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HomeMy WebLinkAbout962402.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Hirsch Dairy Case Number: USR-1091 Submitted or Prepared Prior to Hearing al Hearing 1. P.C. Resolution (10 pages) 2. Comments X a. Staff summary X b. Staff Recommendation (9 pages) X c. Staff memo (Aug. 20, 1996) X d. Fax from Ken Lind (Aug. 19, 1996) X e. Staff letter to Mr. Chilson (May 23, 1996) X f. Letter from John Chilson (April 5, 1996) X g. Letter from John Chilson (August 14, 1996; 2 pages) X h. Letter from John Chilson (August 12, 1996) X i. Staff memo to PC (October 17, 1995) X j. Letter from applicant (October 16, 1995) X k. Staff memo to PC (September 7, 1995) X 1. Letter from applicant (August 31, 1995) X m. Letter to applicant (July 3, 1996; 2 pages) X n. Letter to applicant (July 28, 1995) X o. Field Check X 3. Legals (3 pages) X 4. Application (140 pages) X 5. Plat (2 24"x36" sheets) X 6. DPS Maps Prepared by Planning Technician (3 pages) X 7. Referrals W/O Comments a. Referral lists & letter X b. Weld County Public Works (3 pages) X c. North Weld County Water District (2 pages) X d. Windsor Fire Department (2 pages) X e. Weld County Building Inspection X 8. Referrals W/Comments a. Weld County Health Department (8 pages) X b. Corp of Engineers (2 pages) X c. Town of Severance X 9. Deed (5 pages) X 10. SPO's (30 pages) X 11. Utilities (2 pages) X 12. SPO comments a. Letter from Cabala (August 19, 1996) X b. Letter from Rauh (August 19, 1996) X c. Fax from Kenneth Lind (October 11, 1996) X d. Letter from Cabala (August 8, 1996) X e. Letter from Cabals (October 5, 1995; 6 pages) X f. fax from Ken Lind (Oct. 15, 1996; 2 pages) X g. fax from Ken Lind (Oct. 17, 1996) X h. fax from Tom Hellerich (Oct. 17, 1996) X 13. Confined animal feeding operations control regulation X 962402 I hereby certify that the 40 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 Attorney's office on Nove er 1,1996. Todd A. Hodges urrent Planner II STATE OF COLORADO ) ) COUNTY OF WELD ) ```\\"� �1�/111111111p1,/////// 5/ ��//� /rte/ \� �01116C A?iff{ i•/rSWORN TO BEFORE ME THIS 7 day of J / v ' , 19 96. GP ' •pV L 1G . ``S NOT PUBLIC 1- T '•. ...',...C)`mot %,�'9TFy'••......••''QP`� MY COMMISSION EXPIRES MARCH 4, 1997 '// 111 111"" \Expires 962402 • COUNTY STAFF'S RECOMMENDATION FOR AMENDMENTS TO THE PLANNING COMMISSION RESOLUTION 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. Prior to recording the plat: a) The facility shall demonstrate compliance with the Confined Animal Feeding Operations Control (CAFO) Regulation. This shall be demonstrated by submitting a comprehensive manure run-off and process waste water handling plan, for a 2,000 head dairy,to the Weld County Health Department for rcview and approval. This plan shall include, but not be limited to the following: (1) Demonstration that all manure stockpile areas and wastewater collection, conveyance,and retention facilities are adequately constructed and sized to handle a twenty-five year, twenty-four hour storm event. This shall be conducted by a Registered Professional Engineer. (2) Demonstration that any waste water retention structure constructed after August 30, 1992, has been constructed with a lining material which does not exceed a seepage rate of 1/32"/day(1x10-6 cm/sec). This shall be conducted by a Registered Professional Engineer. (3) Demonstration that the facility has the ability to manage and land apply manure and waste water at agronomic rates in accordance with the CAFO Regulations. (4) Demonstration that adequate measures are in place to prevent any discharges except those which are allowed by the CAFO Regulations. (5) The schedule at which manure and waste water will be removed and applied to the land. (6) Other necessary measures which are required in order to comply with the CAFO Regulations. b) A dust abatement plan shall be submitted to the Weld County Health Department for review and approval. The facility shall have sufficient equipment available to implement dust control as required by the Weld County Health Department. c) A fly control plan shall be submitted to the Weld County Health Department for review and approval. 3. Prior to recording the plat: a. If applicable, the applicant shall submit to the Department of Planning Services evidence that an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit for the facility has been applied for. 9624^2 Planning Staff Recommendation USR-1091, Hirsch Dairy Page 2 b. The applicant shall submit to the Department of Planning Services evidence that,any existing septic system(s)which is not currently permitted through the Weld County Health Department has had an I.S.D.S. Evaluation done. In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. c. The operator shall submit and have approved by the Weld County Public Works Department a road improvements plan for the installation of a culvert on Weld County Road 78 for the Smith lateral. 4. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. • • 9624°2 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Hirsch Dairy USR-1091 1. The Site Specific Development Plan and Special Review permit is for a maximum 2000 head dairy operation(livestock confinement operation) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. Fugitive dust shall be controlled on this site. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. The facility shall be operated in a manner to control flies. 6. No permanent disposal of solid wastes, as defined in the regulations pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), shall be permitted at this site. 7. The facility shall maintain compliance with the Confined Animal Feeding Operations Control Regulations (5 CCR 1002-19) and , Section 47 of the Weld County Zoning Ordinance, as amended. 8. The applicant or operator shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. 9. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), measured according to Section 25-12-102, C.R.S. 10. Any required NPSES Permit shall be maintained in compliance with the Water Quality Control Division of the Colorado Department of Health. 11. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance, as amended. 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. The facility shall not discharge to surface or groundwater with exception to what is allowed by the Confined Animal Feeding Operations Control Regulations. 15. Waste materials, not specifically addressed by other development standards, shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9624"2 • Development Standards Hirsch Dairy, USR-1091 Page 2 16. The facility shall be operated in accordance,at all times,with the approved dust abatement plan. 17. The facility shall maintain records on-site,available for inspection during business hours, at all times,which demonstrates the following: a. That the wastewater collection, storage, and land application facilities are adequately constructed, and sized to handle a twenty-five year,twenty-four hour storm. These shall include construction as-built, engineered drawings,etc. b. The schedule in which manure will be removed and applied to land. This should also include any agreements between the facility and other parties concerning the removal of manure off-site for land application,treatment or disposal. c. The method in which wastewater and/or manure will be applied to land, including the procedure which will be used to insure that agronomic rates are not exceeded. d. Other measures which are in place to insure that the facility is operating as a "No- discharge"facility. e. The liner for all process wastewater retention structures has been constructed of low permeability materials so as not to exceed a seepage rate of 1/32"/day (1x10-6 cm/sec). 18. 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. 19. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Any other changes shall be filed in the office of the Department of Planning Services. 20. 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. 962402 4* MEMORANDUM WIiDcTO: Board of County Commissioners November 18, 1996 COLORADO From: Todd Hodges g SUBJECT: USR-1091 (Hirsch Dairy) Attached are two additional memos from Trevor Jiricek with the Weld County Health Department. Department of Planning Services staff recommends that the Board review the additional memos and consider amending the Planning Commission's recommendation to incorporate the additional conditions. The condition in the memo dated October 29, 1996 would become condition of approval 3e in the Planning Commission resolution. The conditions in the memo dated November 7, 1996 would become condition of approval 4e in the Planning Commission resolution. The Department of Planning Services staff, through a phone conversation on Friday, November 15, 1996 with Kenneth Lind, have been made aware that the Town of Severance is planning annexation of the NW/4 of section 25 located east and adjacent to WCR 23; south and adjacent to WCR 78 and directly south of the Hirsch Dairy across WCR 78. As of today, the Department of Planning Services' staff have not received any written confirmation of the Town of Severance's plans for annexation. Mr. Lind also indicated that the Town of Severance, at their last meeting, voted unanimously for the denial of the Hirsch Dairy proposal. EX, � �— 962412 awi ifr mEmoRAnDum ������• Todd Hodges, W.C. Planning Department Oc b r 29, 1996 To Date COLORADO From Trevor Jiricek, Weld County Health Departmen Subject: Case Number: USR-1091 Name: Hirsch Dairy Upon review of our previously submitted referral (dated October 8, 1996), concerning the Hirsch Dairy, we have found that an amendment is appropriate to adequately address the Divisions concerns. We request that you add the following language as 2. E. to our previously submitted referral: 2.E. The liner for all process wastewater retention structures has been constructed of low permeability materials so as not to exceed a seepage rate of 1/32"/day (1 X 10-6 cm/sec). tjA484 yh.i 1C' Cr+n^"rt r 9lannifil g Dept. OCT 3 '_. 1996 Ewa 9624.02 mEmoRAnDum Todd Hodges Weld County Planning November 7, 1996 ;'J COLORADO To te Trevor Jiricek, Supervisor, EnviOreonmental Protection Services\ From Case Number: USR-1091 Name: Hirsch Dairy Subject: As you are aware, it was our Departments intention to have reviewed, commented, and approved, if appropriate, the manure and waste water management plan (the plan) for the Hirsch Dairy prior to the Commissioner hearing. However, as of today, our Department has not received a final version of the plan. Therefore, we recommend that the following standard replace standard #1 as previously submitted in our referral, dated October 8, 1996. This will also allow the Colorado Department of Public Health & Environment to review and comment on the plan. The standard is as follows: 1. Prior to recording the plat: a) The facility shall demonstrate compliance with the Confined Animal Feeding Operations Control (CAFO) Regulation. This shall be demonstrated by submitting a comprehensive manure run-off and process waste water handling plan, for a 2,000 head dairy, to the Weld County Health Department for review and approval. This plan shall include, but not be limited to the following: (1) Demonstration that all manure stockpile areas and waste water collection, conveyance, and retention facilities are adequately constructed and sized to handle a twenty-five year, twenty-four hour storm event. This shall be conducted by a Registered Professional Engineer. (2) Demonstration that any waste water retention structure constructed after August 30, 1992, has been constructed with a lining material which does not exceed a seepage rate of 1/32" /day (1 X 10-6 cm/sec) . This shall be conducted by a Registered Professional Engineer. (3) Demonstration that the facility has the ability to manage and land apply manure and waste water at agronomic rates in accordance with the CAFO Regulations. (4) Demonstration that adequate measures are in place to prevent any discharges except those which are allowed by the CAFO Regulations. (5) The schedule at which manure and waste water will be removed and applied to the land. (6) other necessary measures which are required in order to comply � . with the CAFO Regulations. 