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Home My WebLink About900070.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR A LIVESTOCK CONFINEMENT OPERATION FOR 150 , 000 HEAD LAMB FEEDLOT AND A COMMERCIAL TRUCK WASHING FACILITY - CACTUS HILL RANCH COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board of County Commissioners held a public hearing on the 17th day of January, 1990, at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Cactus Hill Ranch Company, 38990 State Highway 257 , Fort Collins , Colorado 80521 , for a Site Specific Development Plan and amended Special Review Permit for a livestock confinement operation for 150 , 000 head lamb feedlot and a commercial truck washing facility on the following described real estate, to-wit: NWi and the W§SWI of Section 21 , and the S§SWi of Section 16 , all in Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Mike Ketterling, of Norton, Underwood and Lamb, 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. This proposal is located within the Urban Growth Boundary of the Town of Windsor and is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Area Goals and Policies. The 900070 Page 2 RE: AMEND USR - CACTUS HILL RANCH COMPANY Windsor Planning Commission reviewed this proposal on November 16, 1989 , and recommended approval , provided its concerns are met. These concerns are addressed in the attached Conditions of Approval and the Development Standards . b. The proposed use is consistent with the intent of the A (Agricultural) Zone District and is provided for as a Use by Special Review. c. The uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area as permitted by the Agricultural Zone District. d. No overlay districts affect the site. e. Special Review 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 amended Special Review Permit for a livestock confinement operation for 150 , 000 head lamb feedlot and a commercial truck washing facility 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 office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners . 2 . The expansion of the Special Review activity shall not occur nor shall any additional 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 . An Odor Abatement and Response Plan and a Dust Abatement Plan approved by the Weld County Health Department shall be submitted to the Department of Planning Services. 900070 Page 3 RE: AMEND USR - CACTUS HILL RANCH COMPANY 4 . A State of Colorado registered professional engineer shall be responsible for evaluating all the existing pond impounds and prior to using any new pond impoundments at the site shall submit a report to the Weld County Health Department. In the report the engineer shall certify and document the integrity of the liner of all impounded ponds . 5 . A copy of the plans for the truck wash facility, designed by a registered professional engineer licensed by the State of Colorado and approved by the Weld County Health Department, shall be submitted to the Department of Planning Services prior to the issuance of the required building permits for the truck wash facility. 6 . Prior to issuing building permits , a copy of the following shall be submitted to the Department of Planning Services: a. A plan approved by the Weld County Health Department for groundwater monitoring wells. The required monitoring wells shall be installed prior to the expansion of the Special Review Permit site. b. Evidence that the Division of Water Resources has approved the water supplies for all proposed uses. 7 . An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 8 . There is an issue as to whether a Certificate of Designation under CRS 30-20-101 et seq. , is required for the truck wash portion of the facility. The issue will be presented to the Weld District Court for a determination. Should the Court determine that a Certificate of Designation is required, the applicant shall apply within 30 days for a Certificate of Designation, and shall obtain approval from the Board of County Commissioners for the Certificate of Designation within six months . The applicant shall agree to abide with the Certificate of Designation determination of the State Health Department and the Weld County Board of County Commissioners. 900070 Rage 4 RE: AMEND USR - CACTUS HILL RANCH COMPANY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of January, A.D. , 1990 . , BOARD OF COUNTY COMMISSIONERS ATTEST: A w12,4 ) WEL OUNTY, COLORADO Weld County uerk and Recorder r (AYE) and Clerk to the Board Gene R. Brant , Chairman (NAY) a LY3c-yy�_Jy / LA) e ge Ken edy, Pro-Te eputy County Jerk AED AS TO FORM: Constance'LL`�`f��ar er �i� / (AYE) C.W. Kir y I Co ty Attorney (AYE) Go a 900070 DEVELOPMENT STANDARDS Cactus Hill Ranch Company Amended USR-803 1 . The Site Specific Development Plan and Special Review Permit is for a livestock confinement operation for 150, 000 head lamb feedlot and a commercial truck washing facility as submitted in the application material-s 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 Article 68 of Title 24 , C.R. S. , as amended. 3 . The applicant shall remove, handle , and stockpile manure from the livestock confinement areas and the truck wash 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 run-off. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. No dead animals shall be unloaded at the truck wash facility at any time. 4 . The facility shall be in compliance with the Colorado Guidelines for Feedlot Runoff Containment at all times . 5 . Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, antifreeze, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6 . Required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust, and shall be maintained in compliance at all times. 7 . No permanent disposal of wastes shall be permitted at this site. When the manure is used as a soil conditioner on farm ground, it is not considered waste. 8 . The property shall be maintained at all times in compliance with the approved Odor Abatement and Response Plan approved by the Weld County Health Department. -900070 Page 2 DEVELOPMENT STANDARDS - CACTUS -HILL RANCH COMPANY 9 . Ddors shall be minimized at all times and shall not equal or exceed the level of 31-to-1 dilutions threshold as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. 10 . Fugitive dust shall be confined and maintained in compliance with the approved Dust Abatement and Response Plan. 11 . an on-site manager familiar with the Special Review Permit Development Standards shall be on site at all times that the truck wash facility is open for business . 12 . One upslope and three downslope monitoring wells -shall be installed and maintained around the -existing runoff containment pond in accordance with the plan approved by the Weld County Health Department to evaluate the impact of the facility on groundwater. The groundwater monitoring wells shall be tested semi-annually for ammonia, nitrate/nitrite, total dissolved solids , dissolved oxygen, fecal coliform bacteria, and pH. The results of the tests shall be submitted to the Weld County Health Department for review. 13 . If the groundwater quality standard of Item 15 below is exceeded, the runoff containment pond shall be removed from service and a pond liner shall be installed to meet a lx10-6 cm/sec permeability standard. Sedimentation basins are not considered pond impoundments. 14 . The water level in the impoundments shall not be allowed to drop lower than the comparative level of the groundwater table. The ponds must have equal hydrostatic head on both sides of the liners to assure the integrity of the liners will not be compromised by the pressure from the aquifer. A minimum of a two-foot freeboard shall be maintained in the impoundments at all times and no effluent may be placed into an impoundment that has less than two feet of freeboard. 15 . The facility shall not contribute to or cause the deterioration of the groundwater table beyond 1 . 25 times the groundwater quality that exists at the present time. 16 . All livestock feed material and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions . 17 . Any required NPDES Permit shall be obtained from the Water Quality Control Division, Colorado Department of Health, amended if appropriate for the increased operation. 9000'70 Page 3 DEVELOPMENT STANDARDS - CACTUS HILL RANCH COMPANY 18 . Maximum permissi₹>le noise level shall not -exceed the industrial limit of 80d-B (A) , as measured according to 25-12-102 , Colorado Revised Statutes . 19 . No on-site disposal of dead animals shall be permitted at any time . Dead animals shall not be stored on the property in excess of 24 hours, and shall be removed daily. 20 . All individual sewage disposal systems required for the proposed facility shall be installed according to the Weld County Individual Sewage -Disposal Regulations. 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 Operation Standards of Section 24 .6 of the Weld County -Zoning Ordinance. 23 . The property owner Dr operator shall be responsible for complying with the Livestock Feeding Performance Standards of Section 47 of the Weld County -Zoning Ordinance. 24 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall he 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. 25 . 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. 26 . 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. 900070 PUBLIC NOTICE The Board of County Commissioner$ of Weld County, Colorado, on January 17, 1990, conditionally approved a Site Specific -Development Plan and an amended Special Review hermit 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: Cactus Hill Ranch Company 38990 State Highway 257 Fort Collins, Colorado 80521 LEGAL DESCRIPTION: NWi and the W}SWi of Section 21, and the S}SWI of Section 16, all in -Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: livestock confinement operation for 150,000 head lamb feedlot and a 'commercial truck washing facility SIZE OF PARCEL: 145 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: MARY ANN FEUERSTEIN COUNTY CLERK AND -RECORDER AND CLERK TO THE -BOARD BY: Mary Reiff, Deputy PUBLISHED: January 25, 1990, in The New News 900.070 i .. .... ._.. - .. PUBLIC NOTICE The Board of County Commissioners of Weld County, _Colorado, on January 17, 1990 conditionally. approved a Site _ Spended eve t Plan and an amended Special Review purse r t h for the -property and purpose approval his,. Condo s a il approval of this plan creates a •( .. vetted-66 ofty e 2 pursuant,to .. i amend 66 o Me 24, C.R.S. as t -- years. for a period of three yearn. APPLICANT: Cactus Hill Ranch Comppaennyy 36980 State Hie in 267 FOR'Collins col«ado 21 LEd.AL DESC-RIPTION: Null/4 and the %SWI/4/4 of Section 21 and towMNPW1/4 of Section 16,all F in Township 7 North Siange 67 West of the 6th P.M., Weld County,Colorado TYPE AND INTENSITY OF APPROVED USE: Livestock confinement operation for 150,000 coanuberciial truck washing facility SIZE. OF PARCEL: 146 acres, more or less ` - - Failure to abide by the terms_and r conditions of_approval will result - -- in _a forfeiture of the vested property right. ' BO COD OFCOUNTY COMMISSIONERS WELD. MA COUNTY COLORADO O,16-- BY: MARY ANNUERSTEIN 4%i . ` RECORDER COUNTY RK TO THE BOARD BY: Mary-Reiff,Deputy PUBLISHED: January 25, 1980, In .O72 -- The New News 900070 HEARING CERTIFICATION DOCKET NO. 89-63 RE: SITE SPECI-FIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR A LIVESTOCK CONFINEMENT OPERATION (150,000 HEAD LAMB FEEDLOT) AND A COMMERCIAL TRUCK WASHING FACILITY - CACTUS HILL RANC-H COMPANY A public hearing -was conducted on January 17, 1990, at 10:00 A.M., with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-lem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. -Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant _County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett Health -Department representataive, Wes Potter The following _business was transacted: I hereby certify that pursuant to a notice dated December 27, 1989, and duly published January 4, 11990, in The New News, a 'public hearing was conducted to consider the request of Cactus -Hill Ranch Company for a Site Specific development Plan and amended Special Review Permit for a livestock confinement operation (150,000 head lamb feedlot) and a commercial truck washing facility. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, -representing the Planning Department, presented the Planning Commission's recommendation for denial of this -request. Mike Ketterling, of Norton, Underwood, and Lamb, came forward to represent the applicants. He said the applicant has submitted for consideration revisions of Development Standards #7, #9, #10, #12, #13, #14, and #15 which were contained in the Planning staff's recommendation for approval of this request. They have also, in cooperation with the Health :Department, developed an Odor Abatement Plan ands: Dust Abatement Plan. Mr. Ketterling stated that Cactus Hill is a family business, and that members of the Nelson family would be speaking concerning this application. Walter Nelson, Nels Nelson, and Kenneth Nelson presented information concerning the operation. Kenneth Nelson submitted, and read into the record, letters from persons who were unable to attend this hearing. -Alden 'I. -Hill, owner of a farm near Cactus Hill Ranch, also spoke. During the above. testimony, Wes Potter, of the Weld County Health Department, answered questions of the Board -concerning the measurement of odor and dust particulates and about the -plans -which were presented. When the hearing was opened for public testimony, Craig Sparrow, _Carlton Barnett, Jim Rutz, Joe Benton, Hipolito Lintora, and Isidoro Loya spoke in favor of this application. (Tape Change #-90-3 prior to Mr. _Benton's testimony.) Bill Lake, Jack Winter, and Susan Lake spoke in opposition to this request. Everett Schlatthauer stated that he has no -problem with the odor of the operation, but he wants the Nelsons to live up to their commitment, and Rick Myers spoke in favor of the operation. At this time, the hearing was recessed until 1 :00 P.M. Upon -reconvening, Fred Walker spoke in favor of the operation, and Mr. Hill read a letter from Willis Smith, who was unable to -remain for the rest of the hearing, favoring the operation. John A. May, who manages property near this site, spoke against the request. Kevin Quam, a lamb buyer for Monfort, explained that Monfort can use the extra lambs which would be produced at this 900070 Page 2 RE: AMEND USR — CACTUS HILL RANCH COMPANY site if this is approved. Manuel Pineda and Rodney Anderson both spoke in favor of the request. (Tape Change #90-4) Tom Cope, of Total Engineering Service, submitted exhibits concerning the truck wash. He expressed concerns that the truck wash will not meet the Certificate of Designation criteria. He also mentioned concerns about some of the proposed changes to the Development Standards. At this time, there was considerable discussion about the truck wash and the Development Standards concerning it. Mr. Morrison explained that the issue of whether or not this facility requires a Certificate of Designation will be decided by the District Court. Sandy Nelson spoke 3n favor of this request. Wilbur Schild and Marvin Heckman both spoke against granting this request. Mr. Ketterling and Kenneth Nelson came forward to answer questions which were raised during the public testimony and to answer questions of the Board. (Tape Change #90-5) Mr. Hill also made comments. Mr. Schuett read a proposed addition to Development Standard #19, concerning the removal of dead animals, and a modification to Development Standard #7 as proposed by the applicant. Commissioner Lacy moved to amend Development Standard #7 as read into the record by Mr. Schuett. Commissioner Harbert seconded the motion which carried 4-1, with Commissioner Kennedy voting nay. Commissioner Lacy moved to accept the amendment of Development Standard #9 as proposed by the applicant. Commissioner Kirby seconded the motion, and it carried unanimously. Mr. Schuett stated that the -Planning Staff concurs with the -applicant's proposed amendment of Development Standard #10, and Commissioner Lacy moved to amend said Development Standard as proposed. Seconded by Commissioner Harbert, the motion carried unanimously. Commissioner _Lacy moved to amend Development Standard #12 as proposed by the applicant to provide that groundwater monitoring wells shall be tested semi-annually. Commissioner Kirby seconded the motion, and Mr. Schuett said _this would be acceptable to the Planning staff. The motion carri-ed 4-1 , with Commissioner Kennedy voting nay. Concerning proposed Development Standard #13, Mr. Potter stated that he would prefer to see the pond lined, but he would agree to the proposed Standard. Commissioner Harbert moved to accept Development Standard #13 as proposed by the applicant. The motion was seconded by Commissioner Lacy. Commissioner Brantner stated that he would vote against this motion. The motion married on a roll call vot-e, 3-2, with Commissioners Brantner and Kennedy voting nay. Mr. Potter explained the proposed amendment of Development Standard #14 and recommended approval. Commissioner Lacy moved to amend Development Standard #14 as proposed by the applicant. Seconded by Commissioner Harbert, the motion carried unanimously. Commissioner Lacy moved to amend Development Standard #15 as proposed by the applicant. The motion, seconded by Commissioner Harbert, carried unanimously. Commissioner Harbert moved to accept the recommendation Di Mr. Schuett for the amendment of Development Standard #19. The motion was seconded by Commissioner Lacy, and it married unanimously. Commissioner Lacy moved to approve the request of Cactus Hill Ranch Company for a Site Specific Development Plan and amended Special Review Permit, subject to the Conditions as recommended by the Planning staff and the Development Standards as amended. The motion was seconded by Commissioner Kirby, after which Commissioner -Lacy reviewed the criteria for considering a Special Review Permit. Commissioner Kennedy stated that he will vote against the motion. After comments by the other Commissioners, the motion carried 4-1 on a roll call vote, with Commissioner Kennedy voting nay. 900070 Page 2 RE: AMEND USR - CACTUS HILL RANCH COMPANY This Certification was approved on the 22nd day of January, 1990. APPROVED: i1 BOARD 0 COUNTY COMMISSIONERS ATTEST: WEL NTY, COLO 0 Weld County Clerk and Recorder and Clerk to the Board ene R. Brantner, Chairman Deputy County Cle Ge ge Kennedy, Pro- g� Tem onstance L. Harbert / C.W. Kir Go TAPE #90-2, #90=3, #90-4, and #90-5 DOCKET #89-63 PL0394 900070 (-- .. k.� / ,9 /L G' :.'')-r`A- �,. ,7 �i� ii, % ..4, /S/ ' 6, ( ( _7(2 ,7,2i/ / ifil;pc_ v , ,..4 7 '( / yC „ / S } __ sentz--„,./7_ 3/ ,, 5'ev /(- 4'y-t--/-2-c- <:::4. S5 S S-,33 4/gidi- ,, •'o )....i 1/861- /1`? 307°-NW, - .257- U A- 1 S 477'9 ‘ ( - t) 75 f/D7. 2571 I71T-r 9)03' wu2 19 27Gk7 a,s � 3 (ALL— /cell ems Co spy 701C-5' (JCR_ `7t 11A-u-reedet., ed.?) Seassa / /// 6 n I/6/ /� �e/%de fv / 7orj u� Nisrze Pic Lowe- r/ 1 � � Alt" A1 A.) (l J �1/ '1 Mad /U 6i G j / i/!1 zt 4 6 d 1/2 ?sue -' R L, / l A- 0 J &L) s 7 , 7 ,2 /. 3 7,2 ? ' /-71/ . .y5 7 Lit/IS- (A) . 9T r 6 lEI LE Y Co $0639 2 V zeick $6 ()CC( L --------------- 11 Q ..�'CE90 rat e,-)._,-7- D,7 �v �Q� l ii --5 -; R 4 „ s i CC3 :moo zJc:, 'ice Vii;.'%,-'-i , -/i/S-1 Cl ►42JGv� LeuL-i WLuDso,2 ; Co &C.; L'c�CG ( - STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH �r ,olio x211 td,[ l Ih Avenue x, ,py. Der 33 rd rmdo 80220 c On, ne 1703) 3211-83 33 Noy lo September 7 1988 r,rtrr fhoma, M- At owon M.D. execute e Dime tor Tom Cope, P.E. Total Engineering Service 4415 West 9th Street Greeley, C0 80634 Dear Tom: As we discussed over the telephone on September 2nd, the Greeley Washout truck wash facility's waste impoundments must comply with Section 6 of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 C.C.R. 1007-2-1). These Regulations may require the construction of liners for the impoundments primarily depending on the geohydrological regime underlying the site and the characteristics of the waste stream. A Certificate of Designation application must be submitted to the City and the Department of Health with a detailed design and operation plan indicating how the facility will comply with the Solid Waste Regulations. I would be happy to discuss the regulations and the application with you. Please call me at 331-4863 if you have any questions. Sincerely, L. ) Stephen J.' 0rzynski, P.E. Public Health Engineer Hazardous Materials & Waste Management Division SJ0/mw/3455K cc: Wes Potter, Weld County Health Department EXHIBIT 900070 COMMUNITY DEVELOPMENT Cit of,/eel y1000 10TH STREET, GREELEY. COLORADO-80631 (303) 350-9780 r aY r 1989 Tom Cope , P . E . Total Engineering Service 4415 West 9th Street Greeley , Colorado 80634 Tom: Thank you for the opportunity to review the request for an Unspecified Use Permit in the I-2 Zone District for the Greeley washout facility requested by Mr. Ed Duggan. This office has reviewed the information provided and has determined that if the facility is improved and operated as specified this operation should comply with the Unspecified Use Permit criteria as outlined in the City of Greeley Zoning Code, Section 18. 16 . 090. This approval is conditional upon the owner operating the facility according to the conditions set forth in the April 14 , 1989, letter from Wes Potter , Director of Weld County Environmental Protection Services . If at any time it is the sietermination of the Planning Department that these conditions are not complied with the Unspecified Use Permit will be null and void and immediate corrective action will be required. Thank you for all of your efforts in ensuring that this proposal will comply with all appropriate criteria. Sincerely , cir Stephen V . Hill Planning Administrator SVH/cs xc : Wes Potter Weld County Health Department / RECEIVED UT 311 1989 � DEPARTMENT OF HEALTH t 1516-HOSPITAL ROAD G REELEV. COLORADO RADODO 'Jc;. 1 ADMINISTRATION (303) 353WI -050 HEALTH PROTECTLON (303) on3 - COMMUNITY HEALTH (3031 353-033_ COLORADO October 24, 198-9 Mr. Ed Duggan Greeley Washout P. O. Box 340 Windsor, Colorado 80550 Dear Mr. Duggan: The staff has followed the development of the Greeley Washout through _this Summer of 1989. We have conducted various on site inspections during the construction. On this _date, a final inspection of the construction of the site was conducted by myself and Judy Schmidt of this office. We found that the facility was constructed as proposed and this letter will serve as approval of that construction. It was toted during the inspection, that the manure solids generated during the operation of the facility will exceed the volume anticipated by this Division. As we have discussed previously, I am not comfortable with the -present solids handling. I observed a significant amount of spillage and splash where the solids were removed and stored. I suggest you consider methods of handling and removal such as _a truck for storage and transport as we discussed. This letter -will serve as Division approval on all other aspects of the facility as Constructed. Please contact me if you have questions or if we can be of further help. • Sincerely, Wes Potter, Director Environmental Protection Services -dP270/dgc cc: Tom Cope, Total Engineering Steve Hill, City of Greeley, Planning Dept. 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Rf Q. vzf �Ai�bc. a ?,y� Y Ly. � ` E s is . i GP Y -6 - -:t.: my ' ,} it t K' $ { •yzt 3 C c -vC ''§"r- s IY ``Ts'� Yy!t,rt .r ,,,,,,,k):,.. a A ,mow E 1 ,cF--4 $ya° S `. o-4 ' 4 °x 4 ' ": ° r _ ,� '4, t{i �R + a-CJo c '4` „"'s; fl°`M4. it r fi7 b,- Aa9y 'f+nS�, t' �` ' 1 4 kV A ' 9 `Q i .R R ott .bf( v G 1 '� '-:g`. °,fe `.n n4 h f.5 rt' cq w v d '94. 1 I t . f : - -- :X.�NiIF�� ..��4�Wri�al�li.� _ i;,c ' Mr. 4J t nt�r, 1.1 Fe_ r' t It e r (4; d So wa j so el, Fe -a.c.at ki'NL•• \S A r ep l _, '-1 re.co..iv-tJ s P COLORADO HEALTH G.. d tuck 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 388-6111 R. L. CLEERE, M,D., M.P.H., DIRECTOR May 29, 1973 Mr. Steven L. Peterson Greeley Audubon Society Route 1 , Box 61 Greeley, Colorado 80631 Dear Mr. Peterson: Your letter of May 17, 1973, addressed to Governor John A. Love, and with regard to the pollution situation that exists at the Cactus Hill Ranch Company feedlot, has been referred to this Department for reply. I am informed by the Director of our Water Pollution Control Division that the Commission did take action with regard to this feedlot at their meeting held on May 15, 1973. At this meeting they directed that a cease and desist order be issued to the Cactus Hill Ranch Company informing them that they must have this pollution problem alleviated by October 1 , 1973. The cease and desist order also directs that a progress report be furnished to the State Water Pollution Control Com- mission sixty days after the cease and desist order is issued, and each thirty days thereafter until the problem is completely resolved. Failure to comply with said cease and desist order can result in legal action being taken against the Company. It is true that it has taken a long time to get this problem corrected , but with the limited staff it has been necessary that we concentrate on municipal and industrial waste problems first. Since these have been pretty much resolved and corrected, the attention of the Water Pollution Control Division staff has now been directed to agricultural problems and mine drainage problems. We thank you for your letter and hope that our reply will prove satis- factory. Sincerely yours , a70-2,1 R. L. Cleere, M.D. , M.P.H. Executive Direc • RLC/FJR:bls EXH1g cc: Office of the Governor 9e 00''r® / o tail p PUBLISHED WEEKLY AND DEL L�u.., °i " T m � a 'd5°4 ' „4,-I r : )L `,'. •` + '»ttr..�mw*.i , , .,�, s({ EATON, IOHNSTOWN, WINDSOR '*"::'Greeley, Colorado 80631 July 26, 1973 Feedlot In Windsor x, — `Clash ` Wi. Is Cited In Fouling Feedlot Called Of Irritation From Page E Polluter at Water B since going to do some "ta at Aimswork: Status Of t- Health Unit Hearing ogganyone,on ditch.Weldon't tuse rit just to stall asked r f e,a hearin � a t7 ore that On Merit Is Called (the water) ourselves;'but a ketentiod ponds will be t•muik.,.. i Board IS At I lot of other people dug theib' -..7••••:' s their meeting WI The State Health Depart- use it and to hold runoff, he kram he has dragged rn ment will hear e appeal they don't object. The Health said. • Sep- ' Department does. That's why "'Well do some:work and Brain be has dragged r. tember 18 from the CactusFRONT last December. Hill Ranch Company, a there's a fuss. let them(the Health Depart- meeting He added that there ment) have their way," measuring Ket "It should U Windsor Feedlot accused of probably won't be a hearing said. "But it sets a.prcedent measuring m eissenel too;"he added. polluting. Ellingson, a open At issue is C The Health Department or- that's not good for the in- noel sciettce dered the company dust Mexican-Ames y to cease ry' staff ad- -program ahead and desist the pollution of CIa .exican- the Board. Chi Eaton Ditch May IS after ' V tt Aims, are asking that protests from ranchers living Jelden Writes tat the study be downstream from Cactus - Dc David L. Jelden, UNC From made Hill. professor of industrial arts, President Et invent Inept The ranchers said their has had two articles published to a Mexir stock the ditch, to drink water • D �� . ,recently, "What Research program Ether from ditch, Frank Rozich Says About Industrial Arts,in in January and '.FC1r11 iIy Re. of the Water Quality Control + Man/ Society /Technology 'very recepti• ilsh citizenship, to yesterday. irking all day Friday "Laps: Appli- motion recent) gets his Water Pollution Control 1.