSED USES: The enlargement of the facility as proposed to Weld County will increase the consumptive use to 145.98 acre-feet per year. This is broken down as follows: Use Acre-Feet Per Year 2,000,000 layers 96.32 410,000 growing bird capacity 14.34 Egg washing, sanitary, residential 21.32 Two acres of greenhouse 14.00 TOTAL 145.98 Since the facility will be constructed on what is now an irrigated alfalfa field a reduction in acreage will occur in both the Northwest Quarter and the Southwest Quarter as follows: Irrigated Dryland Roads & Location Acres Acres Buildings Total NW'A 107.1 0.0 52.0 160 SW 1/4 47.2 20.4 92.4 160 Total 154.3 20.4 144.4 320 Net Change -42.5 -28.5 +70.1 --- PROPOSED PLAN: Morning Fresh Farms' proposed plan is to maintain the historic consumptive use of ground water at the same level thereby avoiding any expanded ground water consumption. Historic augmentation of consumptive use will be maintained. Since the expanded facility will require 145.98 acre-feet of water and the existing facility requires 52.7 there is an increase of 93.28 acre-feet. Construction of the new facility will require a reduction in irrigated acres and Morning Fresh Farms proposes to eliminate 42.5 acres of irrigated alfalfa production. Consumptive use of alfalfa is generally 2.2 acre-feet per acre resulting in a consumptive use credit of 93.5 acre-feet. F:UQMMORNIN O\SIMFSON I.LTR ( ( 920949 Since the reduction in irrigated alfalfa consumptive use will off-set the increased use from the operation there will be no net increased ground water use. Morning Fresh Farms appreciates your prompt review of this substitute supply plan. If you have any questions you or your staff should feel free to call me. Sincerely, LIND, LAWRENCE & OTTENHOFF L,...,_____LA.„„......_ Kim R. Lawrence KRL/jeh xc: Bill McIntyre Dick Stenzel John Schurer Rex Thorpe F:K1M\MORN ING\SIMPSON I.LTR ( 920949 . e ill lk way of moving specific inventories. However, because they constitute less i1/ than 1: of our total sales, expansion of these retail sales would be fairly insignificant and easily managed.if 5.e. (not included in Procedure Guide) 5.f. TYPES AND MAXIMUM NUMBERS OF ANIMALS TO BE CONCENTRATED ON THE SITE AT ANY ONE TIME The Special Use Permit granted Morning Fresh Farms in April of 1970 stipulated the following maximum numbers and types of chickens: Brooding Chicks 120,000 Growing Pullets 12.0,000 Laying Hens 500,000 • Total 740,000 Currently (February 15, 1985), Morning Fresh Farms has 697,792 birds total. Under the proposed revised Special Use Permit we would be allowed to increase these amounts by: Brooding Chicks 180,000 Growing Pullets 180,000 Laying Hens 900,000 Total 1,260,000 These figures do not constitute our steadfast intent, but rather would allow us to grow with market demand, to be flexible and able to make long range plans, and to not be constrained by limits imposed 15 years ago when this industry was quite different. Expansion would be periodic, with gradual, even growth in all three bird categories. There are currently 63 egg producing companies in the United States with a 9 ( 920949 ,i million or more layers, the largest having 10 million (Poultry Tribune, December, 1984). These 53 companies account for 5" of the nation's egg supply, and it is projected further expansion and consolidation will occur as per unit profit margins decrease and competition increases. In California and the Midwest, the egg industry has found it practical and economical to develop single-site concentrations of layers in the three to five million range. In order for Morning Fresh Farris to continue prospering, for its own and the community's sake, it needs to be allowed to change with the economic dicta:es of its industry and the times. At this point, that means expansion. Morning Fresh Farms is regarded as one of the most efficient and clean egg operations in the United States. This has been achieved by anticipating future trends, doing things "right" from the start, and by making concerted efforts in all areas to do the best job possible. Expansion will not jeopardize these attributes, but actually will allow us to do an even better job. Further economics of scale; larger, more efficient equipment; more managers with more areas of expertise; more specialized workers ; more thorough and efficient use of resources and facilities; and stronger market share will all contribute to continued success and an orderly expansion. 5.g. TYPE, NUMBER AND USES OF THE PROPOSED STRUCTURES TO BE ERECTED Morning Fresh Farms currently has 26 chicken houses in operation (February 1985). All are one story, steel-sided, wood frame buildings, on concrete slabs, with controlled environments. The three brooder houses are 40' x 360' each (photo 5). Twelve of the older lay houses are 40' x 340', and the eleven newer lay houses are 41' x 360' (photos 4 and 11). The proposed revised Special Use Permit would allow the construction of four more brooder houses, as shown by the attached plot plan, with each brooder having a 1 (- 920949 t LIND, LAWRENCE & OTTENHOFF A 1'IURNEYS AT LAW 771E LAW BUILDING 1011 ELEVENTH AVENUE P O BOX 326 GREELEY,COLORADO 80632 GEORGE H OTTENHOFF TELEPHONE KENNETH F LIND (303)353.2323 KIM R.LAWRENCE (303)356-9160 TELECOPIER (303)356.1111 February 25, 1992 Purushottam Dass, P.E. D I Uj95.-j Water Resources Department Division of Water Resources FEB 2 G 1992 1313 Sherman Street, #818 Denver, Colorado 80203 G��P°�'em yt'J@aa�iaag Re: Morning Fresh Farms, Amended SUP-44, Weld County, Section 15, Township 3 North, Range 66 West of the 6th P.M. Dear Mr. Dass: This letter is in response to your letter of September 19, 1991 to Lanell J. Swanson, Weld County Planning Department with respect to Morning Fresh Farms proposal to increase the number of birds at their facility from 1,000,000 to 2,000,000 and to add a 90,000 square foot greenhouse for vegetable production. The actual use over the past 12 months for the existing facility was 49.5 acre-feet. Based on these measurements the estimated water supply for the proposed expanded facility will be no more than 125 acre-feet, 14 acre-feet is attributable to the greenhouse and the balance to the bird facilities. Applicant has sufficient water from its existing wells as decreed and permitted so no additional structures are required. Applicant has two units of GASP which are sufficient to cover the pumping of the current 49.5 acre-feet and up to the proposed 125 acre-feet. One unit of GASP covers the pumping of 100 acre-feet. I have reviewed the well decrees and permits with Morning Fresh Farms and compared them to their actual use. We have determined that the wells are being used for their decreed and permitted uses. I do not anticipate the necessity of filing any new well permits. The Larimie-Fox Hills wells, Permit NQ 29148-F, 29147-F and 29146-F are not presently being used because of poor water quality. It is true there is no augmentation plan for replacement of 4% of the diversions, but Morning Fresh intends to make no immediate use of the wells and will obtain a replacement plan prior to any use. F:1K1M\MORNING\DASS 1.LTR A map showing the location of each of the wells, the permit number, meter number and meter reading is enclosed. Well N4 7-44315, Well N4 8-016439-F and Well N4 29146-F have no meters because they are not being used. Applicant will not use those wells until meters have been installed. Please advise me if this satisfies your concerns with respect to the water supplies at Morning Fresh Farms and, if so, please advise Lanell Swanson accordingly as Morning Fresh would like to obtain approval to proceed as soon as possible. Sincerely, LIND, LAWRENCE & OTTENHOFF L.,,,(,,,,,,,,,,,.___ Kim R. Lawrence KRL/j eh Enclosure xc: Rex Thorpe (w/enc) Lanell Swanson (w/enc) FA KIM 1.LTR V l • • Sect , or+1 is .7; wiish; p ? N P�3a CG W -_.. shgoc __..._ ----- +� 4, ',,' r- • •---- 1 - 0j;l� .-._� !•28. 92. ;'.1 • aavn �� ' 4fr_ !CGLn�.c__39,78�t_g22 3 - • f;' „Z , 477,-`do_ 6-01-tons- • k'M.,+ .ski clam 4,745 ... • . S ) /L, GS0, Y•7o ba//e..r �, 0 k�,t 5y 9909.r15'3...__ .. —_/3,3` t),.960 4wl'fe,1 S e.f+,t .-?�g000 2751 : ' ;:).... .— . - --/- 57 ------ . ' • W1 a Civa. ' (11:6......4" sK goos3 21 (n' ...... Yi J 2 3, q.o &a!( 1_ ,.. @.) ' 7 all g, A.3 0 galas :yiT) 63G3/-- 1'-y di g., :Cr.- /Go m - L' " Yi sir ,,,i-© r.., _. 11/� l63 Co Z F Zr."i 3[l7,A... 40.4. N N %tl s/7 .. yoo-G.f'".7 • "V-- r I 7��ly3� J /D �.o. (�QN.Mr. rl •A '' ,,,c;),61-19/to 4.,?, =/-F 70 Av. - c-oho ►.ereia� �c •'�, . /O Y SiI F To k.v. - /'o...,..w.r: - ..( .4 )O70,8 R F - rRRis., J . yo(14. Ski g s(Jy,L.. Si;• ZS')G?"' /f7 ice.. ' J{}} b- 43/79 - Slap - Com,.oz-ve-i&I . --- • 9 S--y23 yG- BOood 6.- - re, / R•I .._..._ -_ 1,b_. 2a 1yB.F . .. . ./v.1— ?-t-i • . •::ja)-2.1u7 F . .. 1V al 4/ ... ....... ---------- ® 29 ire r 4/4.-M de 'c0d 100 Nf9H-1HOId /HS3dd ONINdOW OCC9 SOL COC I SC : 11 8E-I0-E661 \ til/ f�, LNGT� 15121 Weld Co. Road 32 Platteville, CO 80651 L1� (303) 785-2889 Denver (303) 659-6003 'FRESH FARMS February 24 , 1992 Ms. Lanell Swanson Weld County Planning Department 915 10th Street Greeley, CO 80631 Dear Ms. Swanson; Morning Fresh Farms would like to apply for permits to construct two additional structures to house layer chickens. These structures are similar to those previously constructed and are included on our Special Use Permit Plot Plan. We would, however, like the leeway to change the location of these two latest houses slightly. We feel this change of location is a very minor variation, it simply provides a better balanced and more efficient facility. A Plot Plan is enclosed which identifies this change. Location: West 1/2 , Section 15 , T. 3N, R. 66W. Value: Structure $88,000 Electrical $6, 500 Electrical Subcontractor: Thomas Electric Description: Farm Structure, 41 ' X 340' , Frame Building with Concrete Floor and Metal Siding, no plumbing In regards to our application for an amended Special Use Permit which was indefinitely continued, we feel that all of the issues regarding water sources have been adequately answered and we will be able to proceed with the application very soon. Although we would prefer to have this issue entirely resolved prior to this request , we are unable to do so due to several things that are out of our control. Morning Fresh Farms, Inc. holds the franchise for this area (Colorado and parts of surrounding states ) for a new egg product. Within the past two weeks, the appropriate federal agencies have authorized the marketing of this product. Sales are scheduled to commence within six months, and Morning Fresh is obligated to adequately supply this market or face loosing the franchise. Our projections indicate that we will not be able to produce enough eggs with our current layer capacity of 770,000 birds. We would be forced to try and purchase eggs from out of state to meet our customer' s needs. We feel it would be more beneficial to both Weld County and Morning Fresh Farms to produce the eggs here. Time is a very critical element in our planning process, we must make a number of important decisions rather quickly due to scheduling restrictions and construction lead times. For purposes of disease prevention and quality control we grow all of our replacement layers ourselves. We replace about one-half of our flock each year, and in order to do this efficiently while maintaining maximum production, we must work on a long term very detailed schedule. At this time, we have the opportunity to adjust this schedule, buy the baby chicks, and produce the birds for the two additional houses that we are requesting permits for. However, we need to decide quickly as several deadlines must be altered in order to accomplish the entire schedule change. If we can start this process within the week, we feel confident that we can have the houses constructed, the cages and feeders installed by the time the birds are ready to be housed. It would be disastrous financially, to have 55 ,000 pullets ready to house and no place to put them. Therefore we can't make any commitments regarding the scheduling of birds or the purchase of equipment until we are certain that we have a permit to construct the houses. The management of Morning Fresh Farms, Inc. would prefer to have more planning time and a less restrictive schedule but it is impossible at this time. We appreciate your assistance in this matter. Please don't hesitate to call if we may provide additional information. Sincerely, Z,(, --,)-e- Rex L. Thorpe Controller FIELD CHECK FILING NUMBER: Amended SUP-44 DATE OF INSPECTION: August 17, 1992 APPLICANT'S NAME: Morning Fresh Farms REQUEST: A Site Specific Development Plan and a Special Review permit for a livestock confinement operation (2,410,000 chickens) , a fertilizer and composting facility and a greenhouse in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 31, north of Weld County Road 32. LAND USE: N Agricultural production. E Agricultural production. S Weld County Road 32, rural residences, agricultural production. W Weld County Road 31, agricultural production. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Existing structures are as shown on the plat. This is a clean and well-kept facility. Landscaping is in place on the boundaries of the property. rrnt P t 920949 FIELD CHECK FILING NUMBER: Amended SUP-44 DATE OF INSPECTION: APPLICANT'S NAME: Morning Fresh Farms CURRENT PLANNER: Lanell J. Swanson u / REQUEST: A Site Specific Development Plan and an Amended Special vi'e't1Gpetkil9nr a livestock confinement operation (2,410,000 chicken facility, and a greenhouse in the A (Agricultural) zone drifeitlammtfPlanning LEGAL DESCRIPTION: Part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 31, north of Weld County Road 32. LAND USE: N 7I�a- E fie S /Iv W bo6u, clf"Q P. /1)/1)-.5- atak sZee 4 W - ( 6 ` W .s,c6 60 GvCR-3 ( itice� V ZONING: N A (Agricultural) E A (Agricultural) ' S A (Agricultural) W A (Agricultural) CO ENT S: : ( - toc `-�P,� w Cect,r,A. o( � , ° FI B Sept C 19CCUAZfr 7t1Ant414 320949 NOT I C E The Board of County Commissioners of Weld County, Colorado, on October 7, 1992, conditionally approved a Site Specific Development Plan and Amended Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Morning Fresh Farms 15121 Weld County Road 22 Platteville, Colorado 80651 LEGAL DESCRIPTION: Part of the WI of Section 15, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A livestock confinement operation (2, 410,000 chickens), fertilizer and composting facility, and a greenhouse in the A (Agricultural) Zone District SIZE OF PARCEL: 320 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: < ' Vl � �'r Deputy CLe)rk to the Board PUBLISHED: October 15, 1992, in the Windsor Beacon 70/45/9-2 4 920949 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 Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or 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 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. DOCKET NO: 92-55 APPLICANT Morning Fresh Farms 15121 Weld County Road 22 Platteville, Colorado 80651 DATE: September 30, 1992 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a livestock confinement operation (2,410,000 chickens) , fertilizer and composting facility, and a greenhouse in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the WI of Section 15, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 31, north of Weld County Road 32 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Betty Henson Deputy Clerk to the Board DATED: September 9, 1992 PUBLISHED: September 17, 1992 in the Windsor Beacon THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # •74 hle/tflae6 2(4 P" ity THE SIGN WAS POSTED BY: g211\- NAME OF PERSON POSTING SIGN SI ATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS �S T DAY OF ALE GG4 , 19 9 . SEAL ;e-a- -1 '- NOTARY PUBLIC KATHLEEN J.CALLOW /G' /feed k{?