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Home My WebLink About952350.tiffI 0 E _C d O V ■ 0 a. w U • o m co co= O @ o CU m CU C c0 P t Phase One to Three 10 Million + O O 0 CO 0 0)COa o + O O O 0 O co c . N C to ._ 2 1O I' M N CD CO W 0 N U • C N al 12 L L O / O LA y -I C Co J C Ct a :° U Fo— # of Employees Q Ca a Cu C C Q Annual Property tax 4.2 Million + WIELD COUNTY n,irDr Ij /22 ✓? 0 ✓L o'cLcc1,,-t z c2c) /9 I <,Q2 c%7rwri 1,4 TA LJ 1995 OCT 26 PM 4: 08 CLERK TO THE BOARD .1/ iLet.c-4{"� . -eel /LK-}��-2‘c�2-0-y -,{O�( O%7 Gf/- (J�l_Ax,-- -iefti , f' �� // -mac k. L i Aze;— , 7.4_ c' ..(Ae yy Mitt, J-cc.c 1;' /A.Z 21, cQ /2-k..',- C'�a f cd Gt 2 2-0xl L}IJtC ,A /44it et ' /7 7C=1zfz //ahJte2CG9 .4-06-C/2#2 ,)Til-C )(-ed / q 211-e ----1-11--a-2. otc. i-r... (21°- e20e-e-2ti .. t� ytez._'7 -2L„, hl:t LL")Glid) • //vu,' u4. -C-- h fric-etJe �L„2e:t-e,,_ 2 k;/ eie.a2. fix% ba_ Iset `ice° ��' litotL iGD //6) (,c,el�/C)> _ J P 7u22:4 -e_22:4 , F r. Tim "tom-t.Z' t .; <27 71-L t -e -A2 -(1y / 5/Oc9) , 9-er-ea-etLle-C2 Z 7tXtu ✓/lnett_j: 2 %1.-e/cce, �{� t u! [z -L l;c-w ,„27, Leer 660(.66), µL; P_ Co oiL'� tx'�LLz_ ��✓ Ct ->}« K,�L• }2 L 7i,C l /Jt 2_ . /0 4,-2.e« . / c cuLt_ ,L, (t , Ji g : Qt tLa-Gt-)".„ i J Lc- 1/4_. tJ //L.:_ .-,1 << Lc:.71 ,_*. 77---) /��ft -27(C, r>" r77 et, -/,ti Lt -� ‘/V ))/Den } 6s Box797797 (810ph & Michelle Mnt Rd) Lyons, CO 80540 tit el. 2- C� O m s* 5-28 =k13t (o -l2 a1$I (o-Zt 414O4 72_ lizt8 ?-2G, ZZI $-Z-1 'tZC4 g -z7 -zc,z_ `1-30 A3to I-7 a1. 5--7 m".2• IC --29 st2bo t2 -2.0 >,o- fkt&S6 Con g1•+tMI Qnlons . 1082 20 vj82 Zo eo . t24o zo ED . cO'RL 20 Zo • ta84. 19.84 It- ZE . Z�. 7 tit/2 • GUN 11 Coen K4 1SS 121141LIC lto2 2 ec . 1O8o 20 `7,0 • FLtis 5 Coca_ Opera /a, 00ort. 0Qorz. 7/ Md,t) i N w.*T /Rotes... &ye( /rlo+cu • 1%. • t / Dort) Potato b'o,e( O,s fosgCi Dow 64 nulls. o lJo tz - (N i d tom+) O902 -1• oOo€_ 7 2 -LNiseas4/71W. wesrz es/,a . 000 2{ tsfcsit-c-(echo's , • r FLta_s/ 6002 it i; EXHIBIT Iccc 5/q /O q ict8 8 I�fl'1t {k 6 - 14 44254 i - 2 0 42% 7-zo x'297 I FS9 ..2-'(o 4t3l 5-8•#l07 8-► °32o9 lo- 13 S2% lag N0 NO # 5--2l roes 6-S X140 (0- i l "a19L lz-173(e3 Oz. �Cn--Levy .zco20 1X14.0.55 Co hn (AIN!t NA-�i,UCE Z I Rio , tvrtsa Lt eD . Z I 170. T. Zn . 20 Yo. 12(2 zz 21�, 11(044 zt Rte. 2o5g K.�. 2o58 C RD . 111,34 zt . Z 7 r 840. go. L. zl I. bU -a.trek.sp• /4erk 5 1. It 11 I I Co) o Onsfa ct. oN Fm,.r,)) dank Fry N4,k Fry O QO 2. (Af1t,N0N/1¢ / Da%o 14n1Mgts ) OPorc M rtrytt,2, ,1 000rz/ DLspo5Ac Or On1YJ kiturvits WAs;rc aN 1aA-o/ iYzmvr. Qis12oshc, off teno A}u,lvgr3. 0902 - Mgtiu.2s Bir7fiosq-L C>O02 - AN,nr4LS /Mthvaa Dls�s,Zt wcisrr ego C71ODt t Dlsposq'G ?o..clmti 1.0741^>jt a+4 TicL.o 0 cot - ti5(ld5+q-c orLFlri5rT . CwakNwcc 0702 tt.'' '' 0 MESA COUNTY MERLIN UEP 1U:3032486972 OCT 30'95 10;02 No.004 P.02 Mesa County Health Deporhnenl-Environmental Health Division -Air Pollution Gonirol 3)5 yalfereon Rood.('>rnnrl Junction, CO 81306 (970)148-6966 Jae: 248-6971 Mrs, Woody Eppelshelnter 33500 WCR 1116 Keenesburg, CO 80643 (303) 732-4643 Re: Mo-Ark HntcheriesJOME Dear Mrs. Eppelsheinter, October 19, 1995 Enclosed is an odor complaint summary received by the MCIII regarding the egg production facility located at 1133 21 -Road, Grand Junction, Mesa County, Colorado and known as Grand Mesa Eggs. Photocopies of individual complaint records are being provided to Mr. Bob Wilson who will be forwarding them to his daughter who I understand to be your neighbor. To be brief, the suminary only includes the day the complaint was received although other information pertaining to most of the complaints is on record. It should be noted that a decrease in complaints has been recorded during 1994.95 while the highest number occurred during 1990-91. A couple of explanations may exist. First, GMII has made noted improvements to its overall facility due largely to the hard work of Mr. Dan I ludgens, Plant Manager. Better management practices have been employed for cleaning manure from the laying barns and associated stockpiles immediately outside alike barns. However, it is my contention that the majority of the historic odor problems lies with the manure drying beds at the west end of the facility's property. The location of the drying beds in relation to several nearby residences creates the potential for invasive odor episodes to occur during certain times of the day based on local valley wind patterns. Little consideration, if any, was ever given to our unique valley climate and complicated terrain for collaborating with malodorous emissions from this fitcili►y. In addition, Mesa County is not a home -rule county, and is entirely subject to state statutes fur regulating and enforcing air quality rules. Since the state specifically exempts agricultural activities from being subject to air quality regulation, our department must inform complainants that no response will be made to an odor problem emitting from such facilities. Upon gaining this understanding, complainants generally have no recourse but to live with the problem and eventually stop making complaints. This is probably a major factor contributing to a decrease in complaints =rail over the past couple of years. I do not defend this air quality ruling and believe that in some instances may have the opposite effect for which it was intended. I would site the situation with GME as one of those cases. The substantial interference r f a per'son's use and egioymenl of his properly must be recoRnited as cr lekitlmate concern in facing the pr'os'pect of a local economic__ property must be recognised as a legitimate cwnc.crn in facing the prospect of a local economic benefit that such afaciity may provide. 3 IESA COUNTY HEALTH DEP ID:3032486972 UC1 30'95 10:02 No.004 P.03 Page 2 In a recent conversation held between Mr. Hudgens and myself; I stated that we were in agreement that the egg.laying facility was state-of-the-art and well maintained. In addition, several lingering environmental concerns such as waste water disposal and fly control have been addressed and are no longer considered to be problems. But 1 stressed. that poultry manure disposal, specifically the location of the manure drying beds, continues to be a problem and will always cause odor problems until a new location (or process) can be found for handling this material. He stated that he was in agreement with me on this issue and has renewed a property search for obtaining such a location. Based on my observations, a facility three limes larger than the one located in Mesa County has great potential to being a constant source of malodorous air emissions. Such a source could impact an area of up to 2 miles radius from the manure drying beds unless a detailed and workable management plan can be developed and successfully employed. I look forward to hearing how this matter is resolved in your community. Sincerely, Perry BUda/Air Pollution Control Mesa County Health Department enclosure eo: Steven DoFoytcr/MCI11) Soon Miller/CDPHK Hugh 1)avidson/CDPIlli 10/30/95 10:37 SR COUNTY HERLTH DEP ID:3032486972 S 303 1358 9662 GRAND MESA EGGS P.02 OCT 30'95 10:03 No.004 P.04 Mesa County Health /)eparintent-Environuretntal Health Division -Air Polhalon COMM, 515 Patterson Road -Grand Junction, CO 81506 (970,) 248.6966 far: 248-6972 ODOR COMPLAINT SUMMARY: GRAND MESA EGOS -GRAND JUNCTION (Date received by the Mesa County Health Department) 1 07/31/95 2 07/10/V. 3 06/29/95 4 04/25/94 5 01/19/94 610/29/93 7 09/15/93 8 09/14/93 9 07/22/93 10 06/09/93 11 06/02/93 12 04/22/93 13 08/03/92 14 07/28/92 15 05/07/92 16 09/30/91 17,08/27/91 1808/27/91 19 07/26/91 20 07/22/91 21 07/09/91 22 06/21/91 23 06/12/91 24 05/28/91 25 12/07/90 26 07/17/90 27 07/17/90 28 06/11/90 29.......06/09/90 30 06/07/90 31 05/08/89 32 02/16/89 33 07/20/88 34 07/20/88 ECONOMIC DEVELOPMENT LOUNC1L, October 30, 1995 Mr. Dan Hudgens General Manager, Grand Mesa Eggs 1133 21 Road Grand Junction, Colorado 81505 Dear Mr. Hudgens, Please let this letter serve as a formal statement of the Mesa County Economic Development Council's (MCEDC) solid support of Grand Mesa Eggs' operation in Mesa County. Since the MCEDC's successful recruitment of this company approximately eight years ago, Grand Mesa Eggs has proven itself to be both a strong business and community member. As you know, benefits realized locally include: - $5 million in capital investment - Multi -year obligation related to the Deed of Trust has been successfully met - Current employment of over 45 FTE with an annual payroll of $780,000 - Annual property tax payment of $55,000 - Purchase of $2.4 million in grain from the Fruita Farmland COOP - $600,000 purchase of other local services annually Given the above, allow me to restate the MCEDC' s appreciation of Grand Mesa Eggs' presence in our community. We fully expect the benefits listed above to continue long into the future. Best Regards, S- on, Steven Ausmus Vice President cc J.J. Johnston 2828 Walker Field Drive • Third Floor • Grand Junction, Colorado 81506-8639 (970) 245-4332 • 1-800-621-6683 • Fax: (970) 245-4346 October 30, 1995 Weld County Commissioners Faxed Transmission Dear Commissioners; On behalf of the Grand Junction Area Chamber of Commerce, Tam writing about the proposed new location of a Morak Hatchery in your county. We, in Mesa County have had a Morak facility for over eight years and are extremely pleased with the jobs and investment that they have provided. Additionally, they have proven to be a good corporate citizens_ Their use of state of the art equipment has resulted in no odor complaints in the past several years_ They support many of our non profit organizations and are active participants in the Chamber of Commerce Last year, they were honored as an Operation Thank You company for their continued economic investment in our area_ Our Mesa County Economic Development Corporation, at a retreat last week, pledged to target more Agriculturally related firms for recruitment in the future Our experience with Morak has shown that this industry can be environmentally compatible and provide needed employment and investment. If you have any questions about the Mesa County experience with Morak, please feel free to contact me Sincerely, \ i Diane Schwenke President CSU EXT TRI RIVER ID:303-249-7876 0CT 30'95 11:00 No.001 P.01 October 30, 1995 Dan Hudgens: Manager Grand Mesa Eggs Grand Junction, CO Dear Dan: Cooperative Extension Colorado State University Tr( River Area Reply to Grand Junction This letter is in reference to my observationsand opinions about Grand Mesa Egg's role in our community, both as a contributor to economic vitality as well as to general community support. Agriculture in the Grand Valley plays an important role in both jobs and economic diversity. Grand Mesa Eggs is important in that they buy local resources, employ local people, and provide a high quality product to the consumer. Grand Mesa Eggs has always been a key contributor to the 4-H youth programs. We have appreciated your support of awards for contests, sponsorship of poultry trophies, purchasing of all species of livestock at the Mesa County Fair, and overall contributing in a way that shows our programs are supported by a local agricultural business. Finally, I want to mention that I have appreciated your open management style and commitment to addressing issues in a pro active manner. Grand Mesa Eggs is an important part of our agricultural community. Sincerely, Nathan T. Moreng Area Extension Director NTM/kl 619 Main P.O. Box 20.000.5028 Grand Juncdon, (blonde 81502-5028 (503) 244-1634 Colorado State University, U.S. Deportment of Agriculture and Diu, Mm, Montrose and Cluny Counties cooperating. Cooperative Extension Programs are available to ail without discrimination. 