--------______ cations to Vocational-Tech- 1 incredible cant[ Division invcstigaors, during nical Teacher Education" in has been frcni, land this to trahter, nslates D. a tour of the in May, the Journal of Industrial Chicano etude ecause of certificate fn found 500 head areaof cattle and Teacher Education. - bers of the ti Iditure of 50,000 sheep packed into a ?k Values$27,00 a pail Education.. force charged J.S.' State English. (Flatr: 20-acre area. Runoff from the B have it done in property went directly into a .tats in The letter w culvert along Colorado high- PAIR FOR $19.99 -� 12, less than 1 way I I5, yell be in before Gram w; • Rozich said, and !AIR FOR $11.00 QUALITY FIT FOR ROYALTY continued through apipe ig the lit- the U.S. It artis the Eaton Ditch. to DUI:ED July 20, one w Eaton ditch E "considered 1/4, 1/3& 1/2 d States, was supposed .:resident, tc waters of the start;" Rozich ELF PRICE aid of, As a resu pointed out, and water 49 -n2•;`t? STEAM"KING r Floyd Haskoll's Wash flowing into it must receive ¢Lql`�' I��I' .CARPET CLEANING Pan has been urge: "adequate treatment" 4 �' • v, and n expedite the car I He said that holding ponds • ALEXANDER State Depa which catch the runnoff are �' "-d in Washington. : DON Force the "recommended" method 75063orH' dm Gram Flatray, a w, of treating such waste water. GREELEY.COLORADO 80631 'ie child with City Stora The method is in use at most -' fer in Boul I area feedlots. .the help married a 7 Rozich said that tom- * --�-- ;bassy in Bangkok in J.plaints from neighbors had •99 ` ,+,�a-* travel while on duty been coming to the Health - �,,,,� ` - �; nto travel '4rmY• Department for nearly a year 'r by July The girl, nai before action was taken. %OFF ```_ '.yup tale, came to the U: Cactus Hill owner Kenneth ' . ' tad States, August, 1969. Nelson yesterday said that-y%OFF "' ` "iinly be However, wit only one neighbor objected - �a dl of- Brew homesick and see her mother, it's kind of an I ,.. candling .treasonable objection. He's" e ' ,I She returned doing ' ..`*. r. the same thing we're t September, 197 doing. .,x s • ..p He feeds sheep and we r ' a .� .:Consul, that was expt feed sh ..� `n which about a yta Nelson said, "1 don't think ( " pregnant at t we're polluting anything. It - didn't know it. (the runoff) goes into an 'DUCED 1/3 - 1/2 n — ,ejections Sumalee on ga see Page 2 a • boning and died on hil ��yy d% OFF '� the girl and di in chit � lJ� � ° . The baby `ALF PRICE terican wa The front- her aunt, who fhe Greeley EDUCED FOR front-whet �me The in i Urban CLEARANCE miles nstrita Renewal Authority (GURA) 'e, __. M0 MID /tife.iet.... miles south ' PAGE aOUa ND air ' ` In N ThilM4M7• 41,10 t an tWgteh0lfution • C I1piission Makes Op Its � C'actu dill � :� E , �.. llanch °Gets �, _ waste _ Urder` v,,,y An order was received in the prevent Mall Monday.' .'byl the Cactus Hill. the Eaton ditch'as:It-hmn the ,1,g en `' 'sheep.to ,c end 50000 sh and desist"-the north of indsort of to se, .% i c1 ^`. as In the . Hid With his father e operates the feedlot t"-t away their The feedlots:,co ' •_. .son; told th the n Ernest Nei- , Y he found to- of 20.acres. erne {`aa ar bon, already Beacon Monday that can eorVe up t0. plane eightct"been made to set aside acres Just below BLACK & DECKER ate. Hope ully., -pond m hold POWER TOOLS .. or itiwlu evaporate-naturally A MUST for any shop! the e_ac'epond. but theyu a0 Ideal for Father's Day tos for some back uphill to or• used [or frof th f Purposes for - gifts other- arts of the term. ' NOW IN STOCK— Thla ' � �' " Nelson • The New DRILL BIT SHARPENER said !'will probably cost us a- round $13.000. Smymore itnpor- I/n VARIABLE SPEED DRILL $19.99 tatty` maw otner readers m die area will probably be getting slml- POWER CHISEL $19.99 tar orders soon from the gatw wateritpollution cly act commission our . $34.95 that it has enelly acted on our Stop in and pick u case." ,: . P your selection today! . The coaimissionpas delayed for about two years coining to•a de- etsloh on the Cactus Hill'Ranch.-- et 00 WINDSOR A probably because it will establish 0 PARTS Q D a preerects n forreclatona fn other fetdlots 1n the area, z 960070 OF `riff, FrY- 1A O 1000 * COLORADO EA ti � ::". HEALTH 4210 EAST 11TH AVENUE • IENVER, C•LIRAD• 8022/ • PHONE 388-6111 R. L. CLEERE, M.D., M.P.H., DIRECTOR February 23, 1973 Cactus Hill Ranch Route 4, Box 83 Windsor, Colorado 80550 Re: Wastewater control at your feedlot Gentlemen: As you know, we have been in correspondence with you since January, 1972. In addition, the Weld County Health Department first wrote you in May, 1970 on the matter. Since that time, there have been personal visits to your feedlot by both this Division's District Engineer, Mr. Ronald Schuyler, and the writer, in conjunction with representatives of Nelson, Haley, Patterson, and Quirk, your engineers, concerning the situation. Several letters have passed back and forth, from and to your engineers, your attorney, and this Division. We have received several assurances that plans would be forthcoming: ". . .will report to you in the near future. . . ." (NHPQ letter of February 4, 1972); will report to you in the near future. . . ." (NHPQ letter of August 16, 1972) ; " . . . .and will be submitted to the Water Pollution Control Commission . . . .during this month. . . . (NHPQ letter of January 3, 1973. ) We believe that we have been more than patient in this instance. I intend to propose to the Executive Committee of the Water Pollution Control Commission, at its meeting on March 9, 1973, that the Commission issue a Cease and Desist Order, concerning your apparent noncompliance with the Commission's regulations concerning prevention of pollution from livestock confinement areas, at its next regular meeting, on March 20, 1973. Very truly yours, FOR DIRECTOR, WATER POLLUTION CONTROL DIVISION E. B. Pugsley, P E. �J Industrial Waste Consultant EBP:mgc cc: Mr. Ronald Schuyler, District Engineer Weld County Health Department EX 9C0O10 Muster 4 IC 6 _ DEPARTMENT OF HEALTH 1516 HOSPITAL ROAD i, GREELEY, COLORADO 80631 -ADMINISTRATION (303) 353-0586 HEALTH PROTECTION (303) 3530635 COMMUNITY HEALTH (303) 353-0639 O • Certified #058 572 761 COLORADO . December 11, 1989 Cactus Hill Ranch 38990 Highway 257 Sort Collins, Colorado 80524 Dear Mr. Nelson: • On October 16, 1989, a final source inspection was performed at your facility at 38990 Highway 257, Fort Collins, Colorado, by Jeff Stoll and Z.inda Johnson of this department. The inspection found the following items to be out of compliance with the conditions of your emissions permit number 87WE315F: 1. The alleys were not being watered as necessary to minimize fugitive particulate emissions. 2. Speed limit signs were not posted. 3. The facility is out of compliance for levels of particulate matter due to increases in production rates of sheep/lambs per year. 4. The facility is out of compliance for production rates. The rate was not to exceed 100,000 head/year but according to Mr. Nelson, rates for 1988 were 150,000 head/year and are anticipated to be 200 ,000 head/year in 1990. Enclosed is an A.P.E.N. revision form. At this time, you are requested to evaluate those conditions cited above and fill out the A.P.E.N. revision form accordingly. A check for $60.00 made payable to the Colorado Department of Health is required, also. Please submit your application and remittance to this department within 15 days. Failure to respond to this totice will result in legal action. If you have any questions concerning this matter, please call 353-0635. Sincerely, . pc/Inca-I- a U , Wes Potter, Director Sy/B/j Environmental Protection Services r, �sy ...+ WP/ fi OQ O o Enclosure / 1) t r V/! CL.d .-c- 6) ii - -O---z--h. ,--i -' )'(---(./i\--eyk. -- r•-e,. ., z-7 Lt5"—C------' / J di 7 T-47 (r i � l 0°�!-�±„r-"'0(14_,I e 4--„,./.., rf C ( j- / ,, , ,)/•/_J Ot ( L - fXMen . 960070 January 12, 1990 TO: WELD LOUNTY COMMISSIONERS My name is Wilbur Mill-er. I live at 5691 Weld County Road #80. My -home is 1-k miles west of the Cactus - Hill Feedlot. Cactus Hill Feedlot is a very good place for me to sell the feed I grow. I f-arm about 2,000 -acres some of which adjoins Cactus Hill . Without the feedlot I would have to haul my feed to Greeley or elsewhere to get it sold. I am in -favor of the expansion. Wilbur Miller $ ,EXHIBIT 1 ///7/10 900070 January 2, 1990 TO: WELD COUNTY COMMISSIONERS My name is Ken Wright. I live one third of a mile South of the Cactus Hill Ranch feedlot. This is in the country, a rural area designated agriculture. I do not oppose the -expansion plans. Smells and so forth just go with country living. Ken Wright , EX 0 e, SCOOIO January 17, 1990 Jerry Offenbacker 36883 WCR 15 Windsor, CO 80550 To Whom It May Concern, Since 1980 I have lived two miles southwest of Cactus Hill Ranch in the Roth Subdivision. In this length of time, my wife and myself have not encountered any smell, dust, or any discomfort from Cactus Hill Ranch's sheep feedlot. We travel Highway 257 north to Highway 14 to go to Ft. Collins, I have to say that the feedlot is well fenced, 'clean and well kept for an operation of this size. My wife and I would have no objection to an enlargement of Cactus Hill Ranch. We look at it as a good sound business for the county as well as the community. As home owners in this area we should work towards harmony between the resident- ial areas and agriculture for ourselves as well as generations to come. Yours Truly, Jerry Offenbacker EXHIBIT I 9(0070 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: JANUARY 17, 1990 DOCKET # 89-63 AMENDED USR - LIVESTOCK CONFINEMENT OPERATION AND COMMERCIAL TRUCK WASHING DOCKET # FACILITY - CACTUS HILL RANCH COMPANY DOCKET # NAME ADDRESS HEAPING ATTENDING 0; 11 iams.4 --- A.Ek Leh+v 3t Jib 0nrP fri C2AltitP, ir77-�±,0 r)�ii livl7 e-7 ; "' C' . t d{ J C ,jcP�C S / Ni '� Qt)AAA82 2l Arn (e c A:ld F9 --63 00N,tiie ti-EyA)ae� '7900 (/MELD Co 79 f tCal(fdc, �lc2 i-1 -6'3 evil ,77 , 20 5"-S` / fr/r , ...." 5„62_.k. 0, Ty‘....._ 3/q 5 ca-fi r'../ Sli-A;4.1 Cal cle"-C4k/ itii , pc,:err a /', 4i;.,AP S-f n_- M 41- „ZSI -i'7`- L 0LLiti • cmL ,-c c 2 / ack l.J3 (;.,- .3-76rs7h4...skS 7 L.i.__,9-_„_ 6,k,o c,ss (5 i'9_6 3 \ , (','MA i; , 1'r. 1' ,, Y , f r GG C Li� r7��Qy ,,/ /-JC3I� Gii s e e . i �v J NVrn�y �� w oScD o,t, C,c� L- � 9 it-44,9r 7LCP/a LANG /soak., r,t:LO ca tang, Ill, i/ii Z,// fta7/1, _ . ec e .tis____L «D,,,_ v os •J c cc �`l ss ��[/)99 11 -a___ ei)0 f w f -"7 9 c ,-> , h I S 1 R t tor} ace (',A to crib. z.Q-c,ke c 1 �g5 wie( ' (Cat u4 ellSSc 900070 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cactus Hill Ranch Company USR-Amended USR-803 The following revised Development Standards are proposed to replace the item number of the Development Standards as originally written and presented to the Planning Commission by the Weld County Department of Planning Services: 7. No permanent disposal of wastes shall be permitted at this site. Manure used as a soil conditioner is not considered waste. 9. Odors shall be minimized at all times and shall not equal or exceed the level of 31-to-1 dilutions threshold as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. 10. Fugitive dust shall be controlled and maintained in compliance with the approved Dust Abatement and Response Plan. 12 . One upslope and three downslope monitoring wells shall be installed and maintained around the existing runoff containment pond in accordance with the plan approved by the Weld County Health Department to evaluate the impact of the facility on groundwater. The groundwater monitoring wells shall be tested annually for ammonia, nitrate/nitrite, total dissolved solids, dissolved oxygen, fecal coliform bacteria, and pH. The results of the tests shall be submitted to the Weld County Health Department for review. 13 . If the groundwater quality standard -of Item 15 below is exceeded, the runoff containment pond shall be removed from service and a pond liner shall be installed to meet a lx10-6 cm/sec permeability standard. Sedimentation basins are not considered pond impoundments. 14 . The water level in the impoundments shall not be allowed to drop lower than the comparative level of the groundwater table. The ponds must have equal hydrostatic head on both sides of the liners to assure the integrity of the liners will not be compromised by the pressure from the aquifer. A minimum of a two foot freeboard shall be maintained in the impoundments at all times and no effluent may be pl-aced into an impoundment that h-as less than two feet of freeboard. 15 . The facility shall not contribute to or cause deterioration of the groundwater table beyond 1 .25 times the groundwater quality that exists at the present time. Lvi:64:: , 5 �95ol 9(.00 mnnn'wti. µnntnussm. CACTUS HILL RANCH COMPANY LAMB FEEDLOT EXPANSION ODOR ABATEMENT PLAN Cactus Hill Ranch Company shall utilize the best practical maintenance control and treatment presently available to maintain the lowest possible emission of odorous gases. The lamb feedlot will be in non-compliance with this odor abatement plan if odors are detected ( 25 feet or greater from the use by Special Review Boundary) after the odorous air has been diluted with 31 or more volumes of odor free air. The odor abatement plan shall consist of some or all of the following activities to maintain compliance with the above referenced standard: 1. The feedlot surface shall be maintained so that all excess moisture will -drain out of the pens. 2 . Stalks, straw or other rough fibercus material shall be added to the feedlot pens. 3 . The upper layer of the pen surfaces shall be cleaned and reworked occasionally to assist in the aerobic metabolism process. 4. The feedlot pens shall be sprinkled during dry weather. A concentrated effort will be made to maintain the pens in a manner which controls fugitive dust. 5. Organic solids and manure shall be minimized in surface runoff prior to draining into the runoff containment pond. 6 . Aeration equipment will be utilized in the runoff containment pond in the event that the pond is identified as a source of odor. 7. When thunderstorm or snow melt runoff is not anticipated, additional water may be added to the runoff containment pond to seduce nutrients and provide more oxygen. 8. Manure from the pens which is temporarily stored shall be piled in long narrow rows. Compliance Process: 1. Should the Weld County Department of Environmental Protection Services (E.P.S. ) receive a complaint concerning the odor at the Cactus Hill Ranch lamb feed r, Sv'i\V)_-T--_r u JAI 151990 i, 9C0®'70 NPfn GU PYaa,,uns ,,.ORIO .p. Odor Abatement Plan Amended USR-803 :87: 29 Cactus Hill Ranch Company Page 2 a. Within 24 hours of the complaint, a staff technician from Weld County' s E.P.S. will test the air (test No. 1) adjacent to the feedlot facility. b. If the air is in compliance with the 31 : 1 odor standard, no action will be taken. c. If the odor in the air equals or exceeds the 31 :1 odor standard, non-compliance of this standard will be brought to the feedlot owner' s attention. The owner shall at this time set into action alternative strategies for decreasing the odors emitted. d. Within 24 hours of the first test, another sample of air will be tested (test No. 2) . If this sample is also in non-compliance, a third sample of air (test No. 3 ) will be tested within 24 hours of test No. 2. e. If the third sample of air is found to be in non- compliance with the 31 : 1 odor standard, the feedlot owner shall be notified both verbally and in writing of the non-compliance. The feedlot owner will then have 5 days from this notification to reduce the odor emitted from the facility to the accepted standard. UC�ll�il7: r\'`) nJ1 11 \\\ JAI 1 199ri tii= ._ nn tied UU PIn11i11Hk I Uifli na:lti 960070 CACTUS HILL RANCH COMPANY LAMB FEEDLOT EXPANSION Amended USR 803 : 87: 29 DUST ABATEMENT PLAN Cactus Hill Ranch Company shall utilize the following operating procedures or any other practical methods which are technologically feasible and economically reasonable to minimize fugitive particulate emissions produced by the feedlot. The lamb feedlot will be in non-compliance with this fugitive dust abatement plan if fugitive particulate emissions into the atmosphere exceed 20% opacity. Visible emissions shall be measured in accordance with Appendix A of Regulation No. 1 of the Colorado Air Quality Control Commission. 1. All feed alleys shall be surfaced with 1 1/2 inch gravel. 2. All feed alleys, drives and work areas shall be sprinkled with water. 3 . Lamb confinement pens shall be sprinkled with water. 4. On-site vehicle speeds shall not exceed 15 miles per hour and the speed limit shall be posted. 5 . Alfalfa hay shall be spread in the pens into which new lambs are located for a period of 10 days following their arrival to the feedlot. 6. Lambs shall be fed a roughage ration to help satisfy and quiet the animals. 7. Entryways onto improved roads shall be gravelled to prevent mud and dirt carry out. 8. Mud and dirt carry out onto improved roads shall be prevented or cleaned up at the end of each working day. Compliance Process: 1 . Should the Weld County Department of Environmental Protection Services (E.P.S. ) receive a complaint concerning the dust generated at the Cactus Hill Ranch lamb feedlot: a. Within 24 hours of the complaint, a staff technician from Weld County' s E.P.S. will observe the opacity of the feedlot emissions. b. If the opacity is determined to be 10% or below, no action will be taken. rf ) I J1P! i ,t 11`;'i L i Dust Abatement Plan Amended USR 803 : 87:29 Cactus Hill Ranch Company Page 2 c. If the opacity is found to be between 10% and 20%, the feedlot owner will be informed by E.P.S. to increase his methods or procedures for reducing fugitive particulate emissions. d. If the opacity exceeds 20%, the feedlot owner shall be notified both verbally and in writing of the non- compliance. Following this notification, the feedlot owner will have 5 days to reduce the fugitive dust emitted _from the facility to the accepted standard. log , 1 960070 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. APPLICANT DOCKET NO. 89-63 Cactus Hill Ranch Company 38990 State Highway 257 Fort Collins, Colorado 80521 DATE: January 17, 1990 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and amended Special Review Permit - Livestock confinement operation for 150,000 head lamb feedlot and a commercial truck washing facility LEGAL DESCRIPTION: NWf and the WSW of Section 21, and the S}SWi of Section 16, all in Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 miles south of State Highway 14; and east of and adjacent to State Highway 257 (Weld County Road 17) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 27, 1989 PUBLISHED: January 4, 1990, in The New News 900070 ExNi8i7 a STATE: OF COLORADO ) SSE COUNTY OF WELD ) David 13. Reynolds, being duly sworn, stays that he is publisher of the New News, a weekly newspaper published in K:eenesbl..(rg in said County and NOTICE State; that said newspaper has a Pursuant to the zoning laws of the general circulation in said County County of Colorado and the Weld County Zoning Ordinance, a public and has been continuously and hearing wilt be held in the Chambers of the Board of County uninterruptedly published therein, Commissioners of Weld County Colorado, Weld County Centennial during a period of at least Center, 915' 10th Street, First Floor, Greeley, Colorado, at the fifty-two consecutive weeks prior to tune serifiedyAll persons m any manner interested in the Site thefirst publication of f the titr,n e::.d Specific Development Plan and Special Review Permit are notice; that said r eews.paper s a requested to attend and may be heard. newspaper within the meaning of the -- tie--applicant or any interested party desire the act of the General Assembly of k.l`;E.' makpresence of a court reporter to r� Colorado, a s, n in additi record the of the proceedings,record State of entitled fan AG' which will be kept during the k. regulate the 1::;r i. k n g of legal hearing, the Clerk to the Boards Office shall be advised in writing notices and rld`r`(•advertisements, " and of such action at least five days prior to the hearing. The cost of amendments thereto; that the notice ybyb e�ecouegrt re tier shall be of which t£1 C' annexed is a printed r1 �.'�d BE IT AISO I{N Petl�iat• the i� test and maps so certified by the copy taken from said newspaper, was Weld.County Planning Commission may be examin d in the office of published in said newspaper, and in the Clerk to the Boa to of County Commissioners, located in the the regular and entire issue of Weld County Centennial Center, 915 1y0th Street, Third Floor, every number r thereof , once a, V ' GDO KETCol Colorado ( ' week for _•f,-_, weeks„ that. said APPLICANT: Cactus Hill Ranch _,„ notice was so published in said WAIL Fort Collins,Colorado 80521 newspaper proper and not. in any DATE: January 17 1990 TIME: 10:00 A.M. supplement thereof , and that the DepelUoorrent Pian�and sine Specific first publication of said confinement Patios -Livestock 3.d notice.t:i(:„e a S confinement operation for 150,000 aforesaid, was or. the commercial lamb feedlot and a commercial truck washing facility LEGAL DESCRIPTION: NWl/4 G/ and the W'ZSW1/4 of Section 21 and the Sti2SW1/4 of Section 16, al£ '% (:i :Y_;i! LZ , 19th!)s in'Township 7 North Range 67 and `'!'f-lt ' �._ �. West of the 6th �.M., Weld the last t .}I the Countyy,Colorado LOCATION: Approximately. 75 [� • miles south of State Highway 14; and east of and adjacent to Sate , 19si t i Highway 257 (weld County Road / BOARD OF COUNTY ] COMMISSIONERS WELD COUNTY COLORADO BY: MARY CANNTY CLERK AND RECORDER AND CLERK TO THE BOARD Subscribed and sw rn to before BY: Mary Reiff Deputy DA7'1'�TD: December 27,1989 The New news me this ..�)_ day iDf • , 19U9. No'tary (-Public: My commission expires !9- 2-90 9C0070 T. NOTICE AFFIDAVIT OF PUBLICATION Pursuant to the zoning laws of the State of STATE OF COLORADO Colorado and the Weld County Zoning Ordinance,a public hearing will be held in SS, the Chambers of the Board of County COUNTY OF WELD \ Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th f{'I Street,First Floor,Greeley,Colorado,at the I, / 1'I t f min,S time specified.,All persons in any manner Weld say of said County un of PlaninterC5ted andmSpec Spe ecial Review Development Permit are , being duly sworn, that I am office manager of requested to attend and may be heard. THE WINDSOR BEACON, INC. Should the applicant or any interested party desire the presence of a court reporter to a weekly newspaper makearecord of the proceedings,in addition slaving a general n circulation in said to thetypet the Cord lehrk will be kept during County and Slate, published in the town of WINDSOR. in the hearing, the Clerk to the Board's Office said Collllly and State; and that the notice, of which the shall be advised in writing of such action at annexed is a true copy, has been least five days prior to the hearing.The cost . of engaging a court reporter shall be borne by / the requesting party. published in said weekly for successive BE IT ALSO KNOWN that the text and weeks, that the notice was published in the regular and maps so certified by the Weld County entire issue of everP' Planning Commission may be examined in y n11, anti of the paper during the period the office of the Clerk to the Board of County and time of publication, and in the newspaper proper and Commissioners,located in the Weld County not in a supplement, and that the first publication of snit! Centennial Center, 915 10th Street, Third notice was ill said paper bearing the date of the Floor,Greeley,Colorado. p 1 APPLICANT _� ••____day of OOCKETN0.89.63 Cactus Hill Ranch Foam and the last pubhCalio bg (IlcJ�Ly dale of the 19 D 38990 State Highway 2577 Fort Collins,Colorado80521 day of DATE:January 17,1990 I and that the said WINDSOR BEACON has been published TIME:10:00 A.M. continuously anduninterruptedly for the period of 52 consecutive weeks, in said County and Stale, prior to the REQUEST: Site Specific Development Plan date of first publication of said notice, and the same is a and amended. Special Review Permit - newspaper within the meaning of an Act to regulate printing Livestock confinement operation for 150,000 fiend lamb feedlot and a commercial truck of legal notices and advertisements, approved May 18, washing facility 1931, and all prior a s so far as in force. LEGAL DESCRIPTION: NW% and the W%SW%%of Section 21,and the S%SW%of Section 16,all in Township 7 North.Range 67 West of the 6th P.M.,Weld County,Colorado OFFICE MA'NA Lllt LOCATION: Approximately .75 miles south of State Highway 14;and east of and adjacent to State Highway 257(Weld County Road 17) BOARD OF COUNTY COMMISSIONERS Subscribed and sworn to before me this day WDLDCOUNTY,COLORADO BY:MARY ANN FEUERSTEIN U[ �n��t , 19gQ COUNTY CLERK AND RECORDER _` �k—J AND CLERK TO THE BOARD (Tian vi _ C Mary Nol ARV 1'U�ELT BY: DATED:December 37,1989 DecemberMy commission expires I'-c.A. `h-3 PUBLISHED: Jemmary, 4, 1990, la the WWaar Buts. , 900070 rr) i O am �F Keith Schuett January 16_, 1990 Mae T° Data COL.ORA F.om Environmental Protection Services / �, .C ) C ,. Case Number: USR-803 Name: Cactus Hill Ranch Co. Subject. On January 8 , 1990, Wes Potter, Jeff Stoll and Linda Johnson 'met with representatives from Cactus Hill Ranch Company. At this time we discussed and arrived at amendments to Development Standards 7, 9, 10, 12 , 13 14 & 15 . We approve of these amendments and recommend that they be considered as a part of the package submitted to the Board of Commissioners WP22/dgc ,�1L : c,J L c, Hf r, 0 jra ! 1 5 19: , , N. "xy^v. n issa 900070 xitia/r /'/ -NORTON, UNDERWOOD AND LAMB, INC. ENGINEERING ASSOCIATES 1020 28TH AVENUE SUITE 205 GREELEY, COLORADO 80631 (303) 351-0550 January 15, 1990 Mr. Keith Schuett, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 ARE: CACTUS HILL RANCH EXPANSION - Amended USR-803 Our Project No. 8837 Dear Keith: The owners of Cactus Hill Ranch have met with Mr. Wes Potter, Ms. Linda Johnson and Mr. Jeff Stole of Weld County' s Department of Environmental Protection Services. The purpose of this meeting was to discuss the proposed Development Standards and Dust and Odor Abatement Plans. From this meeting, -standards of compliance have been agreed upon with regards to dust, odor and groundwater monitoring. The following attached pages include the revised Development Standards, Dust Abatement and Odor Abatement Plans as worked out between Environmental Protection Services and Cactus Hill Ranch Company. We are requesting that these proposed standards be discussed before the County Commissioners at the January 17th hearing on this lamb feedlot expansion. If you have any questions regarding this information, please give me a call. Sincerely, NORTON, UNDERWOOD & LAMB, INC. 11.1.".