-1 Notary Public,State of Colorado MY COMMISS S ION EXPIRES My Comm;ir.,n EY! rer,Dec.24,i o b • LAST DAY TO POST SIGN IS: , 19 • PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES 1.) BEFORE THE DATE OF THE HEARING. SEP 0 3 1992 Wald County Planning i '• �-. AFFIDAVIT,OF PUBLICATION STATE OF COLORADO NoncE ss The Board nt Count, COUNTY OF WELD mmis;mi ner= :Veld Count, .io.,co, a• 1. ter 7, 196 y .. I, KEITH HANSEN, of said County of Weld, being duly oc t 0 T eve,Cprm;••?iah Amended Spewa, Rear., sworn,say that I am publisher of Permit for the property a,•. p� {.cse desc,iLel ha• Conoitanal approval r.f fn..,p ' WINDSOR BEACON creates a.'ested property ryM pursuant to Article 68 of Tale 24 C R S , as amended, for a a weekly newspaper having a general circulation in said period of three years County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said APPLICANT Morning Fresh Farms, 15121 Weld County weekly for / successive weeks, that the notice Road 22,Platteville,Colorado was published in the regular and entire issue of every 80651 number of the paper during the period and time of LEGAL DESCRIPTION: Part publication, and in the newspaper proper and not in a of the W 1/2 of Section 15, Township 3 North,Range 66 supplement, and that the first publication of said notice West of the 6th P.M.,Weld was in said paper bearing the date of the County,Colorado TYPE AND INTENSITY OF day of Oc-f0 law , A.D., 19 1r and APPROVED USE:A livestock confinement operation the last publication bearing the date of the (2,410,000 chickens),fertilizer and composting facility,and a greenhouse In the A day of , A.D., 19 and (Agricultural)Zone District that the said WINDSOR BEACON has been published SIZE OF PARCEL:320 acres, continuously and uninterruptedly for the period of 5 more or less consecutive weeks,in said County and State,prior to the Failure to abide by the terms date of first publication of said notice, and the same is.a and conditions of approval will newspaper within the meaning of an Act to regulate result In a forfeiture of the printing of legal notices an advertisements, approved vested property right May 18, 1931,and all prior cts r as in force. BOARD OF COUNTY COMMISSIONERS, WELD COUNTY,COLORADO BY DONALD D WARDEN, 4'CLERK TO THE BOARD P LISHER BY SHELLY K. MILLER, Sllbseri d and Worn to before me this day Published In the Windsor of a/lei✓ 19 Beacon on October 15,19112 �J, • NOTARY PUBLIC My commission expires /.z7 �(9 92°949 .0 zoning State of cos do and a.Weld r AFFIDAVIT OF PUBLICATION County Zodng Ordnance,a pubic q f"q ; hearing will be hold in the "'? . -� 1 i - ✓ STATE OF COLORADO Chambers of the Board of County )�"L. Commissioners of Weld County. SS Colorado,Weld County Ce tenidal _i; Center,91510th Saul.Feat Floor, C E COUNTY OF WELD Greeley,Colorado,at the time r - r, " specified. All persons In any l r r"" '' manner Interested in the Site I,KEITH HANSEN, of said County of Weld,being duly Specific Development Plan and sworn,say that I am publisher of Special Review Permit are requested to attend and may be heard. WINDSOR BEACON Should the applicant or any Interested party desire the a weekly newspaper having a general circulation in said presence m acrud o the reporter to CountyState, published in the town of and ub ' WINDSOR, In addition to the taped record in said County and State; and that the notice, of which which will be kept during the the annexed i a true copy,the Clerk to the Board's has been published in said Office shall be advised in writing of weekly for / successive weeks, that the notice aim anion at least five days prior was published in the to the hearing. The cost of regular and entire issue of every engaging a court reporter shall be number of the paper during the period and time of tome l>i the requestlrgparty. publication, and in the newspaper proper and not in a BE IT ALSO KNOWN that the text supplement, and that the first publication of said notice and maps so cemned by the Weld was in said a County Planning Comrdsslon may paper bearing the date of the be examined in the office of the Clem to the Board of County / A.D. 19' 2 and Commissioners,located in the 1 Weld County Centennial Center, the last publication bearing the date of the 915 10th Street, Third Floor, Greeley,Colorado. day of , A.D., 19 and DOCKET NO:92-55 that the said WINDSOR BEACON has been published APPLICANT: Morning Fresh continuously and uninterruptedly for the period of 5 Farms,15121 Weld County Road consecutive weeks in said County and State, prior to the 22 Platteville,Colorado 80651 date of first publication of said notice,and the same is a DATE'September 30,1992 newspaper within the meaning of an Act to regulate TIME:101I0a.rn. printing of legal notices an advertisements, approved REQUEST: A Site Specific May 18,1931,and all prior is r as in force. Development Plan and Special Review Permit for a livestock confinement operation(2.410,000 dddiens),fertilizer and composting fealty,and a greenhouse In the A P USHER (Agnalhuai)Zone District LEGAL DESCRIPTION:Part of the Subscri d d sw to before e this �cl day • W 1/2 of Section 15,Township 3 of / 19 North,Range 68 West of the 6th P M,Weld County,Colorado / LOCATION: East of Weld County `i�C Road 31,north of Weld County • IOT PUBLIC Road 32 BOARD OF COUNTY My commission expires COMMISSIONERS, WELD COUNTY,COLORADO BY: DONALD D. WARDEN, WELD COUNTY CLERK TO THE BOARD BY:Betty Henson,Deputy Clerk to the Board Published In the Windsor Beacon on September 17,1992 - 920949 1. ,..LD COUNTY AFFIDAVIT OF PUBLICATION c3,o e 11 r'" '^• t 7 STATE OF COLORAI50 COUNTY OF WELD. CL ` --��- ,�,�r r,r-1 t , f,w. C�3, ,, ) I, KEITH HANSEN, of said County of Weld, being duly sworn,say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said Commission will hold a The public hearing will be Bud Clemons,Chairman. County and State, published in the town of WINDSOR, public hearing on Tuesday, held In the Weld County Weld County Planning September 1,1992.at 130 Commissioners' Hearing commission in said County and State; and that the notice, of which p.m. for the purpose of Room, First Floor, Weld the annexed is a true copy, considering a Site Specific County Centennial Center, published in the Windsor has been published in said Development Plan and an 915 Tenth Street.Greeley, BeeononAuguat a tyel weekly for _ successive weeks, that the notice Amended Special Review Colorado. Comments or was published in the regular and entire issue of eve permit In the A(Agricultural) objections related to the ry zone district for the property above request should be number of the paper during the period and time of desabed below.Approval of submitted In writing to the publication, and in the newspaper proper and not in a the request may create a Weld County Department of vested v propuant to erty right Tenth Street.Services. m 3 1 supplement, and that the first publication of said notice was in said paper bearing the date of the Greeley,Colorado 80631, APPLICANT: Morning Fresh before the above date or / Farms presented at the public 6' day of , 5'T , A.D., 19 t 1 *" and hearing on September 1. LEGAL DESCRIPTION:Part 1992 the last publication bea ing the date of the of the W2 of Section 15, Copies of the application are T3N,R66W of the 6th P.M., available for public publ Weld County,Colorado. inspection in the Departmentic day of , A.D., 19 and TYPE AND INTENSITY OF of Planning Services,Room that the said WINDSOR BEACON has been published PROPOSED USE: A 342.Weld County Centennial continuously uninterruptedly livestock confinement Center.915 Tenth Street, and uninterru tedl for the period of 5 operation (2.410.000 Greeley.Colorado 80631 - consecutive weeks,in said County and State, prior to the chickens) fenillzer and aaao '3��°°°•Extend°" date of first publication of said notice,and the same is a composting facility,and a greenhouse newspaper within the meaning of an Act to regulate NOTICE OF PUBLIC printing of legal notices and .dvertisements, approved HEARIE2 LOCATION•East of Weld County Road 31,north of May 18, 1931,and all prior a , 6f'a as in force. The Weld County Planning Weld County Road 32. SIZE 240 acres, more or less SHER Subscribed and sworn to before me this 3 Li I- day of Sl r -s f' 19C 4(00/04,I j P z IoZY • NOTARY PUBLIC My commission expires C/` /e/' LjfM1DD cqgW4L, SEp 0 4 1992 • Weld County Planning • 920949 7 FLOW SHEET CASE II �,„ , 4 APPLICANT: ! Y I o-1 -v ,- a _Z� ,�) REQUEST: rem (�, yiu,nP� C..A,c..4\�� V/eii-_, 'fie 4. te._,&did, - U -" �._ ; O -fie LEGAL: lioi 4)...z Lc-,3- e G, LOCATION: (,�J 2 t�� ►-c�-a � (o C� 3 i7 DATE BY Application Received a o Application Complete 7-3D-5 Hearing Date: je,p;t ) J � /q 9 1 3 c JJ _. Utility Board Hearing Date: KbA "7-.31) 9 .-P J PC Sign given to Applicant �-a,) PC Sign posted By: Ca t, a? 1Q .-2 7 - 3, 9 Letter to Applicant Drafted Referrals Listed Public Notice Drafted7 -3, File Assembled Referrals Mailed Chaindexed 73(-9 Letter to Applicant Mailed 7-31-q,-).. Public Notice Sent Out By: 1-70 9a 1 t3i -5"a ,. -> Prop. & Mineral Owners Notified By: 62- /0- 9:)- 7--7/- 9,x Maps Prepared 8- (n- 92 Jam,&,) Field Check By DPS Staff 57 - / , l ,1- Q , Field Check-Board Member: A/y�/1 ✓tit i `' V�- Ai /� 7 -3o- V- J- _) DPS Recommendation Drafte 2- 15- q,-1 �J DPS Recommendation Typed 9,/ 9,,_ (. !) Packets Xeroxed PC/SOR Hearing Action: (� ��9L 9-/- 9. PC/BOA Resolution l,a- WrResolution Sent To Applicant 9_a-4_ Meeting Summary or Minutes Filed in Case 9.a-n� Y'"4� Case Sent To Clerk to Board LJ- 41/_ C� ,�� CC Sign Given to Applicant J / CC Sign Posted By: V CC Hearing: 9/�r�/Cf,? Action: ,4,0).-<_:,&..' �CJ _ 99c--2' _ I �� CC Resolution Received Plat and/or Resolution Recorded I00l4 --- . -"S4 - y History Card Completed 1 Recorded on Maps and Filed 1� 21 -°l2 _ 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 __25.19912-- Receipt Number 1 Q 'a) Recording Fee Receipt Number cccc ccaccc ===== ccccaccccc=accc=cccc.c cccccccocavca === TO BE COMPLETED BY APPLICANT: (please 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: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: W 1/2 Section 15 T 3 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: W 1/2 Section T N, R W i �r Property Address (if available) �� itiq `\�� I! PRESENT ZONE A OVERLAY ZONES 1yyL TOTAL ACREAGE 320 Acres JUL j )' L PROPOSED LAND USE 240 Acres t EXISTING LAND USE 180 Acres Weld County Planning SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Joseph Raith Address: 15175 Weld County Road 32 City Platteville Zip 80651 Home Telephone # 785-6182 Business Telephone # 785-2889 Name: Robert Raith Address: 15025 Weld County Road 32 City Platteville Zip 80651 Home Telephone # 785-2535 Business Telephone # 785-2889 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Morning Fresh Farms, Inc. , Lessee by Fred L. Otis, its Agent Address: 15121 Weld County Road 32 City Platteville, Zip 80651 Home Telephone # 785-2889 Business Telephone 4/ 785-2889 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: (See Attached) Address: City Zip 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 ) I----X::- :',/e/Z7.1Signature: Owner or Authorized Agent Subscribed and sworn to before me this o? a of 1992 .73. :11Y12 ..,-, _ NOTARY P LIC My commission expires V4Pce.., /7 /9/6 9949 REFERRAL LIST NAME: Morning Fresh Farms CASE NUMBER: Amended SUP-44 REFERRALS SENT: July 31, 1992 REFERRALS TO BE RECEIVED BY: August 14, 1992 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton X Extension Service Broomfield Emergency Management Office Dacono Sheriff's Office Eaton X Engineering Erie Housing Authority Evans Airport Authority Firestone X Building Inspection Fort Lupton Frederick STATE Garden City X Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Highway Department Hudson Historical Society Johnstown Water Conservation Board Keenesburg X 0"1 and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 Mead Briggsdale F-24 Milliken Brighton F-3 New Raymer Eaton F-4 Northglenn Fort Lupton F-5 Nunn Galeton F-6 \ X Platteville Hudson F-7 Severance Johnstown F-8 Thornton La Salle F-9 Windsor Mountain View F-10 Milliken F-11 COUNTIES Nunn F-12 Adams Pawnee F-22 Boulder X Platteville F-13 Larimer Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 US Army Corps of Engineers Southeast Weld F-16 USDA-APHIS Veterinary Service Windsor/Severance F-17 Federal Aviation Administration Wiggins F-18 Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS L OTHER X Brighton Central Colo. Water Conservancy Dist. Fort Collins Panhandle Eastern Pipe Line Co. Greeley Tri-Area Planning Commission Longmont West Adams COMMISSION/BOARD MEMBER X Judy Yamaguchi 920949 ,,f 0 ro EDEPARTMENT OF PLANNING SERVICES : 441Iii PHONE(303)356.4000,EXT.4400 R�CEt#� fl AUG _ 915 10th STREET fi v 3 092 GREELEY,COLORADO 80631 Illik ,. , . ,.. COLORADO ` . J _. July 31, 1992 CASE NUMBER: Amended SUP-44 TO WHOM IT MAY CONCERN: Enclosed is an application from Morning Fresh Farms for a Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) fertilizer and composting facility; and a greenhouse in the A (Agricultural) zone district. The parcel of land is described as part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 31, north of Weld County Road 32. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 14, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 P1 a er to the enclosed letter. 0 4.P.1�� . \li Signed: ncy: riA ct;oi•c:,r-i " Date: Zo Weld County Planning 9209 An , sill00.. 4iw , _ DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 Illik 91510th STREET GREELEY,COLORADO 80631 _s . COLORADO _:,_:a, L C.,':-.Vi: July 31, 1992 CASE NUMBER: Amended SUP-44 TO WHOM IT MAY CONCERN: Enclosed is an application from Morning Fresh Farms for a Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) fertilizer and composting facility; and a greenhouse in the A (Agricultural) zone district. The parcel of land is described as part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 31, north of Weld County Road 32. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 14, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please efer to the enclo d letter. I.P W.83 w Signe : Agency: Date SEP Weld County Planning 920949 (t.l• 6t:' DEPARTMENT OF PLANNING SERVICES PHONE(303)358.4000,EXT.4400 L � - 915 10th STREET L"� 1� �LORADO 80631 iiiik .1-1 AUG l�y� COLORADO Weld CoL. 7 Warming July 31, 1992 CASE NUMBER: Amended SUP-44 TO WHOM IT MAY CONCERN: Enclosed is an application from Morning Fresh Farms for a Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) fertilizer and composting facility; and a greenhouse in the A (Agricultural) zone district. The parcel of land is described as part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 31, north of Weld County Road 32. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 14, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the app opriate boxes below and return to our address listed above. 1. W- .ve reviewed this request and find that it doe /does not) comply with our Comprehensive Plan for the ollowing reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter.Signed:? p "kA Agency:ilaitewle_?[a.,,,,&., q Date: 0 -L - - e-, ,,,,.w,,SS[od tov, lti DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 O �C �VED COLORADO rAUU O 3 1992 July 31, 1992 COLO.OIL&GAS CONS.COMM. CASE NUMBER: Amended SUP-44 TO WHOM IT MAY CONCERN: Enclosed is an application from Morning Fresh Farms for a Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) fertilizer and composting facility; and a greenhouse in the A (Agricultural) zone district. The parcel of land is described as part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 31, north of Weld County Road 32. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 14, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3.XX We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. /, . Signed• G�.,, Agency: az-a t. gA,g CONS. CormrtD • .._ AUG 1 1 1992 wed cm:000Am 920949 IIIL rvalliC:1: ::' DEPARTMENT OF PLANNING SERVICES ftfl PHONE(303)356.4000,EXT.4400 0 `J I I 91510th STREET VII1 SEP GREELEY,COLORADO 80631 D e.COLORADO September 9, 1991 CASE NUMBER: Amended SUP-44 TO WHOM IT MAY CONCERN: Enclosed is an application from Morning Fresh Farms for a Site Specific Development Plan and an amended Special Review permit for a livestock confinement operation (2,000,000 chickens) to allow additional structures in the A (Agricultural) zone district. The parcel of land is described as the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 31, north of Weld County Road 32. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by September 23, 1991, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. I/ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please re r to the enclosed letter. Signed: g a412/6 040-MIszltiti-ii2:7 -...—, 114/01 -4-1 Date: FU—4 eL C e,�� , mEmoRAnDum C Lanell J. Swanson To Weld County Planning Date August 13, 1992 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Heal!''i" Subject: Case Number: SUP-44 Name: Morning Fresh Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. The facility should be required to provide some kind of protection so that leachates do not infiltrate through the surface of the ground beneath the compost piles and contaminate any groundwater table which may exist below the facility. This could be some kind of a clay-lined working area or a facility which has a synthetic liner lying underneath a blanket of sand protected by an asphalt work area. Another alternative would be to find a suitable geologic location where no ground water table would exist within a hundred feet of the surface of the ground and geologic structures are sufficient to preclude the transportation of any leachate material from the surface below into the subsurface area. 2. The facility should be designed and operated in a manner so as to prevent nuisance conditions and not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant run-off. 3. The facility should be sufficiently designed so as to control run-on and run-off of any precipitation and/or flood waters which would be associated with a significant precipitation event. All run-off which is accumulated on the site should be diverted to a lined containment pond and the contaminated water should be disposed of in a manner which protects against contamination. Probably the best method of disposal would be to incorporate the polluted water into the compost piles as method of disposal. The facility should also be protected by a berm around the outside of the facility so that flood waters cannot run onto the facility and commingle with the polluted waters associated with the composting facility itself. 4. The facility should be operated in a manner that would control any fugitive dust, blowing debris, or other potential nuisance conditions that might be carried off the site and negatively impact adjacent landowners or residents. 5. Fugitive dust shall be controlled on this site. DC AUG 1 7 1992 Weld County Planning 920949 Morning Fresh Farms August 13, 1992 Page 2 6. Adequate toilet facilities shall be provided for the public. 7. The existing septic systems for employee use are required to be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to this Division, before the required I.S.D.S. Evaluation can be performed. 8. After October 1, 1992, all construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 9. Applicant must follow the "Minimum Guidelines pertinent to Proposed Public Composting Facilities" (Excerpts from Colorado Regulations Pertinent to Solid Waste Disposal Sites and Facilities.) A copy of plans for the operation must be forwarded to the Colorado Department of Health for review and approval. JSP/jg-1643 920949 r , • M MINIMUM GUIDELINES PERTINENT TO PROPOSED PUBLIC COMPOSTING FACILl'i it:$ (Exerpts from Colorado Regulations Pertinent To Solid Waste Disposal Sites and Facilities.) Suggested minimum guidlines for the construction and operation of composting facilities utilizing [sewage sludge,] septage, yard wastes, and other compostable solid wastes. Permit Application Section (PA.) , This section describes the PA. requirements for the processing, by composting methods, of sewage sludge, septage, yard wastes and other compostable solid wastes and must contain minimum standards, a detailed engineering report and complete operational activities as outlined below. I. Minimum Standards. All facilities for solid waste disposal shall comply with the following minimum standards. A. The specific ownership or leasing arrangement of the facility. B. Identification of the personnel required and their responsibilities. C. A detailed description of the source, quality, and quantity of the solid waste to be composted, including the source, quality and expected quantity of any bulking agent or amendment (if applicable); and any expected recycling of bulking agents or compost. The description must include the annual solid waste input (both present and projected), the service area population (both present and projected), and any seasonal variations in the solid waste type and quantity. D. If sewage sludge or septage are to be composted: quality information must be submitted with the application. NOTE: Further requirements under 5CCR 1003-7 "Domestic Sewage Sludge Regulations" may be applicable. E. Such sites and facilities shall comply with the health laws, standards, rules, and regulations of the department, the Water Quality Control Division, the Air Quality Control Division, and all applicable zoning laws and ordinances. F. A site and facility operated as a composting facility shall provide means of finally disposing of wastes on land in a manner to minimize nuisance conditions such a odors, windblown debris, insects, rodents and smoke. (CO. 2.1.4). G. Sites and facilities shall be adequately fenced so as to prevent waste material and debris from escaping therefrom, and material and debris shall not be allowed to accumulate along the fence line. (CO 2.1.5). r"-- --,,, JULY 1990 -\ DRAFT COPY 920949 Y con ' en must be develo to outline the ste s t�dt will be taken if H. A twig �n ped P unapproved wastes are delivered to the composting facility; and in the event of odors, groundwater contamination, and other undesirable conditions. I. No significant aquifer recharge areas, as may be designated by the Colorado State Engineer's Office or the department's Water Quality Control Commission, shall be adversely impacted by solid waste disposal (CO. 4.13). J. Facilities for solid waste disposal shall not place wastes below or into surface water or groundwater that has a potential or existing beneficial use or that is in direct . communication with surface water or an aquifer (CO. 4.1.6). II. Eneineerine Report Section. The engineering designs of all facilities for solid waste disposal shall comply with the following standards, unless said standards are waived in accordance with section 1.3.8 of CO Regulations Pertinent to Solid Waste Disposal Sites and Facilities: (CO. 4.2). A. Site standards: all new facilities for solid waste disposal shall comply with the following standards; (CO. 4.1.1-6). 1. The topography of the site shall maximize protection against prevailing winds . on-site and minimize the amount of precipitation catchment area upgradient of the site. 2. Facilities for solid waste disposal shall not be located in floodplains. 3. Facilities for solid waste disposal shall be sited no closer to domestic wells or springs shown to tap the uppermost aquifer downgradient of the site, than that distance ground water beneath the site would flow during the facilities' operating life, unless adequate ground water protection is provided. 4. Facilities for solid waste disposal shall isolate wastes from the public and environment by emphasizing favorable geologic conditions over engineered improvements of marginal geologic conditions. B. Detailed engineering plans and specifications for the entire composting facility, including manufacturer's performance data for the selected equipment. C. Contingency plans detailing corrective or remedial action to be taken in the event of • equipment breakdown, air pollution (odors), unacceptable waste delivered to the facility, ground water contamination, spills and undesireable conditions such as fires, dust, noise, vectors, and unusual traffic conditions. D. An operation and maintenance manual. The manual must contain general design information, detailed operations information and instructions. In addition, the manual must list the procedures used in monitoring, sampling and analyzing the solid waste and compost product, and record-keeping requirements. JULY 1990 - DRAFT COPY • 920949 110 Ill E. A fact sheet and process flowdiagram that summarizes equipment si zing, actual egmp e t s ang, aeration capacity, detention times, storage capacity, and flow rates (wet weight, dry weight, and volumetric) for the system and equipment chosen. F. Eneineerine design standards. The engineering designs of all facilities for solid waste disposal shall comply with the following standards, unless waived in accordance with section 1.3.8 of Colorado Regulations Pertaining To Solid Waste Sites and . Facilities. (CO. 4.2.1-4) 1. Ground water shall be protected from water pollution by leachate from the facility for solid waste disposal. 2. Permanent surface water diversion structures remaining after closure shall control ninon and runoff from the 100 year event. 3. Geologic hazards, or conditions including but not limited to slope stability, faulting, folding, rockfall, subsidence or erosion potential, shall not prevent the disposal site and/or facility from complying with the act and these department regulations. 4. Ground water monitoring wells are designed in accordance with applicable rules and regulations pursuant to the "Water Well and Pump Installation Contractor's Act", Title 37, Article 91, Part 1,CRS 1973, as amended. G. General Data. The engineering design and operations report shall include, as a minimum, the following general data: (CO. 43.1-4) L Mailing address, county and legal description of the facility for solid wastes disposal, township, section and range; 2. Site area, in acres; 3. Type of facility for solid waste disposal proposed for the site; and 4. Discussion of facility's service area, including transportation corridors and surrounding access; 5. The location of the proposed composting area and boundary location, and location of the compost facility within the site boundaries; 6. A description of the composting facility drainage characteristics identifying the direction of both site run-on and run-off controls that now exist or will be implemented with facility construction; 7. a delineation of the composting staging and storage area; JULY 1990 - DRAFT COPY 920949 H. Geological Data. The engineering design and operations report shall include, as a minimum, the following geologic data: (CO. 4.4.1-4) L Types and regional thickness of unconsolidated soils materials; 2. Types and regional thickness of consolidated bedrock materials; 3. Regional and local geologic structure, including bedrock strike and dip, and fracture patterns; and 4. Geologic hazards, including but not limited to slope stability, faulting, folding, rockfall, landslides, subsidence or erosion potential, that may affect the design and operation of the facility for solid wastes disposal. I. Hydrologic Data. The engineering design and operations report shall include, as a minimum, the following hydrological data: (CO 4.5.1-7) 1. Lakes, rivers, streams, springs, or bogs, on site or within two miles of the site boundary. 2. Depth to and thickness of uppermost aquifers. 3. Domestic wells within one mile of the site boundary, including well depth, depth to water, screened intervals, yields and the aquifers tapped. 4. Hydrologic properties of the uppermost aquifer, including flow directions, flow rates, porosity, coefficient of storage, permeability, and potentiometric surface. 5. Site location in relation to the base floodplain of nearby drainages. 6. An evaluation of the potential for impacts to existing surface water and ground water quality from the proposed facility for solid waste disposal. 7. The existing quality of ground water beneath the proposed facility. J. Engineering data. The engineering design and operations report shall contain, as minimum, maps and plans, drawn to a convenient common scale that show: (CO. 4.63-4) 1. The location, dimensions, and grades of all surface water diversion structures. 2. The location and dimensions of all surface water containment structures, . including those designed to impound contaminated runoff leachate, sludge, or liquids for evaporative treatment. 3. Construction details for all proposed monitoring points for surface water and gound water quality and (explosive gases). JULY 1990 - DRAFT COPY 920949 • 4. The location of access roads and on-site roads. 5. The location of property boundaries and the names and addresses of all contiguous landowners. 6. The location of all water supply wells, buildings, residences, surface water bodies, and drainage vales within 1,000 feet of operator must be included. 7. Any existing and proposed elevation contours and direction of prevailing winds. III. Operational Report. This section sets forth the operational data and requirements for composting facilities handling solid waste, animal munure, yard waste, sewage sludge, and food processing waste. The report must contain the following; A. A description of the ultimate use for the finished compost and method for removal from the site and a plan for the disposal of finished compost that cannot be used in the expected manner due to poor quality or change in market conditions. B. A description of the operation of the facility, including: 1. schedule of operation including the days and hours that the facility will be open, preparations before opening, and procedures followed after closing for the day; 2. daily traffic flow to and from the facility including the number of trips by private or public collection vehicles and quantity of solid waste contained in each vehicle; 3. procedure for unloading trucks including frequency, rate, and method; 4. special precautions or procedures for operation during wind, heavy rain, snow and freezing conditions; 5. equipment used including any shredding, mixing, screening, and turning equipment; 6. the method used to collect and control surface water run-off at the site; 7. a description of any seed material in terms of its quantity, quality, and frequency of use; 8. composting time duration, time period from initiation of the composting process to completion, and distribution; 9. for windrow systems, the windrow construction including width, length, and height; JULY 1990 - DRAFT COPY 949 4101 1 . methoderatio includin turnip fre uen or mec'fianical aeration . 0 4 g g q cY equipment and aeration capacity; U. access control method; and 12. fire fighting procedures, including availability of water for fire fighting, moisture addition to the piles, control of nuisance conditions, construction purposes, and personel use. 13. for in-vessel composting systems, a process flow diagram of the entire process, including all major equipment and flow streams. C. Also for solid waste that possesses a pathogen concern (including sewage sludge, septage, and mixed solid wastes), the composting process must meet the criteria for a process to further reduce pathogens. Three acceptable methods are: (NY.360-5.3(a)) 1. Using the windrow composting method, the solid waste is maintained under aerobic conditions during the compost process. A minimum of five turnings is required during a period of 15 consecutive days when the temperature of the mixture is not less than 55 degrees Celsius within six to eight inches below the surface of the pile. 2. Using the aerated static pile composting method, the compost pile must be insulated and a temperature of not less than 55 degrees Celsius must be maintained throughout the compost pile for at least three consecutive days. Adequate aeration must be maintained to control excess odors. 