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HomeMy WebLinkAbout930870.tiff NATIONAL FARMS, INC. 816-221-4501 February 3, 1993 Connie Harbert Office of Board of County Commissioners P.O. Box 758 Greeley, Colorado 80632 Dear Ms . Harbert: This letter addresses the memorandum submitted as well as the comments made to the Board of County Commissioners by representatives of Mr. Anschutz at your January 29, 1993 meeting. The meeting opened with background information given by Mr. Lyons and Mr. Stovall. The main body of the presentation then got underway when Mr. McGregor described National Hog Farms ' monitoring systems . Mr. McGregor quickly focused in on effluent monitoring well number eleven which he describes in his memorandum to the Board as " . . . the well closest to the NHF disposal area. " He showed a graph illustrating elevated nitrate nitrogen levels over time. This graph came from a set of graphs Mr. McGregor produced and included in a letter to Mr. Lyons and Mr. Forman dated November 25, 1992 . I have copied and included seven graphs from this letter. These graphs were all produced by Mr. McGregor's firm for Mr. Lyons and Mr. Forman and depict nitrate nitrogen concentrations in the seven wells which are closet to and equidistant from disposal areas at National Hog Farms . EM 11 is the only one of the seven indicating any increase. Four others indicate decreases and the remaining two, while only containing two data points apiece, also indicate decreases . Mr. McGregor explained why this "increase" was occurring. He submitted a graph showing the nitrogen concentrations of the applied effluent and contrasted this with the concentrations National Hog Farms projected in its preliminary engineering. The statement was made that National Hog Farm's effluent was "too hot" and measures "in excess of 600 ppm nitrogen" . He also noted that National Hog Farms had originally talked in terms of 180 ppm of nitrogen. What Mr. McGregor did was to purposely mislead the Board by mixing two different measures of nitrogen concentration. He repeated his deception later in his presentation when questioned by Ms . Kirkmeyer about effluent testing. He did it again in his Int ' 970870 VI( 0\�3 C A A_ 1600 GENESSEE KANSAS CITY. MISSOURI 64102 NATIONAL FARMS, INC. 816.221-4501 Ms . Harbert February 3, 1993 Page 2 memorandum to the Board when he said " The IT Operations Plan was based on a holding tank effluent nitrogen concentration of 180 ppm. The actual concentration, even after treatment, has averaged in excess of 660 ppm. " The IT Plan spoke in terms of 180 ppm of Plant Available Nitrogen (a measure of only the nitrogen which is in a form the plant can use and which takes into account all of the ways nitrogen is lost naturally during application) . Mr. McGregor is using a measure called Total Kjeldahl Nitrogen which is derived in a chemistry lab by acid extraction and titration and measures all of the elemental nitrogen in a sample. Both are legitimate ways of describing nitrogen in a sample but for Mr. McGregor to repeatedly compare and contract them without explaining the difference is inexcusable and brings his credibility into question. In fact, in 1991, the PAN concentration of the effluent at National Hog Farms was 231 ppm. In 1992, the PAN was 170 ppm. Mr. McGregor was then asked for his recommendation. He stated that the only solution was to cut National Hog Farms ' animal population to one-fourth of its present size. This comment betrays his and his employer's true intent and concern. Other points worth noting: 1) Despite the skepticism of Mr. Anschutz 's employees, our tests during the Spring and Summer of 1992 do indicate a positive response (in terms of dry matter production and nitrogen removal) to additional water on our pivots . I am including four graphs illustrating this . 2) The subject of application rates is one that continually is revisited. When one speaks on this subject, one needs to remember there are two components - inches of application and concentration of the liquid applied. In 1991 National Hog Farms applied approximately seven inches of effluent with a 231 ppm PAN concentration. In 1992, we applied approximately six and one-half inches onto fifty per cent more land but using an effluent with only seventy-four percent of the PAN concentration (170 ppm) as in 1991 . Contrast this with the Agreement with Weld County which permits up to 25 . 55 inches per year (Section V B) . 3) Mr. McGregor stated National Hog Farms has 1700 acres of application area. The actual amount is 2860 acres . 1600 GENESSEE KANSAS CITY, MISSOURI 64102 NATIONAL FARMS, INC. 816-221-4501 Ms. Harbert February 3, 1993 Page 3 4) Mr. McGregor speaks of " . . .odor complaints in the area. . . " . National Hog Farms is unaware of any complaints over the last four years and would expect to have been made aware of any if in fact any had been made and registered with Weld County Health. 5) Bob Stovall noted that if he were to design a program for National Hog Farms, he would recommend mixing native warm season grasses with National Hog Farms ' cool season tame grasses . That program is and always has been in place at National Hog Farms . 6) National Hog Farms is testing wells and continues its monitoring process . We have simply gone back to the program in place prior to December of 1990 as previously discussed with the Board. 7) In a meeting with John Pickle after the Board meeting, Bill O'Hare and I introduced Frank Haywood to John. Frank is a new employee of ours who is a chemist and lab technician. Frank has worked for the EPA on Superfund cleanups such as the Southern Pacific's Sacramento spill site. 8) Also discussed at their meeting with John was our plan to add a water distribution system in the Spring of 1993 to our northern pivots . From notes of a Weld County Board work session dated December 14, 1992, I noted the staff were to write a letter that would " . . .encourage NHF to implement its remediation plan. " National took this to mean that Weld County wanted us to add the water system but since no mention of it was contained in Dr. Gordon's subsequent letter dated December 17 , 1992, clarification is needed. National Hog Farms believes Section IX of the Weld County/National Hog Farms Agreement requires Weld County Health to approve any and all revisions to the waste handling system. John said he would follow up with a letter clarifying this point. This latest presentation by Mr. Anschutz 's underlings with its selective reading of the data and transparent attempts to mislead the Board illustrates their creative although unethical abilities and behaviors . It also should put to rest the debate over who is credible and who is not on this subject. Mr. Anschutz and his hirelings would like nothing better than to force National Hog Farms out of business, send two hundred people to the unemployment 1600 GENESSEE KANSAS CITY. MISSOURI 64102 NATIONAL FARMS, INC. 816-221-4501 Ms. Harbert February 3, 1993 Page 4 lines, and destroy an annual market for over three million bushels of grain so Mr. Anschutz can expand his hunting range to include National Farms ' property. Their latest presentation demonstrates that they will not allow anything as insignificant as honest data or truthful renderings of the facts to stand in their way. National Hog Farms appreciates the efforts expended by the Board and Weld County Health to preserve the environmental integrity of Weld County while providing a place for economic activity to occur. National Hog Farms looks forward to our continuing partnership with Weld County in this endeavor. Best regards, NATIONAL FARMS, INC. Greg Gilsdorf GG/ps cc: Bill Haw Bill O'Hare Frank Haywood Barbara Kirkmeyer Bill Webster Dale Hall George Baxter Dr. Gordon John Pickle Patrick Armijo 1600 GENESSEE KANSAS CITY. 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