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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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982259.tiff
TODD AND SUSAN HARRIS August 31, 1998 Connie Harbert Weld County Commission Box 758 Greeley,Colorado 80632 Dear Connie: My name is Todd Harris, I am writing this letter as a taxpayer of Weld County If you have time, I sure would like to receive a response. A matter has come up which is of great concern to me,my future,and that of many Weld County citizens. But before I get into my concern, I would like to ask you a couple of hypothetical questions. If,by some chance,a landowner next to the Greeley city limits,well within the planned city growth area and adjacent to a city park,cemetery,and planned housing,decided they were going to expand their farming operation and put in a 5000 head cattle feedlot or confined feeding operation, would you as county commissioner approve such a request? Would you approve of such a request even if the city protested and disapproved the request and demonstrated clearly that such a request was in direct conflict and totally incompatible with anticipated zoning for the property? Would you approve of such a request even if went directly against the COUNTY/TOWN coordinated planning agreements already in place? I would hope not, but am eager to hear your reply as the situation that concerns me, is nonhypothetical and except for the location mentioned above,is currently being proposed in Weld County. An application has been made and approved by the Weld County Department of Planning Services staff to permit a 5000 head confined feeding operation within the Town of Platteville's urban growth boundary. This is more than a slap in the face to the citizens of Platteville,it is"planning for problems"and conflict. The purpose and objective of the coordinated planning agreement,[Intergovernmental Agreement, IGA (Weld County Ordinate No. 187)]is to accomplish development to protect the health, safety,prosperity and general welfare of the county's citizens. It can't be said that the proposed confined feeding operation will protect the health,safety, prosperity and general welfare of the citizen's of Platteville. The confined feeding operation is planned just to the East of Platteville.According to the site description,page 2,the building site on the 200+ acre parcel is slightly vegetated and has an approximate slope of 4 degrees to the West,which would overlook the town. Such an operation would devalue the property of all the households in Platteville. If you do not believe me,ask the citizens of Greeley.Would approval of this application be looking out for their prosperity and general welfare of this NEIGHBORHOOD (sec.24.3.1.7 planning) and the COUNTY? The purposes and objectives of coordinated planning (IGAs) are also to reduce the waste of physical, financial and human resources, resulting from either excessive congestion or excessive scattering of the population. Approval of this application would also be contrary to these objectives. One certainly can not "reduce scattering" if one allows feedlots to be built in urban areas and forces the populace into other agricultural areas of the County. It is not in the TOWN's or the COUNTY's best interest or welfare to have subdivisions in outlying areas and feedlots in planned town growth areas. The planned development of the Highway 85 corridor, to move traffic,promote safety, and reduce congestion, utilizes a Road 29, as the main (only) North-South collector on the East side of Platteville. The right-of-way for this collector/connector, which would parallel Highway 85 would be in the middle of the proposed confined feeding operation (which doesn't recognize this right-of-way). If the County is to be proactive, rather than reactive, and keep the best EXHIBIT 13395 BURLINGTON BOULEVARD • BRIGHTON/CO. • 80601 PHONE: 303-6599201 • FAX: 303-286-3029 icsAiinse 982259 2- AUGUST 31,1998 interest of the majority of it's citizens in mind,it should follow the mutual promises and undertaking agreed to in the coordinated planning agreement(IGA). The Town of Platteville has, since entering into the coordinated planning agreement been updating it's Comprehensive Plan. Planned municipal service maps have been completed at considerable expense. Since receiving a draft annexation/zoning petition,the TOWN has paid for