1001 North ind Friendship Hall Montrose. Colorado 81401 (3113) 2494934 County Oourthouae Annex 6th and Dodge Dab, Colorado 81416 (303)874-3519 r: MESA COUNTY VALLEY SCHOOL DISTRICT NUMBER 51 Administrative. Service Center 2115 Grand Avenue Grand Junction, Colorado 81501 1 (303) 245-2422 May 1994 Mike O'Conner Grand Mesa Eggs, Inc. 1133 21Rd Grand Junction, CO 81505 Dear Mike O'Conner: The Mesa County Valley School District # 51 Work Study Program would like to thank you for the support you have given us this year. The training and employment that you were able to provide for our students has not gone unnoticed. Each member of our crew wishes to thank you and your wonderful staff for taking part in this community partnership. e look forward to working with you in the future. rely. Special Ed. Staff Dr. Paul W Rosier Superintendent 4J' /,YG'v t�v2�7 Fee 7GLQ.,L /a-- �J 66`-'1-Z- , rhewks taorkiny. So L'eLC twifit deism iu's yfee r. unified Technical Education Campus SCHOOL TO WORK TRANSITION PROGRAM Training Agreement The -purpose of this agreement is to provide training to qualified persons. This is not to he considered a permanent rob placement. OW ;, there any guarantee expressed or implied by the employer or the educational entities involved that this traininv gill result (II a immanent job placement once the terms of this agreement have been fulfilled. This agreement is between the Unified Technical Education Campus (hereafter called UTEC), _ • / /:1/,'": � - (hereafter called the EMPLOYER), and Cr,, t/:./.l Jti (Itereatter called tfh• TR Irv/u:i- Trainee Name: R, Address: 1 `'I NI- 1e ?IMP( Emergency Contact: High School Student: College Student Home Phone: Work Phone: SSN: (Uri n \ -2):J.:21 Contact's Phone: Home School: K1 Birth Date: Grade Level: ci-,dn Program: Parent's Names: 1\-.;(A% NCU' vT� Freshman / Sophomore / Junior r �Semor (circle one) Expected graduation date: Program: Degree: Responsibilities of UTEC: 1. Provide a Liaison to maintain contact with the EMPLOYER.. UTEC'S Liaison is: r Q A /v _ -C, Title: (s r, .f.,.,an� Phone: _ `Pd' 2. Provide the EMPLOYER with pre-screened students without regard to race, creed, color, age, handicap, or gender. 3. Maintain communication with the EMPLOYER through on -site visitations by the Liaison. Visitations will occur throughout the term of this agreement on an as -needed basis.. 4. Coordinate each STUDENT's training with hisrher academic objectives to ensure maximum learning. 5. Assist new EMPLOYERS in developing and implementing training programs. Responsibilities of the EMPLOYER: I Provide a Liaison to maintain contact with the LTEC Liaison. The EMPLOYER's Liaison is: „7"),r L//.✓c < Title: 6C". / /1a.,.} f Phone?) f5 -?SS-L EMPLOYER Address: // el a .).J Jett (Tra e /G>,. 2. Inform UTEC of available training opportunities in advance of -anticipated needs. 3. Select among students without regard to race, creed, color, age, handicap, or gender. 4. Relate training assignments as fully as possible to the TRAINEE's major area of study. 5. Place TRAINEE under competent supervision. provide an orientation to the work environment. and provide TRAINEE with clear expectations and responsibilities.. 6. Adhere to all federal and state labor regulations 'A here applicable. 7. Establish work schedules that accommodate the TRAINEE's academic schedule. 8. Provide written evaluations (forms provided by CTEC) on the TRAINEE.. 9. Inform UTEC'S Liaison of any changes in the TRAINEE's placement status. 2508 Blichmann Avenue Grand Junction, CO 8150f Phone: (303) 248-1999 -Pax: (303) 248-1 I04 Poultryman gets honor NEOSHO, Mo.. — The Missouri Poultry Federation has named Paul Osborne, Neosho, poultryman of the year. . The honor was received during the federation's annual meeting recently in infield. Osborne is emotive vice president and direc- t(' of marketing for Moark Pro- ductions that produces and markets eggs He is an active member of The Midwest United Egg Producers and the National Egg Marketing Cooperative. He is a former president of the Missouri Poultry Federation that he helped establish when he was president of the Missouri Egg Council Sunday, October 15, 1995 Zi1t 3laptin Stolz Memorandum To: Board of County Commissioners From: Date: Subject: Jeff Stoll, Director of Environmental Protection Services Shani Eastin, Current Planner, Department of Planning October 30, 1995 USR-1092: Moark Hatcheries In response to the concerns regarding USR-1092 for Moark Hathceries, staff is requesting that the Board of County Commissioners consider the following additions and changes to the Conditions of Approval and Development Standards, as approved by the Weld County Planning Commission. These additions and changes are to clarify concerns addressed in the Board of County Commissioners Hearing on October 25, 1995. Conditions of Approval changes: 3. 7.A.4. 7.A.5. 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 facilities excessive odors, flies, insect pests, or pollutant runoff. The surfaces beneath the manure storage and composting 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 Regulations (5CCR 1002-19). Demonstration that all process waste water structures are constructed of a material and maintained so as not to exceed a seepage rate of 1/32 inch per day ( l x10-6-cm/sec). Other measures which are in place to insure that the facility operating as a "No -discharge" facility as defined in the Confined Animal Feeding Operations Control Regulations (5CCR 1002-19). 7.A.6. Demonstration that all stormwater retention structures are constructed of a material and maintained so as not to exceed a seepage rate of 1/4 inch per day (lx10-5 cm/sec). 7.C. 7.E. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed waste water processing and/or any sewage disposal discharge, following treatment, into State Waterways. An odor abatement plan shall be submitted to the Weld County Health Department for review and approval. A copy of the abatement plan shall be submitted to the Department of Planning Services. 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. Development Standard changes 6. 7. All liquid and solid wastes, not defined in the Confined Animal Feeding Operations Control Regulations (5CCR 1002-19), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted at this site. This is no wean-u� include the on -site burial of dead chiLiens. GROUND WATER COMMISSION STATE OF COLORADO FINAL PERMIT NO. 31645FP LOST CREEK DESIGNATED GROUND WATER BASIN [ i EXHIBIT eEc ILSA /O9z Priority date: 04-29-70 Use: IRRIGATION Name of Claimant: JOHN H. CUYKENDALL Location of well: NW 1/4 of the SE 1/4 of Section 12, Township 2 N, Range 63 W of the 6th Principal Meridian Aquifer: ALLUVIUM Maximum annual volume of the appropriation: 400 acre-feet Maximum pumping rate: 850 gallons per minute Maximum number of acres which may be irrigated: 160 acres Description of acres irrigated: THE SEQ OF SEC 12, T2N, R63W Former permit number for this well: 15422F Done this day of //G437- a ,49,,,1/4L _ ris A. Danielson ecutive Director, Colorado Ground Water Commission , 19 87 % WRJ•5•Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLORADO DIVISION OF WATER RESOUhe. ES I 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203; FOR CI) APPLICANT - mailing address John H. Cuykendall Trust P. 0. Box 1058 Greeley, CO. 80632 CITY NAME STREET PERMIT APPLICATION FORM p(70 A PERMIT TO USE GROUND WATER pot) A PERMIT TO CONSTRUCT A (x7Q A PERMIT TO INSTALL WELL A PUMP 22902 poQ REPLACEMENT FOR NO. ( 1 OTHER _.---- WATER COURT CASE NO. TELEPHONE NO. (State) 849-5320 (no) (2) LOCATION OF PROPOSED WELL Weld Y. of the NE Y., Section 13 Twp. 2 N , Rng• 63 W 6th P.M. 114,51 ,EW (3) WATER USE AND WELL DATA County SE Lost Creek RECEIVED APR 2 1 Lu WATER RF;l)til4 SATE "o14egs i:triu FOR OFFICE USE ONLY: DO NC2WRITE IN THIS COLUMN Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet):_ Number of aces to be irrigated: Proposed total depth (feet):_ Aquifer ground water is to be obtained from: Alluvial #22902 Owners well designation GROUND WATER TO BE USED FOR: HOUSEHOLD USE ONLY no irrigation INDUSTRIAL (5) (70 DOMESTIC (1) I 1 N (5) (0d LIVESTOCK 121 I IRRIGATION MUNICIPAL (BI ( I COMMERCIAL (41 I ) OTHER 191 DETAIL THE USE ON BACK IN (11) Receipt No. A 5 - Dist. Basin (4) DRILLER Name Street Clty __ Telephone No 10 1 Less than 1 100 Canfield Drilling Co. P. 0. Box 519 Ft. Morgan, CO. 30%01 (state) Lic. No. Zio) 9 CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights.The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. NOTICE CASING INSTALLED IN THIS WELL SHALL NOT CXCEED SIX (6) INCHES IN DIAMETER. THE AMOUNT OF APPROPRIATION IN ACRE-FEET IS NOT CONSIDERED TO BE MATERIAL TO THE TERMS OF THIS PERMIT PURSUANT TO COLORADO STATUTES, 1973, 37-90-105. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRAT N DATE BY ID. SS 15tan t (STAY ENGINEFt1 _ COUNTY IL- 1 MILE, 5280 FEET T + + -r NORTH SECTION LINE W J W 1 I i I � I I I -m t 4- to Z t - + - T 1 , I t + -4 4 + II SOUTH SECTION LINE Type or right Domestic & Livestock (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + -t- - + - + - --1-- -+ - T JNORTH4_ -4- I -h 4- 4- -k - (6) THE WELLMUST BE LOCATED.BELOV/ by distances from section lines. 2540 ft. from North sec line (north or south) 1150 ft. from East sec line feast or west) LOT BLOCK FILING a None SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner. Cuykendall Trust No. of acres 40 Will this be No the only well on this tract? The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second Icfsl 449 gallons per minute Igpml A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43.560 cubic feet ... 325.900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (8) PROPOSED CASING PROGRAM Plain Casing 5 in. from t 1 ft to 80 ft in from ft to ft Perforated casing 5 in from 80 ft to 100 ft in from -ft to `t (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: 50' East & 100' South of Old Well Old Well to he filled Accordinr to State Rerulations (10) LAND ON WHICH GROUND WATER WILL BE USED: Cuykendall-Trust Owner(s): Legal description (11) DETAILED DESCRIPTION of the use of ground water: system to be used. House, Lawn, Livestock SE —NE —Sec .13—T2N—R63W—Weld Co. Noof dcre, Septic Tank & Leach Field Household use and domestic wells must indicate type of disposal (12) QTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Used for (purpose) Description of land on which used SE —NE —Sec -13- 2N—R63W House, Lawn, Livestock (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATURE OF 4PLICANT(S) Use additional sheets of paper if more space is required. City & State el, 9 y r/ Use of ground water Watering cattle Owner of land on which well is located Same as applicants Number of acres to be irrigated Legal description of irrigated land Other water rights on this land None Owner of irrigated land Applicants Aquifer(s) ground water is to be obtained from Alliuvial fill Storage capacity 2)ix 20 ft steel ta,c THE FOLLOWING TWO FIGURES ARE MAXIMUMS AND CANNOT BE EXCEEDED IN FINAL USE. MAXIMUM PUMPING RATE Est 15 GPM AVERAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED Acre -Feet ESTIMATED WELL DATA Anticipated start of drilling Windmill power plant Anticipated start of use 19 Hole Diameter: b in in. from in. from Casing: Plain 6 in in, from in. from ft. to ft. to ft. to ft. to WRJ-5-68 STAT F COLORADO DIVISIOJi OF WATER R URCES / / Li APPLICATION FOR: O O A PERMIT TO'USE GROUND WATER A PERMIT TO CONSTRUCT A WELL REPLACEMENT FOR NO. A PERMIT TO INSTALL A PUMP OTHER Livestock watering PRINT OR TYPE APPLICANT John H� Trevor R. and Paul R Cuykendall Street Address COUNTY Weld fLEPRI4P27197 egaggo awe LOCATION OF WELL 5k1 _SW sec. ]2 .a..2 T. 2N , R. 63W , 6th P.M. Street or Lot & Block City or Subdivision Ground Water Basin Lost Creek Designated Water Management District LOCATE WELL ON THE BACK OF THIS SHEET Driller Canfield Drilling Co Driller's Address Ft. Morgan, Colo ail - Signatu of Applicant CONDITIONS OF APPROVAL 19 May 1, 1970 ft. ft. ft. ft. Bottom on sh le at ft ft. Perf. in. >prom in. from _ ft. ESTIMATED PUMP DATA Type HP APPLICATION MUST BE COMPLETED SATISFACTORILY BEFORE ACCEPTANCE In/Fa) about 100 ft. to Outlet Size No.7 APPLICATION APPROVED: VALID FOR ONE (I) YEAR AFTER DATE ISSUED UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO THE ISSUING AGENCY PERMIT NO. 40980 CONDITIONAL // DATE ISSUED STATE ENGINE. R/ o r y p1IA I RMAN GROUND WATER COMMISSION By �' THE LOCATION OF THE PROPOSED WELL SHALL BE SHOWN ON THE DIAGRAM BELOW WITH REFERENCE TO SECTION LINES OR GOVERNMENT SURVEY CORNERS OR MONUMENTS. N 4' /320 306 feet from feet from (North or South) section line (East or West) section line IF WELL IS FOR IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS -HATCHED. This diagram represents nine (9) sections. Use the CENTER SQUARE (one section) to indicate the location of the well. - + - + - + - + - + - + - + - + - + - + - + . - - + + - + - + 1 - I + ; T A -R63 + I - + I - Jz + - + t + - + - i?Sat + - .