HomeMy WebLinkAbout940847.tiff IAd P COUNTY
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April 19, 1994 CLERK
TO THE BOAnD
John Pickle, Director
Weld County Department of Health
1517-16 Avenue Court
Greeley, CO 80631
Dear John;
This letter will serve as a response to yours dated April 7, 1994 and received
in my office on April 19, 1994.
First of all, let me apologize for not being clear in my February 11, 1994 letter
to Victor Sainz. I did not intend to suggest to Victor or anyone else that the
Weld County Health Department was trying to prevent our complying with the Colorado
Department of Health's request. I was referring to ". . . . the obstacle placed in
our path by the Weld County Health agreement. . . .". By this, I meant Section IX
of the Agreement which requires Weld County to agree to any revisions and also the
fact that we are obligated to report to Weld County Health after sampling our wells.
We cannot be expected to agree to plug these wells as long as we are also obligated
to report on the results from sampling them.
These are some of the complications I was hoping to avoid by simply cancelling the
Agreement. Since Weld County Health deems it necessary to keep the Agreement in
effect, we will have to live with these complications and expect future actions
and reactions in respond to these and as-to-be-discovered difficulties.
I appreciate your willingness to approve National Hog Farms' and the State of
Colorado's modifications to our monitoring systems. I take this to mean that:
1. It is all right to plug and abandon the present monitoring wells drilled and
located under the supervision of the Weld County Health Department.
2. Conduct hydrogeologic studies, locate, and drill new wells.
3. Develop a sampling and reporting system in cooperation with the State of
Colorado Department of Health.
4. Discontinue all well monitoring and reporting functions connected with the
Agreement between National Hog Farms Incorporated, The Board of County
Commissioners, and the Weld County Health Department dated February 2, 1990
in the interim.
A point in your letter that I disagree with and reserve the right to contest
is your contention that the Agreement was intended as an ". . .addition to those
(remedies) under the Confined Animal Feeding Operations Control Regulations". A
careful reading of the Agreement reveals that the State of Colorado is mentioned
three times. Once on page one when it is declared that the Agreement is not based
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Page 2
on the requirements of the State. The State is again mentioned on page five in
connection with declaring that the State is not to be held responsible to expend
funds to undertake any of the obligations assigned to National. A third and final
mention of the State occurs on Page 5 in connection with protecting National's
right to challenge any laws that would require a material change in the operation.
I can find no verbiage approximating your language ". . . envisioned to be in addition
to those. . ." nor can I find any mention of the Confined Animal Feeding Operations
Control Regulations. Indeed, the CAFO regulations as we presently know them did not
exist when the Agreement was signed. These are points of contention I hope never
become issues needing legal definition. For this, if for no other reason, Weld
County Health should cancel the Agreement.
John, failing this, I would ask that you have a revision drawn up incorporating the
language in your original revision, my first sentence (and my second perferrably) ,
as well as some language addressing the Section IX and reporting issues. We are
currently undergoing the hydrogeological examinations. Plans are underway to plug
all existing monitoring wells and drill new ones as soon as they can be located.
I need to have a satisfactorily revised Agreement in hand before I can allow any
physical changes to be made to the monitoring systems in place. The sooner you
can get back to me with this revision, the sooner we can get on with this process.
Best r gards
Greg Gilsdorf
Executive Vice President
National Farms, Inc.
GG/jr
cc: Bill Haw
Bill O'Hare
Frank Haywood
Dr. Safley
Victor Sainz
Lucy Creighton
Bill Webster
enc: January 30, 1994 letter, February 11, 1994 letter, April 7, 1994 letter.
• ? c‘c fs DEPARTMENT OF HEALTH
• 1517- 16 AVENUE COURT
mule
GREELEY, COLORADO 80631
LDMINIOTECTION (303)3530635
HEALTH PROTECTION (303)3530635
COMMUNITY HEALTH (303) 3530639
COLORADO
January 30, 1994
Mr. Gregg Gilsdorf
Executive Vice President
Swine Division
National Farms, Inc.
Livestock Exchange Building
1600 Genessee
Kansas City, Missouri 64102
Dear Gregg:
We have received correspondence from the Colorado Department of Health,
(attached) , which indicates that they wish to modify the monitoring plan as
outlined in the agreement between National Farms and Weld County. As I
understand the revision, it would seem to decrease the overall monitoring
responsibility of National, yet still meet the described monitoring goals of
our agreement as outlined in paragraph IV. In view of this, the revision
would be agreeable to the Department.