capacity assessments for its water and sewer, and budgeted crossings for under Highway 85. Anticipated residential, industrial and commercial zoning is (was?) anticipated adjacent to where application has now been made for a " special review permit for a confined feeding operation for 5000 head of cattle." As Platteville has a very limited growth area to the West, because of the flood plain of the South Platte,the most efficient,economical,and practical development can only occur to the East. Approval of the application for the confined feeding operation would "kill" much the town's hopes of attracting any further industrial/commercial growth and additional tax base. It would stagnate as a bedroom community to the Denver Metro area and become more of a liability than asset to Weld County As an adjacent property owner,who was not listed in the application for special use permit (nor was the TOWN of Platteville) I had no opportunity to review the application. After reviewing the application, it was difficult to comprehend how the application could be recommended for approval. We did not see the document SPECIAL REVIEW PERMIT-ADMINIS 1'RATWE REVIEW until after the planning commission hearing, because we were not listed as adjacent property owners, although we own the quarter section to the South of the applicant. This document as well as the application has several errors. The first of which was already mentioned,all adjacent landowners were not notified. The application calls for explanations in detail, explanations are sketchy at best. A errors we noticed were: 1) The first question asks to explain, in detail, proposed use. The first response is a gross error of omission. It infers the existing and proposed use is unchanged (although no feeder corrals presently exist) and provides no detail as to what proposed plan is for expansion. 2) The second question asks for an explanation of how proposed use is consistent with Weld County Comprehensive Plan. Evidently neither the applicant nor the planner read the Weld County Comprehensive Plan portion regarding Coordinated Planning Agreements or Weld County Ordinance 187. The planner in the administrative review states "the soils are prime if irrigated," the applicant states (item 2) "soils are not prime agricultural soils" 3)An adjacent town,five houses within 500 feet, a cemetery,park,Road 29,proposed residential,and commercial industrial are not compatible with 5000 head confined animal facility. A whole town's economy stands to be drastically changed. 4) The dairy that existed since 1969,was no where near the size of the one proposed in the application. A small dairy near a small town can coexist, a large confined animal facility and small town can't. Existing use does not justify expansion, and such an expansion would not be compatible with the present planning agreement, planned zoning, or any of the present neighbors. A 5000 head confined animal facility is not a USE comparable to surrounding land USE. 5) In no way would the USES be compatible with future development of the surrounding area as projected by the coordinated planning agreement. The proposed site is within the TOWN's urban growth area. 6) The application smooths over and inadequately answers many questions. Like, "explain where storage and stockpile of waste will occur.?" The answer given is "centrally located where runoff can be controlled and nuisance conditions minimized." Duh, where is that? The application does not mention any manure trucks hauling waste,when asked what vehicles will enter site and how often. With the production of 150 tons of manure daily next to a town, questions of storage and transport should be answered. Without such answers the application must be considered incomplete. 