3. Using the enclosed vessel composting method, the mixture must be maintained at a temperature of no less than 55 degrees Celsius throughout the mixture for at least three consecutive days. D. The composting facility must have sufficient temperature monitoring to ensure that the pathogen reduction criteria are met. For a windrow and an aerated static pile process, this may include monitoring six to eight inches below the pile surface and for an aerated static pile process, six to eight inches from the outlet of the aeration pipe. For an enclosed vessel system, this may include monitoring six to eight inches inside the vessel wall and six to eight inches from the aeration piping (when operating in the positive aeration mode). Temperature monitoring must occur, at a minimum, on a daily basis. E. The finished compost must be sufficiently stable that it can be stored or applied to land without producing nuisance problems. F. The finished compost must contain no sharp objects. G. Surface water drainage must be diverted away from the operating area. H. Ground water quality Shall be monitored upgradient and down gradient of facilities for solid waste disposal where final disposal or liquid evaporative treatment is performed. (CO. 2.23) JULY 1990 - DRAFT COPY 920949 • I. All groundwater toring points shall be installed in accord) with applicable rules and regulations of the Water Well and Pump Installation Contractor's Act", Title 37, Article 91, part 1, CRS 1973 as amended, and the water quality of samples taken from the wells shall be determined by the facility operator. (CO.22.4). J. Ground water quality concentrations shall be monitored regularly, as deemed necessary by the department and the operator on•a site specific basis. (C017 I). K All operating records shall be made available to the county board of commissioners and the department upon their request. (CO2.2.13). L The qualifications, names, and addresses of the persons operating the facility and having the authority to take corrective action in the event of noncompliance, (C0.4.7.1). M. The types and daily volumes in yards per day and/or gallons per month of wastes to be received, expected life of site. If sludge is to be received, its quality should be _ determined in accordance with department technical guidelines; (CO. 4.73). N. The number, classification, and job descriptions of personnel projected to be employed at the facility when operating at full capacity. (CO. 4.7.4) O. Number, description, and uses of all equipment projected to be employed at the facility when operating at full capacity. (CO. 4.7.5). P. Systems of records to be maintained, including incoming waste volumes, water quality monitoring results, explosive gas monitoring results, as-built construction details, and variation from approved operations procedures; (CO. 4.7.6). Q. The types and heights of fencing to be placed on-site; (CO. 4.7.9) R. Provisions to minimize nuisance conditions on-site; (CO. 4.7.10). S. Provisions for fire protection to eliminate open burning on-site; and to prevent the spread of open burning to adjoining property, (CO. 4.7.11). T. Provisions for the retrieval of windblown solid wastes, on or off-site; (CO. 4.7.12). JULY 1990 - DRAFT COPY 920949 • . • . THIS PRELIMINARY POST REGULATIONS REPORT DO OT CONTAIN THE FOLLOWING' POTENTIALLY NECCESSARY INFORMATION: L Certificate of Designation - issuance for new facilities - issuance for existing facilities 2. Inspections 3. Existing facilities compliance with new regs. 4. Exemptions -facilities accepting only yard wastes, or anything but sewage sludge, ect.. - faclities accepting only small amounts of compostables, quantities need to be decided upon. This document may contain guidelines that only pertain to sanitary landfills and may need to deleted at a later date. JULY 1990 - DRAFT COPY 92091, *.#74:4144414° DEPARTMENT OF PLANNING SERVICES PHONE(303)358.4000,EXT.4400 ' 915 10th STREET GREELEY,COLORADO 80631 � p -a COLORADO AUG 1 8 1992 11 Weld County Planning July 31, 1992 CASE NUMBER: Amended SUP-44 TO WHOM IT MAY CONCERN: Enclosed is an application from Morning Fresh Farms for a Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) fertilizer and composting facility; and a greenhouse in the A (Agricultural) zone district. The parcel of land is described as part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Weld County Road 31, north of Weld County Road 32. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 14, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. signe ,VA2 /7S Agency: 7Ievi'//P Fire Date: 8-//9/ �, 920949 Platt lle Fire Protection D rict P.O. Box 122 • Platteville, CO 80651 (303) 785-2232 Gilcrest Fire Department Platteville Fire Department P.O. Box 43 P.O. Box 568 Gilcrest, CO 80623 Platteville, CO 80651 Weld County Dept . Of Planning Services 8/10/92 915 10th Street Greeley, Co. 80631 The Platteville Fire District has reviewed the proposed expansion of Morning Fresh Farms and would like to make the following comments : We have recently conducted fireflow tests at morning fresh farms and found there system to work very well . One recommendation we would have is that all future water lines suppling fire department outlets be of a minimum of 4" in size . We believe this will provided improved fireflows and be more compatible with our equipment . We would like to work with morning fresh farms as plans are developed in the locations and placements of future hydrant locations . As the Fire District we find no conflicts with our interests, Morning Fresh Farms has shown to us to be very safety conscious and always open to us for training and inspections . As more detailed plans are available we would like the opportunity to view them and make possible recommendations on fire safety considerations . Thank you for this opportunity Sinc el__J5 -1/ 1d; __...-, Glenn Miller, Fire Marshal Platteville Fire District 920949 • diD PLATTE VALLEY 60 South 27th Avenue SOIL CONSERVATION Brighton , CO 00601 DISTRICT Phone : 6F.9-7004 August 17, 1992 Mr . Brian A. Grubb Current Planner Department of Planning Services 915 tOth Street Greeley, CO 00601 RE: Morning Fresh Farms Case No . Amended SUP-44 Dear Mr . Grubb Platte Valley So i l Conservation District reviewed this case f i I e , and found only two questions unanswered or- unaddressed . 1 . How does the local property owners and neighbors feel about this expansion? 2. How are the deceased chicken waste disposed of? We encourage these questions to be answered The rest of the proposed out l i ne adequately addresses so i I erosion control and other local concerns. We have no further comments . Siricc,rcl.y, (,- ... L�P�L , Clyde ,�(t.bett , President Board of Supervisors AUG 2 1 1992 , weld COM iy Planning 920949 STATE OF - .: O OFFICE OF THE STATE ENGINEER Division of Water Resources F'72 7 r ( 4`oF o Department of Natural Resources y o * ! 1? t 1313 Sherman Street,Room 818 CU-7M *�"•.>.:: �* Denver,Colorado 80203 TO T!:= �.:^J -./876# Phone(303)866-3581 Roy Romer FAX(303)866-3589 Governor Ken Salazar Executive Director Hal D.Simpson September 9, 1992 State Engineer Ms. Lanell J. Swanson Weld County Planning Department 915 10th Street Greeley, CO 80631 RE: Re: Morning Fresh Farms Amended SUP-44 Sec. 15, T3N, R66W, 6TH PM W. Division 1, W. District 2 Dear Ms. Swanson: We have reviewed the above referenced proposal to increase the number of birds, at this 320 acre egg production facility, from 1,000,000 to 2,410,000 and to add a 90,000 square foot green house for vegetable production. Total water requirement are estimated at 140.5 acre feet verses the current demand of 47.2 acre feet for the egg production facility. The applicants have obtained a substitute water supply plan approved by the state engineer which allocates water previously used for irrigating alfalfa to the expanded egg production and greenhouse water needs. We have no objection to the proposal and recommend approval. If you have any questions in this matter, please contact me. Sincerely, SCIA4 toiAl John Schurer, P.E. Senior Water Resource Engineer JS/morning3 cc: Alan Berryman, Division Engineer </ Bruce DeBrine �C �I Kim Lawrence ' sep �C John Eckhardt *we_ > 199? �- H t 8rr L 920949 ROY ROMER y�%�` ' ° HAROLD (HAL) D. SIMPSON Governor Acting State Engineer 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 it) Denver, Colorado 80203 (303) 866-3581 FAX[303]866-3589 APR 2 7 1992 11 April 23, 1992 Ms. Lanell J. Swanson Weld Cry planning Weld County Planning Department 915 10th Street Greeley, CO 80631 RE: Re: Morning Fresh Farms Amended SUP-44 Sec. 15, T3N, R66W, 6TH PM W. Division 1, W District 2 Dear Ms. Swanson: We have received additional information on the water supply for the above referenced proposal to increase the number of birds, at this 320 acre egg production facility, from one million to two million and to add a 90,000 square foot green house for vegetable production. The applicant estimates that the expanded operation will require about 125 acre feet annually while the current operation requires about 49.5 acre feet. The proposed water supply is to be from a number of existing wells decreed in Division 1 Water Court Case Number W-5248 and a change in use established for several wells in Case Number 85-CW-189. In Case Number 85-CW-189 the wells with permit numbers 42346, 43179, 44315, 10548-F, and 016439-F were granted a change in decreed use to "use in a poultry business and to supply domestic water to four single family dwellings." This decree specifies commercial use for the watering of approximately 900,000 chickens. The proposal to expand the operation will require an expansion of use of one or more of the wells. This being the case, a Water Court Decree for the expanded use of the wells and augmentation of stream depletions will be required. Also new well permits will be required for the expanded use of the wells. The proposed water supply also includes several wells in the Laramie Fox-Hills aquifer in an area where 4 % of diversions must be replaced. Currently these wells are not being used because of water quality problems and the required replacement plan has not been applied for. We can not comment on the adequacy of the water supply for this expansion of operation until the applicant obtains the Water Court decree discussed above or a substitute water supply plan approved by the State Engineer. If you have any questions in this matter, please contact John Schurer of this office. Sincere Purushottam Dass, P.E. Supervising Water Resource Engineer PD/JS/morning cc: Alan Berryman, Division Engineer Bruce DeBrine Kim Lawrence _ } OO•.O wCCl; ROY ROMER /T%' "°` HAROLD (HAL) D. SIMPSON d. • Governor * • Acting State Engineer *18 76,-- OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[303]866-3589 July 27, 1992 Kim R. Lawrence, Esq. Lind, Lawrence, & Ottenhoff P.O. Box 326 Greeley, CO 80632 Re: Morning Fresh Farms Substitute Water Supply Plan Water Division 1, Water District 2 Dear Mr. Lawrence: This letter is in response to your request for a substitute water supply plan for Morning Fresh Farms. It is our understanding that Weld County has requested information pertaining to the adequacy of the water supplies prior to approving building permits for expansion of the egg producing facilities. Based on a review of your letters of May 21, 1992, July 7, 1992, and July 17,1992, Morning Fresh Farms intends to eliminate 41.0 acres of irrigated land that historically produced alfalfa. We have determined this proposal is adequate to offset the amount of anticipated consumptive use for the expanded facilities as outlined in your letters. I hereby approve the proposed substitute water supply plan in accordance with 37-80-120, C.R.S. (1990 Supp.) subject to the following conditions: 1. A totalizing flow meter shall be installed and maintained on all wells subject to this plan. More specifically, well permits 6362-F, 6363-F, 10548-F, 10708-F, 42346, 43179, 44315, and 16439-F shall be metered. Pumping will cease should replacement sources be insufficient to offset out-of-priority diversions. 2. For each layer house built, one acre of irrigated alfalfa land must be eliminated from production to maintain historic consumptive use. 3. The Division Engineer shall be notified prior to implementing this substitute water supply plan. Weekly accounting, subject to modification, shall be submitted to the Division Engineer. 4. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. Granting this plan does not imply approval of a change of water right application pending in Water Court. 5. Morning Fresh Farms must pursue a change of water right application in Division 1 Water Court prior to requesting renewal of this substitute water supply plan. - - 920949 / r7"'7 � u u t`',9i2 �.t� J.�u JUL Mr. Kim R. Lawrence, Esq. Page 2 July 27, 1992 6. In accordance with amendments to 25-8-202(7), C.R.S. and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 7. Acceptance of these conditions must be made in writing to this office, the Division Engineer, and the local Water Commissioner by August 31, 1992. 8. This plan shall be valid through July 31, 1993 unless revoked as per paragraph 4 above. Should you have questions or comments, please contact Keith Delventhal, Water Commissioner for District 1 at (303) 284-6338, Brian Ahrens of this office, or Alan Berryman, Division Engineer in Greeley, at (303) 352-8712. Sincerely, 1•191. -if-rag-- Hal D. Simpson, P.E. Acting State Engineer HDSBJA/slb/:mrnfrsh2.wpd cc: Alan Berryman, Division Engineer Keith Delventhal, Water Commissioner Steve Lautenschlager 920949 • k I Antelope i • • \• i c.„\\ ie. • NA . 1 _`_`] •� .• f3 "P /�, ""� "ill • • ^• ' i• 1 LORI . 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'p's'""" 1ta` Hx q . \'$'ct�� a „ I7•. fJ i: g 17 r.rA7 < 'SN` :af'w (_ 's>. a • r{7Y�. ild•$ . Y A : L: . .1 ..,...: 'ss i > { a' S. 71 • •;Ld. ;4 IL d • 7'JK. utr .. y AS0) •1"'' ' 1. ati• , i.1: : 'ivy • : - . ... • . A* •• I ;'::•'w it [ - • - • • -. > pit ,, :t . �.�- tea.-wr-_ - II4i1� _...•_._. +�,�_ �.f�3� saista. \AC IIPP - ... liDioir-..--. .T., ta.. i. .6 . , .. . ., . . - . , .. . . .. .. .. . • a„' a . . P �� . .... ....... .k" ' 1; W_.:.: iState Documentary Fee Da*z S.£' . �rQP1.8 A132129757 WARRANTY DEED $ ....tom._.-Qa____ THIS DEED is a conveyance of real property (including any improvements and other appurtenances) from the individuals or other entity(ies) named below as GRANTOR to the individuals named below; as GRANTEE. THE GRANTOR hereby sells and conveys to the GRANTEE the real property described below with all its appurtenances (the "property" ) , and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed (which the GRANTEE will pay) (2) any easements and rights-of-way evidenced by a recorded instrument (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record, and (5 ) any protective covenants and restrictions shown of record. The specific terms of this deed are: GRANTOR: Robert N. Jackson, Individually and as Trustee under Testamentary Trust created by Will of Ardenia Jackson; Paul Hanson Cleary, Trustee of The Cleary Family Trust established April 19, 1977, by Paul Hanson Cleary and Jean C. Cleary, Trustors; James H. Kindel, Jr. , Trustee of the James H. Kindel, Jr. , Trust established March 6, D` 1980 by James H. Kindel, Jr. , Trustor; and Virginia F. Kindel, i ,QOTrustee UDT August 6, 1976 established by Virginia F. Kindel, Trustor 26th Floor, 555 South Flower St. , Los Angeles, CA 90071-2498 GRANTEE: Joseph A. Raith, Jr. and Robert E. Raith 15121 WCR 32, Platteville, CO 80651 FORM OF CO-OWNERSHIP: Joseph A. Raith, Jr. , as to 60% interest and Robert B. Raith as to 40% interest PROPERTY DESCRIPTION: The West 1/2 of Section 15, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado; and, all wells and other rights appurtenant to or existing upon the previously described real property specifically including but not limited to Sunnymead Wells 1-6362F, 2-6363F, 3-10548F, 4-10708F, 5-42346, 6-43179 and 7-44315; a certain well number 8-16439F and the wells and permits in the name of Morning Fresh Farms that bear permit numbers 29416-F, 29417-F, 29418-F, and 29419-F. CONSIDERATION: Other good and valuable considerations and One Million Seven Hundred Fi ..