362402 U 996 Hirsch Dairy November 7, 1996 Page 2 . ,_.. b) A dust abatement plan shall be submitted to the Weld County Health Department for review and approval. The facility shall have sufficient equipment available to implement dust control as required by the Weld County Health Department. c) A fly control plan shall be submitted to the Weld County Health Department for review and approval. The Division will likely place additional conditions upon the facility after review of the plan. This is based on review of the preliminary plan which indicates that the facility may not currently have adequate retention capacity or available land for application of wastes for a 2,000 head dairy. In addition, because items b and c (above) duplicate standards previously submitted in our memo of October 8, 1996, the Division recommends that you delete standard #12 and the second sentence of standard #13. Further, we recommend the addition one more development standard. It is as follows: • The facility shall operate in accordance the approved dust abatement plan. If you have any questions, please call me at extension 2232. • 361:47492 STAFF SUMMARY SHEET Planner: Todd A. Hodges Case Number: USR-1091 Applicant: Hirsch Dairy Request: To receive a Special Review Permit and Site Specific Development Plan for a maximum 2000 head dairy (confined animal feeding operation) in the A (Agricultural) zone district. Legal Description: Located in Section 24, T7N, R67W of the 6th P.M., Weld County, Colorado. Location: North and adjacent to WCR 78; east and adjacent to WCR 23. Acerage: 240 acres, more or less Fire Protection: Windsor/Severance Fire Protection District Referrals without concerns: - Weld County Public Works Department - North Weld County Water District - Windsor Fire Department - Weld County Building Inspection Department Referrals with comments/conditions: - Weld County Health Department - Town of Severance - Corps of Engineers Department of Planning Services' staff recieved a letter of objection from a surronding property owner and numerous phone calls concerning this case. The letter is included in the information packet. EXHIBIT 962402 HEARING DATE: October 15, 1996 PLANNER: Todd A. Hodges CASE NUMBER: USR-1091 NAME: Hirsch Dairy ADDRESS: 11283 Weld County Road 78 Eaton, CO 80615 REQUEST: A Site Specific Development Plan and Special Review Permit for a 2000 head dairy operation in the A (Agricultural) zone district. LEGAL DESCRIPTION: Located in Section 24, T7N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North and adjacent to Weld County Road 78; approximately 1/4 mile east of Weld County Road 23 . ACRES: 240 acres, more or less PARCEL NUMBER: 0705 24 000016 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 Sections 24.7 of the Weld County Zoning Ordinance, as amended,. 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 amended, as follows: A. Section 24.3.1.1--This proposal is consistent with the Weld County Comprehensive Plan, as amended. This proposal is for a maximum 2000 head dairy and feed production on the site, all of which are agricultural uses consistent with A.Goal 1 and O.Goal 1 of the Weld County Comprehensive Plan, as amended by ensuring the preservation of prime farmland for agricultural proposes which will foster the economic health and continuance of agriculture. B. Section 24.3 .1.2--This proposal is consistent with the intent of the A (Agricultural) zone district. The property is zoned A (Agricultural) and the proposed uses are provided for by approval of a Use by EXHIEUT 024i 96'4"2 USR-1091 Hirsch Dairy Page 2 Review Permit. This proposal is consistent with A.Policy 1 of the Weld County Comprehensive Plan, as amended by locating in the Agricultural zone district which was established to protect and promote the County's agricultural industry. C. Section 24.3.1.3--The uses which will be permitted are compatible with the existing surrounding land uses. The surrounding properties are zoned A (Agricultural) . There is a sheep feeding operation to the northeast of the property, residential and agricultural uses to the east, agricultural production to the south, and a cattle feeding operation to the west. This proposal is consistent with A.Policy 4.1.8 of the Weld County Comprehensive Plan, as amended by clustering the uses on the site to minimize the impacts on the remainder of the site as well as the surrounding agricultural land. Conditions of approval and development standards ensure that the proposed uses will remain compatible with the existing surrounding land uses. D. Section 24.3.1.4--The proposed uses will be compatible with future development of the surrounding area as permitted by the A (Agricultural) zone district and with the future development as projected by the Comprehensive Plan or Master Plan of affected municipalities. As stated above, this site is located in the Agricultural zone district and the proposed uses are agricultural. The site lies within the referral boundary of the Town of Severance. The Town of Severance reviewed this proposal and indicates there will be excessive traffic, too many animals, and is not compatible with the surrounding agricultural uses. The concerns of the Town of Severance dealing with excessive traffic and too many animal units are addressed by the conditions of approval and development standards. The concern about compatibility with surrounding land uses is addressed in 2C above. E. Section 