3- AUGUST 31,1998 Well,this letter is getting long, and I am getting tired. If you would like citations of sections of existing Weld County Ordinances that provide support to denial of the application for USR-1195, I would be more than happy to provide them to you. Certainly, the Intergovernmental Agreement between the Weld County Board of Commissioners and the Town of Platteville, Ordinance No. 187, March 12, 1996 should be considered as a contract which would lead to denial. We look forward to hearing from you. Thanks for your consideration of this matter,I look forward to hearing your response. Sincerely, Todd Harris Weld County Landowner Bella Holsteins Gary Henrickson *11 13278 13278 Road 32 (970) 785-2415 Platteville, CO 80651 „it', IL' tit September 1, 1998 Dear Mr. Jiricek, This letter is in response to your letter of complaint. As you are aware,we are in the process of obtaining a U.S.R. permit from Weld County. At no time in the past or in the future will Bella Holsteins, Inc. knowingly allow an effluent discharge to occur. We cannot dispute the tapes taken of alleged discharge,but can offer reasons of vulnerability during said date of August 12, 1998. To be in compliance with CAFO regulations and Weld County Zoning Ordinance,Bella Holsteins, Inc. was in a proactive mode to upgrade our pipeline infrastructure at the time of said violation. After interviewing our employee in charge of this area, lam confident that he had no knowledge of a discharge and due to construction limitations, did not have available the pipeline necessary to move tail water from the pond that collects off an irrigated corn field to the south. Our construction project is finished with over 4,500 feet of new 10'pipeline installed. This pipeline project will allow us the flexibility to hold almost any amount of run off with placement to over 200 acres owned. Bella Holsteins, Inc. is building its facility infrastructure to be a leader in the dairy industry and one of which Weld County can be proud. I hope this answers and alleviates your concerns regarding this matter. Please feel free to contact Bella Holsteins, Inc. to further discuss this matter or schedule a tour of our waste handling facilities. Sincerely, 44L Gary Henrickson Weld County Mannino Dept. President Bella Holsteins, Inc. SEP 1 0 1998 cc. Julie Chester cc. Jeffrey L. Stoll cc. Lee Morrison RECEIVED cc. Victor Sainz cc. Andrew Schmidt 4 IX141*IT tAtr_-44tHe DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT IGREELEY, CO 80631 A111111e TION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 September 28, 1998 ^unty Plann ing n,pt. Thomas Haren RAP 2 Environ Stock, Inc. 0 1998 11990 Grant Street, Suite 402 �� Northglenn, Colorado 80233 ,� 1.1 Subject: Bella Holstein, Inc. Dear Mr. Haren: The Weld County Health Department (WCHD) has reviewed your September 22, 1998, letter. This letter was submitted to supplement information provided by Gary Henrickson, in a letter dated September 1, 1998. As you recall, our staff determined that Mr. Henrickson's letter did provide adequate information as requested in my letter dated August 25, 1998, concerning an alleged discharge of process wastewater from the Bella Holstein, Inc. facility. The WCHD has found the supplementary information presented in this letter to be adequate as submitted. However, please note that regardless of whether the facility's Use by Special Review is approved, the facility must submit its manure and wastewater management within 60 days of the September 30, 1998, hearing. If you have any questions, please do not hesitate to contact me at (970) 353-0635, extension 2232. Sincerely, , • Trevor Ji ek Supervisor Environmental Protection Services tj\1105 cc: Jeff Stoll, Director, Environmental Protection Services Lee Morrison, Weld County Attorney's Office a Andrew Schmidt, Town of Platteville Julie Chester, Weld County Planning Department Victor Sainz, Colorado Department of Public Health and Environment EXHIBIT Gary Henrickson, Bella Holstein, Inc. u≤i. lit) SEP-30-1998 0831 P.01 11990 Grunt Street, Suite 402 Denver,Colorado 80233 YtRO Phone(303)457-4322 • §N Fax(303)457-4609 "PstC. Tuesday, September 22, 1998 rry /�a TrevorJiricek •SEP n Weld County Health Department 1517 16th Ave. Court • Greeley, CO 80631 Subject: Bella Holsteins; Certified Letter Z 130 100 207 Dear Trevor: This letter is in response to your certified letter dated August 25, 1998 regarding an alleged discharge from Bella Holsteins,Inc, and our subsequent telephone conversation on Friday, September 1I, 1998. As required by Section 47 of the Weld County Zoning Ordinance concerning the establishment of a violation, we are formally responding with the following plan of correction and detailed timeline: 1. Bella Holsteins has completed the installation and testing of a 4500', 10"PVC pipeline from the easternmost lagoon to the western lagoon system. This system now allows the facility to move water from either the east or west sides of the facility to storage areas with the most retention capacity. Additionally,four risers and valves were installed along this new line to facilitate improved land application of the water from the storage systems. A revised site map depicting the new line will be forwarded to your office. This system also allows for the blending of process water with irrigation water for accurate nutrient management and subsequent land application. Necessary valves and air breaks are in place to prevent the back low of process water into an irrigation water supply. 