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Home My WebLink About981223.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST SONNY SCHNEIDER FOR VIOLATION OF THE CONFINED ANIMAL FEEDING OPERATION CONTROL REGULATIONS (5 CCR 1002-19) 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, Sonny Schneider, VI #9800077, is allegedly in violation of the Confined Animal Feeding Operation Control Regulations, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 14th day of July, 1998, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Sonny Schneider, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until September 14, 1998, to allow adequate time for the property owner to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said violation be, and hereby is, referred to the Weld County Attorney's Office for legal action against Sonny Schneider to remedy the violation of the Weld County Confined Animal Feeding Operation Control Regulations, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until September 14, 1998, to allow adequate time for the property owner to bring the subject property into compliance. 981223 PL0824 CC: PLC VIOLATIONS -VI #9800077 - SONNY SCHNEIDER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1 ATTEST: ' ' Q) EXCUSED Constance L. Harb rt, C air Weld County Jerk t 44 " � . �' ��""; J W. H. ebster, P -Tem BY: Deputy Clerk to the B:�; ��'v EXCUSED eorge E. Baxter APP AST M: Dale K. Hall my Attorn EXCUSED DATE OF APPROVAL (AYE) Barbara J. Kirkmeyer 981223 PL0824 - - - - - - - - - - - - - - - - - - - E. DATE: July 14, 1998 VIOLATION NUMBER: VI-9800077 hkimditai LA V Qi NAME: Sonny Schneider ADDRESS: 34534 Weld County Road 33, Greeley, CO 80631 LEGAL DESCRIPTION: The NW4 of Section 11, T6N, R66W of the 6th P.M. County, Colorado Weld PARCEL NUMBER: 0805 11 000027 CASE SUMMARY 02/13/97 Received anonymous complaint alleging that the Schneider Cattle Company, Inc., located at 34534 WCR 33, lacked adequate run-off control and containment structures as required by the Confined Animal Feeding Operation Control Regulations (CAFO Regulations). 02/21/97 Staff of the Weld County Health Department (WCHD) investigated the complaint. We observed that the western portion of the site does not have adequate wastewater collection and storage facilities. We also observed that the site does not maintain adequate records regarding the land application of manure and wastewater. 03/04/97 The WCHD sent Sonny Schneider a letter (certified letter no.: P 077 960 568) dated March 4, 1997. The letter advised Mr. Schneider that the facility was in violation of the CAFO Regulations. The letter also requested that a plan of correction for the violations and a manure and wastewater management plan be submitted to the WCHD. 04/16/97 Trevor Jiricek of the WCHD spoke with Tom Haren of the Col Feeders, Inc. Mr. Haren is assisting Mr. Schneider. Mr. Haren indicated Cattle • that Mr. Schneider is negotiating with his neighbor to obtain indicated retention structure. property for a 04/29/97 The WCHD received a faxed letter from Mr. Schneider, dated April 22, 1997, in response to our March 4, 1997, letter. Mr. Schneider stated that "a manure and wastewater management plan is being drafted..." 05/01/97 The WCHD sent Mr. Schneider a letter in response to his April p pril 22, 1997, 1 981223 letter. The WCHD requested that Mr. Schneider propose a time frame in which the manure and wastewater management plan is to be submitted. 05/22/97 The WCHD received a fax from Mr. Schneider. The fax indicated that Mr. Schneider will be meeting with his neighbor to discuss locating a pond on his property. Mr. Schneider also indicated that he would be meeting with Tom Haren of the Colorado Cattle Feeders to discuss the retention pond requirements. 05/28/97 The WCHD received a May 27, 1997, letter from Mr. Schneider. The letter indicated that he had contacted a local contractor to review elevation on his facility. He also stated that he had met with Tom Haren of the Colorado Cattle Feeders to "...review plans for the size and location of a new lagoon." Mr. Schneider stated that he anticipated "...to break ground for the new lagoon on June 1, 1997..." and that he would forward a manure and wastewater management plan to the WCHD "...shortly after the site work is completed." 