HomeMy WebLinkAbout982562.tiff C( eld County Planning Dept.
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Weld County Referral •
OCT 15 aggg
September 18, 1998
COLORADO eEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant John and Ellen Moser Case Number USR-1201
Please Reply By October 12, 1998 Planner Julie A. Chester
.Project Site Specific Development Plan and Use by Special Review Permit for an
agricultural service establishment for a livestock confinement operation dairy, for f
6000 head of cattle in the A(Agricultural) zone district. t
Legal Sections 28 and 29, T3N, R65W of the 6th P.M., Weld County, Colorado. I .
Location North of and adjacent to Weld County Road 28 and east of Weld County Road 39.
Parcel Number 1213 28 000001
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 3, 1998
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
fri See attached letter.
Comments:
Signature coal / ,1. Date to 3/9g
Agency bxr6-.vSrc,)
••Weld County Planning Dept. :•1400 N. 17th Ave. Greeley, CO. 80631 t(970)353-6100 ext.3540 •)(970)352-63 ^`
1 ER,HIBIT
982562 I
CO104=
University
Cooperative Extension
Colorado State University
Weld County Extension Office
425 North t5th Avenue
Exhibition Building,Island Grove Park
Greeley,Colorado 80631
October 13, 1998 (970)356-4000 Ext.4465
FAX: (970)351-0415
Julie Chester, Planner
Weld County Planning Department
1400 N 17th Avenue
Greeley, CO 80631
Dear Ms. Chester:
I have received and reviewed John& Ellen Moser's (Morwai Dairy, LLC) request for a Use by
Special Review Permit, Case Number USR-1201, for construction and development of a 6000-
head dairy north west of Hudson. In addition, a site inspection was made to view the property
where the dairy is proposed.
The size of the proposed facility will require it to adhere to Confined Animal Feeding Operation
(CAFO) Regulations. There appears to be adequate evidence in the plan that these regulations
have been considered in the planning phase. The location of the proposed facility is very rural,
and proper consideration of neighboring landowners appears to have been given. Their plan
shows substantial efforts to preserve existing prime farm ground.
Weld County Extension has no objection to this proposal. If there are any questions, please do
not hesitate to contact me.
Sincerely,
4' i
7✓(4l
Keith R. Maxey
Extension Agent (Dairy/Youth)
Colorado State University.IT.S.Department of Agriculture and Weld County cooperating.
Cooperative Extension programs are available to all without diserintination.
MEMORANDUM
To: Julie Chester, W.C. Planning Date: October 1 98
From: Trevor Jiricek, W.C. Health Department7 �"
Re: Moser, John and Ellen/Morwai Dairy (USR-1201)
COLORADO
The Weld County Health Department has reviewed this application. We have compiled
numerous recommended conditions and standards. We have attempted to simplify our referral
by separating the proposed conditions into conditions of approval and development standards.
The following are recommended to be conditions of approval:
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 and waste water management plan, for a 6,000 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 existing or proposed waste water retention will be
constructed in accordance with the criteria described in the CAFO
Regulations. The demonstration shall be conducted by a Registered
Professional engineer.
(3) A site map demonstrating the layout of the site. This should include the
locations of all pens, structures, feed storage areas, any water courses
through the property, manure storage areas, lagoons, etc.
(4) A surface contour map which demonstrates all surface water control
features on the site. This should include surveyed surface elevations,
indicate flow direction, run-on control features, etc.
Weld County Planning l t, Demonstration that the facility has the ability to manage and/or land apply
manure and waste water at agronomic rates in accordance with the CAFO
OCT 1 6 1998 regulations.
RECEIVED
John and Ellen Moser/Morwai Dairy
USR-1201
Page 2
(6) Demonstration that adequate measures are in place to prevent any
discharges except those which are allowed by the CAFO Regulations.
(7) Other necessary measures which are required in order to comply with the
CAFO Regulations.
B) The facility shall demonstrate compliance with Section 47 of the Weld County
Zoning Ordinance.
C) In accordance with CAFO, the applicant shall submit the facility's manure and
waste water management plan to the Colorado Department of Public Health and
Environment for review and comment.
D) The applicant shall obtain ISDS permits, from the Weld County Health
Department, for any structure where people live, work, or congregate and insure
that the structure contains an adequate, convenient, sanitary toilet and sewage
disposal system in good working order. Any structure that will be served a septic
system, and have a design hydraulic flow of greater than 3,000 gallons (according
to the Weld County ISDS Regulations), must receive approval of the Colorado
Department of Public Health and Environment in accordance with the Regulations
for the Site Application Process (5 CCR 1002-22).
E) A dust abatement plan shall be submitted to the Weld County Health Department
for review and approval.
F) A fly control plan shall be submitted to the Weld County Health Department for
review and approval.
G) An odor control plan shall be submitted to the Weld County Health Department
for review and approval.
The following are recommended to be development standards:
1. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance,
at all times, with the approved dust abatement plan.