24 .3 .1.5--This proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. F. Section 24 .3 .1.6--The applicant has demonstrated a diligent effort to conserve productive agricultural land by the design of the site. The pens and structures are clustered and the remainder of the site will remain in feed production. - ` 962402 USR-1091 Hirsch Dairy Page 3 G. Section 24.3.1.7--The Design Standards (Section 24.5 of the Weld County Zoning Ordinance, as amended) , Operation Standards (Section 24.6 of the Weld County Zoning Ordinance, as amended) , Livestock Feeding Performance Standards (Section 47, Weld County Zoning Ordinance, as amended) , conditions of approval, and Development Standards ensure that there is adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials 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. Prior to increasing the number of cows on-site beyond 1572 the facility shall submit an amendment to the Manure and Wastewater Plan to the Weld County Health Department for review and approval. The Plan shall demonstrate the following: A. Storage volume is available in the on-site retention basin for the additional cows. B. A description of the method which the facility will incorporate to manage excess wastewater. In the event Waste water will be hauled off the property the applicant shall provide the owner and location of any application area or disposal and treatment facility. 3. The facility shall maintain records on-site, available for inspection during business hours, at all times, which demonstrates the following: A. That the wastewater collection, storage, and land application facilities are adequately constructed, and sized to handle a twenty-five year, twenty-four hour storm. These shall include construction as-built, 962402 engineered drawings, etc. B. The schedule in which manure will be removed and applied to land. This should also include any agreements between the facility and other parties concerning the removal of manure off-site for land application, treatment or disposal. C. The method in which wastewater and/or manure will be applied to land, including the procedure which will be used to insure that agronomic rates are not exceeded. D. Other measures which are in place to insure that the facility is operating as a "No-discharge" facility. 4. Prior to recording the plat: A. If applicable, the applicant shall submit to the Department of Planning Services evidence that an Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit for the facility has been applied for. B. The applicant shall submit to the Department of Planning Services evidence that any existing septic system(s) which is not currently permitted through the Weld County Health Department has had an I.S.D.S. Evaluation done. In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. C. A dust abatement plan shall be submitted to the Weld County Health Department for review and approval for the expansion of the facility. The facility shall have sufficient equipment available to implement the dust control as required by the Health Department. D. A fly control plan shall be submitted to the Weld County Health Department for review and approval. The plan shall be implemented at the request of the Weld County Health Department in the event that flies (which can be determined to be associated with the facility) are in such number to be considered a nuisance condition. 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 962402 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Hirsch Dairy USR-1091 1. The Site Specific Development Plan and Special Review permit is for a maximum 2000 head dairy operation(livestock confinement operation) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3 . Fugitive dust shall be controlled on this site. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. The facility shall be operated in a manner to control flies. 6 . No permanent disposal of solid wastes, as defined in the regulations pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) , shall be permitted at this site. 7. The facility shall maintain compliance with the Confined Animal Feeding Operations Control Regulations (5 CCR 1002-19) and , Section 47 of the Weld County Zoning Ordinance, as amended. 8 . The applicant or operator shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. 9. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A) , measured according to Section 25-12-102, C.R.S. 10. Any required NPSES Permit shall be maintained in compliance with the Water Quality Control Division of the Colorado Department of Health. 11. All construction on the property shall be in accordance wj..th ...the requirements of the Weld County Building Code Ordinance, as amended. 962402- USR-1091 Hirsch Dairy Page 6 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended. 13 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 14. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. 15. The facility shall not discharge to surface or groundwater with exception to what is allowed by the Confined Animal Feeding Operations Control Regulations. 16. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 17. 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. 18. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Any other changes shall be filed in the office of the Department of Planning Services. 19. 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. 962402 OCT-15-1996 09=36 P.01 I • 6 �� y_y 3 a M a Tii E l e I S O ° i as 111111iÜ1O1 $$3c = 1 I$OHIIIIOI 16'1mE 11 r 6 ãOOOiiiiiii a .