Please accept this letter as notice that the Colorado Department of Health
Monitoring Program as described in their letter of January 24, 1994, shall be
considered to constitute the modified monitoring program required under the
Agreement of February 21, 1990 between National Hog Farms Incorporated, the
Weld County Board of County Commissioners and the Weld County Health
Department IV. The State requested monitoring program shall be considered to
be substituted for Appendix B to the February 21, 1990 Agreement or any
subsequent amendments prior to that date. The substitution will be complete
upon receipt of the state approved plan indicating location and number of
monitoring wells. Further, the substitution of the state plan is not intended
by the parties to affect the validity of any data gathered under the previous
monitoring programs.
Please sign and return a copy of this letter to indicate your agreement with
this revision. If you have any questions, please contact us.
Very t my yours,
ou
o S. Pickle Gregg Gilsdorf
Director Executive Vice President
NATIONAL FARMS, INC.
816-221-4501
February 11 , 1994
Victor Sainz
Colorado Department of Health
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
Dear Victor:
This letter is in response to yours dated January 24 , 1994 and
received here January 31 , 1994 as well as our February 3 , 1994
telephone conversation.
National Hog Farms is committed to working with the State of
Colorado along the lines and in the same spirit of cooperation
characterizing our encounters to date. You can be assured that we
will proceed as outlined in your letter. Considering our history
in Weld County, and in particular what has occurred in connection
with Weld County Health, you can understand our desire to proceed
prudently, study the engineering carefully, and implement a program
we can all have confidence in.
The steps being taken at present include a search for an
engineering firm to conduct the hydrogeo logica 1 study you have
requested. We also are developinga sampling program and protocol
for the monitoring wells once they are located and constructed.
The request to plug wells and abandon the present program is not
possible at this time. Our agreement with Weld County Health is
still in effect and legally binds us to sampling the existing
wells . To date, Weld County Health has not shown a willingness to
cancel said agreement.
It is National Hog Farms ' desire to accomplish the objectives
outlined in your January 24 , 1994 letter as quickly as is prudent.
We have already begun the process by initiating the engineering
studies . New wells will be constructed and sampled as soon as we
are able to ascertain where they ought to be placed. Once the
obstacle placed in our path by the Weld County Health agreement is
1600 GENESSEE KANSAS CITY, MISSOURI 64102
NATIONAL FARMS, INC.
816-221-4501
February 11 , 1994
Page 2
removed, we will be able to begin fulfilling your remaining
requests.
Best r Bards ,
Greg G i lsdorf
GG/ps
cc: Bill Haw
Bill O'Hare
Lucy Creighton
Connie Harbert
Frank Haywood
John Pickle
enc: National Hog Farms letter to Weld County dated 2/11/94
1600 GENESSEE KANSAS CITY, MISSOURI 64102
• 6
DEPARTMENT OF HEALTH
\ 1517- 16 AVENUE COURT
I IGREELEY, COLORADO 80631
ADMINISTRATION (303) 353.0586
ie HEALTH PROTECTION (303)353-0635
COMMUNITY HEALTH (303)353.0639
COLORADO
April 7, 1994
Greg Gilsdorf
National Hog Farms
1600 Genessee
Kansas City, MO 64102
Re: Your letter of February 15, 1994
Dear Greg:
Weld County has reviewed your letter of February 15, 1994. Weld County is not
interested in canceling the agreement, but would consider inserting the first
sentence of your proposed revision which states: "Weld County Health
acknowledges and National Hog Farms agrees that the water quality standards
and points of compliance established by the State of Colorado Department of
Health by the same standards and points of compliance governing the agreement
between Weld County Health and the National Hog Farms from this point hence."
Weld County does not wish to adopt the second sentence of your proposal given
that the nature of the remedies were agreed to by contract and included
remedies that were envisioned to be in addition to those under the Confined
Animal Feeding Operation Control Regulations.
It is not the intent of Weld County to prevent you from plugging wells and
abandoning the present monitoring program as you have suggested to Victor
Sainz in your letter of February 11, 1994. The information that has been
accumulated over the past several years does support the modification of the
monitoring program in a manner consistent with the State and Weld County does
not desire to stand in the way of such modifications.
Thank you for your attention to this matter.
Yours truly,
ohn S. Pickle
Director
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