+ - I + - I + - + - + - + - + - + THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE -MILE Form No. OFFICE OF THE STATE ENGINEER GWS-26 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Sherman St., Denver. Colorado 80203 (303) 06843W UC APPUCANT JIMMIE L & IRIS I GROVES 9583 WCR 73 ROGGEN CO 80652- (303)849-5271 PERMIT TO CONSTRUCT A WELL WELL PERMIT NUMBER 045506 . P DIV. 8 CNTY. 62 WD 1 DES. BASIN 5 MD 9 Let: Block: Filing: 9ubdN: APPROVED WELL LOCATION WELD COUNTY NE 1/4 SE 1/4 Section 13 Twp 2 N RANGE 63 W 6th P.M. INSTANCES FROM SECTION UNES 2010 Ft. from South Section Line 500 Ft. from East Section Una CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material Injury to existing water dgins. The Issuance of the permit does not assure the applicant that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be to compliance with the Water Wall Construction Rules 2 CCR 402.2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18, 3) Approved pursuant to Sections 3780.107 and 37-90.111(5), C.R.S., and the findings of the Colorado Ground Water Commission dated September 27, 1995. 4) The maximum pumping rate shalt not exceed 130 GPM. 6) The annual appropriation shall not exceed 129 acre-feet. '6) The use of ground wafer from the well shall be limited to the following: commercial use for an egg and poultry production facility. 7) The well must be constructed to withdraw water from only the Laramie -Foot Hills aquifer. The top of the Laramie -Fox Hills aquifer Is boated approximately 290 feet below the ground surface. The bottom of the Laramie -Par Hills aquifer is located approximately 580 feet below the ground surface. Plain casing must be Installed and sealed to prevent diversion of water from other aquifers and the movement of water between aquifers. 8)This well shall be constructed within 200 feet of the location specified on this permit but shall not be located within 600 feet of another large -capacity well completed in the Laramie -Fox Hills aquifer. 9) The entire length of the hole shall be geophysical"; logged according to the attached Instructions prior to Installing the casing. 10) A totalizing flow meter must be installed on the well and maintained hi good working order. Permanent records of ail diversions must be maintained by the well owner (collected at least annually) and submitted to the Lost Creek Ground Water Management District and the Ground Water Commission upon request. 11) The well owner shall return at least two percent (2%) of the water withdrawn annually from this well to the uppermost aquifer. 12) The owner shall mark this well In a conspicuous place with the permit number and the name of the aquifer. He shall take rtateatery means and precautions to preserve these markings. 't•u. aS APPROVED RAC 4 enelnee Receipt No. 0387391 DATE ISSUED SEP 2 8 1995 EXPIRATION DATE SEP 2 8 t996 et FINDINGS OF THE COLORADO GROUND WATER COMMISSION IN THE MATTER OF AN APPLICATION FOR A PERMIT TO CONSTRUCT A WELL AND APPROPRIATE GROUND WATER IN THE LOST CREEK DESIGNATED GROUND WATER BASIN. APPLICANT: JIMMIE L. & IRIS I. GROVES AQUIFER: LARAMIE-FOX HILLS PERMIT NO.: 45506-F In compliance with Sections 37-90-107(1) and 37-90-111(5), C.R.S., Jimmie L. and Iris i. Groves, (hereinafter "applicants") submitted an application for a permit to construct a well and appropriate ground water from the Laramie -Fox Hills Aquifer. Based on information provided by the applicants and records of the Division of Water Resources, and In accordance with the Designated Basin Rules (2 CCR 410-1), the Ground Water Commission finds as follows: 1. The application was received complete by the Ground Water Commission on June 30, 1995. 2. a. The applicants propose to appropriate ground water from the Laramie -Fox Hills Aquifer underlying 640 acres of land generally described as Section 13, Township 2 North, Range 63 West of the 6th Principal Meridian. According to a signed statement dated June 16, 1995, the applicants own the 840 acres of land, as further described in said affidavit which Is attached hereto as Exhibit A, and claim the ownership or control of the ground water in the Laramle-Fox Hills Aquifer underlying this property. The proposed annual appropriation is 148 acre-feet. b. The applicants propose to construct a well in the NE1/4 of the SE1/4 of Section 13, Township 2 North, Range 63 West of the 6th Principal Meridian at a location 2110 feet from the South section line and 500 feet from the East section line of said Section 13. The well would be constructed to divert ground water from the Laramle-Fox Hills Aquifer with a maximum pumping rate of 130 g.p.m. 3. The land area overlying the ground water claimed by the applicants is located within the boundaries of the Lost Creek Designated Ground Water Basin and Ground Water Management District. The Ground Water Commission has jurisdiction. 4. The applicants propose to apply the appropriated ground water to the following beneficial uses: commercial use for an egg and poultry production facility. 5. The location of the proposed well is more than 600 feet from any existing large -capacity well completed in the Laramie -Fox Hills Aquifer. 6. The applicants are the owner of the land on which the well will be constructed. 7. The quantity of water in the Laramie -Fox Hills Aquifer underlying the 640 acres of land claimed by the applicants Is 12,960 acre-feet. This determination was based on the following as specified in the Designated Basin Rules: a. The average specific yield of the saturated permeable material of the aquifer underlying the tand ui woo extracted and applied beneficial tian that could is 15 percent.atifIddnnt Quantity at water that may tsa Applicant: Jimmie L & Iris I. Groves Aquifer: Laramie -Fox Hills Permit No.: 45506-F Page 2 b. The average thickness of the saturated permeable material of the aquifer underlying the land under consideration that could yield a sufficient quantity of water that may be extracted and applied to beneficial use is 135 feet. 8. At this time, there is no substantial artificial recharge which would affect the aquifer within a 100 -year period. 9. Pursuant designated ground t1(5), waterinS., the the Laramie -Fox Water HillsCommission is to Section on the basis of landownership , the maximum annual which could be and allowed pursuant to a 100 -year aquifer the data paragraphsneethe appropriation above for the640acres owned by the applicants is 129 acre-feet. 10. Withdrawal of ground water from the Laramie -Fox Hills Aquifer underlying the land claimed by the applicants will not, within one hundred years, deplete the flow of a natural steam or Its alluvial aquifer at an annual rate greater than one -tenth of one percent of the annual rate of withdrawal and therefore the ground water is nontributary ground water as defined in Rule 4.2.19 of the Designated Basin Rules. on has disclosed that none of the 11 A review of the records of the Ground Water water in the Laramie --Fox Hills Aquifer underling the land is aimed by the applicants has been previously appropriated. 12. In accordance with Rules 5.3.8 and 5.3.9 of the Designated Basin Rules, additional wells may be permitted to withdraw the total allowed appropriation together with the proposed well. 13. On July 14, 1995, a letter was sent to the Lost Creek Ground Water Management District requesting recommendations concerning this application. On August 7, 1995, written recommendations were received from the Board of Directors of the district stating that they had no objection to the application. 14. In accordance with Sections 37-90-107(2) and on 37-90-112(1), and 1),, 1995. (, C ., the application was published in the New News newspaper August 15. No objections to the proposed appropriation were received within the time limit set by statute. 16. The Ground Water Commission finds that unreasonable Impairment of existing water rights will not occur from approval of the appropriation and issuance of the well permit if the following conditions are compiled with: a. The well, and any additional wells approved by the Commission to withdraw this appropriation (hereinafter "additional wells"), must be constructed to withdraw water from only the Laramie -Fox Hills Aquifer. At the proposed well location, the top of the Laramie -Fox Hills Aquifer is located approximately 290 feet below the ground surface and the bottom of the aquifer is located approximately 580 feet below the ground surface. Plain, non -perforated casing must be installed and sealed to prevent diversion of ground water from other aquifers and the movement of ground water between aquifers. • 'Applicant: Jimmie L. & Iris I. Groves Aquifer: Laramie -Fox Hills Permit No.: 45506-F Page 3 b. Weil permits for additional wells to withdraw the appropriation shall be available upon application, subject to approval by the Commission. c. The entire depth of the well and any additional wells must be geophysically logged rp for to Installing the casing as set forth in Rule 9 of the Statewide Nontributary Ground Water Rules, 2 CCR 402-7. d. The maximum annual amount of water to be diverted from the aquifer by the well together with any additional wells shall not exceed 129 acre-feet. The Commission may adjust the annual appropriation based on analysis of the geophysical logs if such analysis indicates that the initial estimate of the volume of water in storage was incorrect. e. The use of ground water from the appropriation shall be limited to the following uses: commercial use for an egg and poultry production facility. The place of use shall be limited to the 640 acre land area claimed by the applicant. f. The well owner shall return at least two percent (2%) of the water withdrawn annually from this well and any additional wells to the uppermost aquifer. g. The maximum pumping rate of the well shall not exceed 130 g.p.m. h. The well and any additional wells shall be constructed within 200 feet of the location specified on the individual permit application, but must be more than 600 feet from any existing large -capacity well completed in the Laramie -Fox Hills Aquifer. Any additional wells shall be located on the 640 acre claimed area on land owned or controlled by the well owner. I. A totalizing flow meter shall be °installed on the well and any additional wells and maintained by the well owner. Annual diversion records shall be collected and maintained by the well owner and submitted to the Commission