07/07/97 The WCHD sent Mr. Schneider a letter requesting an update to any progress that has been made concerning the installation of the retention pond and the development of a manure and wastewater management plan. The letter requested a written update within 10 days. 07/21/97 The WCHD received a July 21, 1997, letter from Mr. Schneider. The letter indicated that construction had commenced on the retention pond on May 29, 1997. However, the letter indicated that due to heavy rains in June the earth was top wet to allow heavy machinery to continue the excavation. The letter also indicated that during excavating they unexpectedly located a water line. 10/20/97 Trevor Jiricek of the WCHD spoke with Mr. Schneider on the telephone. Mr. Schneider indicated that all he needed to do was to demonstrate the permeability of the retention pond and put the final touches on his manure and wastewater management plan. He committed to either to having the project completed by November 20, 1997, or giving me a written update as to the progress. 01/06/98 The WCHD sent Mr. Schneider a letter (certified letter no.: Z 130 100 071). The letter stated that we had not yet received manure and wastewater management plan. This letter also informed Mr. Schneider that he had 30 days to comply with Section 47 of the Weld County Zoning Ordinance (WCZO) or a violation would be established. Mr. Schneider was provided a copy of Section 47 of the WCZO. 2 q51A73 -3 02/02/98 The WCHD received a February 2, 1998, letter from Tom Haren of EnviroStock, Inc. Mr. Haren stated that EnviroStock, Inc. has been retained by Mr. Schneider "...to coordinate and complete a manure and wastewater management plan, lagoon liner verification, and regulatory correspondence..." Mr. Haren stated that the "...schedule for completion of these reports is 30 days." 05/11/98 The WCHD received a May 8, 1998, soils report from EnviroStock, Inc. for the Schneider Feedlot lagoon project. The report indicated that Mr. Schneider intended to use a combination of native soils and manure for a compacted liner. The letter also stated that "A liner will be installed and tested as soon as possible." 05/13/98 The Weld County Planning Department (WCPD) sent Mr. Schneider a May 13, 1998, letter advising him that his property remained in violation of the WCZO and that a hearing had been scheduled with the Board of County Commissioners for June 9, 1998. 05/18/98 The WCHD send Tom Haren a May 18, 1998, letter, advising him that the ) proposed liner (combination of soils and manure does not comply with the CAFO Regulations and that written approval pproval from the Colorado Department of Public Health and Environment was required prior to approval of the retention structure. 06/02/98 The WCPD send Mr. Schneider a June 2, 1998, letter advising him that the hearing with the Board of County Commissioners had been rescheduled to July 14, 1998. 06/18/98 The WCHD received a copy of a June 8, 1998, letter to EnviroStock, Inc. from David Holm at the Colorado Department of Public Health and Environment. The letter gave approval, with conditions, to install a liner consisting of a combination of soils and manure at the Schneider facility. 07/07/98 As of today, 1998, we have not yet received a manure and wastewater management plan, nor have we received any evidence that the retention structure has been installed and constructed in accordance with the CAFO Regulations. The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 3 Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorneys Office. 