(.Q '1¢ �, Michael C. Ketterling, P.E. L��5 rrt ,y_ attachments JAN 1 5 1990 MCK/mck Weld Co. Manning unmmissiorr 900070 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE T HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE A'ende4# USE 803 : g1:2_4 , THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN / el-SIGNATURE OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS a DAY OF 19 go. SEAL NOT UBLIC 1:222.-'0- 7-41/- Lux_ MY COMMISSION EXPIRES (p -i7- 'L \-- U , j LAST DAY TO POST SIGN IS: I/ 7 19 7O r' J\rJ 'I 1) 117, • S00070 LAKES ' L ARROW LIMOUSJN B108 WELD COUNTY RD., #78 FARM: 303 686-2267 FT. COLLINS, COLORADO 80524 HOME: 303 770-6930 SUSAN LAKE RE: CACTUS HILL January 4, 1990 Dear Commissioner, As one reviews the Cactus Hill USE BY SPECIAL REVIEW PERMIT, one immediately uncovers several unanswered, undefined, and clearly unstated regulations. As I perused through the Dept. of Planning's Cactus Hill file, I located a letter from Mr. Schuett, Current Planner of Weld County, sent to Ken Nelson, owner of Cactus Hill. The letter of July 21, 1989 clearly and absolutely states that Mr. Nelson was in noncompliance with the Conditions of Approval and the Development Standards of the 1987 Use by Special Review Permit. Please find a copy of the complete inspection report. During Sept. and Oct. 1989, well beyond the 30 day compliance date, the feces and urine impregnated dust was never confined or remotely controlled by Cactus Hill, the truck washing went on with total disregard to the warning and the Aug. 20, 1987 letter of agreement between Cactus Hill and John Crier, and the water pollutioncontinued as rampant as the day the 1987 permit was approved. WHY??? When one flagrantly violates the rules and regulations set forth by the County, is it prudent to expand their existing facility? When one disregards his agreement to limit the number of trucks to three per day and escalates the number to 5, 10 or 15 per day and develops a commercial truck washing facility without a permit and is clearly in violation of the zoning regulations of the county, should he be allowed to operate without the constraints that are demanded of the judicious people of the county? Why is the Staff willing to approve the expansion of the Cactus Hill facility, when staff is painfully and obviously aware of Cactus Hill 's history of noncompliance. This type of reasoning makes no since. Why have we such an elaborate planning, zoning and special regulations system, only to allow individuals or companies to operate without compliance. At the Planning and Zoning Hearing, Mr. Wes Potter confirmed that the ground water contamination was excessive. He also implied, with the approval of the 1989 Special Review Permit, hopefully the contamination would not increase but be held at the current excessive level. This is a wonderful scenario. The county Health Dept. does not -have enough authority or necessary regulations to demand improvement of ground water. So the farms down stream lose the use of their streams and lakes to contamination. Has this happened in the Cactus Hill expansion? It sure has! ! 960070.Exiiin/T fS For over 33 years, Mr. Heckman and Mr. Heckman's father have own 220 acres to the West of Cactus Hill. From 1956 to 1970 they had cattle in the west pasture drinking water from their own lake and sheep in the east pasture drinking from a small stream. In. the 1980 's, Cactus Hill applied for and was granted an expansion of their cattle feed lot on WCR 80. When this was approved no provisions or regulations were set forth in the permit. The contaminated waste of the pens was allowed to drain into Mr. Heckman's west lake. Result: The contamination became rampant. The fish died. The cattle would not drink the water. Since the approval date until today, Mr. Heckman has carried fresh drinking water to the west pasture for his cattle. In the 1970 's Cactus Hill decided to expand their sheep feed lot. Again they applied for and the county granted expansion of the sheep facility. Again, no provisions to control the ground water contamination or surface water contamination were set forth in the permit. Result: Mr. Heckman's east stream became completely polluted and again the animal must be carried water to drink. Question: Is it neighborly or Christian to destroy the ground water for the farms down stream? Should one company or individual be allowed to impact his neighbor with such an adverse effect? The EPA as well as the State Health Dept. has issued a Fugitive Dust Emission Requirement that is a standard requirement for all dust pollutants on the front range. It is a simple regulation. Fugitive dust shall be confined on the site at all times. The facility shall develop a dust abatement plan and shall have sufficient equipment on hand so that dust abatement can be implemented at any time that dust is observed to be raised in sufficient quantity as to be observed to be leaving the property. This regulation has not been enforced and again Cactus Hill has not been in compliance. The feces and urine impregnated dust is so dense and devastating that elderly people on oxygen within a mile and a quarter radius are forced to leave their home so that they can maintain enough oxygen to live. Noncompliance in this situation is down to life or death. Are we as a county ready to assume this responsibility? In 1987 the County Commissioners granted the expansion of Cactus Hill sheep feedlot from 40, 000 head to 100, 000 head. On several occasions, the county has allowed expansion on the premises of Cactus Hill. The county has acted in good faith. Now it is time that Cactus Hill conforms and preforms as a responsible citizen of the community. It must develop and implement proven techniques to correct the contamination. Mr. Heckman has carried water long enough. What has transpired over the years to Mr. Heckman must be corrected. Not one commissioner past or present would allow such a violation of rights to occur to their property. Why allow such a flagrant injustice to occur to Mr. Heckman. 900070 Performance and compliance must be expected and demanded of the operator of these large scale feedlots. In the case of Cactus Hill, he must meet the community standard for the 100, 000 head before any thought of expansion is granted. If compliance is not ascertained at the 100, 000 level, then a Show Cause Hearing must be scheduled to consider revocation of the 1987 Use by Special Review permit. I wish to thank you for your deep interest and dedication to the success of molding Weld County into such a highly respected and progressive county for agriculture. Hopefully, the contamination of the air and the desecration of the land and water can be addressed. • Sincerely, William L. Lake, D S 1. Nuisance Conditions--This is far too ambiguous. Defined limits must be placed on the removal, handling and stockpiling of the livestock manure. Example: In the event that removal of the manure stockpile from the site cannot be completed within 5 days, the stockpile shall be covered securely in such a fashion as to protect against vector-borne pathogens being transported off-site, and shall remain securely covered until removed off-site. (case #USR-898 Longmont Foods) 2. Another major point that must be addressed is how the dead sheep will be contained and then disposed of. Questions. These question and several others must be defined with penalities in place before any expansion is allowed. cc: Jack Mays Wes Potter Keith Schuett Jack Winter Marvin Heckman Board of County Commissioners: Bill Kirby Gordon Lacy George Kennedy Connie Harbert Gene Brantner Planning Commission: Ann Garrison 900070 ^---Y (l DEPART =NT OF PLANNING SERVICES `x PHONE(303)356.4000 EXT.A400 11 - - 915 10th STREET lag GREELEY,COLORADO 80631 ir N.,:; tif: C OLORADO July 21, 1989 • Cactus Hill Ranch Attention: Ken Nelson 38590 Highway 257 - Tort Collins, CO _8C521 _ _ • - " Subject: ZCH-56 Deer Mr. Nelson: An on-site inspection of your property was conducted on July 20, 1989, to determine if the Conditions of Approval and the Development Standards placed on your property at the time USR-803 was approved by the Board of County Commissioners are in compliance. The inspection revealed violations of Development Standards 01, 9, 11, and 12. A copy of these items from the approved resolution are enclosed. The Use by Special Review area must be brought into compliance wiLh the Conditions of Approval and the Development Standards within 30 'days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled tc consider revocation of the Use by Special Review permit. If you have information that may clear up this matter, please call or write. Sincerely, Zt2Mc:2C17<trelV Current Planner KAS:dn pc Wes Potter, Environmental Health Lee Morrison, Assistant County Attorney enclosures 900070 INSPECTION REPORT • NAME: Cactus Hill Ranch - LEGAL DESCRIPTION CF PROPERTY: Part of the W} SWi of Sections 21 through 16, T7N, R67W of the 6th P.M. , Weld County, Colorado DATE: July 20, 1989 TIME: 10:16 a.m. CASE NUMBER: ZCH-56 The property was inspected to determine if it is in compliance with the approved L'SR-803. The property is not in compliance with Development Standards 1, 9, 11, and 12. 1 . The Use by Special Review permit is for livestock confinement operation for sheep as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The maximum number of sheep permitted is 100,000. A commercial truck wash facility is now being operated on the Special Review Permit site. Two trucks were on the property at the time of inspection. loth truck operators stated that they had not deviivered sheep to Cactus Hill Ranch , had not hauled sheep at all, but had hauled cattle. The truck operators also indicated that ether truck operators that do not haul sheep for Cactus Hill Ranch use this facility. This commercial truck wash facility was not approved along with the Special Review permit. 9 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 21 .6 .3 of the Weld County Zoning Ordinance. Section 24.6 .1 .3 required compliance with the health requirements (water quality) . Water pollution appears to be associated -with runoff from the commercial truck wash. 11 . The Use by Special Review area shall be limited to the plans shown herein and al] applicable tweld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 200070 • Cactus Hill Ranch ZCH 56 • Page Z • The Special Review Permit area is not limited to the plans shown. The commercial truck wash facility was net part of the Special Review Permit applicaticu materials and or approval. A. f. hirolt ion run. 1' 1 ..wu.i • 960070 r.r. 1 >1.-.r1 C, c oncF.. ned about the pollution r , ti:t' .. , -;::t:. '1"cxi.Jrtai'.6ly one mile directly c'.. . ': l -�r,-•i t, Tr''' ' t.. >` northof (:;�ct.Ll� f�' ? :t..k _�•1• 1. ...,r.;'1 `� L•.i r_.+. plan^i'."� t. .:� t.•1 i i 71:'� a L., . rl�". home E? : }� • i a - of the people 1' no:. 1 ^.•us nd unrelenting . '1' ,.. "Ir -- This confirm..., #•. . . . under which .. ! r..<. that r.. . ^l. r I the ,?'::?oc.la '..'^e permit wa:; granter' have .. �o -.o . Now we 4'nd rntend that r actuc o n to r-,:{r7 a r.—! '.ho i r •F r••+d l ,..1 Cactus h t . - -7. H...---.'.' t � . :. .- .�`'•..r�: ,.,.;F:-. .,?-�� tl_'s 1" i]. � •+,n... not complied ��:� .I. .. i e: r i V S.'.r:oc c f "'i ` } + he time that eeo3i.- C-::,•a-...ityr, .,•� + Li.�c. facility t a . . . r'� u ` n ..w L';. ..h.. ,.. r. ctu,'' t!]. 1i ' neir-.hkorG•: must -- ..he foul G c, 7 f n o,-1 1''N t "e. e f. r wo favor }. I... '72,..: - ::' ' '.. .. t` ,..,..r•r^.r .,• ; •• - .1. � 1" .•.%o C u 1-.J. ^)n, :7',f' .. r. 1 and d ( : •:=r' �..'.+ �.-., _ Y�.:.�; - - � 'trC?n••-' n•�`•i5• - r,�-!ant of . ion ¶ t F ri rY i-dT fii n*f. .: .'.i.'i'eble, z itua..tion ro that `' .t. 1. i`< .'?Inf modjr r,. :_..: : .: t }- .,/ .7in:...tv hW quality of life for i-�r will ', .. ..'r1�'•' i-itr. , ... r-'. not :{� �erlolt" i.Y ,e"...„. , r-l:r'' r i`i r'^ , .. 'rf-yr 1.-- ( a.1pi l 19iU C.34_,-_.. -. __..- tj *In L'u, viiiiniia ,;amin,:1:: ,C ,<»,�i I 9000 70 f JACK E. WINTER, ll. V. M. ' WINTER FEEDING COMPANY 37687 HWY 257 - WINDSOR, COLORADO 80550 686-2527 January 4, 1990 Board of County Commissioners Weld County Greeley, Colorado Dear Commissioner Harbert, I am writing you in reference to the proposed expansion of the Cactus Hill sheep feedlot that is to come before you January 17th. I am opposed to this expansion and I would like to explain my opposition. My wife Donna and I presently live about a half mile south of the feedlot along highway 257. Our lives are greatly impacted by the events occurring there. First I think we should put the size of the operation in the proper perspective. ` The present permitted capacity is suppose to be 100, 000 lambs and with the additional expansion proposal of 50, 000 more lambs. With the length of time needed to fatten most lambs the turn over of lambs could easily be three times that amount or 450, 000 more lambs. This operation would be comparable to the National Farm hog operation that I am sure you are aware of. The potential affect on the environment and the surrounding neighbors is very great. Much of what I have to say about this operation of Cactus Hill was given at the Weld County Planning Board meeting in November by myself and several of the neighbors in the area, but I think it bears repeating. First we should examine the history of the past expansion of the feedlot and its effect on the environment. The first thing that happened was the pollution of the small creek that runs from Cactus Hill through the Heckman property and continues through the farm on which I live. A small pond on the Winter farm that at one time would support the raising of trout, was destroyed. The Heckmans which used the creek water to water lambs had to abandon the lot . To this day cattle they pasture along the creek will not drink the water so they have to haul water to them. The preceding expansion of the feedlot and the construction of retention ponds has caused further environmental problems. Since the ponds are practically full of feedlot run off the year around and no aeration of the liquid is attempted the odor during the hot months is terrible. This was pointed out by several neighbors at the previous hearing of the Planning Commission. Of more significance is the dust problem. The dust from the feedlot has been so bad that traffic TT 900070 along 257 can hardly see through it . The potential for a wreck is very probable. Worse yet is the potential health hazard to the neighbors. At night windows can not be left open. The whole house is filled full of dust and noxious odors. Again this was verified by many of the neighbors. To me and my wife there is a further complication. Donna 's mother has a chronic lung condition that requires her to be on oxygen and to take antibiotics constantly to prevent pneumonia. Since she is _debilitated, much of her time is spent living with us. With this dust problem we have to question if it is safe for her to spend any time at our house. I realize that in the proposal put forth by Cactus Hill, they say that they will control the dust and odor, but I think you have to examine their record on past performance. Many of the problems have been presented to the operators of Cactus Hill in the past with little results in solving these problems. As I understand, the report by the Health Department shows several violations in their operation. The Planning Board was quite upset when they found that the things Cactus Hill was supposed to do to fulfill their previous expansion was not done. Also while applying for a permit to have a truck wash, they were washing out trucks anyway which is illegal without a permit. Again this was pointed out at the Planning Board hearing. These facts point out the unreliability of any commitment by Cactus Hill . It is not that I or any of the neighbors object to a feedlot at Cactus Hill , but rather to the way it is being operated so as to endanger the environment and lives of those around it. Something must be done to clean up the present operation and to ensure any further expansion will not present any more problems. I noticed in the Tribune that you were negotiating with' the National Hog Farm for an agreement to ensure the proposals they put forth would be carried out. Why can 't you do a similar procedure with Cactus Hill ? An agreement on the control of water and air safety with a bond or some other security arrangement for penalties for failure to comply is needed. If Cactus Hill is sincere about controlling the dust and odor, there should be no problem for them to sign such an agreement. The present agreements under which the Cactus Hill Feedlot is operating are not working to protect the citizens of this county. In conclusion, I would request that you turn down this proposal for expansion unless you can get a secured agreement from Cactus Hill that can be strictly enforced. Sincerely, JS Winter 900070 cc: Bill Kirby _Gordon Lacy George Kennedy Connie Harbert Gene Brantner 9C0070 JAN 5 1990 January 3 , 1990 John S . Dunn, Jr. 40301 Weld Co. Rd. #17 Fort Collins, CO 80524 Board of County Commissioners 915 10th Street Greeley, Colorado 80631 Dear Ladies and Gentlemen: My wife and I have our residence at 40301 Weld County Road #17, approximately one mile north of the Cactus Hill feed lot complex. We have been advised that Cactus Hill wishes to increase its current capacity by fifty percent, and that it has already notified the Weld County authorities to that effect. We have also been advised that upon preliminary review of the application and the current overall situation at Cactus Hill as it effects the surrounding area, it was determined by the Weld County authorities that Cactus Hill has never fulfilled the obligations which were agreed upon by Cactus Hill as a condition to obtaining their original permit. Finally, we have been advised that because of this, as well as the tremendous amount of negative sentiment directed toward Cactus Hill by the area residents, that the current application has been put on hold, while the original permit is being reviewed for possible revocation. My wife and I, as well as our neighbors, are at a loss to understand how this apparent current oversight has gone uncorrected to date, and how in the face of this situation, Cactus Hill has even asked for additional capacity. We sincerely hope that you people in authority will make sure at the very least that Cactus Hill begins to comply with the conditions that enabled them to obtain their permit. If this cannot be accomplished, I would sincerely hope that their current permit be revoked. Furthermore, if Cactus Hill is indeed currently in violation, then the suggestion of an increase in capacity is, I believe, contrary to good judgment. In addition, I believe that the land character of this particular area of Weld County is in the process of change. The change is from one of rural/agricultural to that of residential/small farms. If this is true, perhaps the appropriateness of Cactus Hill 's presence in the area should be reconsidered, especially in light of the current permit violations. 930070 C Xt/,$;7 Al Board of County Commissioners January 3 , 1990 Page 2 Although this particular area -of Weld County would clearly benefit from this new emphasis on low density residential use by way of an increased tax base and accompanying tax revenues, I suggest that the situation is endangered by Cactus Hill 's current activities which include causing a dreadful smell which is being inflicted on its neighbors - even those as far away as we are. Would you please consider giving the area residents some relief. Hopefully you will agree that this is a reasonable request. Respectfully, yv, V" / </G' ✓ John S . Dunn, Jr. JSD:amb cc: Keith Schuett Dr. John May Dr. William Lentz 960070 DATE: December 27, 1989 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearing for the 17th day of January, 1990, at 10 : 00 A.M. Docket No. 89-63 - Site Specific Development Plan and amended Special Review Permit for a livestock confinement operation for 150, 000 head lamb feedlot and a commercial truck washing facility - Cactus Hill Ranch Company OFFICE ��OFF�,,THE CLE TO THE BOARD BY: /� i'�'r,y _if( Deputy l/ The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO // iii j S00070 •Aft ( � OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000 EXT. 4200 P.O.BOX 758 G GREELEY COLORADO 80632 COLORADO December 13, 1989 Cactus Hill Ranch Company 38990 State Highway 257 Fort Collins, Colorado 80521 Dear Sirs: Your application for a Site Specific Development Plan and an amended Special Review Permit for a livestock confinement operation for 150,000 head lamb feedlot and a commercial truck washing facility has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as NWi and the W}SWi of Section 21, and the SSW of Section 16, all in Township 7 North, Range -67 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Fearing in the legal -newspaper, an expense to he paid by you. In order to proceed as quickly as possible, we must receive your reply by December 29, 1989. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I CHAIRMAN `/ • I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising expft e, ZL GG�, 1 cartEIA(4) rgk f 1 7 Z,-- 91 O70 J z a 6r-. . 0 ZNL ru r9 W o, OU , 8, m it '„a N <4c r rU cc s2- m U x 0 IDm 3 o- W 81 c z C7 U o� G' U �w ¢ a7+i HH ^ C) o'.? m0 LL Q zz W co 0 30 35 0 ra H H io w cc, m m ul u. vii`� H 6 .a E -- n0 na a' o A u7 azz ❑7 H .7 v �'o ua m oN W cn it O LL o d Q m 17 e d a H TH ' v m u co ct Eai - E Q U o+ p4 o a w wo m m 0 o U D'1 O U N Q CC 2O r 2 9861 aim(' `000£Wtod Sd — _ 4 (7/3->e • SENDER: Complete items 1 and 2 when additional services are desired, end complete Items 3 and 4. Put your address In the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person. delivered to end the date of delivery. For additional fan the following services are available.Consult postmaster for fees and check boxies)for additional services)requested. 1. 0 Show to whom delivered,date,and addressee's address. 2. Dt(Extra oh4rge ricted Delivery f(Extra charge)? ) 3. Article Addressed to: 4. ArticleIA 17—I—gra CACTUS HILL RANCH COMPANY Type of Service: 38990 STATE HIGHWAY 257 1,moofiters Insured FORT COLLINS, CO 80521 Certified ❑ COD Express Mail Always obtain signature of addressee p ' �\ or age nd DATE DELIVERED. 5. Signs —Address/I ,/" 8. Ad e's Address(ONLY if J C reque ed and fee paid) X 8. Sig ure—Agent X 3 b DEC urn 7. Date of Delivery �a01! PS Form 3811, Max.1987 * U.S.G.P.O.1987-178.268 DOMESTIC RETURN RECEIPT Summary of the Weld County Planning County Planning Commission December 5, 1989 Page 12 MOTION: Bud Halldorson -moved Case Number USR-896 for Gary and Mary Ann Tuten for a Site Specific Development Plan and a Special Review Permit for a vehicle -sales and salvage operation in the Industrial zone -district be forwarded to the Board -of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions presented by the staff, the Development Standards as amended by the Planning Commission, and the testimony heard by the Planning Commission. Motion seconded by Jerry Kiefer. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Jerry Burnett - yes; Bud Clemons - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion tarried _unanimously. CASE NUMBER: Amended USR-803 APPLICANT: Cactus Hill Ranch Company REQUEST: A Site Specific Development Plan and a Special Review Permit for a maximum 150,000 head sheep operation, 4 accessory dwellings, and a commercial truckwash facility LEGAL DESCRIPTION: part of the NW} and WI of the SW} of Section -21 and part of the Si SWI of Section 16, all in T7N, R67W of the 6th P.M., Weld County, Colorado LOCATION: South of State Highway 14 and east of State Highway 257 (Weld County Road 17 (38990 Highway 257) APPEARANCE: Mike Ketterling, -Engineer, landmark Engineering, -stated the applicant's special review permit currently allows for 100,000 head of sheep. They are requesting an increase to 150,000 head of sheep, the addition of 4 mobile -homes for people working on the site, and upgrade the trailer washout 1-acility. They have a dust abatement plan, and they intent to install an aerator in the pond to reduce odor. -Richard Manges, Attorney, stated sheep have been raised to this property since 1920. They have a contract with Monfort for 150,000 head of sheep, and they buy feed from -the local farmers. -This is not a commercial truck wash facility. There are no detergents, road grime or oil deposited in the pond. This is strictly a truck washout facility. The water from the pond swill be used for irrigation seater on the owner's property. 960070 Summary of the Weld County Planning County _Planning Commission December 5, 1989 Page 13 Lee Morrison -explained the theory regarding a commercial truck wash facility. Tape 365 — Side I The Chairman called for discussion from the audience. Jack Winter, area resident, does not feel the -existing standard-s are stringent enough to reduce -dust and odor. Also, since the applicant is not the only one using the truck washout, he feel-s 3t is a commercial enterprise. lie is -not -against this -request being granted, but he is against the _lust and odor. - KOSICE: 7130 p.m. Bud Clemons has left the meeting. Ken Nelson, property owner, stated that since they were here the last time, they have followed the Development Standards, but they are still bothered by dust and odor. Johnnie -Mae, Manager of a parcel of land about a mile form this property, stated he is against this request because of changes taking place in -this area. The applicant should cleanup what he already has and then come tack and ask for an -expansion. Susan Lake, property owner, approximately one mile southeast of the feedlot, stated that prior to the last _expansion -they did not have much of a problem with odor and dust. Currently, at times, the dust is so thick one cannot see through it. -She is not opposed -to sheep, but the is opposed -to the dust and odor. Mary Heckman, surrounding -property owner to the southwest of the feedlot, is not necessarily opposed to -this request, but the definitely opposes -the dust and odor. Bill Lake, property owner, approximately one mile southeast of the 1-eedlot. States he would agree with -the comments made, but the flies are always bad. Also, the components which comprise the dust are definitely unhealthy for employees and area residents -to be breathing. Tape 365 - -Side 2 As a private _citizen, and not as a member of the Planning Commission, Ann Garrison asked Keith Schuett -to look into the charges made by the area residents and make a judgement as to whether the existing Special Review Permit should -be subject to the revocation -procedures. 