2. Currently, manual mechanical pumps are used to transfer water throughout the newly installed system. The system will be integrated into the facility's freestall barn flush system. When fully integrated and online, the system will use automatic floating electric pumps with float valves and pressure regulators to automatically transfer water and adjust storage elevations. This system will be installed and operational within 120 days. Serving Environmental Needs of the Livestock Industry 09/30/98 07:31 TX/RX N0.2617 P.001 SEP-30-199B 08=31 P.02 While a discharge under any circumstance is regrettable,we are certain that the discharge claim in your letter was unfortunately attributable to the installation and testing of a system designed to improve water management and minimize digrharge potential from the facility. As required in Section 47 of the Weld County Zoning Regulation,more specifically Section 47.2.5 states,"Drainage facilities or improvements shall be constructed to protect any rivers, streams or other bodies ofwater from pollution. " Section 47.2.6 further states, All runoff and containment facilities shall meet and be maintained in accordance with the Colorado Department of Public Health and Environment's Confined Animal Feeding Operations Control regulations (5 CCR 1002-19).-- " As discussed in our September 11`h telephone conversation, Bella Holsteins has submitted a draft Manure and Wastewater Management Plan to your office and Weld County Planning and Zoning Department in conjunction with a Use-By-Special-Review(USR)permit application. A hearing on the USR application is scheduled for September 30, 1998. Upon completion of the hearing,Bella Holsteins will submit a completed and revised Plan within 60 days. The Plan will outline all piping,pumping and mechanical controls within the water management system, gxeasures to prevent surface water impacts, along with the required waste management controls. If you require an additional copy of the current Manure and Wastewater Management Plan with this response or require additional information,please contact me directly at(303) 457-4322. Sinc ly, til Thomas Haren Vice President • Serving Environmental Needs of the Livestock Industry TOTAL P.02 09/30/98 07:31 TX/RX NO.2617 P.002 Sap-25-96 02:27pm From-CSU ANIMAL SCIENCES ♦9794915326 T-593 P.02 F-601 O • • : ,II • Ur>;wenm Dept. of Animal Sciences (970) 491-5390 Cooperative Extension TAX: (970) 491-5326 Colorado Suite University Fo r Collins,Colorado 80523 September 25, 1998 M E•M O R A N D U M TO: Commissioners of Weld County / �^Y� c���� FROM: William It Wailes — — 4.. ' • Extension Dairy Specialist SUBJECT: Special Use Permit for Bella Holsteins, Platteville, CO I will be out of state during this hearing but, would like to recommend Bella Holsteins for this permit under special review. It is extremely critical that you know in recommending Bela Holsteins, I do this with careful thought and investigation. This permit for Bella Holsteins makes a tremendous commitment on Gary Henrickson's part as far as moving his dairy forward, his livelihood and commitment to being one of the finest dairy operations, not only in the county but in the United States. There are only a handful of dairies that I recommend new visitors that come in from out of state to visit. Gary Henrickson's Bella Holsteins is one of these places that I highly recommend. Gary, for many years, has been on the leading edge with his management skills. Gary has demonstrated his management abilities by leading his herd to top milk production as compared to other herds in the state. Also, Gary is very concerned about the appearance of his operation and goes beyond the call of what any agricultural producer would attempt in order to make his place very attractive. Gary Henrickson's commitment is extremely important to what he is all about. He lives currently on the operation in a very