upon their request. I. The well owner shall mark the well and any additional wells in a conspicuous place with the permit number and the name of the aquifer. He shall take necessary means and precautions to preserve these markings. Dated this 2 7 44 day of S ti,2j4 en -4=A , 19 _ Prepared by: MC flNOA77 a Hal D. Simpson Executive Director Calaredo Ground Water Commission Sy: wv. e Puru ottam Dass,`Ptr.D., P.E. Supervising Professional Engineer STATE OF COLORADO WATER QUALITY CONTROL COMMISSION 4210 East 11th Avenue Denver, Colorado 80220 Phone (303) 331-4525 NOTICE OF FINAL ADOPTION PURSUANT to the provisions of sections 24-4-103(5) and 24-4-103(11), C.R.S. Water Quality Control a publicsheaaring on Marcha2 and 3, HEREBY GIVEN tht the C 1992, 0 and complying with the provisions after of24- 4-103(3), 25-8-401(1), and 25-8-402(1), C.R.S., amended on July 6, 1992, pursuant to 25-8-202(7), 25-O5, 5, 25- 8-206, adn25--3. nd 88, C.R.S., and Section 2.1.3 of the "Procedural Rules" "Confined Animal Feeding Operations Control Regulation" 4.8.0 (5 CCR 1002- 19). Providing for various amendments to the existing control regulation. Also, pursuant to 24-4-103(8)(b), C.R.S., this amended regulation was submitted to the Attorney General for review and was found to be within the authority of the Water Quality Control Commission to promulgate, and further that there are no apparent constitutional deficiencies in its form or substance. Furthermore, the amended regulation incorporates compliance with togeneral 24-4-103(4),Statement of fBasis, Specific Statutory Authority, and Purpose This amended regulation will be submitted to the office of Legislative Legal Services within twenty (20) days d after R the date of the Attorney tt Secretary of General's nerain Opinion, pursuant to 24-4-103(8)(d), pursuant to time for August, 1(d) publication and will become effective August 3, 1992. 24-4-103(5) and (11)(3), A copy of said amended regulation is attached and made a part of this notice.* Dated this 16th day of July, 1992, at Denver, Colorado. WATER QUALITY CONTROL COMMISSION / Weitat-atoLo- t ahlen la L. B rstin�taff Assistant *A copy of this regulation is availableata charge of $5.00 pursuant to 24-4-103(9), C.R.S. feedlt.fa COLORADO DEPARTMENT OF HEALTH Water Quality Control Commission As Adopted: Effective: Format Changed: Amended: Effective: April 16, 1974 August 1, 1974 May 4, 1976 July 6, 1992 August 30, 1992 CONFINED ANIMAL FEEDING OPERATIONS CONTROL REGULATION Materials incorporated by reference in this regulation are available for public inspection during regular business hours at the Colorado Department of Health, Water Quality Control Division, 4210 E. 11th Avenue, Room 320, Denver, Colorado. The regulation incorporates the materials as they exist at the date of the promulgation of this regulation and does not include later amendments to or editions of the incorporated materials 4.8.0 AUTHORITY Section 25-8-205, C.R.S. 1973, as amended. 4.8.1 PURPOSE The purposes of this control regulation are: (1) to insure that there shall be no discharge of manure or process wastewater from concentrated animal feeding operations into waters of the state. (2) to encourage that these materials be retained and utilized beneficially on agricultural land in a manner which does not cause exceedances of applicable standards or harm to existing or classified uses of state waters. (3) to insure that animal feeding operations which do not meet any of the criteria which define concentrated animal feeding operations, nevertheless protect surface water, ground water and soil resources through proper application of "best management practices" based upon existing physical conditions and constraints at the facility site. (4) this regulation is not intended to address public health nuisance conditions or land use controls such as zoning requirements. 1 4.8.2 DEFINITIONS (1) "ANIMAL FEEDING OPERATION" An "animal feeding operation" is a confined animal or poultry growing operation (facility) for meat, milk or egg production or stabling wherein livestock are fed at the place of confinement for 45 days or longer in any 12 month period and crop or forage growth is not maintained in the area of confinement, and the facility does not meet one of the criteria for a concentrated animal feeding operation. (2) "ANIMAL UNIT" "Animal Unit" means a unit of measurement used to determine the animal capacity of an animal -feeding operation containing two or more species of animals. The animal unit capacity of an operation is determined by multiplying the number of animals of each species by the appropriate equivalency factor from Table 1, and summing the resulting totals for all animal species contained in the operation. TABLE I Animal Unit Equivalency Factors Animal Species Equivalency Factor Slaughter and feed cattle 1.0 Mature dairy cattle 1.4. Swine, butcher and breeding (over 55 lbs.) 0.2 Sheep or lambs 0.2 Horses 1.0 Turkeys 0.02 Chickens broiler or layer 0.01 * Young stock, less than 50% of adult weight, reduces the above equivalency factor by 1/2. (3) "AVERAGE WORKING CAPACITY " "Average working capacity" is the average occupancy of the animal feeding operation on a year-round basis defined as the sum of the end -of -month occupancy rates divided by the number of months during a calendar year the facility conducts animal feeding operations. (4) "CONCENTRATED ANIMAL FEEDING OPERATIONS" "Concentrated Animal Feeding Operation", means a concentrated, confined animal or poultry growing operation (facility) for meat, milk or egg production 2 or stabling, in pens or houses wherein the animals or poultry are fed at the place of confinement for 45 days or longer in any 12 month period and crop or forage growth or production is not sustained in the area of confinement. Two or more inanimal-feedinge odperations tionsbe a under common ownership or management are to or single animal -feeding operation if they utilize a common area or system efor maneedsl urdisposal. Operations" "Concentrated Animal Feeding p ri r more of the following criteria: (a) Average Working Capacity, of 1,000 or more animal units as defined in this regulation, or (b) Case -by -case designation under one of the following criteria: i) Pollutants are discharged into waters of the state through manmade ditch, flushing system or other similar manmade device; or ii) Pollutants are discharged directly into waters of the state which originate outside of the across or facility and pass over, through the facility or otherwise come into direct contact with the animals confined in the operation; or (c) The animal feeding operation is in a location which reasonably could be expected to adversely affect a hydrologically sensitive area. (5) "DIRER" "Director" refers to the Director of the Water Quality Control Division. (6) 'SS mCTLITY" An"Expanded Facility" is a concentrated animal feeding operation axP physical area or vrkingcs increased one th rd of the existing average working capacity by capacity on or after the effective date of this amendment. (7) "HOUSED "Housed animal feeding operation" is annoperation oidwith totally roofed buildings with open DING OPE AT N" 3 wherein livestock or poultry are housed on solid concrete or dirt floors, slotted (partially open) floors over pits or manure collection areas in pens, stalls or cages, with or without bedding materials and mechanical ventilation. For the purposes of this subchapter, the term housed lot includes the terms slotted floor building, barn, stable, or house, for livestock or poultry, as these terms are commonly used in the agriculture industry. (8) "HYDROLOGICALLY SENSITIVE AREA" "Hydrologically Sensitive Area" includes: Areas where significant groundwater recharge occurs or where contamination from animal feeding operations could impact existing drinking water withdrawals, classified uses, or reasonably likely future public drinking water system withdrawals; areas where animal feeding operations could impair water bodies subject to antidegradation review or classified for Class 1 Recreation or Class 1 Aquatic Life. (9) "MAN-MADE DRAINAGE SYSTEM" "Man-made drainage system" means a drainage ditch, flushing system, or other drainage device which was constructed by man and is used for the purpose of transporting wastes. (10) "MANURE" "Manure" is defined as feces, urine, litter, bedding, or feed waste from animal feeding operations. (11) "NEW FACILITY" A "new facility" is an operation which was constructed on or after August 30, 1992. (12) "NO DISCHARGE" The term "no -discharge" shall be defined as no - discharge of manure or process wastewater to waters of the state except in the event of an applicable design storm event specified in section in 4.8.3(b). (13) "OPEN ANIMAL FEEDING OPERATION" "Open animal feeding operation" consists of pens or similar confinement areas with dirt, concrete, or other paved or hard surfaces wherein animals or poultry are substantially or entirely exposed to the outside 4 environment except for smallportions of the hwiedtotal or confinement area affording protectionbpurposes of a this r small shed-tytpe shade pas. animalFor feeding operation is synonymous with h term open yard, pasture lot, dirt lot, and the terms as these terms and dry lot, for livestock or poultry, are commonly used in the agricultural industry. (14) "OPERATOR" "Operator" means any individual, partnership or corporation, or association doing business in this state. (15) "PROCESS WASTEWATER" "Process wastewater" means any process -generated wastewater and any precipitation (rain or snow) which comes into contact with any manure or any other aw material or intermediate or finaldmateriar or products used in or resulting from the production of milk, eggs). poultry or their direct products (e.g., (16) "PUBLIC DRINKING WATER SYSTEM" "Public Drinking Water System" means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or serves an average of at least tu25 persons daily at least 60 days out of the y - Pa lic drinking system includes both community and non - community systems. (17) ... IV TEiD FACILITY" A "Reactivated Facility" is a concentrated animal feeding operation which has been in a non -operating status for three consecutive years and is reactivated on or after August 30, 1992. (18) "RECONSTRUCTED FACILITY" A "Reconstructed Facility" is a concentrated animal feeding operation which is reconnsfrtr a tf,fire, don oonorafter August 30, 1992, due to damag- c dilapidation or reconfiguration of the facility. " num GROUNDWATER RECiaBGF" (19) SIGNIFIC - "Significant groundwater recharge" is defined as high or very high seepage rates as determined using the methods described in SCS NENTC-Engineering Geology 5 Technical Note No. 5 attached as Appendix A or other authoritative document as approved by the Division. (20) "TEN YEAR TWENTY-FOUR HOUR STORM" AND "TWENTY FIVE-YEAR TWENTY-FOUR HOUR STORM" "Ten year twenty -four-hour storm" and "twenty-five year twenty -four-hour storm" mean a storm of a 24 -hour duration which yields a total precipitation of a magnitude which has a probability of recurring once every ten or twenty-five years, respectively, as shown in Appendix B. (21) "VADOSE ZONE" "VADOSE ZONE" means the zone between the land surface and the water table. It includes the area beneath the root zone, intermediate zone, and capillary fringe. Saturated bodies, such as perched ground water, may exist in the vadose zone, also called zone of aeration and unsaturated zone. (22) "WATERS OF THE STATE" "Waters of the State" means any and all surface and subsurface waters which are contained in or flow in or through this state, except waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. 