90007O Summary of the -Weld County Planning County Planning Commission December 5, 1x369 Page 14 Richard Menges stated they are taking exception to Development St-andards 9, 10, 12, 13, and 15 set forth by the Department of Planning Services staff. They have no problems with any of the other _requirements. _They are doing what they can to minimize the negative impacts of a -sheep feeding operation. The Chairman asked Keith Schuett to -read -the recommendation, conditions, and Development Standards prepared by the Department of Planning Services staff into the record. _LOTION: Terry Kiefer moved Ca-se Number Amended JJSR-803 for Cactus Hill Ranch Company for a Site Specific Development Plan and a Speci-al Review Permit for a maximum 159,000 head sheep operation, 4 accessory dwellings, and a commercial truckwash facility be forwarded to the Board of County Commissioner's with the Planning Commission's recommendation for denial because -he feels rather nervous about the existing Development Standards not having been kept, and upon -the testimony -heard by the Planning Commission. Motion seconded by Jerry Burnett. The Chairman called for :discussion from -the members of the Planning Commission. Discussion followed. The Chairman asked the -secretary to poll the members of -the Planning Commission for their decision. Ann -Garrison - yes; Jerry Burnett — yes; Jerry Kiefer - yes; :Ernie Ross — yes. Motion carried unanimously. NOTICE: 8:45 p.m. Jerry Kiefer has left the meeting. CASE NUMBER: None (continued from November 21, 1989) APPLICANT: Town of Pierce (continued from October 17, 1989) REQUEST: a Bite Application for -the application of wastewater onto farmland J• T. DESCRIPTION: Part of the NWA SW* of Section 36, -T8N, 7266W of the 6th P.M. , Weld County, Colorado LOCATION: approximately 1.5 miles southeast of the Town of Pierce; east of Weld County Road 35 and north of Weld County Road 81 .7. Zee Bailey, Project_Manager, explained their plans for -recycling effluent from the town of Pierce's sewage lagoons. The Chairman asked Keith Schuett to read the recommendation of the Department -of Planning Services -staff into the _record. Wes Potter asked that the conditions of approval recommended by the Health Department be deleted. According to the tests done on the lagoons, the quality of wastewater is -much higher than was expected. 900070 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION . RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY C9MMI'SSIOXERS LASE NUMBER: Amended USR-803 Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld -County Planning Commission that the application for: NAME: Cactus Hill Ranch Company ADDRESS: 38990 State Highway 257, Fort Collins, CO 80521 -REQUEST: A Site Specific Development Plan and an amended Special Review Permit for a Livestock Confinement Operation for 150,000 Head Lamb Feedlot and a Commercial Truck Washing Facility LEGAL DESCRIPTION: NW} and the Wi SW} of Section 21, and the Si SWi of Section 16, all in T7N, R67W of the 6th P.M., Weld County, Colorado LOCATION: Approximately .75 miles south of State Highway 14 and east of and adjacent to State Highway 257 (Weld County Road 17) he recommended unfavorably to the Board of County Commissioners based on the testimony heard by the Planning Commission. Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Ann Garrison Jerry Burnett Jerry Kiefer Ernie Ross The Chairman declared the resolution passed and ordered that a certified -copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY S, Bobbie Good, Recording Secretary of the Weld County Planning Commission, d o hereby certify that the above and foregoing Resolution is a true copy of t he Resolution of the Planning Commission of Weld County, Colorado, adopted -on December 5, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 8th day of December, 1989. goac Bobbie Good SC G070 Secretary rmis'T INVENIDRY OF ITEMS SUBMITTED FOR CONSD-dRATION Cactus Hill Ranch Company Case Number Amended USR-803 Submitted or Prepared Prior to Hearing At Hearing 1. Application 43 Pages X 2. One Application plat(s) 2 page(s) 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. Three 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. P1-arming Commission member field check X 12. Memo dated 11-14-89 from Weld County -Health Dept. X 13. Letter dated 11-13-89 from State Hwy. Dept. X 14. Letter dated 11-20-89 from the Town 'of Windsor X 15. Memo dated 11-t-89 Office of Emergency -Management X 16. Letter dated 11-8-89 from nil and Gas Conservation Commission X 17. Referrals from USDA-APHIS Veterinary Services X 18. Referral dated 11-7-89 from s,arimer no. Planning X 19. Referral dated 11-6-89 from Weld County Engineer X 20. Referral dated 11-15-89 -from Weld County Extension Service X I hereby certify that the 20 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission ₹gearing. I further certify that these items were forwarded to the Clerk to the -Board's office on December 11, 1-989. .jf Cu ent Planner STATE _OF COLORADO ) COUNTY OF WELD SUBSCRIBD`.�ND SWORN TO BEFORE ME THIS )I- day of Qt,cs,A,,,A,_,k 19%4 'UpL\Ci Cktils.L.4Asb. 0.4 n� ('O\.-�` NOTAR PUBLIC . 13, 1993 My Commission -Expires f en,n,, :cn �xNirts ab. 96`0(� �+®1J ETH/73/7 0 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number Amended USR-803 Page 2 Submitted or Prepared Prior to Hearing At Hearing 21. Letter dated September 13, 1989, to Weld County X Commissioners 22. Letter _dated October 31, 1989, from Harmon X Pfisterer 23. Letter -dated October 9, 1989, from Joe Hollers X 24. Letter dated October 17, 1989, from Bernie X Busher 25. Letter dated November 7, 1989, from Arlene Brown X 26. Letter dated October 12, 1989, from Ronald M. X Fladagen 27. Letter dated October 16, 1989, from N. Tony X Peroulis 28. Letter dated October 12, 1989, from Allen J. X Herden 29. Letter dated October 11, 1989, from M.A. X Hinnaland 30. Letter received October 16, 1989, from Earl X Bauste 31. Letter dated October 11, 1989, from Dana X Alldredge 32. Letter dated September 28, 1989, from Tom Cope X 33. Letter dated September 29, 1989, from Ed Duggan X 34. Letter dated September 2-9, 1989, from Todd X Alldredge 35. Letter dated September 14, 1989, Dahl Livestock X 36. Message reply dated September 15, 1989, from X McIntosh Implement 37. Letter dated September 15, 1989, from C.H. Keyd X 38. Letter dated September 14, 1989, from Tracy X Eckhardt 39. Letter dated August 30, 1989, from Ken Nelson X 40. Letter dated September 13, 1989, from Bill X Maulding 41. Letter dated September 11, 1989, from Paul Nelson X 42. A memo letter dated September 12, 1989, from X Marian E. Johnson 43. Letter received September 18, 1989, from Clay X Palfreyman 44. Letter dated September 12, 1989, from George R. X Hlavka 943®®7® 45. A letter received September 15, 1989, from -Hank X Franger Inventory Amended USR-803 Page 3 Submitted or Prepared Prior to Hearing At Hearing 46. A letter dated September 7, 1989, from Coeleen X Little and Ned Little I hereby certify that the 46 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 or before January 2, 1990. ;Sada/ate, Current Planner STATE OF COLORADO ) COUNTY OF WELD SUESCRI$£D AND SWORN TO BEFORE ME THIS 4— day of O,ov,.ia 19 c\n . woe n U 0 .V ':�n \\ ` � �olaa�.'Fl1 00� ✓l 'lr�; NOTARY PUBLIC OF [4,0- pi(4CY '1 i 0.ti f3, 1943 My. Commission Expires 960070 /� St., INVENTORY CONTROL SHEET Case /_i2�Or� Z/5/1 - S t., Ja • Exhibit Submitted pv Exhibit Description A. / 9 :;- ��ty -.--�ilaLe/72 0,47,-'4, .nom-At .il,-m��rnr TGQ�7 a,c, > U B. � � iliit D. (121;/)",j,_as:6 e‘77,e/Li ,41-',,,,,,a-4 ,-77 E. 0i _.O t 1-3174 F. • Si ��z�'c.z z,„�� is - .„yd/l� ��jj /l�a4Lc �lZozc�� 4 Ce71-413 i A I• gd-ei Ve2-274A9;i Ck-- .47171--in 1 /17 J. 'Y GC 'age/727f ( -4,rr74 sG / 9 L. i'e,� y /47"i . ZCi :72?-1 ' t,,,,daht„,.4; f2n4--dia4'w-n-en.- - _,_ a e d1/2 -�Gao I -Ni .--4S74/9 1 1'I1 N. 11ar\ Ii so,,, Pe O c? are o o /41 4z4---/442. 5 /14 Vont, eib)2//16, -r . 04 orq7_ 3/23 (x ALA \A/ sa--sa 3-7-2 V? 3 X I( -- Q/30177 Date: December 5, 1989 CASE NUMBER: Amended USR-803 NAME: Cactus Hill Ranch Company ADDRESS: 38990 State Highway 257, Fort Collins, CC 80521 REQUEST: A Site Specific Development Plan and an amended Special Review Permit fox a Livestock Confinement Operation for 150,000 Head Lamb Feedlot and a Commercial Truck Washing Facility LEGAL DESCRIPTION: NWk and the W} SWk of Section 21, and the Si SW' of Section 16, all in T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 miles south of State Highway 14 and east of and adjacent to State Highway 257 (Weld County Road 17) 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: - This proposal is located within the urban growth boundary of the Town cf Windsor and is consistent with the Weld County Comprehensive Plan's Urban flrowth Boundary Area Goals and Policies. The Windsor Planning Commission reviewed this proposal on November 16, 1989, and recommended approval, provided its concerns are met. These concerns are addressed in the attached conditions of approval and the development standards; - The proposed use is consistent with the intent of the A (Agricultural) zone district and is provided for as a Use by Special Review; - The uses permitted will be compatible with the existing surrounding uses and with the future development of the surrounding area as permitted by the Agricultural zone district; - No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. 900070 amended USR-803 Cactus Hill Ranch Company Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, 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 of the Special Review activity shall not occur nor shall any additional 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. Prior to scheduling before the Board of County Commissioners an odor abatement and response plan and a dust abatement plan approved by the Weld County Health Department shall be submitted to the Department of Planning Services. 4. A State of Colorado registered professional engineer shall be responsible for evaluating all the existing pond impounds and prior to using any new pond impoundments at the site shall submit a report to the Weld County Health Department. In the report the engineer shall certify and document the integrity of the liner of all impounded ponds. 5. A copy of the plans for the truck wash facility, designed by a registered professional engineer licensed by the State of Colorado and approved by the Weld County Health Department, shall be submitted to the Department of Planning Services prior to the issuance of the required building permits for the truck wash facility. 6. Prior to issuing building permits, a copy of the following shall be submitted to the Department of Planning Services: a plan approved by the Weld County Health Department for groundwater monitoring wells. The required monitoring wells shall be installed prior to the expansion of the Special Review Permit site. 9C0070 Amended USR-803 Cactus Hill Ranch Company 1'age 3 - Evidence that the Division of Water Resources has approved the water supplies for all proposed uses. 7. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 8. There is an issue as to whether a Certificate of Designation under CRS 30-20-101 et seq. is required for the truckwash portion of the facility. The issue will be presented to the Weld District Court for a determination. Should the Court determine that a Certificate of Designation is required, the applicant shall apply within 30 days for a Certificate of Designation, and shall obtain approval from the Board of County Commissioners for the Certificate of Designation within six months. The applicant shall agree to abide with the Certificate of Designation determination of the State Health Department and the Weld County Board of County Commissioners. 9C0070 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS -Cactus Hill Ranch Company Amended USR-803 1. The Site Specific Development Plan and Special Review permit is for a livestock confinement operation for 150,000 head lamb feedlot and a commercial truck washing facility 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 Article 68 of Title 24 C.R.S. , as amended. 3. The applicant shall remove, handle, and stockpile manure from the livestock confinement areas and the truck wash 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 run-off. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. No dead animals shall be unloaded at the truck wash facility at any time. 4. The facility shall be in compliance with the Colorado Guidelines for Feedlot Runoff Containment at all times. 5. Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, antifreeze, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. Required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust, and shall be maintained in compliance at all times. 7. No permanent disposal of wastes shall be permitted at this site. 8. The property shall be maintained at all times in compliance with the approved Odor Abatement and Response Plan approved by the Weld County Health Department. 9. Odors shall be controlled at all times and shall not exceed the commercial level of 15-to-1 dilutions threshold as measured pursuant to regulation 2 of the Colorado Air Pollution Control Regulations. 10. Fugitive dust shall be confined on site and the special review permit area maintained in compliance with the approved Dust Abatement Plan. 960070 Development Standards Amended USR-803 Cactus Hill Ranch Company Page 2 11. An on-site manager familiar with the special review permit development standards shall be on site at all times that the truck wash facility is open for business. 12. Groundwater monitoring wells shall be installed and maintained around the facility in accordance with the plan approved by the Weld County Health Department to evaluate the impact of the facility on groundwater. The groundwater monitoring wells shall be tested quarterly for ammonia, nitrate/nitrite, total dissolved solids, dissolved oxygen, fecal coliform bacteria, and pH. The results of the tests shall be submitted to the Weld County Health Department for review. 13. All impounded pond liners shall meet 1 x 10 - 6 cm/sec permeability standards at all times. Pond liners that do not meet this permeability standard shall be removed from service until necessary repairs ox replacement is made to bring them into compliance. 14. The water level in the impoundments shall not be allowed to drop lower than the comparative level of the groundwater table. The ponds must have equal hydrostatic head on both sides of the liners to assure the integrity of the liners will not be compromised by the pressure from the aquifer. A minimum of a two foot freeboard shall be maintained in the impoundments at all times and no effluent may be placed into an impoundment that has less than two feet of freeboard. At least six inches of protective soil blanket shall be installed over the clay/bentonite liner. 15. The facility shall not contribute to or cause the deterioration of the groundwater table beyond the groundwater quality that exists at the present time. 16. All livestock feed material and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 17. Any' required NPDES Permit shall be obtained from the Water Quality Control Division, Colorado Department of Health, amended if appropriate for the increased operation. 18. Maximum permissible noise level shall not exceed the industrial limit of 80d8(A) , as measured according to 25-12-102, Colorado Revised Statutes. 19. No on-site disposal of dead animals shall be permitted at any time. 9€0070 Development Standards emended USR-803 Cactus Hill Ranch Company Page 3 20. All individual sewage disposal systems, required for the proposed facility shall be installed according to the Weld County Individual Sewage Disposal Regulations. 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 Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 23. The property owner or operator shall be responsible for complying with the Livestock Feeding Performance Standards of Section 47 of the Weld County Zoning Ordinance. 24. 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. 25. 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. 26. 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. 960070 Lakes ' L Arrow Limousin 9108 Weld County Rd. , #78 C r r Fort Collins, Colorado 80524 '��"� F. ' rl7i'1 3 N0V2 9 1989 i I November 9, 1989 Department of Planning Services bid TE. ^tea` Comui .a Weld County flreeley, CO ATTENTION: Mr. Keith Schuett, Current Planner Dear Mr. Schuett, It has been brought to my attention that a company called Cactus Hill Ranch Lamb Feedlot is planning to enlarge their sheep yard from a 100, 000 head lot to a 150, 000 head lot via "use by special review" permit. The feedlot is presently emitting massive amounts of -dust contaminants, noxious odors and ground water contaminants. The feedlot is positioned in one of the most beautiful areas of Weld County, within 5 to 6 miles of the Fort Collins city limits. The land, within a three to four mile radius, is involved in a dynamic and ever-present struggle with change. Within the last two years, three farms have been sold and divided into 40 acre partials for home sites. A short four years ago, Thornton, a city located north of Denver, purchased 22, 000 plus acres of land with water rights. Several theories and hypotheses exist on Thornton's water use plan, but the bottom line for Weld County is the beautiful "first use" water will be piped to Thornton in Adams County. The farm land will dry up, thus cutting the heart out of this ancient irrigation system and leaving Weld County with the initial degradation of the pristine and exquisite man-made wetlands, not to mention the loss of tax base. The current problems that Cactus Hill displays are quite evident if you should happen to pass within the area: (1) Dust contamination is excessive. It is created by the movement of the sheep in their pens and intensifies during feeding time. The dust carries feces as well as urine. If you live in or drive within a mile and a half radius, usually south, or southeast or southwest of the feedlot, you inhale and ingest the particulates of the dust contaminants. The dust is so heavy and dense that US Highway 257 is dangerous and near impassable at certain times of the day. One must turn on their lights to pass through dust during the daytime. School buses travel this road around feeding time when the dust is the most dense, creating a high risk for an accident. 9Q0070 Dust contamination of this magnitude is obviously not a healthy way to live. The homes that lie within this highly polluted mass of dust are impregnated with the residual. It is in the drapes, the rugs and the clothes. It is also ingested with food and inhaled into the lungs, creating a significant problem! ! ! The most common transfer of disease is airborne. Should the Department of Health of Weld County be concerned? I believe they should! ! ! We don't know the long range effects of ingesting and inhaling these contaminants. We did not understand the debilitating effect of ASBESTOS several years ago either. The current rates for workmen's compensation are extremely high. It is difficult to justify men working in such conditions when doing so will negatively impact the rates of workmen's compensation. I feel that an opinion from the workmen's compensation office should be presented. Constant dust in ones eyes increases the risk of accident. This injury increases the cost of labor for the rest of the farm community. This is not fair. (2) The odor and ground water contamination that is being created by the washing of trucks, and the stagnating collection pond at the south end of the yard are in need of serious study. I have been told that there is no EPA, U.S. or state law which regulates massive odor emission. The disgusting sludge pond permeates the area to such a magnitude that pregnant women become nauseated and grown men retch. His argument is that he has the right to wash his own trucks on his own property. I wouldn't labor this discussion as long as it was an occasional washing. But he has washed 4 to 5 trucks per day in 1989 and if the area is enlarged he will be washing 20 trucks per day. This raw sewage is dumped onto the ground creating an extreme stench. No containment or purification is done. It is allowed to seep into the ground water. Again, Weld County allows him to concentrate the raw sewage thus contaminating the ground water. Why? If we as a governing body can't begin now to protect the environment, we are passing on to the youth of this country a very tenuous legacy. In this case, we are no longer dealing with the family farm, but a major agricultural commercial business. With the magnitude of excretion that is emitted daily, proper safeguards must be implemented into the existing facility before any expansion can or should be contemplated. There is a beautiful agricultural truck washing facility available in Greeley. This wash is overseen by the Department of Health and seems to be 960070 functioning well. This is now the minimum standard for the community. We have the same requirements in medicine. 3 . Ground water contamination is a very common type of problem that we are witnessing today. It occurs in many chemical plants: Rocky Flats and the Rocky Mountain Arsenal. Ground water contamination is something that is very costly to control but is very necessary. I feel that it is not in the best interest of this State or our area to have ground water contamination occurring to the extent is occurring at Cactus Hill. Hopefully, Weld County can launch a understanding with Cactus Hill whereby they can maintain their sheep program while, at the same time controlling the dust and odor,and eliminating the ground water contamination. This I believe would be very beneficial to them and to the County. At this time, however, Cactus Hill is not controlling the dust, the odor or the ground water contamination. I do not feel we can possibly allow this company to expand from a 100, 000 head pen to a 150, 000 head pen. It is a ludicrous, dangerous, and certainly very naive proposition to assume that the situation is going to improve as we increase the capacity of that plant by 50%. Therefore, my suggestion is to verify that he has controlled his dust, odor and ground contamination before any variance or zoning to expand is allowed. In good faith, Weld County allowed Cactus Hill to expand their facility in 1987 to a 100, 000 head feedlot. Before Cactus Hill is again allowed to expand, it is now Cactus Hill ' s opportunity to show good faith. They must implement prudent controls allowing them to continue to operate their facility. They must control their contaminants 365 days per year. Cactus Hill has a responsibility to the community that feeds him. It is time they perform before Weld County puts their foot into a known hazard that geometrically compounds. I realize that Weld County and the commissioners wish to have the county remain rural. The quote is "Agricultural" . I agree with this premise. However, the United States is expanding with more children and immigrants from all over the world. The result: more and more people are moving into the perimeters of our cities. Because of the glorious view and the proximity to metropolitan areas, people gravitate toward these sites. We are a free people and have learned to live symbiotically. In a free society the people should demand two basic rights: 1) The right to breathe clean air, a right our children plead for (page 16 Rocky News 11/16/89) , 2) We also reserve the right to drink clean water. The expansion of Cactus Hill violates these two basic rights. Obviously, this type of growth is a major negative to the community. Common sense 900070 dictates this noxious activity will only lead to a detrimental outcome for the county. If the leadership of our counties and states do not address each and every environmental violation at the time of re-zoning and demand that these projects are brought into code, the health of our citizens will continue to erode. Sincerely yours, William L. Lake .D. cc: Jack Mays Wes Potter Board of County Commissioners: Bill Kirby Gordon Lacy George Kennedy Connie Harbert Gene Brantner Planning Commission: Jerry Burnett Ernie Ross Jerry Kiefer Ann Garrison Judy Yamaguchi LeAnn Reid Bud Hallderson Rick Iverson Bud Clemons 900070 /919 f.2 r 6 7r3 3 -4., i2ey e-Lt -c,. ircr sot; Adastec -CT 'ri '7"ey-c- y�o-c¢/ 0.4 Girl'CGirl' etiJ 1 i#—.e---ite _.c-ryCQ.G n_7' mot C<• ,Z-z_cc c-4s.t,2, Lin, C 26)CO E'.ca 2.Z r'-ct' cua-T"7 G c dQ-C-Q, Y _I/-'f-sti c9 1.7Y zrje.r-f .‘t_:pp 4 .4 ae ' 4.x_7 Z.tS .4 cc,v a-:& /z<fl -9C007O B'lt' - Oy-LzixiZ.i ,u �/ •'NJiC/ccl ;z'.`ir7ii Gtr--1 B+tL .cp .-c1/2 L-4. -a' _a7 ..rc✓-2.1;.�i . i i.- .h+� /J-� „JAL- „cc- d Le�✓ .�-n E�-w- _-4 .-Gcn. P p�� / yJ " L / - 1 ? / -c e}-4 .r<-..O Gtr- cc.�lee-.1 a'age(7 „sC. '�j,!._ _ss— d l ,,, "z'""7J"' GeZ . - I 1p g I riiii56-0? ° � i5L (ALT 1 6 1989 Barry B Jones Trucking Route 1-Box 171 E-20 Torrington, WY 82240 Wald County Comissioners P 0 Box 758 r r Greeley, CO 89632 r1 j1 � ��I � IttO1 h 1989 September 13, 1989 pkt' pt .tia yd 1aWi g Dear Sirs: RE: Closure of Cactus Hill washout We, the undersigned, do not think you should force Cactus Hill washout to close as it is the only one left open in Weld County. As many trips in and out as we make, we need a place to washout as opposed to having to cleanout along the road ways. We think the Commissioners to encourage new and improved wash facilities rather than discourage them. _Trucking C pany Dr' r's Name �-- ? y /aid 2 / - 2 er. ! HitiLIr1II. too_ ,-t - .t14 if T_ 1:1,167 / � . r 7 � 900070 (7:11A2 i /j= G - 4,,.-tczaL 2, z .T �,yy/� VYc I , t�-C ,Lind M�tl/-i -, "4" yl/C Z: ".�. �— � Gc < < 7z Q4 Y /,,,e.Y7,____HZ-cy;Ma ��1 C C:( l c 91 L. ol A---p fi,„ SI / i: - ( , /` ( c ri '... — — tT$ I14 4 LL J 4..ti � -� i, eft 11„,,,,,,524Q- ,�li L Gam/ T • SC0070 Parttunt Pitztnn dba LIVESTOCK EXPRESS P.O. Box 1C Bondurant, Wyoming 82922 (307) 733-4987 31 October 1989 Weld County Commissioners P .O .Box 758 Greeley, Colorado 80632 Gentlemen I have been contacted by Kenneth Nelson of Cactus Hill Ranch on behalf of the livestock trailer wash He operates . As I told Mr . Gordon Lacey in our telephone conversation I am not versed on the reasons for closing the wash , only the benifits to the county in taxes and the revenue to Nelson which a great deal will be used to better the economy of Weld County . In my operation I haul cattle to Colorado and return to Wyoming with cattle feed, if I can get washed out. Therefore the wash is a real benifit to me. I hope all parties involved in this situation can come to terms and get the problems solved for the best interest of all concerned. Respectfully \9a9 1 to ,fl tS tom woo 9C®®'70 • Joe Boilers 7413 NCR 9 Wellington, CO 00549 October 9, 1989 Weld County Commissioners P. O. Box 758 Greeley, Co 80632 Dear Sirs: Recently I was informed about your plans to shut down the trailer wash at Cactus Hill and I am writing to urge you not to do so. Being able to wash my trailer out reduces the deterioration of the trailer and reduces quite a bit of weight caused by the livestock waste. If this facility is shut down I will be forced to dispose of the waste somewhere else. Every other truck that uses this facility will also be forced to dispose of their waste somewhere else. This will create numerous areas. of odor producing waste dumps. Commerce City residents and businesses live with the awful smell of the human waste treatment plants. Denver residents and businesses live with the suffocating odor of smog. The blood cooking at Monforts is another foul odor that residents and businesses live with_ These are only a few of the many cases of unpleasant odors that peoples accept as part of life. I think it is time you realize that disposing of livestock waste is a very necessary part of bringing meat products to the tables of the American people. And I urge you once again, please do no shut this much needed facility down. Thapk you, e./Joe Boilers 0.. r �� f OCT 1 1989 I �h� �� 6slasliio� f OIThIl,1�';bi SC 00 70 Hoyt t CorIJ Ianches Livestock Iranseurtati-on `S P.O. BOX 647 P.O. BOX 277 BURNS,OR 97720 CALDWELL, ID 83605 (503)573-5215 (208)459-0683 • 459-0685 TOLL FREE 1.800-458-4933 • October 17, 1989 WELD COUNTY COMMISSIONER PO BOX 758 GREELEY, CO 80632 Dear Sir, _This letter is in reference to the washout at Cactus Hill Ranch. This washout is of great importance to our company. We run 20 to 30 trucks through this washout every week. Cactus Hill Ranch wants to move the washout farther from the road and improve it in a number of ways. This seems to me it would be a benefit to the county and the surrounding community also. -Thank you, -Bernie Brasher Safety Manager Hoyt & Sons Ranches Livestock Caldwell, Id & Burns, Or ' OCT 2 3 1989 i Weld Co. Planning Commissiol "A Rancher Working For Ranchers" 1 ICC- MC 192114 OR PRORATE 17126 OR PUC 19777 U.S. CUSTOMS BOND NO. 298701535 BLUE SPUR TRUCKING, INC. BOX 26-95 HC 33 RIVERTON, WY. E2501 November. 