attractive home. Gary would not want anything to distract from his ability to live in a environment that would be intrusive on other neighbors any direction from his operation. You do not have to visit long with Gary to fmd out how committed he is to making his dairy operation, Bella Holsteins, one of the finest in the United States. Gary's skills will lead him into this next century with one of the most aesthetic looking and profit-driven dairy operations in Colorado. Again, I highly recommend Gary Henrickson for approval on this special use permit. His dedication to his family, the dairy industry, and to his community are very important to Gary. Thank you for your time. WRW:nw Colorado State Untventicv.US.Department of Agriculture and Colorado o all withouties discrimination. Cooperative� programs are x 4. EXHIBIT txsR eggs Talley Pigafe £f(pnufactured (Home Community 731 Grand Ave, PO(Box 421 Office'Home site #16 Platteville. Colorado 80651 Phone-aax 19701 T85-2288 September 29, 1998 To whom it may concern, Valley Village Manufactured Home Community has conducted business with Bella Holsteins (Gary and Roberta Henrickson) for many years. During this time we have had a very good working relationship . Many of their employees live in our community and those same employees maintain their homes in a high standard. The employees also put their money into the businesses of' Platteville . In view of this both Bella Holstein and their employees are part of the economic stability of the Platteville area. As a resident of Platteville myself I chose this small town because of its rural setting. " Rural setting" means agriculture and all of the things that come along with it. Bella Holsteins has been part of that setting for several years. I really do not believe that the expansion of the dairy will make that much difference. We already have flies and agricultural smells, not only from the dairy but also from Longmont Foods and Morning fresh farms . If the smell is the main concern then we must not forget the towns sewer lagoon which is located just on the edge of town, or the smell from the cows just on the other side of the river. The people of Platteville are concerned because they wish to build homes in the direction of the dairy, and if it expands then they will not be able to sell those homes. I believe that if this is the case then all of the homes in the Grandview Estates subdivision west of Platteville would not have sold either. These are $200,000.00 homes that are located almost directly across the highway from Colorado Dairy. Platteville also has the option of expanding in other directions if it chooses to do so. Though to maintain the small town we must not expand our residential areas too much. We must remember that we live in a RURAL community and that Dairies, Egg farms, and Crops are part of why we live where we do. The new high school football stadium in the middle of a corn field, how lucky we are to live in this type of environment. I f we did not want those types of things then we would have chosen to live in cities, there are plenty of them around us. Where we can put up with more violence , crime, drugs, traffic, exhaust smells, buildings , no sense of community, not knowing almost everyone and nothing beautiful to look at. Sincere]{, J. a Brewer anager Valley Village RAY E. OLIN 13487 W.C.R. 32 Platteville, Colorado 80651 (303) 785-2352 July 29.1998 Department of Planning Services 1400 N. 17th Ave. Greeley, Co. 80631 , RE: USR-1195 Dear Sirs, Bella Holsteins (Gary and Roberta Henrickson) asked me to write a letter stating of how they are at being a good neighbor. Gary and Roberta and family have been a good neighbor. We have had some business dealings with them and most of these have worked out. Sincerely, y E. Olin Shi'r'ley#A. Olin JUL-29-59 09:02 AM TOWN AND COUNTRY VET 303 T85 228E P. 01 1 4.1 r l rf dry Ct' luly 29, 19911 To whtm it may concern, This later Is In match ro the USK application by Bella Holsteins(Hmricksoo) Being a resident of Mattering since 1985 1 feel it is inlportont to centime to encourage"clean", minimal impact agricultural optretioas especially neat urn.towns. Bells Dairy has talcum numerous measure,to insure that it hes she hest undesirable cfTvcls Iuwsrds its 'telethon. 