2. All liquid and solid waste shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
3. There shall be no permanent disposal of solid wastes, as defined in the Regulations
John and Ellen Moser/Morwai Dairy
USR-1201
Page 3
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
4. The facility shall maintain compliance with confined Animal Feeding Operations Control
Regulations (5 CCR 1002-19) and, Section 47 of the Weld County Zoning Ordinance, as
amended.
5. The maximum permissible noise level shall not exceed the light industrial limit of 70
db(A), measured according to Section 25-12-102, C.R.S.
6. Any required NPDES Permit shall be maintained in compliance with the Water Quality
Control Division of the Colorado Department of Public Health& Environment.
7. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance, as amended.
8. The facility shall not discharge run-off or other waste waters to surface or groundwater
with exception to what is allowed by the Confined Animal Feeding Operations Control
Regulations.
9. Wastes 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.
10. 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 surface beneath the manure storage areas shall be of materials
which are protective of State waters. These areas shall be constructed to minimize
seepage or percolation of manure contaminated water. In no event shall the facility
impact or degrade waters of the State in violation of the Confined Animal Feeding
Operations Control Regulation(5 CCR 1002-19).
11. The facility shall be operated in a manner which controls odor. Odors detected off site
shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. The odor
abatement plan shall be implemented at the request of the Weld County Health
Department in the event odor levels detected off site of the facility meet or exceed the
level of fifteen-to-one dilution threshold, or in the judgement of the Weld County Health
Officer, there exists an odor condition requiring abatement.
12. The facility shall maintain records on-site, available for inspection during business hours,
John and Ellen Moser/Morwai Dairy
USR-1201
Page 4
at all times, which demonstrates the following:
A. That the waste water collection and storage facilities are adequately constructed,
and sized to handle a 25-year 24-hour storm event.
B. The manner in which manure and waste water has been removed and applied to
land. This should also include any agreements between the facility and other
parties concerning the off-site removal of manure or waste water for land
application, treatment or disposal.
C. The method in which waste water and/or manure will be applied to land,
including the procedure which will be used to insure that agronomic rates are not
exceeded.
13. A spillage retention berm shall be required around any fuel container with a volume
greater than 50 gallons. The volume retained by the spillage berm should be greater than
the volume of the largest tank inside the berm.
14. The facility shall be operated in a manner to control flies. The facility shall be operated
in accordance, at all times, with the approved fly control plan. Additional fly control
measures 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
a number to be considered a nuisance condition. The plan shall also be implemented in
the event the Weld County Health Department receives a significant number of fly
(associated with facility) complaints, and in the judgement of the Weld County Health
Officer, there exists a fly condition requiring abatement.
15. Any septic system located on the property must comply with all provisions of the Weld
County Individual Sewage Disposal System Regulations.
16. There shall be no burning conducted at the site, with exception to burning defined as
"agricultural open burning" as defined by Regulation No. I of the Colorado Air Quality
Control Commission Regulations.
17. The facility shall be operated in accordance with the approved manure and waste water
management plan.
tj\1115
Le-
Kit ctte
Weld CounM an in
Wei bunty Referral
' OCT 1 3 1998
11 Ce September 18, 1998
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant John and Ellen Moser Case Number USR-1201
Please Reply By October 12, 1998 Planner Julie A. Chester
Project Site Specific Development Plan and Use by Special Review Permit for an
agricultural service establishment for a livestock confinement operation dairy, for
6000 head of cattle in the A (Agricultural) zone district.
Legal Sections 28 and 29, T3N, R65W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to Weld County Road 28 and east of Weld County Road 39.
Parcel Number 1213 28 000001
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) November 3, 1998
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑M We have reviewed the request and find no conflicts with our interests.
NI See attached letter
Comments:
Signature 41;* Date { 0 7 96
Agency (14411
uc( v c (n.)
•:Weld County Planning Dept. •'x1400 N. 17th Ave. Greeley, CO. 80631 (970)353-6100 ext.3540 :•(970)352-6312 fax
MI: .7\--
MEMORANDUM
WilD TO: Julie Chester, Current Planner DATE: October 9, 1998
CFROM: Donald Carroll, Engineering Administrator
•
COLORADO SUBJECT: USR-1201; John and Ellen Moser
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
The new access road to the proposed facility will be from the intersection of WCR 41 and WCR 28. These are both
designated as Collector Status roads on the Weld County Transportation Plan Map. Included in the packet is a
license to upgrade and maintain of rights-of-way on county roads This will be treated as a non-county maintained
section line access to the property.
The storm water drainage area will be referred to the Health Department as it is livestock related.
REQUIREMENTS:
The new access road will be elevated to the same height as the existing intersection to provide adequate sight
distance in both directions. A stop sign will be required at the intersection.
The section line access will be upgraded and maintained. The upgrade will consist of an all-weather access road
to accommodate two-way traffic at all locations.