//ty Thousand Dollars ($1,750,000) . Signe on the / --day of lg d',--/gb 2.Paul Ha. son Clea , trustee of the Cleary Family Trust established April 19, 1977, by Paul Hanson Cleary and Jean C. Cleary, Trustors (Additional Grantors' signatures and notarizations on following page) B 1184 REC 02129757 02/02/88 15:58 $9.00 1/003 F 1524 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO w p B 1184 REC 02129757 02/02/88 15 :58 $9.00 2/003 F 1525 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF CALIFORNIA ) ss County Los Angeles ) Subscribed and sworn to before me personally by James H. Kindel, Jr. as Trustee of the James H. Kindel, Jr. Trust estab- lished March 6, 1980 by James H. Kindel, Jr. , Trustor, this 14th day of January, 1988. My commission expires 'Tn,,f,..P.� j71 /YE"? . Witness My Hand and Official Seal . (SEAL) - \� ' c?Wr; OF?1 1AL SEAL (-Ylex,„(11 { 4151,- 144 NELUE HABASH NOTARY PUOLIC-CALIFORNIA • LC.;;,NCZLES C^UNTY My comm. expires SEP 17, 1989 STATE OF CALIFORNIA ) ss County of Orange Subscribed and sworn to before me personally by Virginia F. Kindel as Trustee UDT August 6, 1976 established by Virginia F. Kindel, Trustor, this Z 5 day of January, 1988. My Commis- sion expires , Witness My Hand and Of- ficial Seal . (SEAL) a . _e__e.r„,L_ OFFTrl 4L SEAL ma'''y' KATHLEEN A 1•EECH 1 -"9' NOTARY PUBLIC-CALIFORNIA UR!XJ E COUNTY " ' ' My comm, expires JUN 2, 1989 % v'. '' '< O1 0 1e-i ames H. Kinde Jr. , ste Vir 'nia F. Kindel, Trustee of The James H. Kindel, Jr. UDT August 6, 1976 V . , -7-, cc),,,,J)- Trust established March 6, 198O established by Virginia F. by James H. Kindel, Jr. , Kindel, Trustor Trustor 41 /n& 3 , Tt'ee Robert . J ckson under Testa entary Trust Individual y created by Will of Ardenia Jackson STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) Subscribed and sworn to before me personally by Robert N. Jackson, Individually and as Trustee under Testamentary Trust created by Will of Ardenia Jackson, this 19th day of January , 1988. My commission expires 7/6/91 . Witness My Hand and Official Seal. (SEAL) ,i. . otary Public y�•a4 OFFICIAL SEAL r ' ,ti.463,_ MARTHA F.WADDELL `' y kilt\iq♦; NOTARY PUBLIC •CANTORNIA r STATE OF California ) T My Comm.Expiits1uly6.1991• COUNTY OF Orange ) anson Subscribed and sworn to before me personally by Paul H Cleary, Trustee of the Cleary Family Trust, established April 19, 1977 by Paul Hanson Cleary and Jean C. Cleary, Trusto s, this 22nd day of January , 1988. My commi sion expires 4/71 /89 Witn ss My Hand an Official Seal. (SEAL) J ,,. . , Grri JcnL . Notary Pu ic `, "f t'7TA�Y NrJaUC•CFiCE IN \\�b 2n r`'y� i�i�11Jf'I.'/.!.1 �. CFCFAl `1 \�y.��;y, CE �IY (MANGE COUNTY MY CONMISSICPI E%pli cS Auk.21, 1989 "' COUNT ) Subscribed a —sworn to before me personally by Virginia F. Kindel as Trustee UD ust 6, 1976 established by Virginia F. Kindel, Trustor, and James 'ndel, Jr. as Trustee of the James H. Kindel, Jr. Trust established Mar 198O by James H. Kindel, Jr. , Trustor, and each of them, this of , 1987. My commission expires ' ness My Hand and Official Seal. (SEAL) Notary Public B 1184 REC 02129757 02/02/88 15:58 $9. 00 3/003 F 1526 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE #Ageoded THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN ( et_A4-- S ATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS DAY OF �. ,^,� r�,�_�u. t. , 19 c/7.-:/ . SEAL NOTARY PUBLIC- MY COMMISSION EXPIRES 7 ? -r V- 2,_zi LAST DAY TO POST SIGN IS: Z O , 19 92-. PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. 920949 tir joinH(41: DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 CO COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, September 1, 1992, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and an Amended Special Review permit in the A (Agricultural) zone district for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Morning Fresh Farms LEGAL DESCRIPTION: Part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A livestock confinement operation (2,410,000 chickens) fertilizer and composting facility, and a greenhouse LOCATION: East of Weld County Road 31, north of Weld County Road 32. SIZE: 240 acres, more or less The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on September 1, 1992. 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 80631 - Phone - 356-4000, Extension 4400. Bud Clemons, Chairman Weld County Planning Commission To be published in the Windsor Beacon. To be publis e (1) e by August 3, 1992. Received by: Date: CL LFCC1(-- 970^ DEPARTMENT OF PLANNING SERVICES PHONE(303)356.4000,EXT.4400 91510th STREET ID GREELEY,COLORADO 80631 O • COLORADO July 31, 1992 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Amended SUP-44 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, September 1, 1992, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Morning Fresh Farms FOR: A Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2,410,000 chickens) fertilizer and composting facility, and a greenhouse in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 31, north of Weld County Road 32. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Lanell J. Swanson, Current Planner. 920949 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-0000,EXT.4400 91510th STREET Wi l0 tiOlv k GREELEY,COLORADO 80631 COLORADO TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: Amended SUP-44 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, October 15, 1991, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Morning Fresh Farms FOR: An amendment to a Special Review permit for a livestock confinement operation (2,000,000 chickens) to allow additional structures in the A (Agricultural) zone district. LEGAL DESCRIPTION: The W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 31, north of Weld County Road 32. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Lanell J. Swanson, Current Planner. CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket No. 92-55, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 14th day of September, 1992. Deputy Cler to the Board Charles T. and Denisse L. Anderson 16650 Weld County Road 36 Platteville, Colorado 80651 Public Service Company of Colorado No address provided Joseph A. , Jr. , Martha A. , and Robert E. Raith 15121 Weld County Road 32 Platteville, Colorado 80651 Verne C. and Kathleen J. Keenan 11076 Maple Road Lafayette, Colorado 80026 Morning Fresh Farms, Inc. 15121 Weld County Road 32 Platteville, Colorado 80651 Jacqueline M. Bell 15665 Weld County Road 32 Platteville, Colorado 80651 Richard L. , and Karen Neale Scott Neale 3601 Montrose Evans, Colorado 80620 State of Colorado No address provided Ray E. and Shirley A. Olin 13487 Weld County Road 32 Platteville, Colorado 80651 920949 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number Amended SUP-44 for Morning Fresh Farms in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 5 day of August, 1992. 0 920949 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE MINERAL OWNERS Morning Fresh Farms AM SUP-44 Charles T. and Denisse L. Anderson 16650 County Road 36 Platteville, CO 80651 Public Service Company of Colorado Joseph A. Jr. , Martha A. , and Robert E. Raith 15121 Weld County Road 32 Platteville, CO 80651 Verne C. and Kathleen Keenan 11076 Maple Road Lafayette, CO 80026 Morning Fresh Farms, Inc. 15173 Weld County Road 32 Platteville, CO 80026 Jacqueline M. Bell 15665 Weld County Road 32 Platteville, CO 80651 Richard L. and Karen Neale Attn: Scott Neale 3601 Montrose Evans, CO 80620 State of Colorado Ray E. and Shirley A. Olin 13487 Weld County Road 32 Platteville, CO 80651 David H. and Joyce E. Sarchet 13344 Weld County Road 28 Platteville, CO 80651 Hazel Sarchet 15260 Weld County Road 32 Platteville, CO 80651 John R. and Eileen R. Sarchet Route 1 Box 116 Platteville, CO 80651 920949 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE MINERAL OWNERS Morning Fresh Farms AM SUP-44 Dale V. and Shirley Sarchet 15282 Weld County Road 32 Platteville, CO 80651 Union Pacific Land Resources P.O. Box 2500 Broomfield, CO 80020 Amoco Production Company 600 South Cherry Suite 915 Denver, CO 80222 Joseph A. Raith, Jr. and Robert E. Raith 15121 Weld County Road 32 Platteville, CO 80651 920949 Update of Page 2 Order No. WK 22610 as July 22, 1992 at 7:00' A.M. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION I Anderson, Charles T. 16650 County Road 36 121109000008 & Denisse L. Platteville, CO 80651 Public Service Company No Address provided 121109000009 of Colorado Raith, Joseph A. , Jr. , 15121 Weld County Road 32 121110000010 Martha A. , and Robert Platteville, Co 80651 E. Keenan, Verne C. & 11076 Maple Road 121115000018 Kathleen J. Lafayette, CO 80026 Morning Fresh Farms, 15121 Weld County Road 32 121115000028 Inc. Platteville, CO 80651 121115000029 Morning Fresh Farms, 15173 Weld County Road 32 121115300025 (IMPS) Inc. Platteville, CO 80651 • Jacqueline M. Bell 15665 Weld County Road 32 121115000023 Platteville, CO 80651 Scott Neale Neale, Richard L. & 3601 Montrose 121115000031 Karen Evans, CO 80620 State of Colorado No Address provided 121116000001 Olin, Ray E. & 13487 Weld County Road 32 121116000004 (IMPS) Shirley A. Platteville, CO 80651 Sarchet, David H. & 13344 Weld County Road 28 121121000005 Joyce E. Platteville, CO 80651 Public Service Company No Address Given 121121000010 of Colorado • 920949 • Update of WK22610 as of July 22, 1992 Page 3 at 7:00 A.M. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # Sarchet, Hazel 15260 Weld County Road 32 121122000018 Platteville, CO 80651 Sarchet John R. & Rt. 1 Box 116 121122000011 Eileen R. Platteville, CO 80651 Dale V. Sarchet & 15282 Weld County Road 32 121122000017 Shirley Platteville, CO 80651 • 920949 Update of • Page 2 WK22610 as of July 22, 1992 at NAMES OF OWNERS OF MINERALS AND LESSES OF MINERAL OWNERS 7:00 A.M. Union Pacific Land Resources P.O. Box 2500 Broomfield, CO 80020 Amoco Production Company 600 South Cherry Suite 915 Denver, CO 80222 Joseph A. Raith, Jr. and Robert E. Raith 15121 Weld County Road 32 Platteville, CO 80651 • 920949 Update of WK22610 as of July 22, 1992 at 7:00 A.M. AFFIDAVIT OF INTEREST OWNERS • MINERALS M1 Application No. Subject Property The W/2 of Section 15, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado. 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. ?-97/11'j ifig-; Weld County Ti e Company by Trudy L. Meis The foregoing instrument was subscribed and sworn to before me this a g `A" day of , 19 WITNESS my hand and official seal. • My Commission expires: c)/6195 • Wad-O2, &ryt.) 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'A °•° 6666 ° 0. z O • 1' m�r �.d : ri �nn •"-' q Q' z F� > i. t 741 iai �n�, - m " ai a a.g 44 _ '� +3 J !E ? eo o � H W � A IU e 0 .d 0 ++ 0 0a �. w. _ o o`°a a' A d a°'i z I', o m • < a 4, _ A o• E-i x U & a A A .. w � , • Li______ K a a t 3. c' — ____ - - - -- - -__- •t - -- -----___-- .---• t- 'y 4 t. `: i T i"r-jt-t l t t �r a - -t...t e}i 'J: r_ . _ ' �5 t r 1Fy� �y t . . r s r 't s t • . .i i •, g L . i i it i t R z : 4 . ) . • . v 1 -' 1 . ' • - l /tilt{ ttl t ti it tttt tf I P 3fl t-t* Sit* tl1.-c • Itom'• 4 i41- - - _. - . _ v kI . - . - _ . . • 1 F. -1 . ' - • • i 4 . 2.- a a t K . . - . . h . 1%4 4 f .6*•r } • f rA M •u 7 s . . . , !.-11. 41%-t-!: Y •4 ♦ f • ' 920949 e.i ;I� _ ��j��--�� - K I :. C'" 7RADO DIVISION OF WATER !� 'r- e' ;V I .•- 818( innlal Bldg..1313 Sharma);St.,Denv •• • - . __ ,• . _ 1979 PERMIT APPLICATION F+I�}' RI Pi .g Y ED, - a ENaufigie Nbrii ti 1979 ._,-,4, ( )A PERMIT TO USE GROUND WAIL • ' or (X)APERMITTOCONSTRUCTAWELL ) WAXERR ,,y:LACK I FOR: ( )+PERMIT TO INSTALL A PUMP SPA VIGIESI I .. unless (X 1 REPLACEMENT FOR NO. 10708—F ( )OTHER W-5$42 -. WATER COURT CASE NO. ')'APPLICANT-mailing address ' • ' ' FOR OFFICE'USE ONLY: DO NOT WRITE'IN THIS-COLUMN • - + v t - f ME Morning Fresh Farms Receipt No. lie! / »• 014 jt,)A''`-, -t' -STREET-15121-Weld-Co-.-Rd.-30 - Basin ' - - - Dist. ' • ' ' CITY Platteville, Colorado ' 80651 . y 1 (stew (Zip) Vf APPROVAL ' t TELEPHONE NO.' - -785-2889, This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL • issuance of the permit does not assurethe applicant that no injury will occur to another vested water right or preclude another owner of a,'vested'water, County - Weld- _ . -� - - - -x; _ i 4 . - • • right from seeking relief in a civil court action:-,-- = 4APPROVED AS A REPLACEMENT CIF• TALL •PERMIT NO. 7G of the 'b,Section 15 10708-F. THE EXISTING WELL MUST. Bra PLUGGED AND Twp. 3 N . Rng• 66 - W , 6 p.m. ABANDONED ACCORDING TO THE REVISED AND AMENDED (N.st t;E.w) RULES AND REGULATIONS FOR WATER WELL'AND PUMP (3) WATER USE AND WELL DATA INSTALLATION CONTRACTORS. THE PICLOSED AFFIDAVI MUST BE SUBMITTED WITHIN SDCTY '(60) DAYS AFTER • 250 THE CONSIL'Eue_'ION OF„VIE NEW WEL,, AFFIRMING THAT Proposed maximum pumping rate(gprn) WELL NO. 10708-F WAS PLUGGED AND ABANDONED. - Average annual amount of ground water 2THE AVERAGE ANNUAL APPROPRON . OF THIS WEL to be appropriated (acre-feet): 117 C INED WITH WELL N0. 105)+8 F HALL NOT Eccr .'ll 117 ACRE-FEET; FOR THE IRRIGATION`OF'40 ACRES ,IN Number of acres to be irrigated: 4'0 NE* CIF SW?, SEC. , T. 3N, R.- 66W-:----.1-— ' - 4,8'. } .. . 3, A_TOTALIZING.SLAW TER•Mt>ST,,BI1'STALLED ON Proposed total depth(feet): LL-DISCHARGE WHEN THE WATER--32'tit TO BENEF'ICI Aquifer ground water is to be obtained from: USE TO MEASURE THE ANNUAL AMOUNT DD GROUND WAT3t Gravel and-Sand - APPROPRIATED. DIVERSION RECORDS SHALL BE SUBMITT TO THE DIVISION OF WATER RESOURCES UPON REQUEST,. ( Owner's welldesignation Well #4' 9. THIS WELL SHALL -NOT BE OPERATED UNLESS IT IS i.- CLUDED IN AN APPROVED PLAN FOR AUGMENTATION.)M GROUND WATER TO BE USED FOR: !~ 1 ( ) HOUSEHOLD USE ONLY • no irrigation (0) ' ( ) DOMESTIC(1) (• I INDUSTRIAL(5) • ( 1 LIVESTOCK (2) ( X) IRRIGATION (6) ' ( ) COMMERCIAL(4) ( ) MUNICIPAL (8) ( )OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) PERMIT NUMBER / O 7 0 S'—reA1 (4) DRILLER Lesh Drilling for JAN 09 198 DATE ISSUED i Name Cummins -1111e11-WOr$5 , y - EXPIRATION DATE JAI 09 19 .e Street 121 - 13th Street • - " tU�12u,,uA1-our City rreeley, Colorado 80631 ` TAT EN 41. E _ - , (Stale) (Zip) 3. ` i BY Telephone No.352-2738 .No. 21 8h Drilling I.D. FO2- - .. • COUNTY 3 9 = ? / t rz CC' -RADIO DIVISION OF WATER RESOD- FS • p " t / r 101 C bins Bldg.,1845 Sherman St.,Denver,Colors 10203 RECEIVED • a PERMIT APPLICATION FORM Application must MAR 12 16 be complete where ( 74 A PERMIT TO USE GROUND WATER �' applicable. Type or ( )0 A PERMIT TO CONSTRUCT A WELL WATER nil SOURCE , print•' in BLACK FOR: ( ).t1 PERMIT TO INSTALL A PUMPSTATE ERNES • INK.No overstrikes I COIL or lsrasures unless ( X) REPLACEMENT FOR NO. 42346 which is pumping sand initialecI. ( )OTHER ' (1) APPLICANT-mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME Sunnymead Poultry Ranch Receipt No. 6 90$,../ 6O it ' - f STREET Rt. 1 Box 215 - 'Basin Dist. CITY Platteville, Colo. 80651 t ' ZState) (Zip) - CONDITIONS OF APPROVAL . TELEPHONE NO. (3n3) 785-2889 This well shall be used in such a way as to cause _ no material injury to'existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested'water . . ' right or preclude another owner of a vested water County Weld - • ' ' right from seeking relief in a civil coirt action:' • • •: , SE %of the SW '/,Section 15: �Ir 1 42.3 G Twp._3______ IL,. Rng. 66 �, 6 P.M. APPROVED AS A REPCACEMEN L OE WELL N0. 