4 lir77c77P-11 OTT) ` f • FEB 1 3 !997 Department of Health Weld County To whom it may concern: Why doesn't Schneider Cattle Inc. feedlot located at 34534 Weld County Road 33 in Weld County have-to comply with the Confined Animal Feeding Operation Control Regulation (5 CCR 1002-19). The feedlot lacks adequate runoff control and containment features as required. They dump the excess out of the corrals into the ditch and it runs south to the large irrigation ditch along Highway 392! A concerned neighbor • 1,5-,Oa3 • 4411 DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 Wig; ei ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 March 4, 1997 Certified Letter No.: P 077 960 568 Sonny Schneider Schneider Cattle, Inc. 34534 Weld County Road 33 Greeley, Colorado 80631 Dear Mr. Schneider: As you are aware, as the result of a complaint, your feedlot located at 34534 Weld County Road 33, Weld County was inspected by a representative of the Environmental Protection Division of the Weld County Health Department. The complaint alleged that the "feedlot lacks adequate runoff control and containment feature..." as required by the Confined Animal Feeding Operation Control Regulation ((CAFO Regulations)(5 CCR 1002-19)). The purpose of the inspection was to assess the facility's compliance with the CAFO Regulations. This inspection revealed the following: •The western portion of the site does not have adequate wastewater collection and storage facilities. •The site does not maintain adequate records regarding the land appliation of manure and/or wastewater. Preliminary calculations (attached) indicate that manure and wastewater is applied in excess of agronomic rates as allowed in the CAFO regulations. Please be advised that the above described situation is in violation of the CAFO Regulation as referrenced above. Specifically, this facility is in violation of Section 4.8.3(A), pertaining to surface water protection requirements and Section 4.8.5(A)(5), pertaining to beneficial use and disposal of manure and process wastewater. _'L.r�r�t1L.Lt�' CATTLE PAGE 02 4/29/1997 14:49 3034574609 ca.° CATTLE :rEUERS PAGE 02 Tuesday, April 22, 1997 Trevor Jiricek Weld County Health Department 1517 16th Ave. Court Greeley, CO 80631 Dear Mr, Jiricek: I Sngret the slow response to your letter of concern from Marcia hneider Cattle Company,in coinunction with the Color o Catt a Feeders As cr. has been evaluating the options available to resolve your concerns regarding adequate wastewater collection and storage facilities on the western 8 mg portion of our site. Additionally,a Manure and Wastewater Management Plan is being land application of manure and wastewater and to establish andim ove d to address and recordkecping procedures at Schneider Cattle Company. data collection We will continue close communication with your office regarding review Management Plan and a timetable for implementation and completion of r of the measures. P f contt roll If you have any further questions or concerns,please contact me at(970) Tom Haren at the Colorado Cattle Feeders Association(303)457-2232. 57.223 454 ..611,or jojeL4,,,.. ..,L Sonny -acr Schneider Cattle Company cc: Jeff Molt,Director, Environmental Lee Morrison, Weld county Protection Services Victor gs�,Colorado Attorney's � Department of Public health& Environment 04/29/1997 14:49 3034574609 COLO CATTLE FEEDERS PAGE 02 • Tuesday, April 22, 1997 Trevor Jiricek Weld County Health Department 1517 16th Ave. Court Greeley,CO 80631 Dear Mr. Jiricek: I regret the slow response to your letter of concern from March 4, 1997. However, Schneider Cattle Company,in conjunction with the Colorado Cattle Feeders Association, has been evaluating the options available to resolve your concerns regarding adequate wastewater collection and storage facilities on the western portion of our site.Additionally,a Manure and Wastewater Management Plan is being drafted to address land application of manure and wastewater and to establish and improve data collection and recordkccping procedures at Schneider Cattle Company. We will continue close communication with your office regarding review of drafts of the Management Plan and a timetable for implementation and completion of control measures. If you have any further questions or concerns,please contact me at(970)454-2611,or Tom Haren at the Colorado Cattle Feeders Association(303)457-2232. Sin erely, Sonny Schn 'der Schneider Cattle Company cc: Jeff Stoll,Director, Environmental Protection Services ' Lee Morrison, Weld county Attorney's Office Victor Sainz,Colorado Department of Public health& Environment 14° 14("- P' 4;4IDril; DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 111111 O ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 � COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 May 1, 1997 Sonny Schneider Schneider Cattle, Inc. 