7, 1989 Weld County Commissioners P. O. Box 758 Er-ee:l.rray., CO. 8067`, To Whom It May Concern: It i-s our understanding that legal action has been taken to close the Cactus Hill Truck Wash and Feedlot. At this time we would like to express disappointment in this action. Our trucking company feels that keeping the environment. safe for the public: is in everyone and everything' s interest, but we wonder if asking for improvements from Catus Hill would be a wiser action than -closing it down. There are so few washouts for livestock trucks and trailers now! Just shutting washouts down could lead to trucks cleaning out in areas that could not be controlled for cleanliness and safety. As a truc_ki. nc company that is greatly interested :i. n keeping the environment safe as well es keeping our equipment clean and safe, we ask that the County Commissioners try to work with Catus Hill to build a suitable washout and -Feedlot. This would in turn help all people and industries involved. Si,nc_erely, ,,,(fT Arlene Brown Vice President VIII - -� Blue Spur Trucking, Inc, 4 7-‘,, ` , ti N0V 2 19F ► U AB/amb CC Cactus a ;IJI ;s?lio a a Y CC_.:., C a:a c:: _c.i.:s Hill]. ]. aid Cu. Plar�.t[�Y�. 9000?O . (Pg#6. /R, / 2t (/ St .2_J reA Diu ,4. J �/c 24 2 (A,16-(x.2}11-6—e4/.. ,u V <, - c ,ref . 1 ?d 1 (I/CW e 9 '! _ '( Ce 6'2 ( i Lt Cite CGo✓ g/t ferc„c4e,ez,yi ,(t0J,61-//1 76,(711 vivid frzto Am/. to-c-, 1 9 1989 S(, Weld D. planaia ammissian <�J�J2 - __i707,5-3 aL 61070 October 16, 1989 Weld County Commissioners P. O. Box 758 Greeley, CO 80632 rm Closing down Cactus -Hill 's Trailer washout. Dear Sirs, We are located in Craig, Colorado and operate six trucks. The Cactus Hill Washout is very beneficial and a very worthwhile operation. I beli-eve it is in the best interests of Weld County and the people involved in the livestock hauling industry to keep this •facility in operation. Believe me it is a necessity. Thank y_ou, P `OULI1" RU S. (//' N. Ton F'_erou1 i General F'artn-er NTF'/,ib F'. S. I an af-f i l iated with zompany -that manufactures a product which will virtually liminate adores an-d help sanitize the -facility. If interested contact me at (303) 824-•4445. OCT 19199 'eNI Co, Pinot*R. WIWYiuSSW 9C0070 o� -a : to •_. - t� _ ,: � +• � t an i:C ]113Lv r _ _ vcii, _, :t _ o-O . +J i" i. . , ?'; 2/,,,7- 7tatea>7(,. .L.y..4._ „ezzza____ NT 1 6 1989 1 0l`. Weld Co. Platinum tiomroission 9CG070 1ti 1 L:iC:,T'- LiV,!;:; 'CC:;, Ii. ; . . ox 4392 dillistor:, i i1 58802 Weld County Commissioners 1 . C. rox 753 .:reeley, CC 80632 Dear - xr s: We urc.e you not to close down the trailer wash at Cactus Hill. 4e haul many loads of livestock in and thru your area and this is the only place to stop and clean our trailers. ..'his not only helps u • out but also f,er.erates revenue into your area. sincerely; rit;dA2-tx.-1-X Earl Maus te, irig r. cc:Cactu^ Hill IpmTw--p•-1, OCT 1 6 1989 1 900070 vtauttb, airmodwi dlooks:uu: SAGE CREEK TRUCKING P. 0. Box 1980 Roosevelt, Utah 84066 801-722-4264 October 11, 1989 To Whom it May Concern: Our driver wrote to you regarding keeping the trailer washout open in Fort Collins. By being able to wash the floors they don't deteriorate as fast. Our driver has told others about the facility and at times he goes out of his way home to washout his trailer. Also while he is in Fort Colling he fuels up and eats which helps your economy. We hope that the facility can continue to operate. Sin�erely Dana Alldredge 7A. 9,53)1971 0CT 1 7 1989 910070 C Total Engineering Sertict .. . 4415 W. 9th Street Greeley, CO 80634 (303) 351 -8744 September 28, 1989 Mr. Bill Kirby, Chairman County Commissioner Weld County P.O. Box 758 Greeley, CO 80632 Re: Cactus Hill Cattle Truck Wash Dear Commissioner Kirby: It has recently come to my attention that a commercial cattle truck wash has been proposed at Cactus Hill north of Windsor. 1 felt it was my duty as a Board Member to the W-eld County Health Board, a practicing Professional Engineer in the State, and a concerned citizen in the County to voice my opinion on this issue. There is no doubt in my mind that the need for the cattle truck wash is present. However, the facility should be designed to meet all of the standards set by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, Colorado Revised Statutes (CRS) 1973, as amended. T-his procedure will require the applicant to apply for a Certificate of Designation (CD) with Weld County and the Colorado Department of Health. The Certificate of Designation allows the review and input from the County and State to ensure the facility will be designed to minimize environmental hazards as well as public nuisance problems (i.e. odor, noise, dust...). Another major benefit of -the CD is this procedure authorizes the County and Mate to monitor and respond to any problems that may occur at the facility. 900370 IIC Total Engineering Service 4415 W. 9th Street Greeley, CO 80634 (303) 351 -8744 Mr. Bill -Kirby September 28, 1989 Page Two 1 feel it is imperative that the County and State have the opportunity for the technical review of such a facility. The technical review will ensure the facility does not have a negative impact on the following items: 1) Air pollution and nuisance conditions due to odors or dust that may interfere with the comfortable enjoyment of life or property in the vicinity. 2) Groundwater degradation due to water pollution by leachate created at the facility. 3) Improper surface discharge from the facility that may have a negative impact on down gradient property owners. 4) Assurance of the type of waste allowed at the facility. 5) The ability and willingness to resolve nuisance conditions. I have recently designed a cattle truck wash located in Greeley City Limits. Although, we were not required to receive a CD because of being located within the City Limits, we were required to follow all of the standards set in the Solid Waste Disposal Site and Facility Act. The Engineering Report was reviewed by both the State Health Department and Weld County Department of Health. The facility received approval and is near completion of construction. Following are some of the precautions we have designed into the facility and should be designed into the proposed facility at Cactus Hill. 1) An impervious liner was installed to insure the groundwater would not be degradated. 2) Both an odor and dust abatement plans have been submitted to ensure the facility will not become a nuisance problem. 3) Monitoring wells will be installed and monitored quarterly. 4) Sufficient treatment of the waste in the impoundment ponds will be provided. 9t t:.0070 ter Total Engineering Service 4415 W. 9th Street Greeley, CO 80634 (303) 351 -8744 Mr. Bill Kirby September 28, 1989 Page Three I hope you will strongly consider the information provided in this letter while reviewing the facility plans. The issuance of a CD will allow the County and State to take positive actions to ensure the facility will be operated properly as well as allowing the enforcement body (Weld County) to resolve any negative impact conditions in a timely manner. Please feel free to contact me if you would like to further discuss the operations of such a facility. I have dealt with several Solid Waste Disposal Sites and am familiar with the permitting process. Sincerely, A997/ Tom Cope, P.E. xc: Mr. Gene Brantner, Commissioner Mr. George Kennedy, Commissioner Mr. Gordon Lacy, Commissioner Mrs. Jacqueline Johnson, Commissioner 7 MTh" 1111 �� ' 2rd V II SEP 2 8 1989 ri Weld Di Adti,flq .;u,n", 9C0070 September 29, 1989 Bill Kirby, Chairman Q `� y��ir `� Board of County Commissioners •� t Weld County Colorado 0CT 915 10 Street 989 Greeley, Co 80631 L1_a Dear Sir: Weld Co. Planing cnmimi I would like to take this opportunity to express my views concerning Livestock Truck Washout facilities in Weld County. I am very much involved with the livestock transport business in the Greeley/Weld county area. I share the concern expressed by many other cattle truckers regarding the need for washout service in the local area. I am, however, very much concerned with maintaining a safe and healthy environment in weld county. When the county is considering any commercial truck wash facility, I strongly support the requirement that any such site be required to have a Certificate of Designation under the state Solid Waste Disposal Sites and Facilities statutes. I feel that this permit process was developed to provide scrutiny of the proposal to avoid problems with the design, construction and operation of waste handling and disposal sites. I feel that the permit process provides the following safeguards. 1. The process provides for an extensive technical review to detect any possibility of undesirable environmental impact in the area prior to construction of the truckwash. 2. The county has the authority to set any additional necessary construction and operation standards that may be required for safe operations. 3. The permit provides authority for compliance agencies to conduct on-site inspections to detect any problems that are occurring before they become magnified and possibly unmanageable. 4. Under this permit process, a much more specific and defined compliance authority and procedure is available to the agencies if abatement of environmental problems is necessary. The demand for livestock truck washout facilities is growing in Weld County as the livestock industry grows. I strongly urge the Board of County Commissioners to consider requiring ALL livestock washout facilities that operate commercially (taking trucks other than their own) meet this requirment. I fear that, without this process and permit, facilities will be allowed to be constructed and operated which will have an adverse effect on the surface and groundwater in an area where significant contamination from nitrates is a present and growing problem. Please, let us not continue to make the same mistakes that were made in the past just because there may be some legal interpretation allowing for this pollution potential to continue in Weld County. 17r 900070 c. SAGE CREEK TRUCKING P. 0. Box 1980 -- ROOSEVELT, UTAH 84066 September 19, 1989 Weld County Commissioners P. 0. Box 758 Greeley, Colorado 80632 Dear Sirs: We would like to take this oppertunity to let you know how must we enjoy having a trailer wash out at Fort Collins. We have used the Cactus Hill Ranch out only about four times but being able to wash out our trailer at the end of a run helps the floors of our trailer from wearing out faster. We along with other truckers from Utah would like to see the facility stay open so that we can take care of our trailers while it is easier to do so. We also think this helps your county because while we are there we spend money and this should help you. Sincerely odd Alldredge` 1U)riL ,t Jr \V ,J t i UEP 2 2 1989 ), j SYel6 Cb Oktul!uy4 .i11woliVue 9C0070 70 DAHL WESTOCK MTH NEVADA OW 6sintaf tat) co ^'9`_-) p b lei,, ouLe .Q(/ c e 6 cif c `emek'v'd. i J,o nue( (7Q“ cJkettx_ 97--C c A 7/ rem e (Esc rte cn _ �J /` 7/ivaa /v(±11-e ICU / / ci E eat; La :.3T Irkl1HP^ AOAV31fl JEOFF 752-3245 KIRK 779-2260 Dahl livestock. inc. Deeth, Nevada 89823 Trucking 8 Hauling is Our$usiness Let Ls Do Yours WE ARE THE SOURCE"FOR ALUMINUM TRAILERS&BEEFMASTER BULLS 9000 yen'er.Wnlo Or lynx masseye,pril out yellow sOml,loltl al( l lo III]]t DIlUW Ee EmBloot LI PRODUCT 1173 PVEIS3J PC umon rums.0 471 to 0 di FRONT TOLL EPEE I+BOO 225.6110 NO CARBON PAPER REQUIRED'.Type or write on original—Impression will automatically appear on copies beneath- DATE PRIORITY R McINT0SH IMPLEMENT 1"4 e FIL NO 7- /✓C- cry ❑ URGENT! R ❑ SOON-AS POSSIBLE 0 P.O. Box 367 El NO REPLY HEEDED IA McINTOSH, SOUTH DAKOTA 57641 IIIATTENTION'. (605)273-4200 I— pr, cQ.f cosec 4� G( at a. F063.7 oha ied aiipa-teztte,kitiffi iatiageet/� M 42,to Ica- -e'l�4 ' 44 a or ,e_eat ` ate-G ' ‘2,2d7 4ar.Y ' Es grata. G-re-e itrefir Z-47A).--Ctrete•tio'r 4_ neld-, 451-- rd--(1_, E SIGNED. NAL / r,—z • DATE°FIREFLY'. REPLY TO `' 0 `In-i�' ` rIV! E sI Ip � L ; SEP 1 9 2989 ; i 4 y h___..____-� Lk) SIGNED: neifi Cu. P1aua P `Ili Sl n,•i SENDER: MAIL RECIPIENT WHITE AND PINK SHEETS. September 15, 1989 Weld County Commission P.O.O. Box 758 Greeley, Co. 89632 Dear Sir! • We as cattle truckers, need very mach to have a trailer washout in the Greeley area. In any large cattle feeding area there should be a washout, where are you people going to allow the livestock truckers to clean their trailers? We hope you will reconsider and let Cactus Hill Ranch keep their facility. Sincerely, •4-4/?'tY1 / 4://, Korr-Hprz-m--q • ,S EP 1 9 1989 .1 ; �`;.._... _ ._ . _ Nt.1t Cu. Pintiairik inrmirussiu,: • • r 4011,7--mq • fif • id:, a ) liir ,) 70 September 14, 1989 Weld County Commissioners PO Box 758 Greeley, CO 80632 Dear Sins: As owner and operator of KT TRUCKING of Lander Wyoming, we have five trucks running cattle to the Ft. Collins- Greeley -area. It's a great help in the winter to be able to wash out our trailers before they freeze. Monfort of Colorado has no place for the stock trailers to shovel out. This company is almost 80% of our hauls. The closest wash out would be in Torrington Wyoming, and in the winter it's too far out of our way, not to mention 200 miles extra to travel. I have asked my drivers not to clean out in the rest areas but they must also keep the trailers _clean to keep the customers happy and to also keep the trailer weight down. Closing the Cactus Hill wash out will cause the increase of people cleaning out their trailers in unappropriate places. If Weld County feels it must close Cactus Hill, I hope you have another designated area where these trailers will be able to clean out. Sincerely, a Tracy Eckhardt KT TRUCKING is ,i; lae SEP 1 91989 `• T� Plhukl9;Ip, °nflm IlSSio 960070 fl [octus Hill 38990 Hiway 257 • Fort Collins, CO 80524 • 303686-2215 Pr August 30, 1989 Dear Friends, This is -a little information you might be interested in roncernini our trailer wash facility. The Wel-d County Commissioners have issued us a tease and desist order to close the washout and the feedlot. We did not obey the order so they are taking legal action -against us. We are fighting the legal action and, _of course, keep on operating until that is resolved. We want to move the washout farther from the road and expand it to handle three trailers -at -once. We would also improve it in a number of ways to make it -more efficient, cleaner and easier to _operate. The county refuses to let us do that and instead wants us closed down. If you would like to see the facility kept open please contact the Weld County Commissioners and let them know how the washout is a benefit to you and also how it is a benefit to Weld County. We have had very good cooperation from all the drivers who Ilse the facility. Occasionally one may get irritated when the hose breaks, the nozzle breaks or something elsegoes wrong. We do our best to keep it in -good repair and apologize for the inconvenience you may have experienced. We would like to build -a -new facility which would be improved but that hinges on the outcome of the legal action. To contact the Commissioners either call them at 303-356-4000 or write to: Weld County Commissioners P. O. Box 758 Greeley, 30 B0632 Thank you, Kenneth Nelson 1 � z� -`1 f? I i?1, r,.-') SEP 1 2 1989 ri '_\ Y_, lwt GU, WhUUIUM_ uilUUHiS.:ul 9€QO?O i`Pelt*,.. '-z / / L. 7- A)t 2,4,,,,i (-2/2 4/ -21I, 'o ..,e:::.72 rp�i �J-�f',�/ �! � i� C-L"`-Cc.-u 24-Eh. 'i 2C,t_C .-) _EL�'!/ -47 ��. t1 oo e1 i L P -eV /Gu.4_.21< <1�' il -�Cy.,__i r_i_ '2_ T CG a zG/ .- if- /tt- ej1 42/ , 1� 2-� i -7 it ,�ie i, s Tit SEP 1 A 1989 I Li Well Co.-Planning inmorissiw 900070 - H t, ry / ! 1)) ? /o ��' oSf, 1E/ Cl1 • O 4,31 cry�„ , L �� 144_ - y Cer-et ate, cam, a /p ° a -c2 - — aessCcJ �her � acs 4' n-- , _ e-ee: , CO . �YDSy3 I\ SEP 1 A 1989 JL cS'8> 7 — — Nk18 Cia rr, : _ ,, SC0®7U 41: - II C, 9/ 5" /off Por„L.3•t Z � ti , cc, "3 We u`JGGf _2.4& - d it w •ateRSi- 1 aY &met £fl . ° we- d42..tac, in . ® CL d G J- -Oei- ta—re-,ef_. , (2.4T ggo SEPIA D 5 w o 1 3 1989 )) 24 , Cc-?. 80rLes c_,—_ J , y j S 7 - 3 er ' ° ahomn? cnmmissim, 900070 1 1.EiVO Li: 1 , 111) JOHNSON LIVESTOCK TRUCKING r rr 40250 WCR 21 ' AULT. CO 50610 D r "i j rs,; S-iiii r PH. 803-484-3825 OR 666-2319 : .� : . ` ti _ / I. 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J^^�4 � / e',.:,..,> am+C -/f-�J'�.6 es-. ��- ,._I' l e-;, •`r i` .‘;,-r • • • i. ..� • ...7.�.Ci.�„F.�t-'I� • —r-7._ (..-.f/ (':/.e'A� - ---- -_,4-it•-' -"- LiPlease reply No►epllts1py®ry0 i • - - MOW) N \ a ) - R S\ z \ '.tip o\ i • XirteS os Clay Palfreyman — rs369 East 1875 South Jam, 1r1.17qs pringville, Utah 84663 4. - I 31E9 1 1989 11 &IA Co. Plowing itommissio 900070 HLAVKA EXCAVATING & TRUCKING 2120 BUTTEVIEW DRIVE STURGIS, SO.DAK. 57785 ez- • /a, / 71'? 694 257 P?itan. J e°`-6a`._4 eee j - v; p ,cam ac%ee ' ✓L2act 17t)aIac.3" ,z-t Az„t4,,,O 1,,,U .,u, -- -tom-��.1�- U e� _ .—��- --�.�-e� �G-a-k-e et-) —c'v ac GA-we" , it ol-c) -Pik-(//t ex-t) 6e-tee, .) -/-e- <.J .- j , ,� tea. .- 1-_C uo C c ) est 1-. znc a t; ..,(aw -4� eapp�C/ .�' 02/-e_t -r_o - 0 o_ - ctw ,776 6i- - �{,e�,�( cep,et,..e _ ) ec d� �v y _r,4 crEi YAetc, k U 2 2a.O. j ' rP 151989 JJ ow, 9C ® I V Powder River let -?' is lb ,Rodeo Productions Sit g() R6c3c9 abd .rttle -r.ae4 ; /de —' z to 8 6€ �� e q /2 (42 zei /at ' 66 4 ce- ( 0 . i .ic a ral6tecel - au , %a--e Q &2 dew y -ell 2.& a to %e_ det, .iw oe__ ,c 7 971zdel --di,i,ed--c--,) ySEP151989 NtflI tth 94akoolt 44wouu sssoll or n" 960070 -.o: ' " 372 Greenough Road • Recluse, Wyoming 82725 • 307-736-2477 ' " .. ... Ned Little Horse Co. 14128 N. 115th Longmont , Co. 80501 (30'2') 772--1183 September 7, 1.'::189 Ti:":' Weld County Commission, I ' m writing this letter to you to protest ';our action against the trailer washout fa'_: itii. :ies in Weld County, This fa': it it ies provides a great service to our livestock h-t;_ll i.ng business. I don' t know of another facility who offers this kind of service. We have to have facilities of this kind to keep our trailers washed out . Cactus Hi]. l is providing a necessary service for the livestock business in this area. We come from Longmont to use the washout . Please reconsider your action against them. We need the washout . Sincerely, ',/.2ez._ (? oet:tiAL-- 'F,P 1 ' 1989 Ned CU. gI: nill* oPla biSMIP, 9G3970 LAND-USE APPLICATION SUMMARY SHEET Date: November 28, 1989 CASE NUMBER: Amended USR-803 NAME: Cactus Hill Ranch Company ADDRESS: 38990 State Highway 257, Fort Collins, Colorado 80521 REQUEST: Site Specific Development Plan and an Amended Special Review Permit for a 150,000 head lamb feedlot and a commercial truck washing facility LEGAL DESCRIPTION: NW} and W} of the SWI of Section 21 and the Si of the SW} of Section 16, both in T7N, R67W of the 6th P.M. , Wald County, Colorado LOCATION: .75 miles south of State Highway 14 and east of an adjacent to State Highway 257 SIZE OF PARCEL: 145.407 acres, more or less 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. The Department of Planning Services' staff has received specific recommendations from the Weld County Health Department, the Colorado Highway Department, Town of Windsor, Weld County Office of Emergency Management, and the Colorado Oil and Gas Commission. Referral responses have not been received from Colorado Division of Water Resources, Colorado Health Department, Windsor/Severance Fire Department, Central Colorado Water Conservation District and the Greeley Soil Conservation District. Phone calls from surrounding property owners objecting to the proposed expansion have been received by the Department of Planning Services' staff. 960070 u.t i. 104 U N.�f- ,� \�- ,IIi �� ..�II ��, ) �,I. s Is '. '. 4 \\ lo I 120 102._ i Y ., t n r py CU to • r\•� _. • l,) I ,�dpl`\x, ...�k' i \ pBpp\ - tlp100... I ;t YY yr,u _I. ',K,• ' x p t. / t. IC it. / second °+• - _tra ppi 96. .. 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J 1 '�: .?c.t.., p ^x' Ir f s'td 1 1,::,-.V.:,' ,�, ':.. : !_ r 1 f nK X . y '-') ' [ t Y g, " f 5 rc 54. f aJ , tXCe 4 ° '$, . 1,2f. .', � 'Kr { xq7 axt z � Gi ' n r w C.✓ t<az ax ..'''‘O.''''.. th ' WjG 'I -� $, it ` .•!, is ..rt d R ', 1 t,sSYC�>- i..,.... .y...'.s,., a'., ,./:,-.'",.-^",;(0'...- {, ti- Wei `1,'. a ' • ' r i900070 � i i,F.- tn, • 1{ FIELD CHECK FILING NUMBER: Amended USR X03 DATE OF INSPECTION: November 16, 1989 NAME: _Cactus Hill Ranch Company REQUEST: A Site Specific Development 1'lan and a Special Use Permit for a 150,000 Head Lamb Feedlot and a Commercial Truck Wash Facility LEGAL DESCRIPTION: Part of the NW} and the W} of Section 21 and the Si SW} of Section 16, T7N, R67W of the 6th F.M., -Weld County, Colorado LOCATION: East of and adjacent to State Highway 257 (Weld County Road 17) , and approximately .75 miles south of State Highway 14 LAND USE: N Agricultural Production E Agricultural Production S Agricultural Production W Agricultural Production ZONING: N Agricultural E Agricultural S Agricultural W -Agricultural COMMENTS: The current use of the property is a lamb feedlot and agricultural producti-on. The surrounding area is agricultural production and rural residences. The topography of the area slopes from the northeast down to the southwest. No streams were observed. Very little landscaping exists on the property. -Access to the property is -off State Highway 252, a paved highway. Two entrances are on the property: one on the north by the office/scale house, and the other is to the south by the truck washout and lagoon area. By: ' / J V Keith A. Schuett -Current Planner 900070 FIELD CHECK FILING NUMBER: Amended USR-$03 -DATE OF INSPECTION: NAME: xactus Hill -Ranch Company REQUEST: A Site Specific Development Plan end -an tended Special -Review Permit -for a maximum of 150,000 head lamb feedlot, commercial truckwash, and 5 additional accesanry to farm dwelling LEGAL DESCRIPTION: P-art of the NW} W} of the SW} Section 21 and the Si SW} of Section 16 all in T7N, R67-W of the bth P.M., Weld County, Colorado LOCATION: East of and adjacent to State Highway 257 (Weld County Road 17); approximately .75 miles south of State Highway 14 Land Use: N 46 hr-44,4acke Q E ' r1 CRCI (C1Si1 — S o h3 Ls n4_4 Gifts L-An?J S U(Y ta4 — G �tL( i4/4 /L64 _G6 ! W — Gt.GcL4Y_ ✓LG --;Ce-tte - Zoning: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: l S/ O(fj ,7 / S SDit 4(cc W D/.! /I -4-4 a ie-cf, h u vl 4 -E7F' itn 7`- s�2 - /<776/1/2 l*-2 Fs3r D cc <te,? e-1 <y72 „e" b4 Thy<�L e Tr- rn ri -Signature of oard Member 900070 REFERRAL LIST NAME: Cactus Hill Ranch Company CASE NUMBER: Amended USR-803 REFERRALS SENT: November 2, 1989 REFERRALS TO BE -RECEIVED BY: November 1-6, 1989 COUNTY TOWNS and CITIES X Attorney Ault 7—Health epartment Brighton ✓X Extension Service Dacono TEmergency Management Office Eaton /Sheriff's Office Erie VX Engineering _Evans _Housing -Authority Firestone _ _Airport Authority Fort Lupton _ _Building Inspection _Frederick _Garden City STATE Gilcrest X livision of Water Resources Greeley Geological Survey ^Grover _ X Department 'of Health (Pam Harley) Hudson VAR -Highway Department Johnstown _Historical Society Keenesburg Water Conservation Board _Kersey X Oil and Gas Conservation Commission La Salle —Lochbuie FIRE DISTRICTS Longmont_ _Ault F-1 Mead _Berthoud F-2 _Milliken _Brighton F-3 New -Raymer _Dacono F-19 Nunn _Eaton 1-4 Platteville Fort Lupton F-5 Severance _ Galeton F-6 ✓X Windsor Hudson F-7 _ Johnstown 1-8 COUNTIES La Salle F-9 _Adams _Longmont F-10 Boulder _Milliken F-11 Larimer _Nunn F-12 Pawnee Platteville 1-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 US Army Corp of Engineers Poudre Valley F-15 VX USDA-APHIS Veterinary Service �Raymer Federal Aviation Administration _ Southeast Weld F-16 Federal Communication -Commission X Windsor/Severance F-17 _Wiggins F-18 _Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins X Central Colo. Water Conservancy Dist. X Greeley _Panhandle Eastern Pipe Line Co. Longmont _Tri-Area-Planning Commission West Adams COMMISSION/BOARD MEMB'R r'X ErflesrRoss. J.r/ 4'„- 9C 0070 , 0 � , m oRnnDUM ,I � W I Weld County Planning Nove/mrber,,ga 14;,:,:l989 ;;s':, Q mate FrEnvironmental Protection ServicesUVCOLORADO From iL, Case Number: USR-893 Name: _Cactus Hill Ranch Co. Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. The applicant shall remove, -handle, and stockpile manure from the livestock confinement and the truckwash 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, or 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. 2. The facility shall be in compliance with the Colorado _Guidelines for Feedlot Runoff Containment, prior to final approval of the Proposed use. Odors shall be controlled at all times. At -no time may the level of odors exceed the commercial level of a fifteen to one dilutions threshold as measured pursuant to regulation 2 of the Colorado Air Pollution Control Regulations. 3. Waste oil, waste paints, stains, treatments, spent drug containers, empty livestock dip containers, anti-freeze, and other associated liquid and solid wastes, shall be stored and remove-d for final disposal in a manner that protects against surface and groundwater contamination. 4. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health far fugitive dust. The -Division requires that an odor abatement and response plan be submitted prior to operation of the facility. This plan will be implemented at the request of the Health Department in the -event that odor levels detected off site of the facility meet or -exceed the 15 to 1 odor limit as specified by the USR Development Standard. The Plan will also be implemented in the event that the Health Department receives a significant number of odor complaints and, in the judgement of the Director of -Public Health, there exists an odorcondition requiring abatement. Fugitive dust shall be confined on the site at all times. The facility shall develop a dust abatement plan and shall have sufficient equipment on hand or available to the onsite manager so that the dust abatement can be implemented at any time that dust is observed to be raised in sufficient quantity as to be observed to be leaving the property. 