7 THE EXISTING WEE MUST BE PLUGGED AND ABANDON F ACCORDING TO THE REVISED AND AMENDED Rt ES AND (3) WATER USE AND WELL DATA • REGULATIONS FOR WATER WELLAND PUMP INSTALLATION CONTRACTORS. THE ENCLOSED AFFIDAVIT MUST P Proposed maximum pumping rate(gpm) 20 gr,. SUBMITTED WITHIN SD(TY(60) DAYS AFTER THE . CO STRUCTION OF THE NEW'WELL,AFFIRMING THAT Average annual amount of ground water WELL NO. #19..3q& WAS PLUGGED AND ABANDONiivED. to be appropriated (acre-feet): 7)�a Number of acres to be irrigated: nla ' : / . Proposed total depth (feet): 60 feet _. Aquifer ground water is to be obtained from: ' ` - }ground water Owner's wei designation GROUNCWATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY-no irrigation(0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) • (X) LIVESTOCK (2) ( ) IRRIGATION (6) �, ( ) COMMERCJAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) - APPLICATION APPROVED , • ;c (4) DRILLER PERMIT NUMBER' — 4123g 9 b'd - , . ' DATE ISSUED MAR 22 1976 ; Name Haden and Holden EXP!RATI TE MAR 22197 Street • $0641'e ,City daon, Colo. m„�jSTATE INEE ) (State) i (Zip) +++YtVi�,L • BY ( _ 920949 Telephone No. Lic.No. I.D. n COUNTY h Z 72 C( RADO DIVISION OF WATER RESOL ES ;' 101 t",_.nbine Bldg.,1845 Sherman St,Dante,Colo(..,80203 RECEIVED PERMIT APPLICATION FORM 1218 ' Application must be complete where ( JQ A PERMIT TO USE GROUND WATER 2IL' applicable. Type or ( JO A PERMIT TO CONSTRUCT A WELL i w '> S0URCE&, _ print.' in BLACK FOR: ( ) A PERMIT TO INSTALL A PUMP I `/ STATE ZiGINE» INK.No overstrikes =n. dr trasures unless ( A REPLACEMENT FOR NO. 42346 which is pumping sand initiale1. ( )OTHER a (1) APPLICANT- mailing address FOR OFFICE USE/ ONLY: DO NOT WRITE IN THIS COLUMN '\ NAME Sunnymead Poultry Ranch . Receipt N 6 9 .0O',g.? ' - ; " STREET Rt. 1 Box 21S Basin- Dist. CITY Platteville, Colo. 80651 _ _ ' tstata) (Zip) CONDITIONS OF APPROVAL TELEPHONE NO. (30 x) 7. 5-28RQ This well shall be used in such a way as to cause no material injury to'existing water, rights. The (2) LOCATION OF PROPOSED WELL issuance-of the permit does not assure the applicant that no injury will occur to another vested waiter right or preclude another owner of a vested water County Weld I right from.seeking relief in a civil court action. SE '4 of the SW 'A,Section 15 1 y��'��i APPROVED AS A REPLACEMENT OE WELL NO. Twp.3 L. Rng. 66 _3oL, 6 P•M• THE DUS11NG WELL'RMUST BE PLUGGED AND ABA BONED (3) WATER USE AND WELL. DATA REGULA IO S ORE ATERW LLAN PUMPDI STAL ATION REGULATIONS FOR WATER W CONTRACTORS. THE ENCLOSED AFFIDAVIT MUST 54 Proposed maximum pumping ram (gpm) 20 (51.51.,...,,, SUBMI t its:) WITHIN SIXTY(60) DAYS AFTER-THE CONSTRUC=TION OF THE NEW WELL, 0� TEATNED. • ND Average annual amount of ground water WELL NO. 4'.346 P to be appropriated (acre-feet): nfa Number of acres to be irrigated: n/a - Proposed total depth (feet): 60 feet " • Aquifer ground water is to be obrained from: ", ground water Owner's well designation " GROUND WATER TO BE USED FOR: " - ( ) HOUSEHOLD USE ONLY--no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) , (X) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) , ' APPLICATION APPROVED (4) DRILLER , DATE ISSUED- PERMIT NUMBER #23y4 •- - - MAR 22 1976 I Name Hdden and Holden EXPIRATI TE MAR 221978 Street r tee City Hutt son, Colo. 80. 641 , STATE�� dINEE ) (State) I (ziP) te: ++++a.V ! Q ©�p BY ��•' 9r�.7 Telephone No. Lic.No. !^ `39 I.D. 1 - n a, COUNTY G 2- - (5) THE LOCATION OF THE PR w .�)SED WELL and the area on (S) LL fr m MUST s ctBE I OCATED IO\ .. , •whlr;h ' a '%{ater will be used must tdicated on the d( ram below. by di Use the CENTER SECTION Q4 section. 640 acres)for the well location. - , ± + _ ,+ _ 1 — 4. ILO ft,from Uth sec.lirn •i ' —tilt — T — — -4--- -r- (n horsouth) s. .4-1 WILE,5280 FEET—r--+l I 2.000 ft from west sec.lisle . . .6 (east or west) • T + -I- + iii-+ +• I �� + LOT RLOCK FILING s + — -4- - -, NORTH SECTION LINEI I - + - SUBDIVISION I (7) TRACT ON WHICH WELL WILL BE I LOCATED . 4_Nowni f — + — — — +- — - + + j =i No.of acres/ Will Ibis be .0 • , • 1 O l I m 1 the only well on this tract?/ t tu 1 I (-1 + + CB) PROPOSED Ci)SING PROGRAM I i.• I I r I Plain Casing -I-- t- - + — — — t — -m + + 6 in.from 0 ft.to 60 ft. I. , I' 1'3 , s , a L ; X. g ., ., I �,:r , 1 _ . I 1 ' . in.from ft.to ft. + SCUM SECTION LINE —" -F Perforated casing I : - I 6 in.from 40 ft.to 60 ft. - . fi:� Eft 1'1 I. Ir-/'v '-F =-i T T Ti Ii•S sl'tf-r , ti , _ - : =_-.4;. .y ; " - .. - 4 , 1- + 1- +• 4- -I- 4 4. �+ in. from ft.to ft. I! ~" ( ~'r i ' raj r I f9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging - + - + - + - -i_ - + - _,_ - + it: { `- * 'Tile scale`of the diagram is 2"�r;uh, es'-tl mile' ' c . ' 20:fait ;to. the North. Old well Each small sq+ ere represents 40 acres. casing will be pulled out of WATER EQUIVALENTS TABLE (Rounded Figures) _ the ground and plugged as per An acre-foot coven 1 acre of land 1 foot deep Colorado Rules & Regulations. 1 cubic foot per second Ids! ...449 gallons per minute(gpm) A family of 5 will require apc roximately 1 acre-foot of water per year. 1 sere-foot...43,560 cubic bet...325,900 gallons. 1.O00 1t flPm pumped contiru+cusly for on,daavTProduces 4.42 acre-feet. (10) CAD h�W ticH 1)IVD ht: ` `,Y;0 USED; - _ Owner(s): Sunnymead Po: 1 try Rana A$ 110 No.of a3i O Legal descriptionflee_ 151 •rQwnahi p 3-N, Range 66, w of the 6th P.M. , Weld, Colorado. (11) DETAILED DESCRIPTION of the use of ground water: watering chickens - "(12)(12) OTHER WATER RIGHTS used`on this land;T)tciudingcf-alls't r>t 4-i Y`-' .. ' ` ' • • • • Type or light Used for(purpose) Description of land on which used 4 irrigation wells irrigation / Sec. 15, Township 3 N, Range 66 1 domestic residence I West of the 6th P.M. , Weld Co. 3 l ivoetoak (13) THE APPLICA (S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO TH EST OF HIS KNOWLEDGE. fA.4A7P Manager - for Sunnymead Poultry Ranch _ SIGNATURE OF APPL/ NT(SI Dated March 10, 1976 - 920949 Use additional sheets of paper if more space is required. DIVISION OF WATER RESOURCES" - , . •, . , . , DEPA MENT OF NATURAL RESOURCES EEREFE7 • 101 Col, • Bldg., 1645 n trees, Denver, Colon 10203 l� Q A PERM! 0 USE GROUND WATER SEP 231970 A PERMIT TO CONSTRUCT A WELL QROkin +ERR SECT, APPLICATION FOR: C7 REPLACEMENT FOR N0. COLORADO ` Q IA PERMIT TO 'INSTALL A PUMP STATE. .c=i OTHER - ' PRINT OR TYtE ' I LOCATION OF WELL I APPLICANT 'Robert Jackson COUNTY Weld Sunnymead Poultry Farm Street Address 33631 Theodore Court Si 4, of the SW 4, sec. 15 City & State Surnymeact, California 92338% 1N , R. 66w 6 P.M. Street or Use of ground water r?nmegtin Lot & Block ---- Owner of land on which well City or is located above Subdiv.v. ---- filing ---- Owner of irrigated land ---- Ground Water Basin ---- Number of acres Water Management to be irrigated ---- District ----- Legal description of irrigated land ---- LOCATE WELL ON THE BACK OF THIS SHEET ---- Driller .7(.17Y 1. & ufTTl'T No. 7 Other water rights on Driller's P. 0. Box 188 this land ---- Address T'nrlsnr, rr+1 orscr.o 8061.2 Aquifer (s) ground water is to be obtained l from ———— , )/�C:•vt,r1./e. .�- -'1 ' & ! ,L-,�-,+ x Signature of Applicant .torage capacity ---- AF CI'ND I T I ONS OF APPRO1t'AI ANTICIPATED PUMPING RATE 20 GPm AVERAGE ANNUAL AMOUNT OF GROUND WATER TO DISTANCE IN FEET - Seet.on lines BE APPROPRIATED ---- Acre-feet 200 S N or S 7 800 W F rr w ' &4.41 ESTIMATED WELL DATA Anticipated start of drilling Sentember19 7,7) Anticipated start of use immerdijtely 19 7" Hole Diameter: £ in_ from 0 ft. to 2C0 ft.. APPLICATION APPROVED: 5 in_ from 200 ft. tom ft_ VALID FOR ONE (1) YEAR AFTER DATE ISSUED UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO Casin : THE ISSUING AGENCY Plain 1 in. from 0 ft. to 200ft. PERMIT NO. 431.79 CONDITIONAL L=ri in. from 2L.0 ft. to 280ft. SEP 2 3 1970 DATE ISSUED Perf. 43 in. from 200 ft. to 211.0ft_ "-- y, in. from ft. to ft_ STATE ENGI it ir ESTIMATED PUMP DATA laww4,. d� Outlet BY ' � Type submersible 1i Size lin APPLICATION MUST BE COMPLETED SATISFACTORILY BEFORE ACCEPTANCE 94 VER) W114-5 DIVISION OF W'"R RESOURCES, DEPARTMENT OF NAT'Al. RESOURCES r'7, ' 101 CI tine Bldg., 1845 Sherman Strout, Denver, Col s 80203 ��Z `J242S,'+qej�� _ f A PERMIT T��ND WATER ��r v9 o A PERMIT TO CONSTRUCT A WELL ; siy.1.& '�4. `o' APPLICATION FOR: / / REPLACEMENT FOR NO. l �� <,I_s w A PERMIT TO INSTALL A PUMP / / OTHER , j? ' 'P 6 c PRINT OR TYPE { 4 I LOCATION OF ll0L68Lgc) APPLICANT Sunnymead Poultry Ranch COUNTY Weld Street Address SE 4, of the SW 4, sec. 15 City & State Platteville, Colo 80651 T. 3 N , R. 66 W , 6 P.M. Street or Use of ground water Domestic & stock Lot & Block Owner of land on which well City or is located Sunnymead Poultry Randli Subdiv.v. t Filing Owner of irrigated land Ground Water Basin NumPer of acres Water Management tc be irrigated District Lecal description of irrigated land LOCATE WELL ON THE BACK OF THIS SHEET Driller Holden & Holden No. 1 Other water rights on Driller's tF i s land Address Hudson, Colo 8061+2 Aquifer (s) ground water is to be zbtained _ . from Surface J. _ .‘t/Signaef !�~,�.�/J �..- ._c-v ure of Applicant 4 tcrage capacity 82 Gal AF CONDITIONS OF APPROVAL ANTICIPATED PUMPING RATE 20 GPM AVERAGE ANNUAL AMOUNT OF GROUND WATER TO '` ' BE APPROPRIATED Acre-feet - ESTIMATED WELL DATA Anticipated start of drilling Jan 28 19.21 Anticipated start of use Feb 1 , 19 71 .,, ''• . Hoe Diameter: zli ,P`*�kr`y-T''`, 9 i n. from 0 f t. tc 50 ft. APPLICATION APPROVED: in from ft. tc ft. VALID FOR ONE (I) YEAR AFTER DATE ISSUED UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO Casing: THE ISSUING AGENCY Plain 5 in. from n ft. to In ft. PERMIT NO. 44315 CONDITIONAL L___/ in. from ft. to ft. JAN 28 1971 DATE ISSUED Perf. 5 in. from 3n ft. to _,rift. in. from ft. to ft. STATE ENGIN• R ESTIMATED PUMP DATA �� Outlet BY Type sub HP 3/4 Size 1-1- I APPLICATION MUST BE COMPLETED SATISFACTORILY BEFORE ACCEPTANCE 920349 (OVER) 1_".,/ jc'(. `/1/ ` / ` WR;.5.R.ev :c I •ORADO DIVISION OF WATER RES( CES �� _ • , ' 818 centennial Bldg., 1313 Shuman St-,Denver,Colorado 80203 �1VED • 4. > PERMIT APPLICATION FORM Waal IVAINgs JUN 2 4 1985 Application Must PP ilDQFla(ill t aTER RES01.1105 be complete where (•%1SSZA (w A PERMIT TO USE GRROUND WATER rata. tE-EN6iNESI applicable. Type (x)A PERMIT TO CONSTRUCT A WELL pant in B FOR: (X) A PERMIT TO INSTALL A PUMP t' (DLO. INK No rs • es or ra r‘00 e ( ) REPLACEMENT FOR NO. iLt. . ( )OTHER WATER COURT CASE NO. 1) APPLICANT- mailing address FOR OFFICE USE ONLY: DO NOT NOT WRITE IN THIS COLUMN !_ 4 NAME�2 1U!'/L)( rig., 1 _Ff>i/POL , I,u Receipt No. 511'1 a I STREET Jrj/01/ :NB-4 CO. ,R4- 3 a2 Basm Dist. 1 TTY P�,�TTR".'/1. - C'D gD6SI ! (nit.) (Zip) CONDITIONS OF APPROVAL ELEPHONE NO. 3h3/'> FS - ' S7 This well shall be used in such a way as to cause no material injury to existing water rights. The 2) LOCATION OF PROPOSED WELL Isuance of the permit does not assure the applicant that no injury will occur to another vested water : \-.. right or preclude another owner of a vested water \vj Lc'� 0 right from seeking relief in a civil court action. S / . 8 of the Ski , v,,Section i g- 1)-APPROVED PURSUANT TO THE ATTACHED FINDINGS OF THE STATE ENGINEER DATED DECEMBER 10, 1985. wp d1• Rns _lee__ . .., -1XTh+ P.M'2) THE MAXIMUM PUMPING RATE OF THE WELL SHALL ,r,.s, (E"" NOT EXCEED 30 G.P.M. (3) WATER USE AND WELL DATA 3j THE ALLOWED ANNUAL AMOUNT OF GROUND WATER TO BE MITHDRAWN BY THIS WELL UNDER THIS PERMIT Proposed maximum pur-rping rate (gpm) 3O ' IN COMBINATION WITH APPLICANT'S OTTER WELLS DESIGNATED D#2, D#3 AND D#4 SHALL NOT EXCEED Average annual amount of ground water (3, --7--)84 ACRE-FEET. THIS AMOUNT SUBJECT TO CHANGE to be appropriated (acne•-fleet): ��---•'' k AS PROVIDED FOR IN THE FINDINGS OF THE STATE Number of acres to be it—igated: A.L?NE ENGINEER. J� r 4) GROUND WATER PRODUCTION FROM TH:S WELL SHALT proposed total depth (feet): 1700 BE LIMITED TO THE LARAMIE-FOX HILLS AQUIFER WHICH TS LOCATED APPROXIMATELY 135 FEET BELOW Aquifer ground water is to be obtained from: LAND SURFACE AND EXTENDS TO AN APPROXIMATE FOX hi i-. S 44-R4/11/i DEPTH OF 475 FEET. PLAIN (NON-PERFORATED) _-°, CASING MUST BE INSTALLED AND SEALED TO PREVENT Owner's well designation THE DIVERSION OF GROUND WATER FROM OTHER GROUND WATER TO BE USED FOR; AQUIFERS AND THE MOVEMENT OF GROUND WATER BE- TWEEN AQUIFERS. ( ) HOUSEHOLD USE ONLY•no irrigation (0) DOMESTIC (1) ( ) INDUSTRIAL (5J - CONTINUED, ATTACHED SHEET - ( I LIVESTOCK (2) ( ) IRRIGATION (6) p-1 COMMERCIAL (4, ( ► MUNICIPAL (8) I ) OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) 29416 —F PERMIT NUMBER (4) DRILLER DEC 1 1195 DATE ISSUED Name R4- R G-)&-ts i, 4- I i4.0} -rit)c. E I RATION ATE DEC 111986 Street ni S a . da..„14.., . ,-_-,,,_,E-,- ;,ry _ C ) 0 , ;1. ;ATE E GINEER) ,.., ( tat•) l p) (,�� N 1 tlo \V ae:pnone No. -353 —3 ii 3 Lic. No. 5l3 _LI La 1 C1— .COUNTY 690,0949 • L- 117 E LC1 ATION OF THE P IOSED WELL and the area on (6)•� ;LL MUSI BE LOCATED BELOY. hic`� tl'4 water will be used must oe indicated on the dliagram below. by dr:uatcas from section lines.. Use the CE=NTER SECTION (1 section, 640 acres)for the well location. + — •-� — -}- — -�-— -}- — + — 4- _ + — 1Q3"6 _ tt.from (hearth or south) sec.line �f--1 MILE,5280 FEET-j I /3 .2 ft.from �(.S west) sec.line 1- + + + ± + .t- + + LOT BLOCK FILING • + - 4 - i NORTH SECTION LINE — + _ - SUBDIVISION I I If) TRACT ON WHICH WELL WILL BE LOCATED NORTH W r — ± - - _ + - _m OW n@r:IiQAJiNb �RESH aRi+1$ T ? No.of acres '3 2 Q . Will this be .4 l r' 0 I us m ' the only well on this tract? �� -t- V W 5 1 ! 1 —I— — T ? F o (8) PROPOSED CASING PROGRAM tor I Plain Casing .-_ 4- - - - — — + — -m + S 1 rr ____CL___ tI �T in.from____CL___ft.to ��l,,,�� ft. �?J I I &PFA) Hag in.from si� ft.to_ 12._ft. — + SOUTH SECTION LINE . — -4- — --I- Perforated casing wCJ2 3 ;. I I in.from ft.to ft. + + -I- f 4 4 4- -I- 4- in.from ft.to ft. 1 i .I (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging -}- — -I- — _f- — -47 — -f_ — -i_ — 4- - +- — + it: • --- The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. • WATER EQUIVALENTS TABLE (Round Figures) An jc-e-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ...449 gallons per minute(wpm) A family of 5 will•require approkimately 1 acre-foot of water per year. 1 acre-.00t...43.560 cubic feet...325.900 gallons. 1,000,ppm purriped conimuously for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED; Owner(s): /'/ A1.1AJG FR ES H F1/RI'V S T/lJc , ' ` ,Nno. of acres: 2 ac, ,�1 �A)' 1 Seal ��1 7-.1A) ) ��r(0 Li 1 tat 6 RI PM. ) t0Ecru/Legal description: {; (11) DETA)LED DESCRIPTION of the use of ground water: Household use and domestic wells musa indicate type of disposal system to be used. PREC1m;Ai/9AJY Y 7Z? PRO 0;0E AJR)A1xi JUI- &)47 /C Fri/0 ri-h`CK E1rj (F_6C- ek05.1e %e4))_ SOm - it1697" 2 USEiq JEY 1J6RxGR s AA;0 TR,wsr.0 /L,T S ; SEPTic 74k IC /LCH Fla L.1q D/5 Pas/14 - . (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Twoe or.right Used for(purgDse) Description of land on which used /:'h'1G it !L71V C.:47 Cower PF15E 4.3—SINa -6362-Fj a-6363-e=).3-I0SyB-F,1-f-icewg-1`) . s;s 71;'C K - 60/16ST 1 C " .