- .: f c 9 son gin NI -5 in UJ 4 atal t 115 tha Ii 3 HS ass 114 1 TOTAL P.01 10/15/96 08:31 TX/RX N( 9624')2 li Todd Hodges Weld County Planning October 8, 1996 Trevor Jiricek,Supervisor, Environmental Protection Services Case Number: USR-1091 Name: Hirsch Dairy SE4 of Section 03,Township 05 North, Range 64 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. The updated Manure and Wastewater Management Plan (the Plan), dated ??????,states that the facility's retention basin currently has adequate storage volume for wastewater generated by approximately 1,774 cows. In addition,the Plan states that the facility has enough land to surface apply Waste water generated by 1,572 cows. Therefore, prior to increasing the number of cows on-site beyond 1,572 the facility shall submit an amendment to the Plan for review and approval to the W.C. Health Department which demonstrates the following: A) Storage volume is available in the on-site retention basin for the additional cows. B) A description of the method which the facility will incorporate to manage excess wastewater. In the event Waste water will be hauled off the property the applicant shall provide the owner and location of any application area or disposal and treatment facility. 2. The facility shall maintain records on-site, available for inspection during business hours, at all time which demonstrate the following: A. That the wastewater collection,storage, and land application facilities are adequately constructed,and sized to handle a twenty-five year twenty-four hour storm.These shall include construction as-built,engineered drawings, etc. B. The schedule in which manure will be removed and applied to land. This should also include any agreements between the facility and other parties concerning the removal of manure off-site for land application,treatment or disposal. C. The method in which wastewater andlor manure will be applied to land, including the procedure which will be used to insure that agronomic rates are not exceeded. D. Other measures which are in place to insure that the facility is operating as a "No-discharge"facility. 3. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors,flies, insect pests, or pollutant runoff. Emma $62402 4. The facility shall operate in compliance with the Confined Animal Feeding Operations Control Regulations (5 CCR 1002-19)and Weld County Zoning Ordinance, Section 47. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. The facility shall not discharge to surface or groundwater with exception to what is allowed by the Confined Animal Feeding Operations Control Regulations. 7. An Air Pollution Emission Notice(A.P.E.N.)and Emissions Permit maybe required for this facility. If applicable,the applicant shall submit an application to the Air Pollution Control Division, Colorado Department of Health. 8. No permanent disposal of solid wastes, as defined in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities(6 CCR 1007-2),shall be permitted at this site. 9. Waste materials shall be handled,stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 10. Fugitive dust shall be controlled on this site. 11. Any existing septic system(s)which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate,the system(s) must be brought into compliance with current I.S.D.S. regulations. 12. A dust abatement plan shall be submitted to the Health Department for approval prior to any expansion of the operation. The facility shall have sufficient equipment available to implement the dust control as required by the Health Department. 13. The facility shall be operated in a manner to control flies. A fly control plan shall be submitted to the W.C. Health Department for review and approval. The plan shall be implemented at the request of the W.C. Health Department in the event that flies (which can be determined to be associated with the facility) are in such a number to be considered a nuisance condition. This plan shall be implemented in the event the W.C. Health Department receives a significant number of fly (associated with the facility)complaints and, in the judgement of the Health Officer,there exists a fly condition requiring abatement. TJ/463 9624g2 10/11/96 14:37 e9703561111 THE LAW BUILDING 0002/003 LIND, LAWRENCE & OnENIJOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY.COLORADO 80632 GEORGE H.orrENHOFF KENNETH F.LINO (970)35HON3 KIM R.LAWRENCE 356.91 (970)356.9160 JEFFREY R.BURNS 970) ( COPQ!R (970)356-1111 October 11, 1996 Mr. Victor Sainz, P.E. District Engineer Colorado Department of Health Water Quality Control Division 4300 cherry Creek Drive South Denver, CO 80222-1530 Re: Hirsch Dairy (West Half of Section 24, T7N-R67W, Weld County) Dear Mr. Sainz ; As a follow-up to our letter dated October 3, 1996, we have received information from an employee of the Hirsch Dairy as to the actual number of livestock on premises at the Hirsch Dairy. You had previously informed me that Mr. Hirsch stated that he had a maximum of 650 head of liveatock at the dairy. Information we have received indicates that there are substantially more livestock at the dairy than reported. The Hirsch Dairy employee indicated that during September and October of 1996 there were between 750 and 775 head of milking cows; 150 head of dry cows; between 50 and 100 calves; and between 100 and 150 younger heifers located on the hill East of the Smith lateral; and approximately 20 cows in sick pens . Needless to say, if you use the regulation factor of 1 .4 for a mature caw, it is only necessary to take into account the milking cows to reach the 1, 000 head threshold for the months of September and October, 1996. For months prior to September and October of 1996, this employee reported that there have been 725 milking cows in the dairy since April of 1996. The numbers of dry cows, calves, heifers and sick cows were approximately the same figures provided for September and October. Thus, for the time period from April to September of 1996, using 725 milking cows plus only 100 dry cows. again you reach the 1, 000 head threshold. F:\KFL\LINO\SAENz.2 p1an��ng peps. �1eld 00101 EXHIBIT o 1 111996 1 �� et) . 