9&0070 Cactus Hill Ranch Company November 14, 1989 Page Two A manager responsible for operation of the facility shall be onsite at all times that the facility is open to wash trucks. Groundwater monitoring wells will be maintained around the facility to evaluate the impact on groundwater. Samples from both upgradient and downgradient wells shall be taken and tested quarterly. The results shall be submitted to both the City of Greeley and the Weld County Health Department. Testing will include the following parameters: ammonia, nitrate/nitrite, total dissolved solids, dissolved oxygen, fecal coliform bacteria, and TH. The truck wash facility shall be designed by a registered Professional Engineer. The design shall be reviewed and approved by the Weld County Health Department. An impervious liner is required in all impoundment ponds. The permeability of the liners shall, at the minimum, meet 1 x 10-6 cm/sec permeability standard. A registered professional engineer shall be responsible for evaluating the impoundment at the site. A report shall be submitted to the Weld County Health department after the review is completed. This report shall _certify -and document the integrity of the liner of the impoundment at she facility. The water level in the impoundments shall not be allowed to drop lower than the comparative level of the ground water table. The ponds must have equal hydrostatic head on both sides of the liners to assure the integrity of the liners will not be compromised by the pressure from the aquifer. A minimum of a two foot freeboard shall be maintained in the impoundments at all times and -no effluent may be placed into an impoundment that has less than two feet of freeboard. At 1-east 6 inches of protective soil blanket shall be installed over the clay/bentonite liner. The applicant shall remove, handle, and stockpile manure from the truck wash 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, or 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. No dead animals -shall be unloaded at facility at any time. The facility shall not contribute to or cause the deterioration of the groundwater table beyond the groundwater quality that exists at the present time. 5. No permanent disposal of wastes shall be permitted at this site. 6. An ISDS -Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 900070 Cactus Hill Ranch Company November 14, 1989 Page Three shall be handled, waste materials itive must, feed p material manner that controls fug d� , All livestock and disposed in a stored, blowing debris, and other potential nuisance conditions . be obtained from the WaterHealth, Permit shall Department of Quality ity Control NP DS of the Colorado operation. 8• for the increased Quality Division and/or amended if appropriate l not exceed the industrial 9 . Maximum permissible noise shall to 25.12-10i, Co limit of HOdb(A) , as measured according dead animals shall be permitted at Revised Statues. 10. No one-site disposal of required for the proposed an amt. stems, to the Weld County 11. All individual sewage disposal sY facility and -shall beglsRegulationsaccording Individual Sewage Disposal Wp305/cs 900070 51A 1 E OF COLORADO DIVISION OF HIGHWAYS cleat:\P.O. Box 850Greeley, Colorado 80632-0850 )(303) 353-7232 Se .; 4F<O November 13, 1989 Weld Co. , S.H. 257 Cactus Hill Ranch Company Specific Development Plan & Special Review Permit DOH File 1+5100 Mr. Keith Schuett, Planner Weld County Planning Department 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Schuett: We have reviewed the Cactus Hill Ranch Company Specific Development Plan, and we have the following comments: With the additional traffic generated by the expansion, the need for both right and left turn deceleration lanes has been analyzed and the lanes have been determined to be unnecessary at this time. Thank you for the opportunity to review this Specific -Development Plan. Please contact me at 350-2163 if you have any questions. Very truly yours, DOUGLAS D. RAMES DISTRICT ENGINEER 6-5agekir#69_,.,(2> A.Evan A. Hooper, Jr. Development/Access Coordinator EAH:smw cc: L.D. Yost Area Foreman File: Hooper via Crier Di j `giDILIF 'ir`ry 5cti7 :TN 1 = i989 r I veer, r, 960070 E� - x ,n asortAs4i of `Wins.jor� f' t 301 WALNUT • WINDSOR, COLORADO 80550 TELEPHONE: (303) 686-7476 November 20 , 19-89 Mr. Keith A. Schuett Weld County, Colorado Department of Planning Services 915 Tenth St . Greeley, CO 80631 RE: Cactus Hill Ranch Co. Expansion - USR-803 Dear Mr. Schuett :The November is, 198 sor Planning 9 consideredCommission, sl atg theabovementionedcial Weld meetin County referral. Several residents of the surrounding area attended the meeting and expressed their concern over the potential increase in dust and odor. The Commission recommended by a unanimous vote that the proposal be approved if the concerns relating to odor and dust can be resolved . Thank you for providing the Town of Windsor the opportunity to review this matter. Sincerely, TOWN OF WINDSOR F C - Janet E. Lathro 46e- Assistant to the Administrator j el 943007O MEMORANDUM TO Keith A. Schuett, Planning Services FROM Ed Herring 110889 DATE USR-803 RE I have no problem with the proposed expansion of Cactus Hill Ranch Company as proposed in USR-803. I do have a question as to how they obtain and store fuel for use in vehicles on the property. Per the Superfund Amendment and Reauthorization Act (SARA) Title III if more than 10,000 lbs. of fuel is stored at any one time then certain reports have to be filed with three different government agencies including the Office of Emergency Management for Weld County. I have no reports for the facility as of this _date. Is there this amount of fuel stored now? Is there going to be any increase of fuel being stored? A second -point to consider is if the fuel is being stored above or below ground. Tanks below ground have less than five years they can remain underground and currently they have to have certified tests performed on them. If there going to be storage of fuel above ground then I would be concerned with runoff and containment in case of a leak along with possibly a facility emergency plan. EH:lch 900070 1 STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUITE 380 LOGAN TOWER BUILDING WILLIAM FL SMITH 1580 LOGAN STREET Director DENNISfor R. BICKNELL DENVER, COLORADO 80203 Deputy Director (303) 894-2100 ROY ROMER Governor November 8 , 1989 Keith Schuett Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Application for Lamb Feedlot Case # USR-803 Sec 16,21-7N-67W This letter is in regards to your request to review and comment on Cactus Hill Ranch Lamb Feedlot expansion. I have reviewed the application and do not find any conflicts with the plans presented. Future drilling in this area, should it occur, will have to comply with our safety rules, specifically: Rule 603 (a) Wells shall be located a distance of 150 feet or one and one-half times the derrick, whichever is greater, from any occupied building, public road, or major above ground utility line or railroad. Rule 604 (a) (3) Tanks shall be a minimum of 200 feet from the residences, normally occupied buildings, or well defined normally occupied outside area. Rule 604 (b) (5) Fired vessel, heater treater , shall be a minimum of 200 feet from residences, occupied buildings, or well defined normally occupied outsi-de area. If I can be of any further assistance I may be reached at 894-2100 . Yours truly, Stephan Pott Sr . Professional Engineer Yom, —__--_ [) 19 5,9 Weld Cu. s!alcmtg 6cmnuzm: 9€0070 *it Lliti C:'"PR �;,-_-, _ DEPARTMENT OF PLANNING SERVICES t i`' �_ T = PHONE(303)356-4000,EXT.4400 111 "- 91510th STREET WIN ti)t J 1I l i,( OREELEY,COLORADO 80631 'Pt,r .,dry „ COLOIAp 9 3 -• ..,, t•i�f ,,, CASE NUMBER Amended USR-803. 1(�) i , oven er TO WHOM IT MAY CONCERN: Enclosed is an application from Cactus Hill Ranch Company for a Site Specific Development Plan and an amended Special Review Permit for 150,000 head lamb feedlot, commercial truckwash, and five addition accessory dwellings. The parcel of land is described as Part of the NW} and Wi of the SW} of Secti-on 21 and part of the Si SWI of Section 16, all in T7N, R67W of the 6th P.N.., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of and adjacent to State Highway 257 (Weld County Road 17); approximately .75 miles south of State Highway 14. 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 November 16, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to cur 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. Ple se refer to the enclosed letter. q p /( q Signed: \/ N se r efer Agency: It5 4 -A / / /^5 " 64 let; 11,/1' ,SCP1•; c.e5 /7.— 7 ., Date: � � 7 9COO7o r ` lati ,_, , _ . , i' ii �I, \s' "'� � DEPARTMENT O� PLANNING �'ERVICES 6 �y�„ 1 �:_._ PHON�(303) '6j4000,EXT.4400 '5 - . < -4-4115 10th STREET E7 i.a �;� GREELEY.COLORADO 80631 .„..: , ..)1 f...4.• > i___ 1 /� �• \� SE NUMBER Amended USR-803 COovem eA� 9 wIi TO WHOM IT MAY CONCERN: Enclosed is an application from Cactus Hill Ranch Company for a Site Specific Development Plan and an amended Special Review Permit for 150,000 head lamb feedlot, commercial truckwash, and five addition accessory dwellings. The parcel of land is described as Part of the NW} and W} of the SW} of Section 21 and part of the Si SW} of Section 16, all in T7N, R67W 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 and adjacent to State Highway 257 (Weld County Road 17); approximately ,75 miles south of State Highway 14. 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 November 16, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, 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. 1 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. Pleas refer to the enclosed letter. Signed: Crp,tALID lit Agency: ` a.V/Kttr (:;. P'Olndvf Date: 7(- 7 - ” 910070 ttNOV ^ 19'c=,' DEPARTMENT OF PLANNING SERVICES n;EUi SCHELT I wr;F 4400 WilI � M „t„;,IBS "asi- WELLB iiJl_NI JOIN FIJNi= �1F'ET IEET Clei II 11TH AVENUE 0631 '311 1?F_LL_r`, Cu ctl v _' 1 � � � /� O • CASE NUMBER Amended USR-803 CO� Iovembei�P 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Cactus Hill Ranch Company for a Site Specific Development Plan and an amended Special Review Permit for 150,000 head lamb feedlot, commercial truckwash, and five addition accessory dwellings. The parcel of land is described as Part of the NW} and W} of the SW} of Section 21 and part of the Si SW} of Section 16, all in T7N, R67W of the 6th P.N., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east -of and adjacent to State Highway 257 (Weld County Road 17); approximately .75 miles south of State Highway 14. 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 November 16, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to out 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 refer to the enclosed letter Ii .• Signed: Agency: �I : „ . j i1L jUt(�(� Date: 0 O®7o decd Cu. ,I whit i;uwlsts:mu (\, {l 1 1 ,.. CF4:11C:1 E u1t 0 5 �I ., o;i;S,ac)„—, Ef Et_.I_F_Y i U el , i ' �' , {{{''"'''��I vs=rnnIIVIC1vl kir rLAIVIVINl7 JthSV1(itJ � log I! iJJ� S �98� i � PHONE(303)3564000,EXT.4400 f to ii it 141 C_:: _ .�Ail 915 10th STREET GREELEY,COLORADO 80631 C. Meth L'I. +t,,: . .,. . ,. � A CASE NUMBER Amended USR-8O3 CO�,�IOovemberADO L, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Cactus Hill Ranch Company for a Site Specific Development Plan and an amended Special Review Permit for 150,000 head lamb feedlot, commercial truckwash, and five addition accessory dwellings. The parcel of land is described as Part of the NW} and W} of the SW} of Section 21 and part of the Si SW} of Section 16, all in T7N, R67W 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 and adjacent to State Highway 257 (Weld County Road 17); approximately .75 miles south of State Highway 14. 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 November 16, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to out 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 efer to the enclosed letteeerJp,,,. • Signe • Agency: Cfi � ✓1Gdl i Date: //—/� (S 9 9C 00'70 Agenda Date: December 5, 1989 FILING NUMBER: Amended USR-803 NAME: Cactus Hill Ranch Company REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a maximum of 150,000 head lamb feedlot, commercial truckwash, and 5 additional accessory to farm dwelling LEGAL DESCRIPTION: Part of the NW} W} of the SW} Section 21 and the Si SW} of Section 16 all in T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of and adjacent to State Highway 257 (Weld County Road 17) ; approximately .75 miles south of State Highway 14 Comments: ci 4.109 _v;L 1 air %Iv ,e-- ��<n��7_/MFG// � / i r-- tre--- ,,t, /At, tret„,,sha___- Weld County Extension Service 900070 John Heckman Marvin Heckman 1020 Meadowbrook Fort Collins, CO 80521 George and Mildred Nelson 8373 Weld County Road 78 Fort Collins, CO 80521 K & M Company 3201 Shore Drive Fort Collins, CO 80521 City of Thornton 9500 Civic Center Thornton, CO 80229 9C 0070 tt 4itt DEPARTMENT OF PLANNING SERVICES WI I pPHONE(303)356-4000,EXT.4400 91510th STREET G REELEY,COLORADO 80631 C. COLORADO November 2, 1989 Norton, Underwood, and Lamb, Inc. c/o Mike Ketterling 1020 28th Avenue, Suite 205 Greeley, CO 80631 Subject: Amended USR-803 - Request for a Site Specific Development Plan and an amended Special Review Permit fcr a maximum of 150,000 head lamb feedlot, 5 accessory dwellings, and a commercial truckwash facility on a parcel of land described as part of the NW{ and W} of the SW} of Section 21 and part of the Si SWt of Section 16, all in T7N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Ketterling: 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 on Tuesday, December 5, 1989, 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 Windsor Planning Commission for Sts review and comments. Please call Janet Lathrop at 686-7476 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 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 November 22, 1989, you or a representative should call me to obtain a sign to be posted on the site no later than November 25, 1989. 900070 Norton, Underwood, and Lamb, Inc. November 2, 1989 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, SATi SchuettjG��, Current Planner KAS:rjg 910070 NOTICE OF PUBLICC HEARING The Conmussion will llo hold a public hearing on Tuesday, December 5, 1989, at 1:30 p.m. for,the ppurpose of considering a Site Specific Development Plan and an amemied Special Review Permit for the property described below. ate as vesteed the request may Fitment to Colorador[aw right APPLICANT: Cactus Hill Ranch Lamb Feedlot LEGAL DESCRIPTION: Part of the NWI/4 and W6 of the SWl/4 of Section 21 and part of the Si • of Section 16 all in T7N, 1167W of the 6th P.M., Weld County, Colorado TYPE AND INTENSITY OF PROPOSE1500 heaad USE: feedlot, the _addition of 5 accessory to farm trrtcl ingssh. and a commercial LOCATION: East of and adjacent to State highway 252(Weld County Road 17)' approximately .75 mile south of State Highway 14 SIZE:The public he407 annng eres,will rebe held in the Weld County Commissioner's Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted niwntmg to the Weld Services,ty Department-15 nt Street, amore Greeley, date ordppresentted at the public hearing on December SCopi.1989. es available of the inspection application e are • the publicDepartment of sPPlannit g Services, Room 342, Weld County • Centennal Center, 915 Tenth Street, Greeley: Colorado 80631 - Phone-:u0-.S0W Extension 4400. Ernie Ross, Chairman Weld County Planning Commission r,),2_29..„.c.„L .72To be published in the New News To be published i ne f l New News Novemberby Pute d 9,u 1989 a New hews ii. 9C 0070 USE BY SPECIAL REVIEW CACTUS HILL RANCH LAMB FEEDLOT EXPANSION ADDENDUM 2E. The proposed 100 foot by 60 foot shop will be utilized to house trucks, loaders , and other vehicles required in the operation of the feedlot. This building will be heated to provide easier starting of this equipment in the winter months. A heated maintenance shop currently exists to the east of the office. The possibility exists that a portion of this proposed structure may be used for equipment repair. If this use is planned prior to construction of the building then Cactus Hill Ranch will supply the structure with water and sanitary sewer service in compliance with County Health Department requirements. 2F. Cactus Hill Ranch presently has a one and one-half inch ( 1-1/2" ) tap from North Weld County Water District. This existing tap is to be replaced by a two inch ( 2" ) tap in the near future. A two inch tap will supply approximately 80 gallons per minute on a continuous basis, or 129 ac. -ft per year. The feedlot also has the following water rights: Meyer Ditch Finding: Source of supply - land drains, seepage and waste, runoff and discharge from the Ernest Nelson drainage system. Point of diversion - 674 . 5 feet East of the Northwest corner of Section 21, T.7N. ,R67W. Ditch capacity - 1 . 4 cubic feet. Cactus Hill Ranch Company Drain: Source of supply - seep water. Point of diversion - 566 feet East of the Northwest corner of Section 21, T.7N. , R.67W. Amount of water - 0. 0555 cfs (approximately 25 gpm) . Sheep in Phase 1 of the feedlot are supplied water through land drains located to the north of the feedlot. The watering system for Phase 2 and proposed Phase 3 originates from a headgate on the Water Supply and Storage Canal. This system has been in continuous operation for approximately 20 years. In the winter months when seepage flows decrease or the temperatures become extremely cold, sheep watering is augmented with the North Weld County Water District tap. Excess seep and lamb watering runoff drains to a small pond adjacent to the existing trailer wash facility. The water in this small pond is utilized for the livestock trailer wash as well as for sprinkling the alleys throughout the feedlot to keep the dust down. 9C 0070 Water consumption for sheep is highly dependent on the following factors: 1. Diet 2. Environment 3 . Free choice or watered at specific times On the average, sheep will drink approximately one gallon of water per 100 pounds of body weight per day. -Based upon the proposed expansion and operation of the feedlot ( 150 , 000 head maximum) , it has been estimated that 98 ac. -ft of water will be required for sheep consumption on a yearly basis. 2G. The breakdown of truck (tractor trailer units) traffic generated by the expansion of the feedlot to 150 ,000 head is estimated as: Lambs to feedlot - 2 per day average 12 per week average 5 per day under peak conditions Generally trucks deliver lambs to the feedlot later in the day into the evening. Lambs from the feedlot - 3 per day average 15 per week average 4 per day under peak conditions Generally trucks haul lambs from the feedlot early in the morning. Feed delivery trucks - 35 trucks per week average The maximum gross weight ( loaded) of these trucks varies between 80,000 to 85, 000 pounds depending on the truck' s point of origin. The trucks which deliver lambs and feed to the feedlot utilize the north access in the area of the scale house/office. The trucks which haul lambs from the feedlot and those which use the trailer wash use the south access. 2K. The proposed livestock trailer wash will have three ( 3 ) spaces for trailers to be washed out simultaneously if needed. Each space will be provided with it' s own water supply hose line. On the average it is anticipated that five to seven livestock trailers per day will utilize this proposed facility. At peak times during the months of September and October, as many as 20 trailers may be washed out in a day. Not all of the trucks delivering lambs to Cactus Hill Ranch will wash out their trailers following a single load. The proposed facility will also be utilized by other livestock operations . A fee will be charged to the truck operators for use of the trailer wash facility. Generally it takes between two and four hours for the operators to wash agricultural wastes from the livestock trailers . It is 9COO70 estimated that 1000 gallons of water is used on each trailer. The water to wash the trailers will be pumped out of the existing pond which is located just to the North of the runoff containment pond. Assuming that six trucks per day ( six days per week) are washed at the proposed facility, the amount of water used per month would be an estimated 0 . 44 ac.-ft. Manure collected from the trailer wash will be dried and applied to fields either owned or leased by Cactus Hill Ranch. The water used in washing out the livestock trailers will drain into the runoff containment pond. The wash water may be stored in this pond during the winter months. The remainder of the year the water will be pumped up onto land leased by Cactus Hill Ranch. 900070 12/27/89 COPY OF NOTICE MAILED -FIRST CLASS TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO P. 0. BOX 758 GREELEY, COLORADO 80632 MIKE KETTERLING NORTON, UNDERWOOD AND LAMB 1020 28TH AVENUE, #205 GREELEY, CO 80631 960070 USE BY SPECIAL REVIEW CACTUS HILL RANCH LAMB FEEDLOT EXPANSION WELD COUNTY, COLORADO Prepared For Ken Nelson Project No. 8837 April, 1989 Revised October, 1989 Prepared by Norton, Underwood and Lamb, Inc. Engineering Associates Greeley, Colorado 900070 APPLICATION REQUIREMENTS: 1. A Completed Use by Special Review Application is attached. 2A. Cactus Hill Ranch is an existing lamb feeding operation located five and one-half miles north of Windsor, nine miles east of Fort Collins, and approximately four miles northwest of Severance. Cactus Hill Ranch presently has a Special Use Permit (USR No. 803 :87 : 29 approved by the Board of County Commissioners on September 16, 1987 ) , to feed 100,000 lambs. The proposed expansion will increase the lamb feeding operation to 150, 000 head. The present feedlot operation occupies 116 . 27 acres and is owned or leased by Cactus Hill Ranch Company. The proposed expansion will be constructed on property owned by the City of Thornton ( 29. 13 acres) . The City of Thornton encourages uses which will enable the land to remain agriculturally productive. The City will provide Cactus Hill Ranch with an amendment to the existing lease or a new lease for the feedlot expansion site as well as a first option for purchase of this land. ( See attached letter from the City of Thornton. ) The lambs fed at Cactus Hill begin arriving the latter part of August and the feedlot is filled to capacity by the end of October. The lambs are all light lambs. In other words, they weigh less than 80 pounds with many weighing between 50 to 60 pounds. The lambs are fed a roughage feed ( no concentrates) consisting of whey (by-product of cheese production) , and locally grown corn and hay silage, along with dry ground alfalfa. The lambs gain one-quarter pound per head per day or about seven and one-half pounds per month while on the roughage ration. The whey, which has a low percentage of dry matter, 900070 tends to quiet the lambs which in turn reduces milling around and dust. The roughage feed is continued until each lamb reaches a weight of 100 pounds. When this weight is attained, the lambs are put on a ration of 50% roughage and 50% concentrate (grain) until ready for market. The heavier lambs are ready for the concentrate ration in about the middle of December. Lambs begin leaving the feedlot for market in early January. The feedlot is filled to capacity during November and December and is normally at its lowest number of lambs between May 15 and August 15 . 2B. The sheep which are fed at Cactus Hill Ranch come from the ranges of Colorado, Wyoming, Montana, Idaho, and the Dakotas in the fall of the year. Lambs are only available at this time of the year. Because lamb prices have been relatively good the past few years, the sheep industry has been expanding thus creating a need for additional lamb feedlot space. The Fort Collins-Greeley-Windsor area has long been recognized as an ideal location for livestock feeding due to the relatively mild winters, dry air, and abundant feed supply. The past four years the lambs at Cactus Hill have been fed for Monfort of Colorado. The Cactus Hill program of purchasing feeder lambs in the fall and feeding them a ration which produces a high lean to fat ratio carcass is beneficial to Monfort. In order to increase their market share of lamb, and with the recent opening of the Lamb Processing Plant, Monfort of Colorado needs additional lambs. They have indicated to Cactus Hill Ranch that they will be able to utilize 150, 000 head from this feedlot. 2C. The area surrounding the present feedlot is utilized almost 900070 exclusively for agriculture. The principal crops grown are corn, alfalfa, sugar beets, barley, beans, and wheat. Also, within a five mile radius, there are several existing dairies and lamb and cattle feedlots. 2D. There are nine residences within one-half mile of Cactus Hill Ranch; three to the south, two to the east, two to the north, and two to the west. The closest is located approximately 1000 feet to the west along Weld County Road 80 . The direction of the prevailing wind is from the Northwest. 2E. With the proposed feedlot expansion, Cactus Hill Ranch will employ ten full-time workers and an additional ten people on a part- time basis. Health insurance is provided for all permanent employees and their families. The feedlot operates seven days per week during the daylight hours. There occasionally will be night unloading of lambs during August, September, and October. Along with the feedlot expansion, additional employee housing will be required. It is very important for most of the full-time employees to live at the feedlot so they may be readily available seven days a week. It is also very helpful to have a home close to their work to reduce transportation expenses and in cases of extreme weather. Four additional mobile homes are proposed at the northwest corner of the existing feedlot operation as shown on the Plot Plan. These homes will be used by employees and are accessory for the effective and economic operation of the feedlot. Employees will not be charged rent for these homes, however, they will be responsible for their own utilities. Also, a security guard residence is proposed to the north- 900370 east of the existing runoff containment pond. It is anticipated that wastewater generated from these homes will be disposed of through septic/absorption field systems. Prior to obtaining a building permit for each of these mobile homes, the owner will comply with the requirements of the Weld County Department of Health Services regarding percolation test data and system design and construction. A 100 foot by 60 foot shop is proposed north of the existing silage pit. This structure will be used to house equipment utilized in the feedlot operation. The shop will not be supplied with water service. 2F. North Weld County Water District presently provides water service to Cactus Hill Ranch. There is a four inch water line paralleling Highway 257 in the east borrow ditch and an 18 inch water line along the west side of this highway. In an April 7 , 1989 letter from the manager of the Water District (attached) , additional water service can be made available to Cactus Hill Ranch for the proposed expansion, if required. 