34534 Weld County Road 33 Greeley, Colorado 80631 Dear Mr. Schneider: Thank you for your letter of April 22, 1997. We realize that the development of a manure and waste water management plan requires a great deal of time and effort. However, your letter did not propose a time frame in which you expect to submit a manure and waste water management plan. Further, the letter didn't indicate when waste water collection and storage facilities would be constructed at your facility. We request that you submit a reasonable time line in which the manure and waste water management plan will be submitted. In addition, we request a reasonable time line for the installation of the containment structures. We would like to continue to work with you while you address deficiencies at your facility. However, you should be advised that in the event that progress is not made toward addressing the deficiencies at the facility we would have no choice but to forward the violations to the Water Quality Control Division of the Colorado Department of Public Health and Environment for their review. Please don't misunderstand this letter. It is not meant to be threatening, rather we feel that it is important for you to be aware of the circumstances surrounding these types of violations. Please do not hesitate to call me if you have any questions. I can be reached at (970) 353-0635, extension 2232. Sincerely, .)-4) IP UV ItA //k/ Trevor Jiricek Supervisor Environmental Protection Services tj\636 cc: Lee Morrison, Weld County Attorney's Office (w\o enclosure) Victor Sainz, Colorado Department of Public Health and Environment 1 r <'� ~-• j _ 1! 3t 7997 DEC-TO nn r • Stronger. 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O1 ac ooemeaecroMNa[c ao4oscgamwe O a aaMwraoMr�oM�o[C" ��•� • ac��cR7IINatcTOMNacr rOMvaac��crOMwec cMvaCIONAKIC n[ IOMM O[ aww[aa.l[o[�� e I c 10IUIw[c ,OIIw[owl o. 1 ....____ aool+va[cloMNa[cwllNm[c ac10MMOK10MVa[C10MM0[CIOW.K70.MI10Kr0MVO[aCasve C CEOMVOKIOINIO[CrOMNOECiOMNOfC10iMNO[C14Mn0[CIOMNOICTOWO[CIOYVOiC10 emotoOMM P ier Animal Health �� ' 05/27/1997 12:30 3034574609 COLD CATTLE FEEDERS P 3 •- Tuesday, May 27, 1997 ; •, 1991 Trevor Jiricek Weld County Health Department 1517 16th Ave. Court Greeley,CO 80631 Dear Trevor: This letter is to follow up the details and schedule since our last correspondence regarding improvements to the Schneider Cattle, Inc. facility to meet the standards required in the Colorado Confined Animal feeding Control Regulations. Late April, 1997,I contacted a local contractor to review our feedlot and drainage. Elevations of the feedlot were measured on May 1. Tom Haren,Director of Natural Resources for the Colorado Cattle Feeders Association visited my feedlot on Friday, May 23, 1997 to review plans for the size and location of a new lagoon. Tom also reviewed with me lagoon liner requirements of the regulation. I am planning to break ground for the new lagoon on June 1. 1997, and will forward a Manure and Wastewater Management Plan to your office shortly after the site work is completed. Sincerely, C . Sonny Schne der Schneider Cattle,Inc. DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 11111 O ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 • COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 July 7, 1997 Sonny Schneider Schneider Cattle, Inc. 34534 Weld County Road 33 Greeley, Colorado 80631. Dear Mr. Schneider: The purpose of this letter is to request an update as to any progress which has been made towards the installation of a waste water pond and the development of a manure and waste water management plan. According to your letter dated May 27, 1997, you were to break ground for the waste water pond on June 1, 1997, and forward a manure and waste water management plan to our office "shortly after the site work is completed." Please provide a written update outlining any progress within 10 days of receipt of this letter. If you have any questions, please do not hesitate to call me at (970) 353-0635, extension 2232. Sincerely,VIIIV•aLk-'1L2) Trevor Jiric le . Supervisor Environmental Protection Services tj1680 cc: Lee Morrison, Weld County Attorney's Office (w\o enclosure) Victor Sainz, Colorado Department of Public Health