362492 10/11/96 14:37 TX/RX N0.5zco 10/11/96 14:37 O9703561111 [HE LAW BUILDING O003/003 Mr. Victor Sainz, P.E. October 11, 1996 Page 2 Due to the large discrepancy in numbers being reported to you by Mr. Hirsch versus the statement of the employee, we would suggest that a count be taken. This employee also reported that records of cow numbers are kept in the feed trucks and those records are kept on a weekly basis which would confirm the numbers reported by this employee. Additionally, Mr. Hirsch retains a computer record program which provides information on the cows, their numbers, milk production and other information. We would suggest that you request this information from Mr. Hirsch at a personal visit so that there is no opportunity for these records to be lost or misplaced. Very truly yours, LIND, LA N E ENHOFF Kenneth F. Lind KFL/cg pc : Trevor Jiricek, Weld County Department of Health Todd Hodges, Weld County Department of Planning Services F:\KFL UND\SAEN2.2 10/11/96 14:37 TX/RX N0.5225 P.003 MEMORANDUM II`Pe TO: Weld County Planning Commission August 20, 1996 COLORADO From: Todd A. Hodges /^1/ SUBJECT: USR-1091(Hirsch Dairy) The applicant is requesting a continuance of USR-1091 to address the issues of Trevor Jiriceck's memo dated July 24, 1996 and the fact that the applicant's representative could not be present for todays hearing. The Weld County Health Department is also requesting a continuance until the applicant has demonstrated that the facility can comply with the Confined Animal Feeding Operation Regulations. Attached is a letter from Kenneth Lind dated August 19, 1996 indicating that a continuance to October 1, 1996 is not an acceptable date. Mr. Lind indicates that the October 15, 1996 or the November hearing dates would be acceptable. Weld County Department of Planning Services' staff recommends that the hearing for USR-1091 be continued to October 15, 1996. 962492 EXHIBIT a,✓ 08/19/96 10:29 '5'9709561111 THE LAW BUILDING IZI 002/002 LIND, LAWRENCE & OITENHOFF ATTORNEYS AT LAW 771E LAW BUILDING 1011 BLRVRNTN AVi.IUB Y.O.BOX 326 [mLA'.COLORADO 60634 GEORGE N.ODtF$NOPF TBLIIPHONE W(NE1'H F.LIND '-.--X7323 XBN R.LAWRm7CB 0170)356.9360 TEL13COFIER JEFFREY R.BURNS (170)356-1611 August 19, 1996 Via: Facsimile and Parcel Post Department of Planning Services 1400 N. 17th Avenue Greeley, CO 60631 RE: OBR-1091(Hirsoh Dairy) Attn: Todd Hodges Dear Mr. Hodges: - We have been provided a copy of your letter dated August 15, 1996 concerning a request to continue this item to October 1, 1996. Please be advised that October 1, 1996 is not an acceptable date. This firm represents parties opposing the dairy, and my calendar had been arranged to be present for the August 20, 1996 hearing. I have a scheduling conflict for October 1, 1996 and object to the matter being continued to that date. However, I am available for October 15, 1996 and November dates are also open. I am further advised that another representative, Tom Hellerich, also has scheduling conflicts for October 1, 1996 and requests that the matter be rescheduled to October 15, 1996. Very truly yours, LIND, LAWR CE & ENHOFF Ka a ind KFL/en Weld County Planning Dept. A:Va'L\LETCPR91 WCFLANNI.L1R AUG 1 9 1996 CEIVEr 962402 EXHIBIT IJa2a 08/19/96 10:29 TX/RX NO.4802 P.002 II DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT.3540 C. WELD COUNTYGREELEY, AVENUE E 0 N. 17TH 1 COLORADO May 23, 1996 John H. Chilson 6610 Chokecherry Drive Loveland, CO, 80537 Subject: USR-1091 (Hirsch Dairy) Dear Mr. Chilson: Thank you for your letter of March 6, 1996 concerning the additional information for the Hirsch Dairy Special Review application. I have reviewed the questionnaire response and it appears to be much more comprehensive than the previous submittal, however did not address the existing housing or ditch located on the site. Prior to setting a hearing date before the Weld County Planning Commission, the applicant must submit to the Department of Planning Services copies of the complete application packet for referral review. The following is a list of the items required to proceed with the review and hearing process: 1. An updated surrounding property owner list, 2. 19 copies of the complete application materials, 3. 10 additional copies of the revised site plan. Once the required application materials are submitted to the Department of Planning Services, a Planning Commission hearing date will be scheduled. I have enclosed a USR procedural guide for your convenience. If you have any questions, I may be reached at the number or address above. Sincerely, Todd A. Hodges Lead Planner pc: USR-1091 case file enclosure EXHIBIT I cz 962402 JOHN H. CHILSON Weir' _.,_ . r'!nInning Dept. Attorney At Law 6610 Chokecherry Drive Loveland, Colorado 80537 eat.* APR 0 8 1996 303-667-3214 EECEIVED E IV E D April 5, 1996 Mr. Todd Hodges Weld County Planning Division 1400 N. 17th Avenue Greeley, CO 80631 RE: Hirsch Dairy Special Review Dear Mr. Hodges : I have not received a response concerning the completeness of the submittals for this special review nor as to the timing for the planning commission hearing. Could you please advise me if there is anything additional for the applicant to submit to you and also as to when the planning commission hearing will be set. I will be out of the state for the next 15 days, so would you please send a copy of your reply to Mr. Jake Hirsch, Jr. so that if additional submittals are necessary, he can get to work on them. Thank you for your assistance in this matter. ----Truly yours, John H. Chilson JHC: lm Copy: Jake Hirsch, Jr. mfimij L 962402 AUG-14-1996 11'53 HAMMOND, CLARK & WHITE 9706699380 P.02 I JOHN H. CHILSON Attorney At Law - -)r,pt, 6610 Chokecherry Drive k _ Loveland, Colorado 80537 WC 303-667-3214 i August 14, 1996 ABU ' 4r ]3 i`i Mr. Todd Hodges CEI Y ED Weld County Planning Department fl It 1400 Korth 17th Avenue Greeley, Colorado 80631 Re: Hirsch Dairy Dear Todd, This will confirm our telephone conversation today about the continuance of the planning commission pubilic hearing on the above special-review application. Mr. Jake Hirsch, the applicant, and I first became aware of a potential problem with this application involving waste disposal when I talked with you by phone; during the last week in July. At that time, I was unaware! that a firm date for the hearing had been set for August. 