2G. The access to the site is via State Highway No. 257 . This road is a well maintained, two lane highway with paved shoulders. It has a functional classification of minor arterial. The main access point to Cactus Hill Ranch is located approximately one mile south of State Highway No. 14 on the east side of State Highway No. 257 . This access point is in the area of the scale house and office building. Approximately 2100 feet south of this point is an access gate for the southern portion of the feedlot operation. Semi-tractor trailer units hauling lambs to and from the operation will utilize these points of access. Adequate stopping 900070 sight distance is available from either direction at both of these access points. Feed trucks will not use State Highway No. 257 to deliver feed to the lambs. When the feedlot is filled to capacity, six feed trucks will deliver feed to the lambs during the daylight hours of the day. Each truck carries about three tons of feed and moves at a slow speed. Because the trucks move slowly during feeding, very little dust is stirred up in the feedlot. 2H. No new sewage facilities are proposed for the site of the feedlot expansion. All existing domestic wastewater is treated through septic/absorption field systems as will the wastewater from the accessory use mobile homes. 2I . This site is located within the Windsor/Severance Fire Protection District. No unusual fire protection measures are anticipated. 2J. The existing feedlot is approved for 100,000 sheep. After the construction of the proposed expansion, the entire operation will have a total capacity of 150,000 lambs at any one time. 2K. A manure storage area is located immediately northeast of the existing runoff containment pond. This area occupies approximately 3 . 6 acres. The manure is removed from the pens during December, January, and February of each year, and spread on land owned and leased by Cactus Hill Ranch. Excess manure is sold to nearby farmers. Due to the fact that some people prefer sheep manure for their lawns and gardens, a small amount of manure is made into compost and maintained in this area to supply the necessary demand. 900070 An existing livestock trailer wash is located just to the north of the runoff containment pond. This facility will be removed and a more efficient trailer wash is proposed to be located on the east side of the containment pond. Water presently used to wash agricul- tural wastes from the livestock trailers is from a Cactus Hill Ranch Company seepage right. A sealed-surface area for the drying of manure collected in the trailer wash will be constructed adjacent to the wash facility. Both the proposed trailer wash and a manure drying area will drain into the runoff containment pond. 2L. The feedlot is served by Waste Management of Northern Colorado. This company picks up the trash and debris produced by the operation twice each week. 2M. A six-foot tall wooden fence is proposed along the east side of the Phase I pens. Trees and low shrubs will be planted in the area of the proposed mobile homes to provide a visual break and noise buffer from State Highway No. 257 . Erosion control for the feedlot expansion area shall be provided by ditches to channel surface runoff into sedimentation ponds and then into the existing total containment pond. In addition, grass or other close growing crop will be maintained in the area between the lamb pens and in the area on which runoff from the containment pond is to be applied. 900070 2N. Upon cessation of the feedlot operation, the pens could be removed and the land returned to farming. 20. It is proposed that construction on the feedlot expansion will begin in March, 1990. Pens will be put into operation as they are completed. The feedlot will reach its capacity of 150, 000 head of lambs in 1990. The installation of mobile homes will occur as warranted by the need. 2P. The Colorado Department of Health requires all livestock confinement areas to be graded to prevent accumulation of surface water and to drain all contaminated water to adequate retention facilities. The site of the proposed expansion is located to the north and east of the existing feedlot. The area slopes generally to the southwest at an average of 3 . 0 percent. A breakdown of the land use for the existing feedlot operation is as shown below: Office and housing - 2 . 59 acres Feed storage - 1 . 41 acres Feedlot pens & alleys - 61. 45 acres Manure storage - 3 . 64 acres Sedimentation ponds - 3 . 17 acres Runoff containment pond - 7 . 16 acres Land Application Area - 9. 42 acres 88 . 84 acres The proposed land use for the expansion of the feedlot operation is as follows: Feedlot pens, and sheep alleys - 17 . 61 acres Sedimentation ponds - 0. 82 acres 18 . 43 acres The drainage area for sizing runoff containment facilities 900070 consists of livestock containment areas, alley-ways, manure holding, and storage areas or any other appurtenant areas which may be soiled by -manure excrement. In this instance, the existing feedlot contributes 68 . 26 acres and the expansion will contribute 18 . 43 acres for a total of 86. 69 acres. From the Soil Conservation Service' s "Peak Flows in Colorado" , the 25-year, 24-hour storm at this site yields a total precipitation of an estimated 3 . 55 inches . Using the Soil Conservation Service runoff Curve 91 for feedlots that have an earthen base, the correspond- ing runoff is 2 . 59 inches. The peak runoff is then determined by multiplying the drainage area by this value: Peak Runoff = 86. 69 acres x 2 . 59 inches/12 inches/ft. = 18. 71 ac. -ft. The existing runoff pond has an average width of about 250 feet and a length of 600 feet. The estimated retention capacity at a depth of six feet is 20 . 2 acre-feet. A February 20 , 1987 letter from the Colorado Department of Health (enclosed with this submittal) indicates that "the Division has no problem with feedlot runoff which is generated on one owner' s property being contained on another owner' s property" . The sedimentation ponds for the existing feedlot have a capacity of about 3 . 06 acre-feet or 20 . 1 percent of the peak runoff generated by the existing operation. The proposed sedimentation ponds will have a capacity of 0 . 79 acre-feet or 19. 9 percent of the peak runoff generated by the feedlot expansion. Runoff from the proposed pens will be routed into the sedimentation ponds via interceptor ditches. An earthen ditch just to the east of the proposed expansion area 930070 is located on a ridge. Uncontaminated surface runoff north of the proposed pens will be diverted around the feedlot by means of an interceptor ditch which will flow into an existing seepage waste ditch located immediately North of the existing Phase I pens. The open space in the proposed feedlot expansion area will be planted in grass . The soils encountered at these locations are: Soil Map Unit Hydrologic Group Infiltration Rate in. /hr. * Renohill Clay Loam C 0. 3 to 0. 4 Shingle Loam D 0 . 3 Thedalund Loam C 0. 5 *Information supplied from Soil Conservation Service, steady state infiltration rates in crop condition; these rates may decrease 0 . 1 in. /hr. if livestock are allowed to graze on the soil. The capacity of the 20 horsepower pump for the runoff containment pond is approximately 680 gallons per minute. The area of land available for distribution of retention pond runoff is 9. 4 acres ( located south of Phase II pens and east of manure storage area) . The volume of waste runoff to be evacuated from the pond within 15 days after the 25-year, 24-hour design storm is 18.71 ac. /ft. The resultant application rate is then: 18 . 71 ac. -ft./9. 4 acres = 1. 99 feet 1. 99 feet/15 days = 0. 13 feet/day At a pumping rate of 680 gpm, the pump will run an estimated 10 . 0 hours per day over the 15 day period. The associated application rate will be 0. 16 inches/hour. The waste runoff will be applied by a series of contour ditches. To prevent plugging of the surface soil ' s pores, the land will be occasionally lightly harrowed. In addition, the City of Thornton (or their successors and assigns) agrees to accept the runoff stored in the retention pond on 900070 their B0 acres, more or less, located immediately south of the Cactus Hill Ranch (W1/2 of SW1/4, Section 21, Township 7 North, Range 67 West) . 900070 SUPPORTING DOCUMENTS: A. The agricultural goal of the Weld County Comprehensive Plan is to encourage the preservation of agricultural uses and promote the development of commercial uses directly dependent upon the agricultural industry, such as feedlots. B. The Agricultural District is intended to provide areas for the conduct of agricultural and related activities as well as provide areas for the conduct of Uses by Special Review which have been determined to be more intense than Uses Allowed by Right. Livestock confinement operations are a use allowed in an agricultural district upon approval of a Use by Special Review. C. The land on which the proposed lamb feedlot expansion is to be constructed is leased from the City of Thornton. The feedlot operation will maintain this property in an agriculturally related activity. D. Adequate provisions for the protection of health, safety, and welfare of the neighborhood and county inhabitants shall be instituted to insure: 1. All new feedlot operations will be located at least 50 feet from any State highway right-of-way. 2. Manure shall be handled and disposed of in a sanitary manner. 3 . Suitable chemical and scientific controls shall be used for rodent and insect control. 4. Mechanical means for scraping, grading, and cleaning of the area shall be provided; and 5. Drainage facilities will be utilized as required by the Colorado State Health Department. E. The proposed feedlot will be compatible with the existing 900070 surrounding land uses. The areas to the north, south, east, and west of the existing lamb feedlot are farmed. F. The existing feedlot and proposed expansion are compatible with the future development of the agriculturally zoned land. The Cactus Hill Ranch site is within Weld County' s proposed Urban Growth Boundary, although it is located five and one-half miles north of Windsor. G. The special review area is not located in a floodplain, geologic hazard, or Weld County Airport overlay district. H. Water for the proposed feedlot expansion will be supplied by an existing site water supply and the North Weld County Water District. Reference is made to the attached letter from Mr. Lyle Nelson, District Manager. I. The Warranty Deed for Cactus Hill Ranch is attached to this application. In addition, legal descriptions of Parcels A & B, the property owned by the City of Thornton on which the feedlot ' s expansion is proposed, and the existing farm lease is also included. J. A noise report has not been included as a part of the supporting documents. K. The soils encountered at the site include; (based upon the Soil Conservation Service ' s "Soil Survey of Weld County, Colorado, Southern Part" , issued September, 1980) : Soil Map Unit 32 : Kim loam, 1 to 3 percent -slopes -deep, well drained soil -permeability is moderate -surface runoff is medium and the erosion hazard is low -suited to all irrigated crops commonly grown in the area -in nonirrigated areas this soil is suited to winter wheat, barley, and sorghum -good potential for urban and recreational development -generally favorable for septic tank absorption fields 200070 -capability class — lie irrigated IVe nonirrigated Soil Map Unit 47: Olney fine sandy loam, 1 to 3 percent slopes -deep, well drained soil -permeability is moderate -surface runoff is medium and erosion hazard is low -suited to all irrigated crops commonly grown in the area -in nonirrigated areas this soil is suited to winter wheat, barley and sorghum -good potential for urban and recreational development -generally favorable for septic tank absorption fields -capability class: Ile irrigated IVe nonirrigated Soil Map Unit 56: Renohill clay loam, 0 to 3 percent slopes -moderately deep, well drained soil -permeability is slow -surface runoff is medium and the erosion hazard is moderate -suited to most of the irrigated crops commonly grown in the area -well suited to irrigated pasture -flooding from contour ditches is suitable for close grown crops and pasture -in nonirrigated areas this soil is suited to winter wheat, barley and sorghum -poor potential for urban uses and only moderate potential for recreational development -severe problems in dwelling and road construction and in use of septic tank absorption fields -capability class: Ills irrigated IVe nonirrigated -steady state infiltration rate (crop condition) : 0. 3 to 0. 4 in/hr Soil Map Unit 59 : Shingle loam, 3 to 9 percent slopes -shallow, well drained soil -permeability is moderate -surface runoff is medium to rapid and the erosion hazard is moderate -poor potential for urban and recreational development -chief limiting feature is the shallow depth to shale -capability class : VIe irrigated VIe nonirrigated -steady state infiltration rate (crop condition) 0. 3 in. /hr. Soil Map Unit 64: Thedalund loam, 1 to 3 percent slopes -moderately deep, well drained soil -permeability is moderate -surface runoff is medium and the erosion hazard is low -suited to limited cropping -most irrigation methods are suitable, but the length of runs should be short to prevent over irrigation -in nonirrigated areas this soil is suited to winter wheat, barley and sorghum -the underlying shale is the most limiting feature 900070 -capability class: IVs irrigated IVe nonirrigated -steady state infiltraion rate (crop condition) : 0. 5 in. /hr. Soil Map Unit 65: Thedalund loam, 3 to 9 percent slopes —moderately deep, well drained soil —permeability is moderate -surface runoff is medium to rapid, and the erosion hazard is moderate -suited to limited cropping -most irrigation methods are suitable, contour furrows or sprinklers should be used for new crops -the soil is most suited to alfalfa or irrigated pasture -environmental plantings are generally not suited to this soil and would be difficult to establish -the underlying shale is the most limiting feature -capability class : IVe irrigated VIe nonirrigated The proposed feedlot expansion will be constructed on soils 56, 59, 64 , and 65. The nonirrigated capability classes indicate these types of soil to have severe limitations that reduce the choice of plants or make them unsuitable for cultivation. The main limitation is the risk of erosion unless close-growing plant cover is maintained. Where livestock are allowed to graze the soil infiltration rates will decrease by approximately 0. 1 in. /hr. L. A certified list of the names, addresses, and the corresponding parcel identification number of the property owners within 500 feet of the subject property has been included as part of this application submittal. M. The names and addresses of the owners of minerals on or under the parcel of land proposed for the feedlot expansion have been made a part of this application submittal. 00070 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado fD631 Phone — 356-4000 — Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE 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: qN{W141&/4Wof2 21 LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:S1/ oVSW1/4Section 16 T 7 N, R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: W1/2 -SW1/4 Section 21 - 16 T 7 N, R 67 W Property Address (if available) 38990 Highway 257 PRESENT ZONE A-Agriculture OVERLAY ZONES Not Applicable TOTAL ACREAGE 145.4U/ acres PROPOSED LAND USE Lamb feedlot - 150,000 head EXISTING LAND USE Existing 100,000 head lamb feedlot and farming SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — —Name: Cactus Hill Ranch Company ,Address: 38990 Highway 257 City Fort Collins CO Zip 80521 Home Telephone # 686-2413 Business Telephone 686-2215 Name: City of Thornton Address: 9500 Civic Center Drive City Thornton, CO Zip 80229 Home Telephone # Business Telephone # 538-7230 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City Zip Home Telephone # Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: See Attached List 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 sre true and correct to the bes my kno dge. COUNTY OF WELD ) STATE OF COLORADO ) ange hern a er r je^ ; Cy rn Signs ure: Owner or Authorized Agent Subscribed and sworn to before me this .gip day of (;r,,, 0 1912. }11.444, n /fi7 o,/in) NNNNOTARY P IC My commission expires �� /�, 200070 F�� ^'.-Y THORNTON City �f `• 'R'�; MANAGEMENT OFFICE Ile I5T5T. P.O. B0X0 Thornton �.�.I. GJ6LRR0080610 3500 CFY4' Center Cr Tnorn•c.• Coic•ado 80229 (303' 452 1001 April 6, 1989 Ken Nelson Cactus Hill Ranch Co. 38990 Highway 257 Tt. Collins, CO 80524 RE: Construction of additional sheep pens on the Cactus Hill Ranch Company located at 38990 Highway 257. Dear Ken, Tfie City of Thornton will have to either amend the existing agreement that allowed for the construction of additional sheep pens on a 57 acre parcel of land within the Cactus Hill Ranch property or draft a new one for the proposed construction of additional sheep pens. In either circumstance staff will recommend that the Utilities Board approve the construction of additional sheep pens. Yours uly, A Jay Bailey Northern Project Manager CC: file 0(03 .10 r • nT 4 n qv ] BOARDOFDMECTORS •ortw -tea RNEST TIOOEg "M=°3- NORTH WELD COUNTY WATER DISTRICT ALEX HEIDENREICH ROBERT ALKIRE f�VM • GARY LKI N " HIGHWAY 85 _LUCERNE,COLORADO 80808 W.M.MCKAY ,•I,1 _4 _LYLE NELSON,MGR. P.O.BOX 58 • PHONE 358.3020 April 7, 1989 RE: Water Service - Ken Nelson, Cactus Hill Ranch Dear Sirs , This letter is in response to your inquiry regarding water service to the following described property: 38990 Hwy 257 1 . X Water service is presently being g provided to the above described property. X 2 . Water service can be made available to the above described property provided all requirements of the District are satisfied . If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void . Additional comments: Sincerely , NORTH WELD COUNTY WATER DISTRICT L e D. Nelson , Manager LDN/wb 900070 G1 i • '� L. .) jw. l 2717 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH oT.c 4210 East 11th Avenue \°g Denver, Colorado 80220 Phone (3031 320-8333 •.,-!(;3 c February 20, 1987 Roy Romer Governor Thomas M.Vernon, M.D. Executive-Director Mike Ketterling Norton, Underwood and Lamb, Inc. 1020 28th Avenue, #205 Greeley, Colo. 80631 RE: Cactus Hill Ranch Weld County Dear Mr. Ketterling: We are in receipt of your 2/12/87 letter regarding the Cactus Hill -Ranch_feedlot expansion. As we discussed by phone, the Division has no problem with feedlot runoff which is generated on one owner's property being contained on another owner's property. Please note that if a discharge occurred from the containment pond during a smaller storm than the 25-year, 24-hour precipitation event, and the discharge was caused by runoff from the other property, Cactus Hill Ranch would have assumed responsibility for it. If you have any further questions, please give me a call at 331-4596. Sincerely, QQ Kathryn Engineering Technician Permits and Enforcement Section WATER QUALITY CONTROL DIVISION • KD/njf xc: Local Health Department Victor Sainz, D.E. , Field Support Section, WQCD 90O07O B 1143 REC 733 At?2765733 F 141b MARY�ANN S 01/22/87 00 1/00 7 FEU£RSTEINCLERKb61RECORDE1t.WELD CO, CO WARRANTY DEED • THIS DEED, made this ?// day of /(/r ., ,,, tc. 1986, between e City of Thornton, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Grantor; whose legal address is 9500 Civic Center Drive, Thornton, CO 80229 and Cactus Hill Ranch Company, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Grantee, 38990 Highway 257, Fort Collins, _co ITNESSETH, That the antor, for d in raton of te sum of ONE MILION EIGHTiHUNDRED THOUSAND DOLLARS ($1,�800,,000.00),etheireceipthand sufficiency ofLwhich is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all of the real property, together with improvements, if any, situate, lying and being in the County of • sr121 and State of Colorado, described as follows: See Exhibit A attached hereto and incorporated by reference herein, TOGETHER with all water and water rights, ditches, ditch rights, laterals and lateral rights, wells and well rights, sumps, return water systems, decrees, lakes, and reservoir rights historically used upon the property including but not limited to 9-1/2 shares in the Water Supply and Storage Company and 140 units of Northern Colorado Water Conservancy District and further including all of grantors right, title and interest in and to any and all easements, and rights-of-way appurtenant to or inuring to the benefit of the herein described property, RESERVING unto grantor an Estate for the Life of Anna M. Nelson for so long as the said Anna M. Nelson shall wish to reside thereon, in and upon the real property described on Exhibit "B" attached to this deed and incorporated by reference herein. Grantee covenants and agrees that waste water from sheep corrals and truck wash out pit owned by Grantor may be pumped or drained onto 80 acres more or less, located in the W1/2 and SW1/4, Section 21, Township 7, Ranch 67 West of the 6th P.M., Weld County, Colorado, included within the description appearing on Exhibit "A" attached hereto. This agreement by grantee constitutes a covenant which shall run with the lands described in Exhibit "A" and shall be -binding upon the successors and assigns of the parties hereto. Grantor warrants title to the existing fence lines or legal description, whichever is less. • also known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise pertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT those of record and the lien of real property taxes for the year 1986 and subject to reservations of record. Subject to easements apparent to visual inspection. Grantor WARRANTS that any water rights herein conveyed have not been abandoned. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. ATTEST: •-r y THE CITY OF THORNTON, a municipal corporation r.'2 )2tz& BY:'cl�gtUci w . Qt≥u4 r i_JLJ 0. City Clerk ` ;i Y�v 900070 B 1143 REC 02085733 -01/22/87 1_6: 19 $21 . 00 2/007 F 1417 MARY ANN FEUERSTEIN _CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) ) ss County of Lorimer l/,1d"! • 1986, by I; foregoing instrument was acknowledged before me this// day of /��,; ;.,•� , .; ,i : . _ J . �.i../1's' � , as Mayor and �Y/ • City Clerk of the City of Thornton, a municipal corporation. ' •Y( " ''•" `�` r , as /,�,, My commission expires t..././el. • WITNESS my hand and official seal. /public r7'i 1, Notary /.. -1 . r r^ • 900070 1 . 3 1143 SEC 02085733 -01/22/87 16: 19 521. 00 3/007 F 1418 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 8021420 C-4 • Sheet 2 of 11 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: 'TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6TH P.M. Section 16 : That part of the SW4 lying south of the Larimer County Canal . -Section 17 : SE4, and that part of the SW4NE4 lying south and west of the right of way of the ditch of The Water Supply and Storage Company as described in Quit Claim Deed recorded in -Book 250 , Page 349 , as follows : A strip of land 100 feet wide , 50 feet on each side of a center line described as commencing at a point 74 feet east of the north quarter corner of said Section 17 ; thence by true bearings , variation 14° 30 ' East, South 18° 15 ' East 180 feet; South 37° 55 ' East 400 feet; South 34 ° 10 ' East 100 feet ; South 30° 30 ' East 100 feet; South 32° East 100 feet; South 13° 10 ' East 300 feet; South 16° 10 ' East 100 feet ; South 20° 50 ' East 100 feet ; South 25° 50 ' East 100 feet ; South 28° East 300 feet ; South 32° 30 ' East 100 feet ; South 40° 12 ' East 300 feet; South 43° 55 ' East 600 feet ; South 40° 3 ' East 100 feet ; South 38° East to the intersection with the east and west center line of said Section 17 ; EXCEPT a strip of land 50 feet in width conveyed to The Fort Collins Development Railway Company by Warranty Deed recorded in Book 269 , Page 257 ; and EXCEPT those portions of the SE4 of said Section 17 conveyed to The Department of Highways, State of Colorado by Special Warranty Deed recorded in Book 576 as Reception No. 1497622 , described as follows : Beginning at a point on a property line from which the northeast corner of the SE4 of said Section 17 bears North 7° 36 ' East a distance of 471 . 7 feet; thence North 1° 20 ' East 291. 4 feet; thence North 4° 13 ' 30" East 152 feet to the inter- section *of the west right of way line of S. H. 257 900070 Term Ns c.,,t., . . .CONTINUED 1143 REC D2085733 01/22/87 16:19 $21. 0D 4/0-07 F 1419 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO 8021420 C-4 Sheet 3 of 11 SCHEDULE A—Continued LEGAL DESCRIPTION CONTINUED. . . (August 1966 ) with the south right of way line of the Colorado & Southern Railroad (August 1966 ) ; thence along the south right of way line of the Colorado and Southern Railroad (August 1966 ) South 89° 40 ' 45" East 44 . 2 feet to the east line of said Section 17 ; thence along the east line of said Section 17 , South 0° 22 ' 45" West 464 . 5 feet to a property line; thence along a property line North 69° 42 ' 15" West 63 feet, more or less, to the point of beginning; and -Beginning at a point on the south line of the SEk of said Section 17 from which the southeast corner of the SEk of Section 17 bears North 89° 49 ' 45" East a dis- tance of 113 . 5 feet; thence North 0° 02 ' 30" East 30 feet to the north right of way line of the county road (August 1966) ; thence North 45° 06 ' 30" East 70 . 6 feet ; thence North 0° 02 ' 30" East 1341 . 3 feet ; thence North 1° 20 ' East 654 . 9 feet to a property line ; thence along a property line South 69° 42 ' 15" East 64 . 9 feet to the east line of the SEk of Section 17; thence along the east line of the SEA of Section 17 South 0° 22 ' 45" West 2053. 8 feet to the southeast corner of the SEk of said Section 17 ; thence along the south line of the SEk of Section 17, North 89° 49 ' 45" West 113 . 5 feet, more or less, to the point of beginning. Section 20 : WkNEk, EXCEPT that portion thereof described as follows : Beginning at the southeast corner of said WkNEk; thence running West 175 . 5 feet ; thence along center line of a certain lateral ditch North 16° 55 ' East 136 feet ; thence North 25° 05 ' East 215 feet ; thence North 11° 30 ' East 212 . 5 feet to the east line of said tract; thence South on the east line of said WkNEk 535 feet to the place of beginning; ALSO _EXCEPTING 9. 1 acres , more or less, in the southwest corner of said WkNEk used for reservoir purposes , as shown by Map and Statement thereof and as described in Book 97, Page 14 . 