4.8.3 SURFACE WATER PROTECTION REQUIREMENTS -Concentrated Animal Feeding Overations (A) General Performance Requirements Concentrated animal feeding operations are required to be operated as no -discharge facilities. Compliance with the no -discharge provision can only be achieved by installation and operation of adequate manure and process wastewater collection, storage and land application facilities. (1) Open concentrated animal feeding operations shall control all manure and process wastewater including flows from the animal areas and all other flows from an applicable storm event. Control of manure and process wastewater from open concentrated animal feeding operations may be accomplished through use of retention basins, terraces, or other runoff control methods. In 6 addition, diversions of uncontaminated surface drainage prior to contact with the concentrated animal feeding operation or manure storage areas maybe required by the Division in order to prevent water pollution. (2) Housed concentrated animal feeding operations shall control manure and process wastewater produced in the confinement enclosures between periods of disposal. Control of manure and process wastewater from housed animal feeding operations may be accomplished through use of earthen storage structures (such as lagoons or earthen a basins), formed storage tanks ( rtas concrete, steel, or wood tanks), or other control methods. Sufficient capacity shall be provided in the control structures to store all manure and process wastewater between periods of disposal. Additional capacity shall be provided if precipitation or discharges from other sources can enter the manure and process wastewater control structures. (B) Design Criteria (1) An operator of an existing concentrated animal feeding operation constructed prior to April 16, 1974 and operated continuously since that time shall not discharge manure, process wastewater or stormwater runoff from the facility to state waters except as the result of storms equal to or in excess of the amount resulting from a ten-year 24 -hour storm.The 10 year 24 -hour storm event design criterion applies to ll stormwater diversion structures (e.g. dikes, berms, ditches) as well as manure and process wastewater retention and control structures. (a) Any discharge to state waters shall be as the result of excess flow or overflow beyond the properly designed and constructed retention capability or hydraulic capacity of the manure or process wastewater control structures. A discharge shall not result from dewatering or lowering of the process wastewater level or solids storage level below the design retention capability of the control structures. (b) A concentrated animal feeding operation which changes ownership eaverage capacity hallnot dischargemanureandworking process 7 wastewater or storm run-off water from the feeding operation to state waters except as the result of storms in excess of a 25 -Year 24 -Hour storm event. (2) An operator of a concentrated animal feeding operation constructed after April 16, 1974, or constructed earlier, but inactive for longer than three consecutive years after that date, shall design, construct and operate control structures as necessary to retain and dispose without discharge all manure and process wastewater produced by the facility and all storm run-off which enters the facility as the result of precipitation equal to or less than the amount resulting from a twenty -five-year twenty -four-hour storm. (3) Runoff volume from the concentrated animal feeding operation surface shall be determined from soil cover complex curve number 90 for unpaved lots, or soil cover complex curve number 97 for paved lots, as defined by the United States Department of Agriculture (U.S.D.A.) Soil Conservation Service and as depicted in Appendix C. The director may approve the use of a different soil cover complex curve number on a case -by - case basis. (C) Operation and Maintenance Requirements (1) Manure and Process Wastewater Removal: Accumulations of manure and process wastewater shall be removed from the control retention structures as necessary to prevent overflow or discharge from the structures. Manure and process wastewater stored in earthen storage structures (lagoons or earthen storage basins) shall be removed from the structures as necessary to maintain a minimum of two feet of freeboard in the structure, unless a greater level of freeboard is required to maintain the structural integrity of the structure or to prevent overflow. (2) To ensure that adequate capacity exists in the control structures to retain all manure and process wastewater produced during periods when land application or disposal operations cannot be conducted (due to inclement weather conditions, lack of available land disposal areas, or other factors), manure and process wastewater shall be removed from the control structures as necessary prior to these periods. 8 (3) Off -site drainage diversion: When animal confinement areas and manure stockpiles must be isolated from outside surface drainage by ditches, pipes, dikes, berms, terraces or other such structures, these diversion structures shall be maintained to carry peak flows expected at times when the applicable design storm event occurs. All manure stockpile areas shall constructed and be maintained so as to retain all rainfall which comes in contact with the stockpiles. (4) Adequate equipment shall be available on site or provided for in a written agreement for the removal of accumulations of manure and process wastewater as required for compliance with the provisions of this section. (5) Process wastewater retention structures shall be equipped with either irrigation or evaporation systems capable of dewatering the retention structures. (a) For irrigation disposal systems, except as provided in paragraphs (1) and (2) of this subsection, whenever 50% of the design runoff storage capacity is exceeded by accumulated runoff, sediment, manure, or process -generated wastewater, the retention structure shall be dewatered to a level that restores the full runoff storage capacity and the dewatering process shall be completed within a 15 -day period. If the irrigation system is not capable of dewatering the retention structures as required herein, sufficient additional storage capacity shall be provided in lieu of dewatering capabilities upon written approval of the director, and under such terms and conditions as the director may specify. (b) Evaporation systems shall be designed to withstand a 10 -year period of maximum recorded rainfall, as determined by a water budget analysis process which includes manure and process wastewater loading during that period and provides sufficient freeboard to retain all rainfall and rainfall runoff from the applicable design storm event without overflow. 9 4.8.4 GROUND WATER PROTECTION REOUIREMENTS - CONCENTRATED ANIMAL FEEDING OPERATIONS (A) Manure and Process Wastewater. Retention Structures Except as provided in subsection 4.8.4(8) and (C), below, all process wastewater retention structures shall be constructed of compacted or in -situ earthen materials or other very low permeability materials, and shall be maintained, so as not to exceed a seepage rate of 1/32"/day (1 X 10-6 cm/sec.). The operator shall have available suitable evidence that a completed lining meeting the requirements of this subsection 4.8.4(A) was constructed. (1) Compacted or in -situ earthen materials shall consist of suitable soils which meet the seepage rate of this section and shall have a minimum compacted thickness of 12"; (2) Very low permeability materials include flexible membrane linings, asphalt sealed fabric liners, and bentonite sealants. Installation of very low permeability materials shall be in accordance with the manufacturer's installation specifications; (3) Alternative methods of lining, other than those described in subsections (1) and (2) above, require prior written approval of the Director. (B) Retention structures which collect storm water runoff from open animal feeding operations and no other waters except, if any, water which has not come into contact with manure or process wastewater, such as boiler cooling water or flow -through livestock drinking water, shall be constructed of a material and maintained so as not to exceed a seepage rate of 1/4" per day (1 X 10-5 cm/sec.), provided that the retention structure is dewatered so that the full runoff storage capacity is restored within 15 days of the storm event, consistent with the provisions of Section 4.8.5. (C) Earthen retention structures in existence as of August 30, 1992, shall be exempt from the requirement to have available suitable evidence that a completed lining meeting the requirements of subsection 4.8.4(A) has been constructed. Whenever the Director makes a determination that seepage of nutrients or other pollutants from manure or process wastewater into ground water occurs at a rate greater than allowed in this section, the Director may require compliance with the provisions of subsections (A)(1), (2), or (3) of this section. 10 (p) Manure and Process Wastewater Conveyance Structures: (1) Manure and process wastewater conveyance revent structures shall be designed and constructed standards or o p exceedances of applicable water quality impairment of existing or classified beneficial uses. (2) Infiltration of process wastewater shall be limited to the maximum extent practicable through the use of very low permeability earthen materials and proper compaction or through the use of synthetic conveyance materials. 4.8.5 B EF C WASTEW (A) If land application is utilized for disposal al ofshmanure or process wastewater, the following ll apply: (1) Manure and process wastewater shall not be distributed on agricultural landsin of innex that adversely affects the quality of waters he state by causing exceedances of applicable water quality standards, numerical protection levels or impairment of existing beneficial uses. (2) When irrigation disposal of process wastewater is employed, the irrigation application rate should not exceed the estimated soil infiltration rate. For flood irrigation, tailwater facilities shall be provided. Irrigation app shall be adjusted to avoid significant ponding of concentrated runoff in surface depressions or seasonal drainage ways. (3) There shall be no discharge cto waterseof wtheentstate resulting from land application ground is frozen, saturated or during rainfall events. 