and Environment I/ U I Jig Uo:U4 J.U14 14�b1- July 21, 1997 Trevor Jiricek Department of Health 1517 16th Avenue Court Greeley, CO 80631 Dear Mr . Jiricek : On May 29, 1997, construction was started on the retaining pond. The first step included removal of fence and posts from the area where we decided to locate the pond, Elevation shots were taken approximately two weeks prior to this time to help us decide in making our final decision of the pond location. After removal of the fence and posts, Goodell Brothers Construction brought in earth moving equipment on June 2, 1997. Moving of dirt to the back alley was started. We then started receiving all the rains we had in the month of June, trying to work whenever the ground would dry out and permit us to work. This was a very frustrating time. The small paddle scraper would get stuck and we reached a point where a bigger scraper was needed because of depth. We tried this for 1 1/2 days but the machine wasn't running correctly and it didn't have enough power. Therefore, we was forced to bring in a large backhoe . After about 1 1/2 hours of using the backhoe, a 6" main water line was found unexpectedly. This stopped all proceedings until we could locate the water line company and ask them why the water line was located in that area. They came out and looked the situation over and said the water line would have to be moved. The name of this company is Ledall Brother 's from Eaton, Colorado. At this time, Mr. Herb Ledall quoted to me that they couldn't be here until July 10, 1997 . On July 14, 1 called Ledall Brothers again to learn that Mr. Herb Ledall had been put in the hospital for unexpected surgery. Mr . Vern Ledall apologized and didn't know much about my situation. He sent men out to look the project over and they informed me they would be out July 15th to start moving the water line. On July 15th and 16th, this was completed. At this time, we are waiting for Goodell Brothers to complete their present project. After completion of their present project, they will then return to work on my project. On July 24, 1997 Tom Haren observed the project and stated his thoughts on our progress. He thinks we are probably around the 40% completion mark. We are making the hole larger than Mr . Haren calculated for security measures. We will continue to keep you informed of our progress . It always seems as though these projects always take longer than expected. Sincerel , R.A. Schneider cc: Tom Karen, Colorado Cattle Feeders Association 5 (%) ro a m a ? n _ co cD F-7 C m W O n , m ° n. cNi = a m .1 H'g. ,D* m `< m m S 3 °- m ca o 3\\7\( vim fa° :• DEPARTMENT OF HEALTH 1517 16TH AVENU E COURT GREELEY, CO 80631 ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 • COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 January 6, 1998 Certified Letter No.: Z 130 100 071 Sonny Schneider Schneider Cattle, Inc. 34534 Weld County Road 33 Greeley, Colorado 80631 Dear Mr. Schneider: Beginning in February of 1997, this Department has requested that you submit a manure and waste water management plan for your feedlot, located at 34534 WCR 33, Greeley. The plan was requested as the result of a complaint inspection, by a representative of the Department, of your facility. The inspection revealed several items of non-compliance. The purpose of the plan is to demonstrate the facility's compliance with both the Confined Animal Feeding Operation Control Regulations (CAFO Regulations) and Section 47 of the Weld County Zoning Ordinance. Currently, this facility is in violation of the CAFO Regulations and does not meet the requirements of Section 47. In accordance with Section 47, this letter shall serve as your 30 day notice. This notice is required by the Weld County Zoning Ordinance in order to establish a violation. Failure to comply with the Zoning Ordinance in this 30 day period may result in further legal action. I have attached a copy of Section 47 of the Weld County Zoning Ordinance. If you have any questions, please do not hesitate to contact me at (970) 353-0635, extension 2232. Sincerely, • IMOIMICA3 Trevor Jiricek Supervisor Environmental Protection Services tj1897 cc: Lee Morrison, Weld County Attorney's Office Derald Lang, Colorado Department of Public Health & Environment Julie Chester, Weld County Planning Department q8ic ? ? 