°1t)-c 'rte (S-4,739(0, /e-`fl1941 >-'! I3/S) '—olco y39-F) 13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. LAd. Z.741, - Pte. ./GN URE APPLICANT(SJ 1 Use additional sheets of paper if more space is required. W2J•5=Rev 76 , DLORADO DIVISION 0 WATER RI JRCES NOTEo TH s- (� - � a" 8 Centennial Bldg., 1313 Sherman St.,Demur,IHEi ^' \ �WR4 44 t,J ER E Jetil-5 PERMIT APPLICATION FaRI1�V� � S&( l4PPi%E4 FOR Application must Ira REVaii ON FEW 1 3 198S-) FEE / be complete where ) A PERMIT TO USE GROUND WAIF . ,. , • 1 (V) applicable. Type or Pit `iallait CI: A PERMIT TO CONSTRUCT A WEE ';r""�►,!�7 ''' T ¢52889 A-C . print in BLACK t ) A PERMIT TO INSTALL A PL:MP a 'WK Noov rs ik i ,/� �. ,4 _4‘ •.: erasu e u es ( 1 REPLACEMENT FOR NO. :rube ed' h ..' ( )OTHER ,_ r �` r WATER COURT CASE NO. (1) APPLICANT- mailing ac►dress FOR OFFICE USE ONLY: DO NOT WRITE IN THIS CCLUMN V NAME MER/Virka• FkLFs H FA Riff S, ± C. Receipt No. ,5-liq 9 A STREET /-ci i t%:111--o0 en RO4q 3 a Basin Dist. o CITY PAATTo Vt,Lk E Sstat(L V Sip)/ CONDITIONS OF APPROVAL TELEPHONE NO. 3(). / '7 9c—agS?9 This well shall be used in such a way as to cause no material injury to existing water rights. The t2) LOCATION OF PROPCSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water GJEL1� right or preclude another owner of a vested water County right from seeking relief in a civil court action. A' y� I( of the S/ )v ) 4,Section 1S 1) APPRO4�ED PURSUANT TO THE ATTACHED FINDING'. T.ip 3 a, Rng. �t+G jL, SJiYTI/ p.M OF THE STATE ENGINEER DATED DECEMBER 10, 1985 IN.s, (E.W1 2) THE MAXIMUM PUMPING RATE OF THE WELL SHALL (3) WATER USE AND WELL DATA NOT EXCEED 30 G.P.M. 3 THE ALLOWED ANNUAL AMOUNT OF GROUND WATER 1 BE WITHDRAWN BY THIS WELL UNDER THIS PERMIT Proposed maximum pumping rangy (gpm) 30 IN COMBI%ATION WITH APPLICANT'S OTHER WELLS Average annual amount of ground water DESIGNATED D#1, D#3 AND D#4 SHALL NOT EXCEED to be appropriated (acre-feet): 084 ACRE-FEET. THIS AMOUNT SUBJECT TO CHANGE AS PROVIDED FOR IN THE FINDINGS OF THE STATE Number of acres to be irrigated: /1.)04/E ENGINEER- 4) GROUND WATER PRODUCTION FROM THIS WELL SHAT Proposed total depth (feet): IC'() BE LIMITED TO THE LARAMIE-FOX HILLS AQUIFER bsained from: WHICH IS LOCATED APPROXIMATELY 120 FEET BELOW Aquifer ground water is to be a /�� - �� LAND SURFACE AND EXTENDS TO AN APPROXIMATE �CX DEPTH OF 460 FEET. PLAIN (NON-PERFORATE) Owner's well designation �� CASING E INSTALLED TO THE DIVERSION OFG GROUND WATER S FROM OTHER PREVEN1 OTHER GROUND WATER TO BE USED FOR; AQUIFERS AND THE MOVEMENT OF GROUND WATER BE- TWEEN AQUIFERS. I ) HOUSEHOLD USE ONLY - no irrigation(0) (N DOMESTIC (1) ( ) INDUSTRIAL'(5) CT() LIVESTOCK (2) ( ) IRRIGATION (6) - CONTINUED, ATTACHED SHEET - (Z rx COMMERCIAL (4) ( ) MUNICIPAL (8) �JJ ( ) OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) • 291 '7 (4) DRILLER PERMIT NUMBER DEC 1 11985 DATE ISSUED Name R t IC t`' kL L t Pump , J/(.,a EXPI RATION D E DEC 111986 Street / 4/S- 16, Tt-1 S .. Q v X S Y Y • a. deb—....4 1KA City el-A Et4_1= i' C C1' go 3 _kilw T TEEN INEER) / B Telephone No. 3i .3-311 T Lic. No.. 5 / 3 - 6 pe�i� '•I.D. 1� Qom' COUNr?941949 • Ape APPLICANT: MORNING FRESH FARMS, INC. WELL PERMIT NO. .9 4 I -F CONDITIONS OF APPROVAL, CONTINUED: 5) THE WELL SHALL BE CONSTRUCTED NO MORE THAN 200 FEET FROM THE LOCATION SPECIFIED ON THIS PERMIT. 6) THE ENTIRE LENGTH OF THE HOLE SHALL BE GEOPHYSICALLY LOGGED IN ACCORDANCE WITH THE ATTACHED INSTRUCTIONS PRIOR TO INSTALLING CASING. 7) A TOTALIZING FLOW METER MUST BE INSTALLED ON THE WELL AND MAINTAINED IN GOOD WORKING ORDER. PERMANENT RECORDS OF ALL DIVERSIONS MUST BE MAINTAINED BY THE WELL OWNER (RECORDED AT LEAST ANNUALLY) AND SUBMITTED TO THE C:VISION ENGINEER UPON REQUEST. 8) THE OWNER SHALL MARK THE WELL IN A CONSPICUOUS PLACE WITH APPROPRIATE WELL PERMIT NUMBERS, NAME OF THE AQUIFER, AND COURT CASE NUMBERS. HE SHALL TAKE NECESSARY MEANS AND PRECAUTIONS TO PRESERVE THESE MARKINGS. 9) A PLI?.N FOR AUGMENTATION THAT PROVIDES FOR REPLACEMENT OF FOUR PERCENT OF THE AMOUNT OF GROUND WATER WITHDRAWN BY THIS WELL TO AFFECTED SURFACE STREAMS MUST BE APPROVED BY THE WATER COURT PRIOR TO WITHDRAWAL OF WATER FROM THE WELL. Kyn 1zN 920944 J • /THE LC)CATION,,OF THE P 'OSED WELL and the area on (6) THE ;LL MUST BE LOCATED BELL wi:iciLth i,moor will be usedi rfatus. .,o indicated on the diagram below. by d.-_.yes from section linos. Use the CENTER SECTION 11 kectIon, 640 acres)for the wig location. .. x112 • .ft.from SCUM t 1 sec line f — — + — -I- - - T - + - - - --I- (normal south) 6 ' id 1 MILE.5280 FEET-)01 I 1 3 20 ft.frorp ' t57" sec. line it, ( J . sam ar west) T + T + -- , + -{- LOT BLOCK FILING a I 1 I SUBDIVISION - -(- - NORTH SECTION LINE - - 1 I I (7) TRACT ON WHICH WELL WILL BE +NORTH _ — + - T I LOCATED Owner:/1loivi& - rkE5/I Th °gIS T No.of acres �� . Will this be © Io m ' the only well on this tract? 11O + + m ►f0J I z + (8) PROPOSED CAtSING PROGRAM ® - r I Plain Casing + +- t — — — 4- - Z T- 1 p //� A in.from D hi.to �vV ft. I 1 I I `'v HOLS in.from `/ ft.to >(70 ft. + — + SOUTH SECTION LINE — — — 4 Perforated casing I 1 4.1.C. R. 3 a I I _in.from f.to ft. + 4- + -I- 4 + + - + in.from f.to ft. I I I I (9) FOR REPLACEMENT W'ELLSgivedistance and direction from old well and plans for plugging The scale of the diagram is 2 inches II 1 mile Each small square represents 40 acres. • WATER EQUIVALENTS TABLE (Rounded Fcures) An acre-foe:covers 1 acre of land 1 foot clasp - 1 cubic foot per second (cfs) .. .449 gallons per minute(gpm) A family of=-will require approximately 1 acre-foot of water per year. 1 acre-foot .43,560 cubic feet ...325,900 gallons. 1.000 gpm=aimed continuously for one day produces 4.42 acre-feet. IQ) LAND ON WHICH GROUND WATER WILL BE USED: -`wner(s): /i /?t/tilik: r P ES; j N �fl.& 'S , J.KOC. ' 1 No.of acres: 3 Z C' "_gal description: \'J a Se-cZ 1-�j T3 1) , /� 64O W 6- 'tt o Pm. , co Lt) : 11) DETAILED DESCRIPTION of the use of ground water. Household use and domestic wells must irtditrcate type of disposal system to be used! PIZRCO/"1//UR/U l L Y -T- /POUT ,616Al K!/v( (04_7-E i FAR CH/ c K /U S (EC,-Gr PRO 1 C ri'OPJ' . ,5O/i1 E '."TEIC (4_,S Ct ILL' 1,1(" EKE- S 4/v/ Ren1.4F/UTS ; .S P7ic 7-IWK 1 Lk/1cm Fi wa 0)5pos44 . (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type crc right Used for(purpose) Description of land on which used T R(CATion,' LJAIS7 CD ieT Cfl•SE 3— --IfYa (1-63172-F') ,3-Ft z-)& y9-F)y-)o0$-F) 1./Uiz''S'x'LK'K - AIPOF57 C- 'I - i-u-SRil 2 (3-4238,,6-143nqx -WcZI Si.4-c/64 VI-F) (13) THE APPLICANTS) STATg..4.-A-E(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGN RE OF A•PLICANT/S) Use additional sheets of paper if more space is required. 920949 \ 5•Fte . 76 r ......—.6 ^^LORADO DIVISION OF WATER RESOURCag 1} 1985 + 'el"' ntenniai. Bldg., 1313 Sherman St.,Denver,Ca to fi �.'fli RESOURCES 51985 PERMIT APPLICATION FORM SM.ENGINEER QOLL _' 1ppli mpon mer . A PERMIT TO USE GROUND WATER ItPe complete where r, , F ()C.1 A PERMIT TO CONSTRUCT A WELL tint in Type o OR: A PERMIT TO INSTALL A PUMP print L 'O Nst '—) \!.. ( ) REPLACEMENT FOR NO. �i+. I „s WATER COURT CASE NO. illp 1) APPLICANT - mailing address FOR OFFICE USE ONLY DO NOT WRITE IN THIS COLUMN c U rrtt��ff 1 NAME 1'[QRlS.11/1,1r� �/Q.lF•$�l /�AR}I'1$, rAJG+ Receipt No. .�..)—rt I n 46, STREET a21 (-JEL4 C 2 Basin Dist. :l ;Y PLATTE V1 t—i—k; CQ gO (Zi� (State) C0NDITIONS OF APPROVAL TELEPHONE NO. 3Q 3 /1 . ' "1 This well shall be used in such a way as to cause no material injury to existing water rights. The '2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County /:V E 1_ n OG-`'ti right from seeking relief in a civil court action. 3 Ya V,of the 1V +ti,Secsron IS. 1) APPROVED PURSUANT TO THE ATTACHED FINDINGS -wu Z Iv , Rng. (.(2 LAL, SiX7H X 7H P.M.OF THE STATE ENGINEER DATED DECEMBER 10, 1985. ti , SI IEE.% 2) THE MAXIMUM PUMPING RATE OF THE WELL SHALL NOT EXCEED 30 G.P.M. (3) WATER USE AND WELL DATA 3) THE ALLOWED ANNUAL AMOUNT OF GROUND WATER TC 47 BE.WITHDRAWN BY ThIS WELL UNDER THIS PERMIT Proposed maximum pumping rate (gpm) 3n IN COMBINATION WITH APPLICANT'S OTHER WELLS Average annual amount of ground water DESIGNATED D#1, D42, AND D#4 SHALL NOT EXCEED ;o be appropriated (acre-feet): �,---> 84 ACREeFEET. TH AMOUNT CSUBJECT ET TOCHANGE A` _ PROVIDED FOR IN THE FINDINGS ATE Number of acres to be irrigated: �-'=tit ENGINEER. 4) GROUND WATER PRODUCTION FROM THIS WELL SHAL' Proposed tot:,:depth (feet): '� BE LIMITED TO THE LARAMIE-FIX HILLS AQUIFER Aquifer ground water is to be obtained from WHICH IS LOCATED APPROXIMATELY 100 FEET BELOW Fox tH1'L5 - 4 pR a f/E LAND SURFACE AND EXTENDS TO AN APPROXIMATE DEPTH OF 450 FEET_ PLAIN (NON-PERFORATED) --.z CASING MUST BE INSTALLED AND SEALED TO PREVENT Owner's well designation THE DIVERSION OF GROUND WATER FROM OTHER GROUND WATER TO BE USED FOE: AQUIFERS AND THE MOVEMENT OF GROUND WATER BE- ( )HOUSEHOLD USE ONLY - no irrigation (0) TWEEN AQUIFERS. ('() DOMESTIC (1) 1 ) INDUSTRIAL (5) (1<) LIVESTOCK (2) ( ) IRRIGATION(6) - CONTINUES, ATTACHED SHEET - ii._.(X COMMERCIAL (4) ( ) MUNICIPAL (8) ( 1 OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) PERMIT NUMBER 29418 `F (4) DRILLER • DATE ISSUED DEC 111986 Name 2 -' ^_ 1. 1k�1-- f /1---'740 I ,-X' EXPIRATION DA E DEC 111986 Street /I/ c /6 1J T 1 X .577 • a . tOta.m .i-.. X.E.cMER) Cit Ct Fc LF% �`Ls) C(� t3 `.-y _ (st.te) ( lo+ ��4BYr Telepti+; c`:o. -S 3 ' 3 1 / 0_2— 1 Z`— COUNTY )' - : ` \° l _ I.D. 920349 APPLICANT: MOR.t'ING FRESH FARMS, INC. WELL PERMIT NO. 194418-f CONDITIONS OF APPROVAL, CONTINUED: 5) THE WELL SHALL BE CONSTRUCTED NO MORE TRAN 200 FEET FROM THE LOCATION SPECIFIED ON THIS PERMIT. 6) THE ENTIRE LENGTH OF THE HOLE SHALL BE GEOPHYSICALLY LOGGED IN ACCORDANCE WITH THE ATTACHED INSTRUCTIONS PRIOR TO INSTALLING CASING. t 7) A TOTALIZING FLOW METER MUST BE INSTALLED ON THE WELL AND MAINTAINED IN GOOD WORKING ORDER. PERMANENT RECORDS OF ALL DIVERSIONS MUST BE MAINTAINED EY THE WELL OWNER (RECORDED AT LEAST ANNUALLY) AND SUBMITTED TO THE DIVISION ENGINEER UPON REQUEST. 8) THE OWNER ShALL MARK THE WELL IN A CONSPICUOUS PLACE WITH APPROPRIATE WELL PERMIT NUMBERS, NAME OF THE AQUIFER, AND COURT CASE NUMBERS. HE SHALL TAKE NECESSARY MEANS AND PRECAUTIONS TO PRESERVE THESE MARKINGS. 9) A PLAN FOR AUGMENTATION THAT PROVIDES FOR REPLACEMENT OF FOUR PERCENT OF THE AMOUNT OF GROUND WATER WITHDRAWN BY THIS WELL TO AFFECTED SURFACE STREAMS MUST BE APPROVED BY THE WATER COURT PRIOR TO WITHDRAWAL OF WATER C. FROM THE WE_L. K,n, ��.��►�$� - - • 920349 tiiRJ),g4,- 76 - COI nRADO DIVISION OF WATER RESOUQtcS _ t\i Ce iial Bldg., 1313 Sherman St., Denver,Colors 10203 a l 1}r; 2 ,985 • . } RE(.r.�t f .385 t PERMIT APPLICATION FORM 'et%TE+ RESWIRCCS Application must Jufv— 5 I :k'E-ENGINEER be complete where ())A PERMIT TO USE GROUND WATER =4' applicable. Type or wl►TER RISv11ISI. (),C) A PERMIT TO CONSTRUCT A WELL print in BLACK stra•LN 11.44"‘ FOR: (x) A PERMIT TO INSTALL A PUMP I N Kj No overstrikes COLA or erasures unless ( ) REPLACEMENT FOR NO. initialed. ( ) OTHER WATER COURT CASE NO. (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME teAlnu - PPES1-l' /Fr,t y �-i11t Receipt No. 2 d IS 7 4 STREET iTi Q/ 4) L1) CO, 80413 3 a Basin Dist. CITY PIJTf-V/1..L-F en $06.S7J • (State) (Zip) CONDITIONS OF APPROVAL TELEPHONE NO 30-3/>gs--28# ' This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not ass`Te the applicant that no injury will occur to anot+er vested water - right or preclude another owner a= a vested water County 1J &O GJFI,41 right from seeking relief in a civil :ourt action. Iv la % ..,f the A) LA - '/.,Section /-S 1) APPROVED PURSUANT TO THE ArTACHED ACHED FINDINGS Twp. ;. A.; Rng. 66SIXTH Pm OF THE STATE ENGINEER DATED DECEMBER 10, 1985. IN 2) THE MAXIMUM PUMPING RATE OF THE WELL SHALL +NOT EXCEED 30 G.P .M. (3) WATER USE AND WELL DATA 3) THE ALLOWED ANNUAL AMOUNT CF GROUND WATER TO BE WITHDRAWN BY THIS WELL UNDER THIS PERMIT Proposed maximu-+ pumping rate (gpm) 30 IN COMBINATION WITH APPLICANT'S OTHER WELLS �� DESIGNATED D#1 , D#2, AND D#3 SMALL NOT EXCEED amount annual aount of ground water ( 4 ACRE-FEET. THIS AMOUNT S,JBJECT TO CHANGE to be appropriates (acre-feet): AS PROVIDED FOR IN THE FINDINGS OF THE STATE y Number of acres t= be irrigated: /)CA; ENGINEER. 4) GROUND WATER PRODUCTION FROM THIS WELL SHALL Proposed total de.,-.th (feet): IX'e3 BE LIMITED TO THE LARAMIE-FOX HILLS AQUIFER Aquifer ground wager is to be obtained from: WHICH IS LOCATED APPROXIMATELY 85 FEET BELOW LAND SURFACE AND EXTENDS TO AID APPROXIMATE FOX H,(L..s - L_ARH/II/4-- DEPTH OF 435 FEET. PLAIN (NON-PERFORATED) _ r.1 CASING MUST BE INSTALLED AND SEALED TO PREVENT Owner's well designation THE DIVERSION OF GROUND WATER FROM OTHER GROUND WATER TO BE USED FOR: AQUIFERS AND THE MOVEMENT OF GROUND WATER BE- ( ) HOUSEHOLD USE ONLY- no irrigation (0) TWEEN AQUIFERS . (?C) DOMESTIC I') ( ) INDUSTRIAL (5; - CONTINUED, ATTACHED SFSET - ()C) LIVESTOCK (2) ( ) IRRIGATION (6; $�(,,< COMMERCIAL (4) ( ► MUNICIPAL (8) ( ) OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) 29419-F - (4) DRILLER PERMIT NUMBER R DATE ISSUED DEC 1 1 L385 Name R f ��L. + Pl/�1 A j -/NC. EXPIRATION DA E 0 E 1 1 1986: Street l 11.r— )r/n 721 57: ) .C” • a . /t�, / ...,, City 1/2 ''. C ) 00 6 3 . ( -LE-ENT NEER) (State) (Zip) X53- 3i/ £73 — /3 B Telephone No. � Lic. No. 1 I.D. /"O .� WAD( � �i4 APPLICANT: MORNING FRESH FARMS, INC. WELL PERMIT NO. a 1'D `� - F CONCITIONS OF APPROVAL, CONTINUED: 5) THE WELL SHALL BE CONSTRUCTED NO MORE THAN 200 FEET FROM THE LOCATION SPECIFIED ON THIS PERY?IT. 6) THE ENTIRE LENGTH OF THE HOLE SHALL BE GEOPHYSICALLY LOGGED IN ACCORDANCE WITH THE ATTACHED INS-RUCTIONS PRIOR TO INSTALLING CASING. 7) A TOTALIZING FLOW ME-ER MUST BE INSTALLED ON THE t►'ELL AND MAINTAINED IN GOOD WORKING ORDER_ PERMANENT RECORDS OF ALL DIVERSIONS MUST BE MAINTAINED BY THE WEL_ OWNER (RECORDED AT LEAST ANNUALLY) AND SUBMITTED TO THE DIVISION ENGINEER UPON REQUEST. 8) THE OWNER SHALL MARK THE WELL IN A CONSPICUOUS PLACE WITH APPROPRIATE WELL PERMIT NUMBERS, NAME OF THE AQUIFER, AND COURT CASE NUMBERS. HE SHALL TAKE NECESSARY MEANS AND PRECAUTIONS TO PRESERVE THESE MARKINGS. 9) A PLAN FOR AUGMENTATION THAT PROVIDES FOR REPLACEMENT OF FOUR PERCENT OF THE AMOUNT OF GROUND WATER WITHDRAWN BY THIS WELL TO AFFECTED SURFACE STREAMS MUST BE APPR JVED BY THE WATER COURT PRIOR TO WITHDRAWAL OF WATER FROM THE WELL. .14Srr )241')S4 • PERMIT EXPIRATION DATE EXTENDED TO T)t C . A 19 S' 2 . 74. 12-I2- PERMIT EXPIRATION DATE EXTENDED TO Dec-. _ f 1 ,, 19 S — b. �(A07 92°349 I -:1 THE Kta-"ION OF THE PROP r__D WELL and the area on ` '' (� THE WEI.t.MUST BE LOCATED BI �, which the water will be used must be indicated on the diagram below. by distances from section lines., Use the CENTER SECTION It section, 640 acres) for the well location. + — —}- — —}— — ± — 4._ _ 4_ _ _j_ — 4.. _ + —S/g,4 Y_ft, from $D 07-f sec.gine (north or south (4—I MIL1£.5280 FEET---j I /3.2-0 ft.from WE S 7 sec.[line T + + + + -1- + 1 (east or west) +" I LET BLOCK__FILING • I I I — 4 ,- NORTH SECTION LINE — + — SUBDIVISION (TAD TRACT ON WHICH WELL WILL BE YNORTH� Lk — i A'i" T — — —m I LOCATED Owner:fl't4,eNiut-T &'.,Fr010 — �, + + Na of acres 3 aZC, . Will this be D\2 I I "f m ' the only well on this tract? Ain — --i- Z. 5 I /6- 1 --i- - 3 w I I 0 (8 PROPOSED CASIN PROGRAM u, I Plain Casing f -m (f in.from C I ft.to fit' I Off'`-' HOkE in.from 1140 ft.to d>0O tt. r — + - I i — —F- — Perforated casing SOUTH SECTION LINE I I L.'. C.P. 3 2 . I _in.from ft.to + -I- 4 4 -I- + in.from ft. to . I II I I (9I FOR REPLACEMENT WELLSgivedistare - _4. - - + - + - -I- - -}- - -+- _ -.I- and direction from old well and plans for pluggirsg it: The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. WATER EOU'VALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of lanai 1 foot deap 1 cubic foot per second(cis) . 