4) Sprinkler type land application systems shall be equipped with a backflow prevention device or water sourcegap between the irrigation wll pump mp at the of w source and the point of injection the process process wastewater. This equipment shall prevent wastewater from being pumped, drained or siphoned into the irrigation water source if fresh water is which ingis applied along with the wastewater. Any system in compliance with the requirements of the Colorado (5upp. 99Act shallSection deemed inicomplianceCwith•this (Supp. 1990), requirement. OF ttiMURE AND PROCE�IONS 11 (5) The land application rate for manure and process wastewater shall be limited by the operator as set forth in 4.8.5(A)(5)(a), (b), or (c), below. Subsections (a) and (b) pertain to seasonal land application activities based on sound agronomic practices. Subsection (c) pertains to more continuous and intensive land application activities based on a combination of crop uptake and land treatment techniques. (a) Operators may avoid the cost and effort associated with a site -specific agronomic analysis as described in subsection (b) below if no supplemental or commercial fertilizers are utilized in addition to the manure and process wastewater generated by the facility, and if the proper land application rate is based on the applicable data presented in Appendices D and E. Crop nitrogen uptake rates shall be computed as shown in Appendix D based on the specified crop yields. In addition, the operator shall rely on the table values for total nitrogen content in manure and process wastewater as shown in Appendix E in computing the proper application rate. The operator shall limit application based on the assumption that all of the total nitrogen applied from manure and process wastewater is plant available during the year following the manure application. (b) Operators may apply manure and process wastewater on a year to year basis at rates greater than allowed in subsection (a) above based on a site -specific agronomic analysis that includes, all plant available nutrient inputs from manure/process wastewater, irrigation water, legumes, residual soil nutrients, and soil organic matter, based upon site specific soil, water and manure/process wastewater analyses. These data, plus the yield goal for the crop to be grown, will be used to calculate appropriate manure/process wastewater and supplemental fertilizer nutrient additions. Management factors such as manure handling, application method, tillage, irrigation regime, cropping and grazing patterns and site factors such as soil texture, slope, and aspect will be used to modify the manure/process wastewater application rates. The operator shall maintain copies of the agronomic analyses which are being relied upon for the purpose of limiting land application rates of manure and process wastewater. Copies of such analyses shall be 12 available for inspection at the facility and records shall be maintained for a minimum of three years. (c) Operations which land apply manure or process wastewater in an amount exceeding the agronomic rates determined under subsection (5)(b) or on a continuous or near continuous basis must comply with this subsection (5) (c). (i) No later than 180 days following August 30, 1992 for existing facilities and prior to land application for new facilities or facilities planning to calculate their land application rate pursuant to this subsection (c), the operator shall submit lraen plan for ti Division's approval, a land app designed to demonstrate that said iratrate e iller not result in exceedances of app quality standards or numerical protection levels established pursuant to subsection 4.8.5(A)(5)(c)(iv). The required land application plan must include, at a minimum: (I) The site -specific agronomic analysis required in subsection 4.8.5(A) (5) (b), (II) An analysis, based on site -specific conditions, documenting the expected removal of nitrogen and other nutrients or pollutants, beyond that which occurs as a result of plant uptake, through physical, chemical and biological mechanisms such as volatilization, oxidation, adsorption, cation exchange, and denitrification; and (III) If deemed necessary by the Director, a monitoring plan designed to demonstrate that land application practices will not result in exceedances of applicable water quality standards or numerical protection levels. This monitoring plan may include such procedures as deep soil tests below the root zone, and water quality monitoring in the vadose and saturated zones of groundwater at the site. (ii) The Division shall review the land application plan described in subsection 13 4.8.5(A)(5)(c)(i) to determine whether the plan is adequate to demonstrate that the proposed land application rate will not result in exceedances of applicable water quality standards or numerical protection levels. The Division may grant an interim authorization for land application at a rate calculated pursuant to this subsection (c) in cases where it cannot make a determination as to whether exceedances of water quality standards or numerical protection levels will result, provided a monitoring plan as described in subsection 4.8.5 (A) (5) (c) (i) (III) is implemented by the operator. The operator shall submit all monitoring data to the Division. The Division may require the operator to update or modify the land application plan as necessary to address conditions revealed upon implementation of the monitoring plan. (iii) The operator may be required to demonstrate that land application practices at the facility are not resulting in exceedances of applicable water quality standards or numerical protection levels at a point of compliance established by the Division in accordance with section 3.11.6(D) of the Basic Standards for Ground Water (5 CCR 1002-8). If the site monitoring data obtained through the operator's implementation of the monitoring plan approved by the Division pursuant to subsection 4.8.5 (A) (5) (c) (ii), or obtained otherwise, reveals that nutrients or other pollutants are leaching into the vadose zone beneath or downgradient from any application site, the Division may require the operator to monitor the ground water at a point prior to the point of compliance. Where a modeled attenuation of pollutants in the vadose zone or in the ground water has been used as a basis for determining that applicable water quality standards or numerical protection levels will be met at the point of compliance, the Division may require detection wells or other monitoring along one or more lines parallel with the flow path in order to demonstrate that the predicted attenuation is taking place. Absent such demonstration, the Division may require the operator to alter the land application rate to ensure that no leaching 14 of nutrients or other pollutants into the vadose zone or ground water takes place. (iv) Applicable water quality standards for purposes of this regulation includes ground water quality standards adopted by the Commission. Where applicable ground water quality standards have not been adopted by the Commission, the Division will establish numerical protection levels based on the existing and any reasonably probable future beneficial uses of ground water, as outlined in section 3.11.5 (b) of the Basic Standards for Ground Water (5 CCR 1002-8), which need to be protected in the vicinity of the discharge. (v) The Division's determination of a numeric protection level pursuant to subsection 4.8.5 (A) () (c) (iv) above, will not be deemed to constitute a ground water quality classification or standard, and will not be binding on any persons other than the operator in question. If the operator or any other interested person disagrees with the numeric protection level determination made by the Division, the operator or the interested person may petition the Commission to adopt site -specific classification and standards. Any determination made by the Commission during the hearing process would then become binding on the Division and the operator. At the request of the operator or interested person, the Commission will consider such a hearing to be mandatory and de novo. (vi) Operators which land apply manure and process wastewater at aa rate provided d in this subsection 4.8.5 (A) ( ) (c) required to submit a manure and process wastewater management plan described in section 4.8.7, which shall include the land application plan required under this subsection 4.8.5 (A) (5) (c). (6) Other process wastewater disposal methods: If the operator proposes to use innovative methods of disposal prior written approval from the director must first be obtained. 15 (B) Treatment and Discharge: If treatment other than land application is utilized prior to discharge to state waters a CDPS permit shall be required for the operation. 4.8.6 ANIMAL FEEDING OPERATIONS- BEST MANAGEMENT PRACTICES The following Best Management Practices (BMPs) shall be utilized by animal feeding operations, as appropriate based upon existing physical conditions, and site constraints. Best management practices means, for purposes of this regulation, activities, procedures, or practices necessary for the reduction of impacts from animal feeding operations, as described in 4.8.6. The following practices to decrease runoff volume from animal feeding operations are BMPs within the meaning of this regulation: (1) Operators of animal feeding operations shall divert runoff from uncontaminated areas away from animal confinement areas and manure and process wastewater control facilities to the maximum extent practicable through: (a) Construction of ditches, terraces or other waterways; (b) Installation of gutters, downspouts and buried conduits to divert roof drainage; (c) Construction of roofed areas over animal confinement areas everywhere it is practicable. (2) Practices to decrease open lot surface area: (a) Where practicable, operators of animal feeding operations shall: (i) Reduce lot size; (ii) Improve lot surfacing to support increased animal density; (iii) Provide roofed area to the maximum extent practicable. (iv) Collect manure frequently; and (v) Eliminate animal confinement areas and manure and process wastewater control facilities in areas 16 (3) that slope in directions such that wastewater/rainfall cannot be collected. Practices to decrease water volume: (a) Oporaadjustfwaaterersfanndd1ng water systems rations shall repair or adjust minimize water wastage. (b) Operators of animal feeding operations shall use lowest practical amounts of water for manure and process wastewater flushing. (c) Water used to flush manure from paved surfaces or housed confinement areas shall be recycled if practical and applicable. (4) Practices to decrease wastewater discharges to watercourses: (a) Operators of animal feeding operations shall collect and allow wastewater to evaporate. (b) Operators of animal feeding operations shall collect and evenly apply wastewater to land at proper agronomic rates. (c) Operators shall not deposit such material which might pollute waters of the state in such locations that storm orm waterm lru woff lf carry r normally expected high such material into the waters of the state. (d) Process wastewater retention structures flsos all not be located within a mapped 100 y d plain as designated and approved by the Colorado Water Conservation Board (CWCB) unless proper flood proofing measures (structures) are designed and constructed. (5) Practices to minimize solid manure transport to watercourses: (a) Manure stockpiles shall be located awayfrom as watercourses and above the 100 year flood plain designated and approved by CWCB unless adequate flood proofing structures are provided. (b) Operators of animal feeding operations shall provide adequate manure storage apraiY upon manure and wastewater production. 17 (c) Settleable solids shall be removed by the use of solids -setting basins, terraces, diversions, or other solid removal methods. Construction of solids -settling facilities shall not be required where the division determines existing site conditions provide adequate settleable solids removal. (d) Removal of settleable manure and process wastewater solids shall be considered adequate when the velocity of waste flows has been reduced to less than 0.5 foot per second for a minimum of five minutes. Sufficient capacity shall be provided in the solids -settling facilities to store settled solids between periods of manure and process wastewater disposal. (e) Operators of animal feeding operations shall apply solid manure to suitable agricultural land at appropriate times and rates through the following practices: (i) Adjustment of timing and rate of applications to crop needs, in assuming usual nutrient losses, expected precipitation and soil conditions; (ii) Avoidance of applications on saturated soils; and (iii) Avoidance of land subject to excessive erosion. (f) Operators of animal feeding operations shall use edge -of -field, grassed strips filter fences or straw bales to separate eroded soil and manure particles from the field runoff. (g) Off -site areas for manure shall be applied in a manner consistent with paragraphs (1) through (4) of this section. (6) Practices to Protect Groundwater. (a) Operators of animal feeding operations shall locate manure and process wastewater management facilities hydrologically downgradient and a minimum horizontal distance of 150 feet from all water supply wells. (b) When applying manure and process wastewater to land, operators of animal feeding operations shall utilize a buffer area around water wells 18 sufficient to prevent the possibility of waste transport to groundwater via the well or well casing. 