20th. In that conversation, I informed you that I wanted to get Mr. Hirsch's engineers together with the County Health Department staff in order to resolve apparent discrepancies in their respect- ive analyses . You agreed that would be the best procedure. You then informed me that a planning commission hearing had been scheduled. I responded that the hearing would have to be continued so that we could get the waste disposal situ- ation resolved because it was a major health and safety issue and no applicant could expect a favorable decision against a negative health department report. You acknowleged that this was true and stated that a continuance would be the best alternative. We then discussed a possible date for a meeting with the health department, you, Mr. Hirsch and his engineers . August 20th was mentioned as a possibility. I said I would have Mr. Hirsch contact his engineers and then get in touch with you directly. At no time during this conversation did you inform me that the applicant should make a formal written request for a planning commission continuance. You and I agreed that a continuance was justified and necessary to cone with an issue which had been raised only at the last minute. This application and its waste disposal design havelbeen under processing by your department for over nine months , with no prior indication from you or the health departtent of any problem. Only after a hearing date has been set does this problem get raised. And today you inform me for the first time that a formal request for continuance is needed, that the planning commission has discretion not to grant a continuance, that no notice has been given to the commission or other interested parties of a continuance, and that it's possible that the hearing may be held anyway. ! A continuance of the August 20, 1996 planning commission hearing on this application is requested, just as it was back in July when there was plenty of time to notify all _� ! li EXHIBIT� 962402 � 08/14/96 10:46 TX/RX N0.4771 P.002 IN PUG-14-1996 11:54 HAMMOND, CLARK & WHITE 9706699380 P.03 loan xoages is/14/96 Page 2 concerned. This situation involves an issue of basic fairness to Mr. Hirsch. I was not notified of the hearingldate, when it was set, and I have a long-standing commitment which will take me outside the state from August 16to 25 . Had I received notice, an immediate request for continuance would have been made. I simply cannot be present for an August 20 hearing. Without my presence, Mr. Hirsch alone cannot cope with the complex issues raised bythe health department, nor with the considerable opposition of which you are aware and which involves two private attorneys against him. Fault, if any exists , requiring this continuance does not lie with Mr. Hirsch. There has been no failure on his part d in providing all documentation and information in a timely manner as requested by your department. My representation of him in this matter. has been of record since last November. Lastly, it is the purpose of special review proceedings to ensure that the proposed use poses no healthand safety threats to the surrounding area. How can such a purpose be carried out in a hearing at a time when a 'firm of environmental engineers says one thing and the county health department says another? Public hearings are not problem-solving forums, and the public will be 'poorly served by a process which favors expediency- over substantive planning and engineering. Truly yours , John H. Chilson • cc : Jake Hirsch Pat Stratton • Lee Morrison TOTAL P.03 9624.2 08/14/96 10:46 TX/RX NO.4771 P.003 JOHN H. CHILSON Attorney At Law 6610 Chokecherry Drive Loveland, Colorado 80537 303-667-3214 August 12 , 1996 Mr. Todd Hodges Weld County Planning Department 1400 North 17th Ave Greeley, Colorado 80631 Re: Hirsch Dairy Dear Todd; I am sorry that we have such a hard time reaching each- other. Summer is a difficult time for me as I farm two places - which is my main summer_ business - and I know it is often difficult to get me by phone. I certainly apprec- iate your efforts , however. Jake Hirsch called me last week in a panic over the posting of his property with notice of a planning Com- mission hearing for August 20th. I assured him that the posting was a mistake , since you and I had discussed the matter and had agreed to postpone the public hearing until after we could all meet on the lagoon/wastewater issues raised by the county health department . Jake indicated that August 20th might be the date for a meeting with you and the health department when he could have a member of his engineering firm present . I told him that I would be out of the state that week and could not attend, but that if the 20th was agreeable to everyone else, the meeting should be held. Of course, I would prefer that the meeting occur when I 'm available, since the issue is a critical one in the special review process . If there ' s any possibility of holding it the following week, I am available at any time; therefore, I would appreciate any help you can give in setting it up between the 26th and the 30th. Could you please call Jake and let him know that the planning commission hearing will not take place on August 20th. It will be a relief to him to hear it from you. Truly yours , Pelt � • � plane►119 John H. Chilson WeldCountl IWO 13 1996 RECEIVI 0.2k ED examen 9624i2 � tw MEMORANDUM TO: Weld County Planning Commission October 17, 1995 COLORADO From: Todd Hodges SUBJECT: USR-1091 The Department of Planning Services' staff and the applicant requests that the hearing