3 V Ko5ToKK h1( 9 L o 11990 QMNT 3TRCCT, 3VITC 402, bCNV K, CO 00233, MOM:(303)457.4322, SAX: (303)457-4609 Monday, February 02, 1998 Trevor Jiricek Weld County Health Department 1517 16th Ave. Court Greeley, CO 80631 Subject: Schneider Cattle Co., ES Job #20754-1-98 Dear Mr. Jiricek: Schneider Cattle Co. has retained Enviro Stock, Inc. to coordinate and complete a Manure and Wastewater Management Plan, lagoon liner verification, and regulatory correspondence regarding their feedlot facilities located at 34534 WCR 33 in Greeley, Colorado The schedule for completion of these reports is 30 days. Please contact me at (303) 457-4322 if you have any questions or concerns about this project. Thank you for your patience. Sinc ely, • homas Haren EnviroStock, Inc. • "Serving Environmental Needs of the Livestock Industry" 98/07(3. vi O u 9 I M 9!950 QUINT 3TRCCT, 3NLTC 402, b 11VCI, O 233, MOM:(303)457.4322, MX: (303)4574609 Friday, May 08, 1998 Fgraj { � 11 Trevor Jiricek I An' : Weld County Health Department 1517 16th Ave. Court Greeley, CO 80631 Subject: Schneider Cattle Company Dear Trevor: Enclosed is a copy of the soils report from Earth Engineering, Inc. for the Schneider Feedlot lagoon project. We plan on using a combination of native soils and manure for a compacted liner. A liner will be installed and tested as soon as possible. If you have any questions or concerns regarding this project, please contact me directly at (3 03) 457-4322. Sincerely, rootill homas Haren EnviroStock, Inc. pc: Sonny Schneider "Serving Environmental Needs of the Livestock Industry" • 41611 rim*" :16 ,..,/ I! . titi 1 •DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley,CO 80631 Phone(970)353-6100 Fax (970)352-6312 O COLORADO May 13, 1998 • Sonny Schneider Schneider Cattle, Inc. 34534 Weld County Road 33 • Greeley,CO 80631 Subject: VI-9800077 • Dear Mr. Schneider: the property referenced above remains in violation of Section 47 of the Weld County Zoning Ordinance. I have scheduled a meeting with the Board of County Commissioners on June 9, 1998, at 10:00 a.m. to consider the violations occurring on the property. This meeting will take place in the County Commissioners' Hearing Room, first floor,Weld County Centennial Center, 915 Tenth Street,Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about - the violations. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call me. Sincerely, • Sharyn azer Zoning Compliance Officer pc: VI-9800077 Trevor Jiricek, Enviornmental Protection Services qi3 rie DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 0 ADMINISTRATION (970) 353-0586 � � HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH 970 ( ) 353-0639 FAX (970) 356-4966 May 18, 1998 Thomas Haren • EnviroStock, Inc. 11990 Grant Street, Suite 402 Denver, Colorado 80233 • RE: Liner for Retention Pond at the Schneider Cattle Company Dear Mr. Haren: , . Thank you for providing the soils report for the retention pond at the Schneider Cattle Company. Based upon this report it appears that a mixture of on-site soils and manure can meet the appropriate permeability prescribed in the Confined Animal Feeding Operation Control Regulations (5 CCR 1002-81). However, as we have discussed in the past, in accordance with Section 4.8.4(A)(3) of the CAFO Regulations, this type of lining material requires prior written approval by the Director of the Water Quality Control Division of the Colorado Department of Public Health and Environment. The Department recommends that you obtain this approval prior to construction of the lining material. In the event that you already have obtained approval, the Department requests that you provide a copy of the approval at your earliest convenience. Please do not hesitate to call me if you have any questions or concerns. I can be reached at (970) 353-0635, extension 2232. Sincerely, fAlliqj" Trevor Jiricek Supervisor Environmental Protection Services tj\1005 cc: Derald Lang, Colorado Department of Public Health and the Environment Sonny Schneider, Schneider Cattle Company MY XO3O( 11390 QRANT STRUT, NITC 402, bCNVCR, CO 80233, MOM:(30304574322, MX: (3031 4574440 Friday, May 22, 1998 