4.8.7 MANURE AND PROCESS WASTEWATER MANAGEMENT All new, reactivated, reconstructed or expanded concentrated animal feeding operations and existing concentrated animal feeding operations which have been determined by the Director tolbe in significant a noncompliance with these regueiinsshall lu to the manure and process wastewater management p Division. The Division withinwill 45provide of receipt of ents on t such he adequacy of the ce plan plan submittal, except for the land application portion, if required, the review of which is governed by subsection 4.8.5(A) (5)(c). This plan, shall include details demonstrating the facilitiesat a facilities' adequacy to comply with these regulations. The plan, atnar, minimum, shall include the following: leg local contact, legal description of the site, surface area of the site along hasdrainagtesge schematic, the design animal unit capacity, raters wastewater wastewaterd conveyance facilities, manure and process tment facilities, and information containment nand drprocess wastewater disposal sites. on the manure and p The Division may require additional information characterizing the manure and process wastewater if deemed necessary to insure protection of state waters. Process wastewater retention structures or manure 100- stockpiles shall not be located within o a mapped CWCB floodplain as designated and app unless proper flood proofing measures (structures) area designed and constructed. Facility designa s squ under this section shall be prepared by registered professional engineer, the USDA Soil Conservation Service or qualified Agricultural Extension Service Agent or other individual with demonstrated expertise in the design of such facilities. 4.8.8 MONITORING Existing concentrated animal feeding operations which are in compliance with the provisions of sections 4.8.3, 4.8.4, and 4.8.5 shall not be required to conduct water quality monitoring except as provided under subsection 4.8.5(A)(5)(c). The Division may request the Commission to require an operator of a concentrated animal feeding operation to perform site - specific water quality monitoring whenever the Division determines that the facility poses a significant potential risk to beneficial uses of state waters. In making a determination of whether monitoring should be 19 required pursuant to this control regulation, the Commission may consider factors which include but are not limited to: the size of the operation, the economic impact of the proposed monitoring activities, whether there is suspected contamination of state waters attributable to the facility, whether early detection of groundwater contamination is essential to protect valuable drinking water sources, and whether there has been a significant failure on the part of the operator to comply with this regulation and such significant noncompliance indicates there is a high probability that applicable water quality standards or numerical protection levels may be violated. FEEDLOT.99 20 HEALTH PART 1 GENERAL PROVISIONS Library References iieach one Eoetronmeni 'C _ . .101 .iS. Health and Environment §§ 106, 107, 125 to 133. § 25-8-101. Short title This article shall be known and may be cited as the "Colorado Water Quality Control Act". (Repealed and reenacted Laws 1981. S.B.10,-3 1.) Law Review Commentaries Burden of maintaining Colorado s water Water rights protection in water quality law. ouaiin. Melinda Kassen, 13 Colo.Law. 23 Gregory S. Hobbs, Jr. & Bennett W. Raley, 60 1989). C.Colo.L.Rev. 341 (1989). Notes of Decisions State policy 1 I. State policy Policy of state is that there should be maxi- mum utilization of water. A -B Cattle Co. v. C. 3., 1978, 589 P 2d 57, 196 Colo. 539. § 25-8-102. Legislative declaration (I) In order to foster the health, welfare, and safety of the inhabitants of the state of Colorado and to facilitate the enjoyment and use of the scenic and natural resources of the state, it is declared to be the policy of this state to prevent injury to beneficial uses made of state waters, to maximize the beneficial uses of water, and to develop waters to which Colorado and its citizens are entitled and, within this context, to achieve the maximum prac- tical degree of water quality in the waters of the state consistent with the. welfare of the state. It is further declared that pollution of state waters may constitute a menace to public health and welfare, may create public nuisanc-: es, may be harmful to wildlife and aquatic life, and may impair beneficial uses of state waters and that the problem of water pollution in this state is. closely related to the problem of water pollution in adjoining states. • (2) It is further declared to be the public policy of this state to conserve state waters and to protect, maintain, and improve, where necescnry and reasonable, the quality thereof for public water supplies, for protection and -: propagation of wildlife and aquatic life, for domestic, agricultural, industrial. and recreational uses, and for other beneficial uses, taking into consideration the requirements of such uses; to provide that no pollutant be released into_ any state waters without first receiving the treatment or other corrective action necessary to reasonably protect the legitimate and beneficial uses of such waters; to provide for the prevention, abatement, and control of new or existing water pollution; and to cooperate with other states and the federal government in carrying out these objectives. 430 HI , ; ER QUALITY CONTROL § 25-8-103 It is further declared that protection of the quality of state waters and )revention, abatement, and control of water pollution are matters of vide concern and affected with a public interest, and the provisions of article are enacted in the exercise of the police powers of this state for the ironment §§ :,use of protecting the health, peace, safety, and general welfare of the He of this state. This article and the agencies authorized under this article shall be the authority in the administration of water pollution prevention, abate- - t, and control. Notwithstanding any other provision of law, no depart - or agency of the state, and no municipal corporation, county, or other tical subdivision, having jurisdiction over water pollution prevention, ,tement, and control, shall issue any authorization for the discharge of utants into state waters unless authorized to do so in accordance with this cle. It is further declared that the general assembly intends that this article it be construed to require the development of a water quality program in inch the water quality benefits of the pollution control measures utilized • ace a reasonable relationship to the economic, environmental, energy, and _ blic health costs and impacts of such measures, and that before any final _:ton is taken, with the exception of any enforcement action, consideration given to the economic reasonableness of the action. Such consideration flail include evaluation of the benefits derived from achieving the goals of article and of the economic, environmental, public health, and energy -toacts to the public and affected persons. Repealed and reenacted Laws 1981, S.B.10, § 1.) Law Review Commentaries Water rights protection in water quality law. Thegory J. Hobbs, Jr. & Bennett W. Raley, 60 Coio.L.Rev. 841 (1989). "Colorado >. in water quarc Bennett W >e inhabitant: of of the scenic and y of this state to o maximize the :olorado and its maximum nrac- isistent with the state waters may public nuisanc- mpair beneficial n in this state is g states. Late to conserve necessary and - protection and tural, industrial, to consideration be released into >ther corrective meficial uses of intro) of new or and the federal I § 25-8-103. Definitions 1s used in this article, unless the context otherwise requires: 1) "Commission" means the water quality control commission created by ection 25-8-201. (2) "Control regulation" means any regulation promulgated by the commis- sion pursuant to section 25-8-205. L3) "Discharge of pollutants" means the introduction or addition of a aollutant into state waters. (a) "Division" means the division of administration of the department of wealth. (5) "Domestic wastewater treatment works" means a system or facility for treating, neutralizing, stabilizing, or disposing of domestic wastewater which system or facility has a designed capacity to receive more than two thousand gallons of domestic wastewater per day. The term "domestic wastewater treatment works" also includes appurtenances to such system or facility, such as outfall sewers and pumping stations, and to equipment related to such 25 Colo-atAnno.-15 431 § 25-8-502 HEALTH regular session of the general assembly following the imposition of the interim fee. (c) All fees collected pursuant to paragraph (b) of this subsection (1) shall be transmitted to the state treasurer who shall credit the same to the water quality control fund which fund is hereby created. The moneys in such fund shall be appropriated annually to the department of health by the general assembly which shall review expenditures of such moneys to assure that they are used only to fund the expenses of the discharge permit system. It is the intent of the general assembly that a portion of the expenses of the discharge permit system be funded from the general fund, reflecting the benefit derived by the general public. For the four fiscal years following fiscal year 1988, the portion of the expenses to be funded from the general fund may be adjusted for inflation. (2)(a) A complete and accurate application for all discharges shall be filed with the division not less than one hundred eighty days prior to the date proposed for commencing the discharge. (b) The application shall contain such relevant plans, specifications, water quality data, and other information related to the proposed discharge as the division may reasonably require. Prior to submitting an application for a permit, the applicant may request and, if so requested, the division shall grant a planning meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications, and data required to be furnished with the permit application. (c) An applicant shall be advised not more than forty-five days after the receipt of an application by the division if, and in what respects, the applica- tion is incomplete. Upon failure of the division to so advise the applicant, the application shall be deemed complete. If additional information is requested by the division within said forty-five day period, the division shall have fifteen days from the date the additional information is submitted to determine whether the additional information which was submitted satisfies the request and to advise the applicant if, and in what respects, the additional informa- tion does not satisfy the request. Upon failure of the division to so advise the applicant, the application shall be deemed complete. A decision that an application is not complete shall be considered final agency action upon issuance of such decision to the applicant and shall be subject to judicial review. A petition for review of such decision shall be given priority schedul- ing by the court. (3)(a) The division shall evaluate complete permit applications to deter- mine whether the proposed discharge will comply with all applicable federal and state statutory and regulatory requirements. (b) Public notice of a complete permit application and the division's prelim- inary analysis thereof shall be given as provided in subsection (4) of this section. Such notice shall advise of the opportunity for interested persons to submit written comments on the permit application and the division's prelimi- nary analysis or to request, for good cause shown, a public meeting on the application and analysis. Such a request shall be made within thirty days of 462 I tsit ir =ti' a d ; it st y to suet ter th d 'en fit ay 'e sl- ill )r cat or ..sch .rr applirni a :‘ion sh, . Kraut fie dirismai ,e- t-. in; iu... c 'be _ a^ ishcd ,'.