1 feel it would be a grave injustice to discourage these kind of sgr4whurel operations in favor UT sty operstiats Thal do not hen the concerns of its ntighbors at hear. Sincettly, lam... 7"• 1. Thompson DYM P.O. BOX 450 PLATTEVILLE, COLORADO 80651 303-785-2284 \ li j�T�+ 15121 Weld Co. Road 32 Platteville, CO 80651 ijYV (970) 785 2889 Denver (303) 6594003 LRE LH (970) 785-6330 FAX 1 FARMS July 28, 1998 Weld County Commissioners 915 10"' Street Greeley, CO 80631 We understand that Bella Holsteins, Inc. has applied for a permit to expand their dairy operation. Based on the following factors, we encourage you to approve their request. • This is one of the finest dairies in Colorado.-They are excellent neighbors and have proven themselves over the years to operate in a responsible, first class manner, • Bella is well located to serve the needs of the Front Range and our population growth requires increased capacity. • This expansion will provide additional benefits to our community through increased employment and feed purchases. I believe Bella Holsteins, Inc. is good for Weld County and should be allowed to expand. Sincerely, Joe Raith LONGS PEAK EQUIPMENT COMPANY 4322 HWY 66 LONGMONT,CO 80504 LONGMONT(970)938-4474 DENVER (303)892.0684 TOLL FREE 1.800.675.4020 Tr-\FINIS I_ - Fat September 29, 1998 To whom it may concern, This letter is being written to support the expansion of Bella Dairy, located at 13278 Weld County Road 32. Platteville,Colorado. • Bella Dairy is a well managed,extremely clean and vital business. The Dairy's expansion will bring in more revenue to the area businesses and increased tax revenue base for the town and schools. The economic survival of this area depends on the economic strength of outstanding businesses such as Bella Dairy. Sincerely, Kevin R Olson General Manager •O Sill Sep 29, 1998 7101teed 014.41€1. Sowiaa Pe v..rt?•P"- - e0 FOA51• 1170)39 •9549 September 29, 1998 To: The Weld County Conunissioners From: Miller Panes and Miller Oilfield Services I have been a resident of the Platteville area for many many years. I have watched Bella Holsteins,Inc. grow over the years,and have not at any time experienced increased flies or odors due to their growth. Bella Holstein,Inc. purchases feed for their dairy locally, providing a sound market for many farmers in this area. I support and believe that their expansion permit would be a tremendous asset to our community. Thank you r your time and consider • /tiler COLORADO CATTLE SERVICES, INC. P.O. BOX 610 -607 MAIN STREET, PLATTEVILLE,CO. 80661 (970)786-2212 SEPTEMBER 29, 1999 WELD COUNTY COMMISSIONERS 916 10TH STREET GREELEY, CO. 00631 SUBJECT: BELLA HOLSTEINS DEAR LADIES AND GENTLEMEN, MY WIFE COOKIE AND I,OFFER OUR FULL AND UNRESERVED SUPPORT FOR THE EXPANSION OF BELLA HOLSTEINS DAIRY. WE HAVE HAD AN OFFICE IMMEDIATELY WEST OF BELLA SINCE 1978 AND HAVE NOT HAD ANY KIND OF PROBLEM WITH ODOR, NOISE OR FLIES. IN THE PAST TWENTY SEVEN YEARS I HAVE VISITED ALMOST EVERY DAIRY IN THE STATE OF COLORADO AND HAVE HAD THE OPPORTUNITY TO VISIT MANY OTHER DAIRIES ACROSS THE UNITED STATES AND I HAVE ONLY VISITED TWO OR PERHAPS THREE DAIRIES THAT WERE AS CLEAN AND AS WELL MAINTAINED AND MANAGED AS BELLA HOLSTEINS. IN ADDITION TO THE TREMENDOUS ECONOMIC IMPACT THAT BELLA HOLSTEINS PROVIDES IN WELD COUNTY, ROBERTA AND GARY HENRICKSON ARE EXEMPLARY CITIZENS AND ARE VERY SUPPORTIVE OF PROGRESSIVE YOUTH PROGRAMS ON BOTH SCHOOL AND 4-H LEVELS, IF YOU SHOULD REQUIRE ADDITIONAL IMFORMATION OR COMMENTS PLEASE DO NOT HESITATE TO CONTACT US. SIN LY, /��� �/�� � /��� C.p9/to (1b4'd ROGER S OOKIE SEN COLORADO GATT E SERVICES, INC. 970-786-2212 '_JUL-28-98 05:39 PM ELLIS & CAPP 9703529179 P,02 Ellis s Capp Equipment Co CAr1LTON C. BMNFTY, PgE6 r1ENr P.O BOX 98 301 EAST RU+ FrRrrT GRCCLEr.Cut UOAI in 0031 (070) 3529141 July 28, 1998 TO TI lF: WELD COUNTY BOARD OF COMMISSIONERS: RE: Five Thousand Head Permit for Bella Ilvlstrins,Inc. 13278 Weld County Road 32 Platteville,CO 80651 Owners:Gary and Roberta Henricksen I have known Gary and Roberta Henricksen for over fifteen years and urn very familiar with their dairy operation in Platteville. I feel that their operation is one of the cleanest and best-managed dairies in Weld County. Having been in the farm equipment sales business for almost twenty years, I have had the opportunity to be around a lot of dairy and feedlot operations, Gary and Roberta have un exceptional operation. Their pens,buildings, fccdyards and lagoon arc always clean and well kepi. I fc;l Bella