The applicant has submitted a license to upgrade and maintain rights-of-way. This document needs to be
completed, signed, and notarized prior to recording the plat.
•
)� 1, -i.
Any utility work done within Weld County rights-of-way will require a permit. Please contact Don Somer, 356-4000,
ext. 3750, to obtain adequate permits prior to excavating.
• . The applicant should consider applying some magnesium chloride adjacent to the employee apartments and office
area to minimize dust adjacent to the access to the dairy facility.
cc: USR-1201
'Meld County Planning Dept.
planl9
Gy�OCT 13�19y98 el V D
PATA1NA
OIL& GAS CORPORATION
1625 Broadway, Suite 2000
Denver, Colorado 80202
(303) 389-3600
(303) 389-3680 Pax
October 2, 1998
Weld County Department of Planning Services
1400 N. 17th Avenue
Greeley, CO 80631 3
Re: USR-1201
Township 3 North, Range 65 West, 6th P.M.
Section 28: W''ANW'/
Weld County, Colorado
To Whom It May Concern:
Patina Oil & Gas Corporation ("Patina") owns oil and gas leasehold rights under the referenced
lands. Patina's leasehold rights include, among other things, the right of ingress and egress for
the purposes of exploration, development, completion, recompletion, re-entry, production and
maintenance operations associated with the Moser 28-4J and Moser 28-5J wells located on the
\' lands.
Patina is opposed to the Site Specific Development Plan and Use by Special Review Permit for
the livestock confinement dairy operation unless an agreement between the developer and Patina
regarding the relocation of flowlines and modification of wellheads is required as a condition of
approval.
Sincerely,
PATINA OIL & GAS CORPORATION
David W. Siple
Vice President
DWS/kkp
c: Curt Moore
PA'TA1NA
OIL& GAS CORPORATION
1625 Broadway, Suite 2000
Denver, Colorado 80202
(303) 389-3600
(303) 389-3680 Fax
November 4, 1998
Weld Colini Tannin Dept
Weld County Department of Planning Services u q
1400 N. 17th Avenue
Greeley, CO 80631 NOV 0 5 1998
RECHVED
Re: USR-1201
Townsbin 3 North, Ranee 65 West. 6th P.M
Section 28: W'/NWYa
Weld County, Colorado
To Whom It May Concern:
Patina Oil & Gas Corporation ("Patina") owns oil and gas leasehold rights under the referenced
lands. Patina's leasehold rights include, among other things, the right of ingress and egress for
the purposes of exploration, development, completion, recompletion, re-entry, production and
maintenance operations associated with the Moser 28-4J and Moser 28-5J wells located on the
lands.
Patina is no longer opposed to the Site Specific Development Plan and Use by Special Review
Permit for the livestock confinement dairy operation. An agreement between the developer and
Patina has been reached regarding the relocation of flowlines and modification of wellheads.
Sincerely,
PATINA OIL & GAS CORPORATION
David W. Siple
Vice President
DWS/kkp
S/kkp
c: Curt Moore
John Moser
KAISER-IR:ANCIS Oil, CONIP.AN1 pueuy 'ix,x nisA. OmLnuon1nui2i-i+rs
1,7 } south Pvlc Mc
(9IS)49-1-0000
October 22, 1998
UPS NEXT DAY AIR Weld County Planning Dept.
TRACKING NO. N141-2224-65-9
Department of Planning Services OCT 2 3 1998
Weld County Administrative Offices
1400 N. 17th Avenue RECEIVED
Greeley, CO 80631
Attention: Julie A. Chester, Planner
Re: Case USR-1201
John and Ellen Moser
Dairy Operation
Parts of Secs. 28 & 29-3N-65W
Weld County, CO
Dear Ms. Chester:
Reference is made to your letter of September 18, 1998 concerning the captioned
and the subsequent materials sent to Kaiser-Francis Oil Company ("Kaiser").
This is to advise that Kaiser has an oil and gas leasehold interest in certain depths
underlying the outline of the proposed operation in Section 28-3N-65W. Also, Kaiser
operates two producing wells in Section 28. Our Moser 22-28 is located in the SE/4 NW/4,
less than 500' east of the outline, and our Moser 41-28 is located in the NE/4 NE/4, as
shown on your plat attached. This is to advise that Kaiser is opposed to this facility and
operation being approved unless sufficient assurances are received that our access and
operations will not be affected on the existing wells we operate in Section 28. Further, we
request assurances that our rights to develop the leasehold owned by us within the outline
will not be restricted, should Kaiser deem it prudent to further develop the area.
Kaiser will have a representative present at the November 3 meeting. Thank you for
your cooperation in this matter. Please let me know if you have any questions or need to
discuss this further. My direct dial phone number is 918/491-4345, and my FAX number is
918/491-4694.
Your ery truly,
GCT✓�f.-GCe�C/
Patricia A. Graf, C.P.
Land Department
cc: EnviroStock, Inc., Go Thomas Haren
11990 Grant St., Suite 402
Denver, CO 80233
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