900070 . . .CONTINUED t.s W.c404A vary. 2 ..a 4 B 1143 REC 02085 , 33 01/22/87 16: 19 $21 . v0 5/007 F 1420 MARY ANN FEUERSTEIN CLERK I RECORDER WELD CO, CO 8021420 C-4 Sheet 4 of 11 SCHEDULE A—Continued LEGAL DESCRIPTION CONTINUED. . . ALSO, that part of the NE; of the NE►t of said Section 20 described as follows : Beginning at the northwest corner of said NEkNE;; thence running South 645 feet ; thence East 166 feet to center line of a main lateral ditch; thence in a northwesterly direction along the center line of said ditch to the north line of said NEhNE1/4; thence West 107 feet to the place of beginning. TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6TH P.M. Section 21 : NWk, EXCEPT that portion thereof lying and being in the James Lake Reservoir as conveyed to Thomas H. Hale by Quit Claim Deed recorded in Book 479 , Page 138 . WYSW&, EXCEPT that portion thereof conveyed to The Department of Highways, State of Colorado by Special Warranty Deed recorded in Book 576 as Reception No. 1497725, described as follows : Beginning at a point on the south line of the SWk of said Section 21 from which the southwest corner of the SW1 of Section 21 bears North 89° 29 ' 45" West a distance of 91 . 2 feet; thence North 10 36 ' West 30 feet to the north right of way line of the county road (August 1966 ) ; thence North 47° 13 ' 30" West 74 . 3 feet to the east right of way line of S. H. 257 (August 1966) ; thence North 89° 43 ' 30" West 35. 4 feet to the west line of the SW1 of Section 21 ; thence along the west line of the SW4 of Sec- tion 21 , South 0° 19 ' 15" West 79 . 9 feet to the southwest corner of the SW1 of Section 21 ; thence along the south line of the SWh of Section 21 , South 89° 29 ' 45" East 91 . 2 feet, more or less , to the point of beginning; and EXCEPT parcel of land conveyed to F. E. Nealy and Jo Ann Nealy by Warranty Deed recorded in Book 726 as Reception No. 1648377, described as follows : Considering the south line of the SW4 of said Section 21 as bearing North 89° 29 ' 45" West and with all bearings contained herein relative thereto; 900070 ►on%N..C•iiLIA Page 3 of 4 EXHIBIT "A" CONTINUED B 1143 REC 02085733 01/22/87 16: 19 521 . 00 6/007 F 1421 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 8021420 C-4 Sheet 5 of 11 SCHEDULE A—Continued LEGAL DESCRIPTION CONTINUED. . . beginning at a point on the northerly right of way of the county road at a point on the easterly line of Colorado State Highway No. 257 which bears • South 89° 29 ' 45" East 101. 07 feet and again North 01° 36 ' West 30 feet from the southwest cor- ner of said Section 21 ; thence along said easterly right of way -North 47° 13 ' 30" West 74 . 3 feet and again North 00° 16 ' 30" East 267. 1 feet; thence South 87° 25 ' 45" East 173. 2 feet ; thence South 00° 22 ' 15" East 310. 86 feet to the northerly right of way line of the county road; thence along said northerly right of way line North 89° 29 ' 45" West 121 . 79 feet to the point, of beginning. EXCEPTING from said Sections 16 and 21, a Parcel of land being more particularly described as follows: That portion of Section 16 and Section 21, both being in Township 7 North, Range 67 West of the 6th P.M. , being more particularly de- scribed as follows : • Considering the West line of Northwest Quarter of said Section 21 as bearing North 00°47 ' 34 " West and with all bearings contained herein relative thereto; BEGINNING at the Northwest Corner of said Section 21; thence North 89°10' 26" East 40. 00 feet to the Easterly Right of Way of Colorado Highway #257 and the TRUE POINT OF BEGINNING; thence along said Right of Way North 00°20 ' 50" East 297 . 88 feet; thence North 90°00 ' 00" East 726. 09 feet; thence South 24°06 ' 47" East 678. 87 feet; thence South 01°47 ' 51" West 470. 07 feet; thence South 12°49 ' 17" West 405. 14 feet; thence South 41°31' 58" West 338. 01 feet; thence South 14°59 '01" West 77. 73 feet; thence South 00°34 ' 57" East 859. 84 feet; thence South 10°43 ' 12" West 728. 41 feet; thence South 88°39 ' 00" West 494 . 97 feet to the Easterly Right of Way of said Colorado Highway #257; thence along said Right of Way North 00°12 ' 54 " East 461. 92 feet and again North 00°47 ' 34" West 2640. 23 feet to the TRUE POINT OF BEGINNING. S0®O7O Page 4 of 4 DCHIBIT „A„ F••.H..ainaA B 1143 REC 02085733 D1/22/87 15: 19 $21.00 1/007 F 1422 MARY ANN FEUERSTEIN CLERK -0 RECORDER WELD CO, CO Ten acres enclosed In a square with the centerpoint of the west line of the square to be 1320 feet North of the SW corner of Section 16, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado. • EXHIBIT "B" 500070 • • • • FARM LEASE THIS 1-EASE AGREEMENT made and entered into this thirty first day of October ty and between the City of Thornton acting by and through its Utilities Board ("Thornton"), and Cactus Hill Ranch Company 38990 Highway 257, Fort .Collins, CO 80524 ("Tenant"). WHEREAS, Thornton is presently the owner of the property described in Exhibit "A" attached hereto and incorporated herein by reference, hereinafter referred to as "the property" or "demised premises", and WHEREAS, the property described in Exhibit "A" consists of 600 acres and includes certain water rights appurtenant thereto, and WHEREAS, said property further includes certain improvements more particularly described herein, NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: 1. Demised Premises. Thornton hereby leases to Tenant and Tenant leases horn Thornton the following described property: • (a) The real property described on Exhibit "A" together with the following described water rights: 9} shares WS&S total $5,225.00 together with the following- described improvements to the aforesaid real property:--1--se.t— located at 39288 Highway 257, Fort Collins, . (b) The following improvements are specifically excluded from this lease: None • 2. Term. This lease shall commence on the 1st day of January 1987 , and terminate on the 31st day of December , 19 87. subject to the renewal options herein set forth. 3. Renewal Option - Rental Adjustment. On or before September 15th of -each year during the term hereof, Thornton shall notify Tenant of the rental which shall apply for the next succeeding year. Tenant shall thereafter have the right to re-new this lease for additional successive terms of one year each upon the conditions herein set forth, subject to such adjustment in rental, upon Tenant providing written notice of intent to re-new to the City of Thornton to the address herein specified on or before October 1, 1987, for the first year of the term hereof entered on or before October 1 of any succeeding renewal term. Tenant shall be entitled to renew this lease upon terms and conditions set forth herein, including rental adjustment as determined by Thornton, for a period of three consecutive renewal terms, terminating on December 31, 1990 . - 1 - 900070 • • • 4. Rental. The property shall be rented upon the basis of the utility of said property for agricultural purposes: $24,750.00 $ 45.00 per acre, 550 acres tillable irrigated $ per acre, --- acres tillable, dry $ per acre, --- acres pasture $ per acre, 50 acres waste S per acre, --- acres pumped irrigated 5,225.00 Total cost for 9} shares of Water Supply and Storage. This lease will be paid in full on January 1, 1987, for this we TOTAL ANNUAL RENTAL have allowed a 5% discount of $1,498. 75 4 28,476.25 (a) Annual rental shall be due in advance on January 1, 19 87 and upon the first day of each January during the term hereof. In lieu of full cash payment for rental hereunder, Thornton shall accept N/ A % of the rent due on January 1, accompanied by a letter of credit from a banking institution approved by the City of Thornton, for the full balance of the rent due, said letter of credit to be drawn upon on or before the N/A day of N/A , 19 N/A. . (b) In the event any rental payment is not paid when due hereunder, such rental shall bear interest at the rate of 18% per annum. 5. Taxes. Thornton shall pay all legally imposed property taxes (if any) upon the property for the term hereof. Tenant shall be responsible for payment of all taxes upon personal property. 6. Water Assessments,Thorntopshall pay any and all assessments upon water rights herein demised for the term hereof. Thornton shall notify Tenant of the annual assessments on all water stock or CBT units and payment shall be made by Tenant to Thornton with 10 days of said notification. Failure to render payments within said period shall be considered a default on payment of rental hereunder. Water Supply and Storage Company will be paid with annual rental terms, and all other assessments, including the laterals * 7. Except as otherwise specifically provided herein, Tenant shall be responsible for all expenses connected with the property and improvements including but not limited to labor, seed, fertilizer, utility charges, pumping charges, power, pesticide or harvesting fees, and water charges. 8. Tenant covenants and agrees as follows: a. To plow, prepare seed bed, cultivate and farm the property in a good (armlike manner. b. Not to assign this Lease or sublet the property or improvements or any part thereof, without prior written consent of Thornton. c. To allow Thornton for itself, its agents, representatives or assigns, fi attached hereto, will be paid by tenant per this paragraph. employees and all persons claiming by, through or under Thornton to have the right of -entry, at all times for any purpose. d. To install any improvements only with the written approval of Thornton. -e. Tenant shall indemnify Thornton against all claims or liabilities resulting from Tenant's farming operations on the property. f. Weeds. All weeds in the highways, roadways, and along lateral ditches, fences and fields shall be destroyed by Tenant before the same shall form seed. Tenant shall exercise such methods and practices as may be reasonably necessary to control and eradicate noxious weeds growing or accumulating on the property and to exercise such practices as are required, consistent with good farming methods in order to -keep all crops free and clear of weeds. g. Tenant shall, at his own cost, keep in good condition and repair all fencing, buildings, corrals, pumps, wells, well fixtures and other related irrigation equipment, lawns, trees, shrubbery, hay and hay yards, laterals and ditches as well as all improvements. Tenant agrees to care for and protect all appliances, electrical and mechanical, owned by Thornton and located on said premises. h. Tenant shall clean out and maintain all lateral ditches leading from the main canal to and upon the premises and all sublaterals, joined with others jointly using the same to the full extent of his proportionate share of such work. Tenant shall construct all distributing ditches. Tenant shall not hold Thornton responsible for any shortage or an excess of water for irrigation purposes. Tenant shall cultivate all land • leased and in preparation of the ground for crops shall plow and level down all distributing ditches and make new ones in lieu thereof (except the laterals used by others by reserve for their use and which shall not be interfered with). i. Tail Ponds. Tenant, at Tenant's expense, shall remove all sediment piles accumulated from prior cleaning of tail ponds on the demised premises and shall be responsible for cleaning each such tail pond at least one time per year for the term hereof. j. Painting. Tenant shall bear responsibility for painting of all buildings and improvements so as to maintain the same in good condition at all times and in any event, all improvements and buildings shall be maintained in as good a condition as they existed at the time of execution of this lease. Paint for said purposes shall be furnished by Thornton at its expense. k. Tenant shall preserve and protect all flumes, siphons, checks, dividing boxes and underground tile or drainage systems, if any, on said premises and from time to time and as often as conditions may require to clean out same in order that water may flow uninterruptedly. I. Tenant's obligations set forth under sub paragraphs G & K .chall be limited as follows: Thornton shall pay all major capital improvement costs. Thornton, or its agents, will approve improvements prior to such expenditure's. - 3 - 9400'70 • • • 9. Thornton hereby reserves all coal, oil, gas, mineral and mineral rights in, on or underneath the surface of said property or any apart thereof in and to his Lessees of all or any part thereof, their heirs successors, or assigns, the right to enter in and upon the surface of the said property ad have and use and enjoy so much of said property as shall be required to prospect for, develop and produce from the property or any part thereof as well as to have so much of said property as shall be required for buildings, tanks, pipes, lines, fixtures and equipment in connection therewith and desire to be placed thereon. All of the foregoing shall be done as a reserve right and without apposition or hindrance from said Tenant as fully and completely as if this Lease has not been made. At the time of such possession, if the land has been prepared for crops, or if a growing crop be thereon, then the Tenant shall be paid for his work in preparation and also for any growing crop thereon to the extent of his share and interest in the same, which payment shall be upon a basis consistent with the conditions at tie such possession is acquired; if the land has not been so prepared for a crop, then it shall be subject to occupancy as reserved land under the direction of Thornton for its use and occupancy and, in that event, the Tenant shall make no claim for land prepared or in crop other than a refund of the prorated -amount of the cash rent paid under this Lease for each acre taken. 10. Thornton shall be entitled to and shall have a valid claim against Tenant as additional rent to recover for all money advanced from employment of labor or otherwise advanced to protect himself against any loss occasioned by reason of any failure by Tenant to fulfill and perform any or all of the conditions and agreements and things herein agreed to be done and performed and claims for damages against Tenant for loss occasioned by neglect and failure to perform all things herein agreed to be done and performed including, but not limited to, the right of Thornton to cut weeds and otherwise perform Tenant's obligations under Paragraph 10 above. Thornton shall have a lien on the share of crops of Tenant and other property of Tenant for the rent, additional rent and/or damages due Landlord under this Lease. Thornton shall subordinate any lien pursuant to this paragraph as reasonably necessary to allow Tenant to secure bank financing necessary to conduct farming operations hereunder. 11. Non-Waiver. Failure of Thornton to insist in any one instance or more in the performance of any of the terms, conditions, or covenants of this Lease or on the exercise of any privileges herein contained and shall not be construed as thereafter waiving any such or any other covenants, conditions, or rights or privileges, but the same shall continue and remain in full force and effect. 12. Use of Premises. The demised premises shall be used solely for the purpose of conducting farming operations and residential use associated therewith. Tenant agrees not to use or permit the property to be used for any unlawful or illegal business or purpose and to do no act whereby any insurance or buildings, equipment or feed supplies may be invalidated and not to remove or damage any buildings, fences, trees, shrubbery, equipment or other improvements without the express consent of Thornton. 13. Alterations. Tenant shall make no alterations or additions to the property structural or otherwise, without first securing the written consent of Thornton. • - 4 900070 • 14. Insurance. Thornton shall maintain, fire and extended coverage insurance for all buildings -and improvements upon the demised premises. Tenant shall maintain liability insurance to cover all farming operations conducted pursuant to this Lease and shall be responsible for insuring all personal property of Tenant located upon the demised premises. 15. This Lease shall not be construed to be extended beyond its date of " expiration by anything done by either of the parties hereto unless such extension be made in writing hereon attached and made a part hereof and signed by the parties entitled to sign such additional part. Any claim by Tenant that he had a verbal understanding and by reason thereof fall plowed, prepared ground for fall planting, and did plant or seed or any other thing to be done by him shall be construed to be done at his own risk and shall be held to be forfeited and no claim shall be valid or established by reason thereof unless the same be done in writing or under authority of a new Lease for ensuing year. Any claim for such shall never otherwise be made or established and this section shall be held to be sufficient notice and a material part of the Lease. 16. At the expiration of this Lease, Tenant agrees to leave the property and improvements in as good order and condition as when he took possession of the same, ordinary wear, uncontrollable loss by fire or inevitable accidents excepted. In case Thornton shall, at any time, declare this Lease ended by reason of default in any of the covenants or agreements herein, then the Tenant agrees to surrender all the property and improvements to Landlord, his successors and assigns to be repossessed by him or them as in its first or former estate. If Tenant shall fail to surrender said property and improvements peacefully immediately upon expiration of this Lease or if he shall remain in possession of the same ten days after written notice of default or after termination of this Lease, he shall be deemed guilty of a forcible detainer of the property and shall be subject to damage sustained and eviction, removal, forcible or otherwise, with or without process of law. In such event, its attorneys or authorized agents may re-enter and repossess the demised premises. 17. In the event of a dispute between Thornton and Tenant which results in litigation, the prevailing party in litigation shall be awarded his costs and reasonable attorney's fees. 18. For purposes of this Farm Lease all notices and payments shall be sent to Thornton at City of Thornton, c/o Thornton Farm Management, P.O. Box 128 Ault, CO 80610 and notices to Tenant at 38990 Highway 257, Fort Collins, CO 80524 unless otherwise designated in writing. 19. When signed, this Agreement shall be binding upon the heirs, representatives and assigns of the parties. 20. Assignments - Subletting. Neither this lease or any of Tenants rights or obligations hereunder shall be assigned nor shall the demised premises be sublet, without the prior written consent of the City of Thornton, which consent shall not be unreasonably withheld. - 5 - 9U3070 21. Oral Modification. This lease may not be changed orally but only by agreement in writing signed by the party against whom enforcement of any change hereto is thought. 22. Mechanics Liens. Within ten days after any notice from Thornton, Tenant shall discharge any mechanics lien for materials or labor claimed to have been furnished to the premises for Tenant's benefit. In the event that Thornton must discharge any such • lien, the amount paid by Thornton shall become additional rental hereunder. 23. Upon the commencement of the term hereof, this lease and agreement shall supercede any and all prior agreements between the parties hereto relative to leasing of the herein described property. 24. Wherever reference is this Lease is made to Thornton, said reference shall include the duly appointed or designated property management agent for the City of 'Thornton. TENANT: BY '' iL l//1 -Lent CITY OF THORNTON: BY((,t�vw.J a, des ATTEST: • *,,3•0 (ACKNOWLEDGMENT ON FOLLOWING PAGE) • - 6 - 9 .0070 • ACKNOWLEDGMENT STATE OF COLORADO ss COUNTY OF Weld //// The above•and forego'ng signal re of a, 4). 1/44-frt..)1/44-frt..) was subscribed and sworn to before me this J aday of ) 1986. Witness my hand and official seal. MyCommissionErarSeof. i1. 1990 My commission expires on : Mary 1.. Eaton Notary Public Address: 203 First Street Ault, CO 80610 Phone: 834-2785 (SEAL) • ACKNOWLEDGMENT STATE OF COLORADO �' ) ss COUNTY OF &id . The above and fore ping signature of � / �f�l (!, y'�%�,d.i ,was subscribed and sworn to before me this .O day of /j,pe, i , 1986. Witness my hand and official seal. My commission expires on : V-.," ( , /= '•f ,, c\ C6 -Notary ublic _ / % Address: . .(' �� (2,;,:C, (//' , • c ,/fi. � . 7, /7l• ' ' ' z" ((I. ,y7 6 Phone: c 47:37- 71-:;/.-() / (SEAT.) - 9‘..0070 CACTUS HILL RANCH USE BY SPECIAL REVIEW LEGAL DESCRIPTION -A parcel of land located in Sections 16 and 21, Township 7 North, Range -67 West, of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Considering the West line of the Northwest Quarter (NW1/4) of said Section 21 as bearing North 00° 47 ' 34" West and with all bearings contained herein relative thereto; Commencing at the Northwest Corner of said Section 21; thence North 89° 10 ' 26" East 40. 00 feet to the Easterly right-of-way of Colorado Highway No. 257 and the TRUE POINT OF BEGINNING; Thence along said right-of-way North 00° 20 ' 50" East 497. 88 feet; Thence North 90° 00 ' 00" East 530. 00 feet; Thence South 00° 20 ' 50" West 199. 99 feet; Thence North 90° 00 ' 00" Bast 1416. 39 feet; -Thence South 00° 08 ' 57" East 325. 24 feet; -Thence South 13° 38 ' 24" East 227. 10 feet; -'hence South 03° 22 ' 49" East 547. 92 feet; Thence South 05° 50 ' 04" East 370. 29 feet; Thence South 09° 07 ' 29" West 496. 86 feet; Thence South 23° 36 ' 02" West 296. 22 feet; Thence South 15° 30 ' 40" West 346. 80 feet; Thence South 41° 20 ' 29" West 292. 82 feet; Thence South 26° 45 ' 11" West 177.46 feet; Thence North 89° 53 ' 22" West 220. 35 feet; Thence South 00° 08 ' 17" East 521. 75 feet; Thence North 84° 49 ' 00" West 763 . 51 feet; Thence South 88° 39 ' 00" West 494 . 97 feet to the Easterly right-of-way of said Colorado Highway 257; Thence along said right-of-way North 00° 12 ' 54" East 461. 92 feet and again North 00° 47 ' 34" West 2640. 23 feet to the TRUE POINT OF BEGINNING. _ Said parcel of land contains 145. 407 acres, more or less. 900070 CACTUS HILL RANCH - PHASE III EXPANSION LEGAL DESCRIPTION PARCEL A A tract of land located in the South Half (S 1/2 ) of the Southwest Quarter (SW 1/4) of Section 16 , Township 7 North, Range 67 West, and in the North Half (N 1/2) of the Northwest Quarter (NW 1/4 ) of Section 21, Township 7 North, Range 67 West, of the 6th Principal Meridian of Weld County, Colorado, being more particularly described as follows: Considering the West line of the Northwest Quarter (NW 1/4) of said 'Section 21 as bearing North 00°47 ' 34" West and with all bearings contained herein relative thereto; Beginning at the Northwest Corner of said Section 21; thence North 89°10 ' 26" East 40.00 feet to the Easterly Right-of-way of Colorado Highway No. 257; Thence North 00°20 ' 50" East, a distance of 297. 88 feet; Thence North 90°00 ' 00" East, a distance of 726 . 09 feet to the TRUE POINT OF BEGINNING: Thence North 90°00 ' 00" East 1220. 30 feet; Thence South 00°08 ' 57" East 325. 24 feet; Thence South 13°38 ' 24" East 227 . 10 feet; Thence South 03°22 ' 49" East 547 . 92 feet; Thence North 89°48' 43" West 1044. 41 feet; Thence North 01°47' 51" East 470. 07 feet; Thence North 24°06 ' 47" West 678. 87 feet to the TRUE POINT OF BEGINNING. Said tract of land contains 26. 699 acres, more or less. PARCEL B Also Commencing at the Southwest Corner of said Section 16 considering the West line of the Southwest Quarter ( SW 1/4 ) of Section 16 Township 7 North, Range 67 West, to bear North 00°20 ' 50" East and with all bearings contained herein relative thereto; -'hence North 00°20 ' 50" East, a distance of 297 . 88 feet; thence South 89°10 ' 26" East, a distance of 40. 00 feet to the Easterly right of way of Colorado Highway No. 257 , which is the TRUE POINT OF BEGINNING. Thence North 00°20 ' 50" East 200. 00 feet; W hence South 90°00' 00" East 530. 00 feet; W hence South 00°20 ' 50" West 199. 99 feet; -'hence North 90°00' 00" West 530. 00 feet to the TRUE POINT OF BEGINNING. Said tract of land contains 2. 433 acres, more or less. 900070 CACTUS HILL RANCH COMPANY PROPERTY LEGAL DESCRIPTION A parcel of land situate in Sections 16 and 21 , Township 7 North , Range 67 West , of the 6th Principal Meridian , Weld County , Colorado , being more particularly described As follows : Considering the west line of Northwest Quarter of said Section 21 as bearing North 00 47 ' 34" West and with all bearings contained herein relative thereto ; Commencing at tge Northwest Corner of said Section 21 ; Th-ence North 89 10 ' 26" East 40 . 00 feet to the Easterly right of way of Colorado Highway No . 257 and the TRUE POINT OF BEGINNING; Thence along saad right of way North 00° 20 ' 50" East 297 . 88 feet ; Thence North 90 00 ' 00" East 726 . 09 feet ; Thence South 24° 06 ' 47" East 678 . 87 feet ; Thence South O1 ° 47 ' 51 " West 470 . 07 feet ; Thence South 12° 49 ' 17" West 405 . 14 feet ; Thence South 41 ° 31 ' 58" West 338 . 01 feet ; Thence South 14° 59 ' 01 " West 77 . 73 feet ; Thence South 00° 34 ' 57" East 859 . 84 feet ; Thence South 10° 43 ' 12" West 728 . 41 feet ; Thence South 88° 39 ' 00" West 494 . 97 feet to the Easterly right of way of said Colorado Highway No . 257 ; Thence along s$ id right of way North 00° 12 ' 54" East 461 . 92 feet and again North 00 47 ' 34 " West 2640. 23 feet to the TRUE POINT OF BEGINNING. Said parcel of land contains 58 .835 acres , more or less . S‘..OO70 NAMES OF OWNERS OF PROPERTY WITHIN 300 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION I 80521 7 Cactus Hill Ranch 38990 Hwy. 257, Ft Collins, CO 0705-17-000-013 Heckman, John 1/2 Int 80521 Heckman, Marvin & 1020 Meadowbrook,Ft Collins, CO 0705-20-000-019 Dorothy 1/2 Int Heckman, John 1/Z Int Heckman, Marvin & 1020 Meadowbrook,Ft.C ps, CO 0705-20-000-020 Dorothy 1/2 Int 80521 0705-21-000-004 Nelson, George & Mildred 8373 Weld Co Rd 78. Ft Collins 80524 z K & M Company 32_01 Shore Dr. ,Ft Collins, CO 0705-21-000-005 ✓ 80229 0705-21-000-046 ✓ u Thornton, City of 9500 Civic Center, Thornton CO 80521 x Cactus Hill Ranch 38990 Hwy 257, Ft Collins CO 0705-21-000-047 ✓ 80229 Thornton, City of 9500 Civic Center, Thornton, CO 0705-21-000-048 ✓ 38990 Hwy 80521 x Cactus Hill Ranch 257, Ft Collins,Colli C0 0705-21-000-049 ✓ 1 38990 Hwy 257, ns, C0x Cactus Hill RanchFt Collins, C 0705 16-000-050 80229 Thornton, City of 9500 Civic Center, Thornton, CO 0705-16-000-052 .77 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. NW1 /4 & W1 /2 of SW1 /4 , Section 21 , T . 7N . , R . 67W. , Subject Property SW1 /4 , Section 16 , 7 . 7N . , 67W. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list aras compiled from the records of the Weld County Assessor, or an ownership _update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Wald County Assessor shall have been assembled within thirty (30) days of the application submission date. The foregoing instrument was subscribed and sworn to before me this 27th day of -October , 19 89 WITNESS my -hand and official seal. My Commission expires: February 23 , 1991 //// / (2, 41N. . itto Notary ub is t ' 060070 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property NW1 /4 & W1 /2 of SW1 /4 , S-ection 21 , T . 7N . , R . 67W. , SW1 /4 , Section 16 , T . 7N . , R . 67W. 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 211 mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this 27th day of October 19 89 WITNESS my hand and official seal. My Commission expires: February 23 , 1991 ` JA"- 4 ‘. t ry�e pp / Pl.tar Public G ' t• tTF ........ �� 200070 Hello