`t !rt.! days ahe ;>ects, he nlia- se tae applicant, _7e ,rmation'.s reguested shall 'bat :e `fifteen cutred to determine antis! ies :he request additional intorma- tston to so acivtse the \ decision that an agency action upon r_ subect to judicial yen priority schedul- oplications to deter - dl applicable federal .he division's prelirn- ,bsection (1) of this nterested persons to le division's prelimi- bltc meeting on the within thirty days of ; µ.TER 12ALITY CONTROL public notice of the permit application and the division's prelimi- sis thereof. If a public meeting is requested and the division, in its and for good cause shown, grants such request, the division shall meeting not more than sixty days after the initial public notice. on shall provide notice as provided in subsection (4) of this section nlic meeting not less than fifteen days prior to the date of such § 25-8-502 T, period for public comment shall close thirty days from the date of c.2 et the permit application and the division's preliminary analysis except that, if a public meeting is held on the application and sis, The period for public comment shall close sixty days from the date of aC the application. Public notice of every complete permit application and the division's red m'nary analysis thereof shall be circulated in a manner designed to t:;onn nterested and potentially interested persons of the application and analysis. Procedures for the circulation of such public notice or a notice regarding a public meeting concerning an application and analysis shall be established by the commission and shall include at least the following: Notice shall be given by at least one publication in a newspaper of _eneral circulation which is distributed within the geographical areas of the proposed discharge. b1 Notice shall be mailed to any person or group upon request. (e) The division shall add the name of any person or group upon request to a mailing list to receive copies of notices for all discharge permit applications within the state or within a certain geographical area. (d) The division shall also, during the period from the date of the initial aublic notice of the application and analysis to the close of the public comment period, maintain in the office of the county clerk and recorder of the county in which the proposed discharge, or a part thereof, is to occur a rope of Its preliminary analysis and a copy of the permit application with all accompanying data for public inspection. (5)(a)(I) Except as provided in this subsection (5), if the division has not finally issued or denied a permit within one hundred eighty days after receipt of the permit application, unless this time limit is waived or extended by the applicant or if the division determines at any time after receiving an applica- tion that it cannot issue a permit prior to the expiration of an existing permit, :he division shall issue a temporary permit or the existing permit shall be extended pursuant to the operation of section 24-4-104, C.R.S. (II) In the case of each permit application, the deadlines established pursu- ant to subparagraph (I) of this paragraph (a) shall be extended by: (.A) The number of days which an applicant takes to submit information requested by the division pursuant to paragraph (c) of subsection (2) of this section plus the fifteen days provided for the division to evaluate such additional information; and ;B) Thirty days, if a public meeting is held pursuant to subsection (3) of this section. ]5 ooio_..at Anno.—,s 463 N VIN FFr W W W W W W n N N t/1 Vi00 CI Ana aaa r Cl Cv CM CI f1 l pf->tt_ ?Rab. I • r i• • 3 1 2 l 0 IA r a Moark Production Inc. Design Alternatives 1. Wastewter Treatment a. Egg Washing Facility i. Average and Peak Daily Flow > 3,000 gpd (1) Alternative 1 (a) Septic Tank / Leach Field (i) Groundwater Discharge Permit required (2) Alternative 2 (a) Unlined Lagoon (i) Groundwater Discharge Permit required (3) Alternative 3 (a) Lined Evaporative Lagoon (i) Permit required Moark Production Inc. Design Alternatives (continued) b. Employee Housing i. Average and Peak Daily Flow < 3,000 gpd (1) Septic Tank / Leach Field (a) Part of SDPS permit above Moark Production Inc. Design Alternatives (continued) 3. Confined Animal Feeding Regulations a. Phase 1-3 Manure Handling i. Alternative 1 (1) Sun Drying and composting ii. Alternative 2 (1) Sun Drying, composting and pelletizing b. Full Development i. Alternative 1 (1) Sun Drying and composting ii. Alternative 2 (1) Sun Drying, composting and pelletizing Moark Production Inc. Summary of SDPS Requirements Groundwater Discharge 1. Site Application a. Facility Mapping b. Facility Sketch c. Site Studies Information d. Geology/Hydrogeology of Site e. Water Quality Requirements 2. Plan of Operation 3. Monitoring and Testing EE SEPARATE SHEET DISAPPROVE COG REVIEW I— t., 5 0— )-Z NQ OJV (..O. LOCAL HEALTH C Z W 0 Y Q w en 2 0- 0CI- U Q cc w _ EZ N Z O W '(l) C / W U 0 cr APPROVAL Confined Animal Feeding Operations 1. No discharge of on -site storm runoff a. Retention of storm runoff from 24 hour 25 year storm in manure handling facility b. Adequate protection of manure handling facility from on -site and off -site runoff c. Operation and Maintenance of retention facilities which includes: i. timely and approved remove of wastewater from no -discharge retention ponds, and ii. periodic maintenance of berms, dikes and throughways. El EXHIBIT 231-- i Confined Animal Feeding Operations (continued) 2. Groundwater Protection Requirements a. Installation of acceptable permeability materials in manure handling facilities to prevent leaching. Confined Animal Feeding Operations (continued) 3. Disposal of Manure and Process Wastewater a. Manure i. Seasonal land application and specified rates on lands were no commercial fertilizers are used ii. Seasonal land application on lands were commercial fertilizers are used based on agronomic analysis of nutrients and computation of seasonal nutrient balance iii. Land application at amounts exceeding above rates based on: (1) site -specific agronomic analysis, (2) site -specific nutrient balance, and (3) site -specific monitoring approved by the state. Confined Animal Feeding Operations (continued) 4. General Location Considerations a. Out of 100 year flood plain b. 150 feet away from existing wells CASE SUMMARY ZCH-64 Richard Hesse July 11, 1973 SUP -208 approved. March 11, 1990 Original zoning compliance letter mailed co J.N. Thompson Farms, Inc. with photocopy to Richard Hessee regarding extra pens on the property. May 31, 1990 Letter received from Richard Hessee stating his intent to file an application to amend SUP -208. June 28, 1990 Probable cause hearing scheduled for July 11. July 11, 1990 Board of County Commissioners schedules Show Cause Hearing for August 29, 1990. August 20, 1990 Application to amend SUP -208 received by Department of Planning Services. August 29, 1990 Board of County Commissioners approved continuance of Show Cause Hearing to November 7, 1990. September 18, 1990 Planning Commission holds public hearing and recommends denial of the amended SUP application. October 10, 1990 Board of County Commissioners holds public hearing and continues amended SUP hearing to December 12, 1990. November 7, 1990 Board of County Commissioners continues show cause hearing to December 12, 1990. December 12, 1990 Board of County Commissioners holds public hearing and denies amended SUP request. Board of County Commissioners continues show cause hearing to March 13, 1991, at 10:00 a.m. March 7, 1991 oh 7, 1991 Wes Potter states that a plan regarding compliance of the existing facility with the Colorado Department of Health Guidelines For Feedlot Rene- has not been filed. .: Inspection by LanS.aa nson. Curren:..�. _.__ -.-" s the pens have not been removed. 910210 From : FIRST NATIONAL BANK PHDNE No. : 719 335 2500 Oct.15 1991 10:39AM P02 J R FIRST NATIONAL DANK h i LAMAR •FZir 20o so...ti M.d., • e n a../ OUR • isms.. cninrsein R1ns2 • 719/12G-4351 Hr. Richard Hessee c/o Roggen Feedlot, Inc. 35895 WCR 18 Roggen, Colorado 80652 IRREVOCABLE STANDBY LETTER OF CREDIT No. 11 Date: October 15, 1991 Amount: $14,654.00 Applicant: Richard Hessee Beneficiary: Richard Hessee Expiration Date: October 21, 1991 Gentlemen: We hereby issue our irrevocable standby letter of credit in favor of the above named beneficiary. Requests to draw on this L/C will require written drafts presented to us by the expiration date with the following documents: Bills and/or a letter documenting the funds are for payment on the purchase and installation of stock tank heaters for Roggen Feedlot,Inc. in Weld County Colorado. First National Bank shall not be in any way responsible for performance by any beneficiary of its obligations, nor for the form, sufficiency, correctness, genuineness, authority of person signing, falsification or legal effect of any documents called for if such documents on their face appear in order. This L/C is subject to the law and customs and practices of the trade existing in the area where the beneficiary is located, said L/C shall be subject to, the "Uniform Customs and Practices for Documentary Credits (1983 Revision), International Chamber of Commerce, Publication No. 400". First National Bank in Lamar Clay 4. Whitham, President From : FIRST NATIONAL BANK PHONE No. : 719 336 2500 Oct.15 1991 10:40AM P03 ,/L FIRST NATIONAL BANK in LAMAR 'Fir Soo a.........n..... . I" .. Mr. Richard Hessee c/0 Roggen Feedlot, Inc. 35895 WCR 18 Roggen, Colorado 80657. IRREVOCABLE STANDBY LETTER OF CREDIT No. 10 Date: October 15, 1991 Amount: $13,510.00 Applicant: Richard Hessee Beneficiary: Richard Hessee Expiration Date! November 27, 1991 Gentlemen: We hereby issue our irrevocable standby letter of credit in favor of the above named beneficiary. Request's to drew on this T./f1 will require written drafts presented to us by the expiration date with the following documents: Bills and/or a letter documenting the funds are for payment on the excavation project for the cxpanoion of a waste water runoff lagoon for Roggen Feedlot, Inc. in Weld County Colorado. First National Bank shell not be In any way ieeponaiblc for performance by any beneficiary of its obligations, nor for the form, sufficiency, correctness, genuinencoo, authority of person signing, falsification ur legal etievl of any document° called for if such documents on their face appear in order. This L/C is subject to the law and customs and practices of the trade existing in the area where the beneficiary is located, said L/C shall be subject to, the "Uniform Customs and Practices for Documentary Credits (1983 Revision), International Chamber of Commerce, Publication No. 400". First National Bank in Lamar 4/4/474 _ - Clay O. Whitham, President Hello