449 gallons per minute(gpm) A family of 5 will require sporcrumately 1 acre-foot of water per year. 1 acre-foot ..43.560 cubic fear .325.900 gallons. 1.000 gpm pumped continuouslu for one day produces 4.42 acre-feet. '0) LAND ON WHICH GROUND WATER WILL BE USED; _•r(s). .142 Q/L•r/N& '?ES[J FAQ'/VSO J'A)(. , No.of acres: 1 120 — ). description: Y. C / 7 R n�� /�) e In 21 Al. 6JAc.Z '1) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate of disposal 'em to be used. PREOUM/P.,/4,U7Zr TV PRr7vloE aRiAikii)C; c..11 7-- R Poi -1((< 'S ((G-G- P., 0 Dwc ri D 4v). Sor►?C c347.E-R u SF.O 4 Y 4)a ie x c--s3 -- /1 A ir; FN7s • , i5P0s, L KS)" •Si;P7- T7'A) 1. 5i4CH fiiEi-' . .') OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for(purpose) Description of land on which used ;.!,R IC-i !OA) CZA-rek COU2T C,tS. ''' 1,J-S$'/2 6436.2.-Ff 6363-F.3-lasy8- F Y-l0?o3- P) r L/Lc-)TDC'K"fl 4Qfr!t S7/(r ,f -s' L)-53`1 2 &—Y239(0)to-V3►54t'5-y 1.315, 4)-l)KoY?i-/=) (13; THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS rXRUE TO THE BEST OF HIS KNOWLEDGE.iz441. ,4, e, iez,d- ,4 5,G 4 URE F APPLICANT(S) Use additional sheets of paper if more space ir; required. 93 r . 1 .J SOIL REPORT According to the U. S. Department of Agriculture, Soil Conservation Service, the following soils are present on the W 1/2 of Section 15 , Township 3 North, Range 66 West of the 6th P.M. : r 35 Loup-Boel loamy sands, 0 to 3 percent slopes 69 Valent sand, 0 to 3 percent slopes 70 Valent sand, 0 to 9 percent slopes 72 Vona loamy sand, 0 to 3 percent slopes / 9349 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Morning Fresh Farms Case Number: Amended SUP-44 Submitted or Prepared Prior to Hearing At Hearing 1. Application 39 pages X 2. 1 Application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Judith Yamaguchi, August 5, 1992, Field Check X 12. August 20, 1992, referral from Weld County X Engineering 13. August 13, 1992, referral from Weld County X Health Department 14. August 6, 1992, referral from Platteville X Planning Commission 15. August 14, 1992, referral from Platteville X Fire Protection District. 16. August 11, 1992, referral from Colorado Oil and X Gas Conservation Commission 17. July 30, 1992, letter to Lanell Swanson from Kim X Lawrence 18. July 27, 1992, letter from Division of Water X Resources to Kim Lawrence 19. July 30, 1992, letter to Hal Simpson from Kim X Lawrence. -. .--)1• 920949 H•) 131 IT /9 INVENTORY OF ITEMS, Amended SUP-44 Morning Fresh Farms Page 2 Submitted or Prepared Prior to Hearing At Hearing 20. May 21, 1992, letter to Hal Simpson from Kim X Lawrence 21. July 7, 1992, letter to Dr. John Eckhardt from X Kim Lawrence 22. July 17, 1992, letter to Brian Ahrens from Kim X Lawrence 23. July 30, 1992, letter to Hal Simpson from Kim X Lawrence 24. July 31, 1992, letter to applicant from Lanell X Swanson 25. July 31, 1992, referral from Weld County X Extension Office. I hereby certify that the 25 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on September 4, 1992. rr nt P1 27— STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 44- day of 19 q SEAL f N� �01�ARY PUBLIg My Commission expires November 21,1995 My Commission Expires ` LL O V t) 0 :y 92094;� 'XHIBIT INVENTORY CONTROL SHEET Exhibit Submitted By Exhibit Description 1 )i) a R. A.9ly/ sz_ B. 9 )y)?-1_ c. 0,Viry;-16). _ ,,,► �e-mr �.�,.�.,,.A. a 1)Y 9._ D. � . )(3G c) ) / c E. ��. _ F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 920949 0 S MORNING FRESH FARMS, INC. Capacity and water consumption history (irrigation & greenhouse usage not included) Gallons consumed Year Daily Acre Feet # LAYER * Layer per 100 layer Consump Per Year Houses Capacity capacity/day 1980 24,000 26.88 13 390,000 6.15 1981 27,000 30.24 15 450,000 6.00 1982 31,500 35.28 18 540,000 5.83 1983 34,500 38.64 20 600,000 5.75 1984 37,500 42.00 22 660,000 5.68 1985 40,500 45.36 24 720,000 5.63 1986 42,000 47.04 25 750,000 5.60 1987 42,000 47.04 25 750,000 5.60 1988 42,000 47.04 25 750,000 5.60 1989 42,000 47.04 25 750,000 5.60 1990 42,000 47.04 25 750,000 5.60 1991 42,243 47.31 26 780,000 5.42 1992 46,191 51.73 28 840,000 5.50 57,750 64.68 35 1,050,000 5.50 66,000 73.92 40 1,200,000 5.50 0r0 74,250 83.16 45 1,350,000 5.50 0• 82,500 92.40 50 1,500,000 5.50 O 90,750 101.64 55 1,650,000 5.50 • 99,000 110.88 60 1,800,000 5.50 a 107,250 120.12 65 1,950,000 5.50 110,000 123.20 67 2,000,000 5.50 * NOTE: This figure does not include total bird numbers, only LAYER CAPACITY. Actual layers on hand is always less than capacity. The daily consumption per 100 layers takes into account all water used for all uses other than irrigation. Since the ratio between layers and growing birds/pullets remains constant, the total layer capacity times the average consumption per 100 birds should accurately predit future consumption. Usage per 100 layers has declined over time primarily due to the following factors; 1) the birds are smaller and require less water, 2) we converted to nipple waterers in 1989-1990 which do not have any evaporation or spillage loss, 3) automation has significantly reduced the number of employees per 100 birds, 4) we have benefited from some economies of scale with our egg washing system. EXHIBIT 1 920949 //7O// a 4.b{ -ev/7 5 u Le tt' S�4 g 6' 6 o c k e300 uRINKING WATER STANDARDS �1lt Ecef 46 7 P1,S' //C/ 6d. ?�/evc — /,/n,4L I/r-i P ric 4 _ Very pure Drinkable Suspect Foul water water water water Number of bacteria per liter 0-10 10-100 1 000-10 000 100 000 Number of E. Coli/liter 10-50 Hydrometric - Level 5-15° <-30° 30°> 40> Organic substances (mg/I) 0 1 , 3 4,5 Nitrates (mg/I) 0 0-15 15-30 30> Ammonia mg/I) 0 0 2 10 Cloudiness (or turbidity) — 5U 25 U Iron (mg/I) — 0.3 — 1 Manganese (mg/I) — 0.1 — 0.5 Copper (mg/I) — 1 1.5 (mg/I) Zinc — 5 —— 15 Calcium — 200 Magnesium (mg/l) - 50 - 1 Sulphates (mg/I) — 200 — 00 Chlorides 400 (m9/I) — 200 — 600 pH6.8-7.5 — When taking a water sample for laboratory analysis, the water quality. Information on treating inferior quality it is important to follow the laboratory's instructions for water is often available from the analysis laboratory. ISA sampling exactly. The analysis is no better than the is also happy to provide information on these systems sample. In order to detect possible contamination in holding tanks or pipelines, it is important to take samples not WATER CONSUMPTION only at the incoming source to the farm, but also as Water consumption in poultry varies tremendously near to the poultry waterers as possible. according to the room temperature,the humidity, and the If your area has a wet and a dry season, it is temperature of the water. The following chart gives necessary to take samples during both seasons. ' approximate consumption rates at 21°C(70°F).It is only a guide, 'DO NOT LIMIT WATER CONSUMPTION TO TREATING IMPURE WATER THIS RATE. Changes in room temperature, or water temperature, Depending on the type of contamination or impurities can change the consumption rate drastically. in the water, various systems are available to improve NORMAL DAILY WATER CONSUMPTION FOR BIRDS AT A 21°C (70°F) TEMPERATURE gal/100 birds/day 1st and 2nd week 3rd week 45 g bird/day 1.2 4th week 50 g bird/day 1.3 5th week 60 g bird/day 1.6 6th week 70 g bird/day 1.9 7th week 80 g bird/day 2.2 8th week 90 g bird/day 2.4 9th week 95 g bird/day 2.6 10th week 100 bird/day 11th week 105 g bird/day 2.8 7- • 12th week 110 g bird/day 3.0 13th week 110 g bird/day 3.0 14th week 115 g bird/day 3.1 15th week 115 g bird/day 3.1 16th week 120 g bird/day 3.3 17th week 120 g bird/day 3.4 18th week 125 g bird/day 3.5 19th week 130 g bird/day 3.8 20th week 140 g bird/day 4.0 920949 EXHIBIT 2 daft-(1.,214. /-0 , - !i!R CPv1'��(;l o C//4/4, ,5-ec eryic( -2-4 t 4 ater Water iI not only required by the bird to meet its nutrient See page 14 for acceptable water standards. and temperature control needs, it is also needed for produc- tion and egg size. Water consumption is an important in- At 21°C (70°F) an adult layer will consume roughly twice dicator of flock health. A sudden drop in consumption can as much water (by weight) as feed, i.e. be a warning of a health problem. We recommend poultry houses bel equipped with a water consumption meter and Feed/bird Water/bird Water/100 birds daily recording and reviews regularly made. Such reviews 100g , 0.2 liter 20 liters must include cross reference to daily house temperatures, 3.5 ozs. 6.7 fluid ozs. 5.25 gallons since birds will consume only half as much water at 21°C (70°F) as:at 32°C (90°F). Anticipated DEKALB Delta consumption thru lay at 22° C (72°F)house temperature and 16°C(60°F)water temperature Try to provide cool water to the birds — as close to 16° is given on pages 26&27(gls/100 birds)and pages 28&29 C. (60° F.) as possible. (ltrs/100 birds). Ventilation Condition Temperature m3h CFM Absolute Minimum Ventilation Rate Regardless .9 per bird .50 per bird Normal Minimum Ventilation — • 1.7 per bird 1.00 per bird (Temperature Permitting) Maximum Ventilation Capability Never Over 9-10 per bird 5 to 6 per bird (Mild Climates) 32° C. (90° F.) Maximum Ventilation Capability Frequently Over 13-14 per bird 7 to 8 per bird ' (Hot Climates) 32° C. (90° F.) Temperature Consistent with minimum and maximum ventilation stan- is reduced. Above 27° C. (81° F.) feed consumption dards, we recommend that every effort be made to main- . decreases and it becomes more difficult to provide the non- tain laying house ambient temperatures within the range energy nutrient needs of the layer. of 20°-27(° C. (68°-81° F.). Within this range, the best levels of feed efficiency can be achieved provided daily non- In hot climates with low humidity, the use of evapora- energy nutrient intake needs are met. Below 20°C. (68° tive cooling systems should be considered. F.) feed 'consumption increases and feed efficiency Sanitation & Health The same program of sanitation and isolation outlined the eight steps listed on page 16— minus fumigation (No. on page 15 for pullet growing applies to laying house 9). A carefully followed, thorough clean-out program is management. For clean-out of the laying house, follow necessary to prevent disease. EXHIBIT 3 920949 24 ea CO CO cal CD CI lie�Oc°OCC.5 B0 1C)sl7.— IIt0 r7t D. 0CR4 A:D I-N a02°Rci.7p7tOmov'NC'�oCi'1t°cic1D "T42N 3 NLV N Nt'N) NN NNNNN N N COq N N N N N N N N N N N CC1tg) N N i07 C0'1 N N NNNc•) C)NCO") NNN C a 88888888888888888888888888888888888888888 ass al g 0 O 0 0 0 0 0 0 C 8 0 0 6 0 0 0 C 0 0 C 0 0 0 0 C G C G G 0 0 0 C 0 0 0 0 6 0 6 0 0 8 0 N O Z 0 0 0Q Qp 0p C W co co co 00000000888888880.00000 0 0 0 0 8 S G O 0 0 0 0 0 0 0 0 o C7 8�- 0 0 0 0 0 Co 0 0 0 0 v C c c o6 0 0 0 0 0 0 0 0 0 0 0 o G C G G G6 o C o6 c o o C6 C G o 0 o C o6 o c o 0 0 al Z � // A :12-e7 C'N t► 4tO.-8 'DA 28 St ON2Ste) 7 NF}► 4) L!)O)C�O O)O O tip�' �t P)0 ti �O.- �C)8 Q� t0 nC7)OQ)OO47 Ste)c0 NGO C'7 f��0) CD 47NO�CD I�S�B c0 (O I`` .. 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Q.(9 tfl � Q � O � Nt70LV� 0Pi ciQ'C) 17 C7 CiQQt7 QC7 Ci C:C' iri lei C7 Lei Cr1 O1 C'00t'1 e•i ciNvvli 1'i 178117 0700 M O 8888800000votNnoovQD0088380Sg�' t`gi000000t($v10 110 aN 0 rimal km OCOCNOooCOooNooNONociooN0000NNoocioGoNNcVNNN O.-o 3 Z 00000000000900098 8p 8p 0p O o o O 00000988 800000000 000 0 O 0 O O O 0 0 0 o 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 00000C300 0 0 0 O O 0 000 _ t C C C C C C o 0 o O C o 0 o C 0 G o O 0 0 0 0 O 0 O C C o O o 0 0 0 o G G O O C 0 O C 0 NJ 2 CC fines} 0 8828888888882888882888888888888888888888 O O O - 0 o ód C C o 0 0 0 0 0 0 0 O 0 o C O o 0 0 O O O O o c o 0 o C o 0 0 0 O 0 0 0 0 0 0 000 o li i p pp pp O O o 0 0 0 0 0 0 0 0 o O o 0 0 8 8 8 8 0 0 0 0 0 0 0 0 0 0 8 8 8 0 0 0 0 0 0 0 0 0 0 0 8 C o c o 0 0 0 0 0 o c c C G o O O 0 0 0 0 0 0 0 O o c o 0 o G o 0 0 0 0 0 0 0 O o C o O o --r1 7 4 o•-Nc9 utC10101010 CD(0((0 t(0 ttiptomor•acIvv�(oti�101010EZoSmSZ�i o m i. 1NNmOOCDCIO1Ci �C?OO df cb000C7C Ca C/OGQ7CDCDCD 01010 x000 10 '"' 6 c121 co ifi- 9 coo/Zoo M 30I330 4 rr r4- 9 94 Q0A�0� 9�Str UfC DOE$ TS�tT Z6/6Z/90 HEARING CERTIFICATION DOCKET NO. 92-55 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A LIVESTOCK CONFINEMENT OPERATION (2,410,000 CHICKENS) , FERTILIZER AND COMPOSTING FACILITY, AND A GREENHOUSE IN THE A (AGRICULTURAL) ZONE DISTRICT - MORNING FRESH FARMS A public hearing was conducted on September 30, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated September 9, 1992, and duly published September 17, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of Morning Fresh Farms for a Site Specific Development Plan and Special Review Permit for a livestock confinement operation (2,410,000 chickens) , fertilizer and composting facility, and a greenhouse in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. Fred Otis, Attorney, represented the applicant and stated this is one of the most successful agricultural operations in Weld County. He said there are currently 1,000, 000 chickens, which produce 4,000,000 eggs per week. He said they are expanding the facility which has been in existence for approximately 20 years. (Change to Tape #92-29 during Mr. Otis' presentation. ) Mr. Otis said Joe Raith, property owner, lives on site and is available for questions. Commissioner Lacy asked if the issue regarding waste being a nuisance problem to a third-party farm was resolved. Mr. Otis explained that the waste did not come from Morning Fresh Farms. Ms. Swanson said that issue was brought up generally in regards to a standard in the future, and she confirmed that it was not this particular farm which caused the nuisance. Mr. Otis said all standards are acceptable. Commissioner Lacy stated the amount of traffic in the area is already heavy, and the expansion will increase this. He said any contributions the Raith brothers would be able to make for the upkeep of the road would be much appreciated. In response to a question from Commissioner Webster, Mr. Otis said almost all grain is bought locally, and additional bins have been provided on the plat. In addition to Commissioner Lacy's comment, Commissioner Harbert said that if this were a new application for a Special Review Permit, they would be required to pave or widen the road. She said the existing road is nice, and she hopes they will keep it that way. Commissioner Lacy noted for the record that all surrounding property owners were notified. Ms. Swanson confirmed that all surrounding property owners were notified twice. There was no public testimony offered concerning this matter. Commissioner Harbert moved to approve the request of Morning Fresh Farms for a Site Specific Development Plan and Special Review Permit for a livestock confinement operation (2,410,000 chickens) , fertilizer and composting facility, and a greenhouse in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Webster, and it carried unanimously. 920949 4r RE: HEARING CERTIFICATION - MORNING FRESH FARMS PAGE 2 This Certification was approved on the 5th day of October, 1992. APPROVED: ATTEST: 144 .bn f� !/'�� / BOARD OF COUNTY COMMISSIONERS {V vV WELD COUNTY, COLORADO Weld County Clerk to the Board By: �-�, George Ke edy, Chairman • Deputy Clen to the Board EXCUSED DATE OF APPROVAL Constance L. Harbert, Pro-Tem TAPE #92-28 & #92-29 C. W. Kir DOCKET #92-55 Gor acy g�988� PL0903 W. H. Webster 920949 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 30th DAY OF September 1992: DOCKET # 92-53 - USR for Hill-N-Park Baptist Church, c/o Butzine DOCKET 4l 92-55 - USR for Morning Fresh Farms DOCKET # DOCKET 4l PLEASE write or print your name legibly, your address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. .NAME / ADDRESS/�t �f HEARING ATTENDING J� ' r 'X41 'x/701 Co 0ilc3e Jf /7/ L6- 77_ i c' rJ0�c',pita/ O h v ve/ J ' Ia1 weo PA J I' oz1u' Icy„et- le ��- /3076 //≥) A- r/,l-� ,, e-d �'/A°n r.�e,lt -� X14 . -,-0 ieb- I a z 2 f7 3 O� / /-u-i-Q._ • 920949 Hello