Derald Lang Colorado Department of Public Health& Environment Water Quality Control Division 4300 Cherry Creek Dr. S. Denver, CO 80222-1530 Subject: Schneider Cattle Co. Dear Derald: Enclosed is a copy of the soils report for a stormwater pond liner at Schneider Cattle Co. located in Greeley, Colorado. The native soils, when tested, did not achieve the required maximum 1/4" per day seepage rate. Native soils fell short of this requirement by a small margin. However, the soils were tested with a 25% manure component added and achieved significant reductions in the material's permeability. The 25% manure-soil mixture achieves and exceeds the maximum 1/4" per day;seepage rate standard by a substantial margin as shown in the report. We request your opinion on using this material for lining the stormwater pond at Schneider Cattle Co. Manure will be mixed with native material to a homogeneous consistency and placed in the pond in 6 to 10 inch compacted lifts to a thickness of at least 2 feet. The material will be field- tested by a geotechnical engineer to ensure that placement and compaction of the.liner meets the State's CAFO regulation requirements. Please call me if you have any questions about this request. Sincerely, • omas Haren EnviroStock, Inc. pc: Sonny Schneider Trevor Jiricek "Serving Environmental Needs of the Livestock Industry" ‘?.1.11 :y DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices C77 : 1400 N. 17th Avenue, Greeley,CO 80631 �____ Phone(970) 353-6100 i �'r 77---�.. Fax(970) 352-6312 COLORADO to June 2, 1998 Sonny Schneider Schneider Cattle, Inc. 34534 Weld County Road 33 Greeley, CO 80631 • Subject:VI-9800077 Dear Mr. Schneider: The Department of Planning Services recently scheduled a meeting with the Board of County Commissioners on June 9, 1998. This meeting has been rescheduled for July 14, 1998,at 10:00 a.m. , to consider the violations occurring on the property. This meeting will take place in.the County Commissioners' Hearing Room,first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. • The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call, me. Sincerely, • aryn Fraz Zoning Compliance Officer pc: VI-9800077 Trevor Jiricek, Environmental Protection Services STATE of COLOFADO Roy Romer,Governor Patti Shwayder,Executive Director A.4‘;of•t o bO Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division *• -G- • Denver,Colorado 80246-1530 8100 Lowry Blvd. 4'1876 Phone(303)692-2000 Denver CO 80220-6928 Located in Glendale,Colorado (303)692-3090 Colorado Department http://www.cdphestate.co.us ' of Public Health and Environment June 8, 1998 WELL Enviro Stock, Inc. 11990 Grant Street, Suite 402 Denver, CO 80233 Attn: Tom Haren Re: Storm water Pond Liner for The Schneider Cattle Co. in Weld County. Dear Mr:--Haren: We have reviewed your request to use a non-conventational pond liner material for the above referenced feedlot storm water run- off containment pond. Based on the results of the soils engineering report provided, a conditional approval of the proposed liner is given at this time. The proposed liner consists of a 2 foot layer of compacted native soil with a 25% admixture of dry manure with the homogeneous liner built up in 6- 10 inch compacted lifts. Final approval of this liner will be granted when the completed liner is tested for attainment of the required 1/4" per day seepage rate. A minimum of 5 in place tests will be needed to demonstrate the uniformity of the completed liner with 2 of these tests being done on the pond's side slopes. Should you have any questions on this approval, please contact Derald Lang with my office at 692-3561. Sincerely, . David Holm, Director Water Quality Control Division JDH/DEL cc. Trevor Jiricek, Weld County Health Department Victor Sainz, WQCD Derald Lang, WQCD o q'` 1�ray, L, ittt r'IYs T��ar r nlW°>,,r, �,'1;i',, .' }91yer'1�4i't;r;.h e ' lh\,;I,} � i, Ir ,fit,�i,;�,,,, `w' P I lv a 1 �i:iiryi✓, {y b 11 1 .7,, u } �I4 :K 1,,p,I k¢5'c C ,,ay44,,,} :,t! r '',4' .(...e„.i 90 y I'v„. �I+atliyls't1`'V4`>, t' y 1 v h� ..,..:. Iry ly C`4Y�Zi t ` t J> kistrf` 4 Y$,A,, VI Sh + It)1, y' ,`z.�S r e"Y!;p E�,y4 '':' ,:a11;,. to ,'Sr r. '.:11',..' rl RA\,. . 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