for USR-1091 be continued to a later date. The applicant has been working on gathering additional information for the review of this proposal and the new information has not been forwarded to the referral agencies for review and the opportunity to comment based on the information. Staff is requesting that case USR-1091 be continued indefinitely to give the applicant the opportunity to provide all pertinent information and for referral agencies to have an opportunity to review the information and comment on the proposal. When a new date can be set, the Department of Planning Service's Staff will notify the surrounding property owners, post a new sign, give notice in the paper. The additional information will be either mailed or hand delivered to you after the applicant has gathered the pertinent information to this proposal. • EXHIBIT azi 962412 HIRSCH DAIRY /1283 Weld County Rd 78 Eaton, Co. October 16 , 1995 Weld County Planning Commission Weld County Offices Greeley, Colorado This letter is to request a continuance of the planning commission hearing on my special-use request for the expansion of my dairy herd. When I first started this process , I didn' t under- stand how complicated it was . I thought since my land is in an Agricultural zone, I could pretty much handle the paper work myself. But even though the planning staff has been very helpful, I now have to admit that I don' t know how to do all of the things that are needed. So I have recently hired some help , but not in enough time to get ready for this hearing on October 17 , 1995 . Mr. Todd Hodges of the planning department has been working with me on this and can tell you that while I have supplied a lot of information, more is needed before the matter should come before you. My lawyer has advised me that at least two more months will be needed to do the work properly and that since I have the burden of proof, I can' t afford to go to a hearing with you until I am totally prepared. So I am asking that my hearing date be continued to your meeting date in January of 1996. I regret any inconvenience which this request may cause you or other citizens who are interested in this matter . But my financial future is at stake here and I want to make sure that everything is done which should be done before my case is presented to you. Sincerely, AP-c-2 l ( EXHIBIT 36241 i&t(ftri MEMORANDUM TO: Weld County Planning Commission September 7, 1995 COLORADO From: Todd Hodges SUBJECT: USR-1091 The Department of Planning Services' staff and the applicant requests that the hearing for USR-1091 be continued to a later date. Additional information has surfaced and requires review by referral agencies and staff prior to making a recommendation. Staff recommends that the hearing for USR-1091 be continued to October 17, 1995. EXHIBIT 96:7,112 put -31-95 THU 03 :33 PM HIRSCH DAIRY 303 223 3625 P_ O2 • cc) ty HIRSCH DAIRY O r.43 11283 WELD COUNTY RD. 78 .Ft EATON. COLORADO 80615 Q tj)�- PHONE: ( 970) 686-5380 August 31, 1995 Dept. of Planning Services Weld County Administrative Offices 1400 North 17th Ave. Greeley, co. 80631 RE: USR -1091 Attention Mr. Todd Hodges: We request a continuance of the meeting schedule for September 7, 1995 due to additional data needed. Thank you. HIRSCH DAIRY Jake irgch II Own JII:AML EXHIBIT _ ate_ 962402 08/31/95 14:39 TX/RX N0.1781 P.002 cit DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 C. WELD COUN REDEILEINISTRATIVE OFFICES 4 00COLORADON17THVENU 80631 COLORADO July 3, 1996 Hirsch Dairy 11283 WCR 78 Eaton, CO 80615 Subject: USR-1091 - Request for a Site Specific Development Plan and Special Review Permit on a parcel of land described as located in Section 24, T7N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for August 20, 1996, 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 may have. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Town of Severance Planning Commission for its review and comments. Please call Terrie Wilder at (303) 659-6273 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. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. EXHIBIT I -a _ 962492 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectf Ily, Todd A. Hodges Lead Planner 962492 ‘itHe rs(tf DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO July 28, 1995 Hirsch Dairy 11283 Weld County Road 78 Eaton, CO 80615 Subject: USR-1091 - Request for a Site Specific Development Plan and a Special Review permit for a 2000 head dairy on a 240 acre parcel in the A (Agricultural) zone district on a parcel of land described as a portion of Section 24,T7N, R67W of the 6th P.M., Weld County, Colorado. Dear Sirs: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for September 7, 1995, 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 may have. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation conceming this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Todd Hodges Current Planner 962492 Weld County Planning Dept. FIELD CHECK JUL 2 6 1996 RECEIVED FILING NUMBER: USR-1091 DATE OF INSPECTION: %' z3' /-4 APPLICANTS NAME: Hirsch Dairy CURRENT PLANNER: Todd A. Hodges REQUEST: Site Specific Development Plan and Special Review Permit fora 2,000 Head Dairy in the A (Agricultural) zone district. LEGAL DESCRIPTION: Located in Section 24, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North and adjacent to Weld County Road 78; approximately 1/4 mile east of Weld County Road 23. For a more precise location, see legal. LAND USE: N f��� �a 9 R.•�'J� SA4 y E /%as74 7/-'I A 1'/% Ci,� 6.#7y�/�), o.,/ ✓ Rs�� S �iJ ? J G. T Yom/ /10..-ei jO:' c.75.7- W<IRA,/ 6711c) •J W,I4 1--,9P,47 f 4,//S S,.74J/ CSC//,. ZONING: (N A(Agricultural) LE A(Agriculturral) CS A(Agricultural) W A(Agriculture COMMENTS: // "----.151-S / go%�1 /7v•n s s .�..-.rJ -LehiC/43 7-- "7-t . S ��?4 6:4 L f',evy s-ty -Lv Ind J // /lam 1/Ky /1// 6-! 6 • G EXHIBIT I ago 962402 Hello