Holsteins, Inc. is a true asset to our community. As purchasers of all kinds of Ag product%and machinery,an enlargement of their operation would he a true enhancement to our whole community. I would be very pleased to see then get the approval they are requesting for their operation. I know that they will handle this enlargement very professionally. I would he glad to answer uny questions you may have with reference to this matter. Please contact me at 970.539-1815, Sincerely, in'Kindsfeter Sales Manager DOUBLE TREE RESTAURANT HWY. 85 PLATTEVILLE, CO 60651-0117 (9701785-2238 DOUBLET E ETA .r `N T AA µµ September 29, 1998 Weld County Commissioners 915 10th Ave. 'Greeley, CO 80631 To Whom It May Concern: This letter is in reference to the proposed expansion of Bella Holsteins, 13278 WCR 32, Platteville, CO. The employee's of Bella Holstein do support the business of the Double Tree Restaurant and therefore the Double Tree Restaurant does not oppose the expansion. However, the Double Tree Restaurant does not wish to support the expansion either. Any further questions may be directed to myself at(970)785.2238. Sincerely. 9.2444:79:1441614,59 Jesse Ferge, Owner Double Tree Restaurant 701 Vasquez Platteville,CO 80651 sfp ' jJ�S� ,r jt"Sr�r a•. . S k} t. '1�4� h \ ks i ._tTM Independent Bank Main Sank KERSEY D.O.Box 558 301 1st Street September. 29, 1998 Kersey,W 80644 970-3562265 Fax 970-356-0418 Weld County Commissioners Other Locations FT.WPTON P.O. Box330 To Whom this concerns, 112 Denver Avenue Ft,Wilton,CO 80621 303-857-0300 RE: Bella Holsteins Inc. and Gary Henricksen. Fax 303-857-2585 cREELEv 1503 9th Avenue Bella Holsteins Inc. and Gary Henricksen have been Qreeley,eoa0631 customers with Independent Bank in Platteville 970-346.8111 since 04/18/96 . They have handled their accounts Fax 970a46-8151 as expected and are considered valuable customers of our bank. PLATTEVILLE P.O.Box 385 If you have any questions, please call 390 Justin Avenue (970) 785-2264 . Platteville,CO 80651 970.785.2264 Fax 970-785-2244 S l.RC lyr`JJ�/� STERLING e, P.O.BOx 1672 122 West Main Blaine D. Breit Sterling,C080751 Vice President 970-522-5151 Fax 970-522-7636 WELLINGTON P.O.Box 460 4100 Harrison Wellington,CO 80549 970-568-9355 Fax 970-558-7263 WIGGINS P.O.Box 220 502 Central Wiggins,CO 80654 970.483-7334 Fax 970.453.7302 MENDER Fp[ EOIIAt MOUSING lHW[R PETITION OF OPPOSI'T'ION TO THE EXP,%NSU )N OF THE BELLA HOLSTEIN DAIRY we,the undersigned citizens of Platteville, Platteville area and surrounding communities;,are opposed to the l3clla I lolstein expansion for the following reasons; Increase in odor and flies,and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans, inierl-ers with iligi way 85 access control plans,and:.i,uflicts with sin I(Hindi tig Ilritperry ownets land use plai,s Pig NAN E SIGNATURE ADDRESS PHONE# r ,azet . 4 11--e. .4./. ...feder...44. ...._.A#.g/eziw _,27,14ke I. . ......71.7:17(43, ..2.... • 's"'-i. .2 0,,/y, .„v sr Trs%/r 76'rgj..2.2...... i e " I 9 - k._ _7,1 5- tip 3`I/--- _PY et,zA .f4. -! 7/5.--6e•-e, -e-2,7t_CJ ! — ..v c .- i. ,. 1.Toe 39 ►av (rr-i eley _1)4.- A r4 4.A.-- . 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L'i-- Me-t4,•,i1S._ n's-- L2- 71' 1? 705 (wit +(L ft FEr1-,rv.11a .7,p,:.;_046./- _— Fo13E 61-1v0.1 c - - 52 3 M mci.I ' {teJt4 ._ -7icc -4'+t#J--- -. e fps .r5Qoct rit'_h._.�'d• latl'•'11C 785-U�IGL .;.-74.,;: y:/ .._. • t v>.!•‘“.• C rl'ch cf .v ti ie 7 zY 0 :44 '—' `' "oZ; siiiocl rlCh(.t tt#Cvltic: •1Z5 'b1 12 CA EXHIBIT )1 032 1195 PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We,the undersigned citizens of Platteville, Platteville area and surrounding communities,arc opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies, and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfers with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. FR 0 f NAME SI ADDRESS PHONE # 600-60A) rgewmgj / 3a_Cs/ 970 7cs' t11_t_:„ jai I ;i rl�.E{✓2 A �l r'iL. C 1 1,L( /t,r, ( / `i 1 i I f(a )4i ell - - (.(/n- t/ H i/5lpr✓J,d ('F elk. /1. l -7/ niti t *is_, h ' L ��� l� twi O - qZL 1 S=`i E- i 71 sk -rAL1R 1ITERINA 77 s_ J1 lc lh c� 770 1I C ti,4 -I'1 1-t it 1v-" lt Lt�a J % SIc--" Avt-bcfi' `t'G - 7a� 7 T L'i�/1 _...L� i Y'1 `- /_ .1'/U '0t4f Cf 1)ri 1 S G2c2 L C11 f� l L f fLJ`r `s-I') Y?W ,� _. �1c 1]? -Le dt +'rig )c,/ Al -- ,3C'S D !2'-. 5-i 14,7__ crl jr 1.142.V 42.V 7 ea 4. )- g/ a -1 1 Z,-.3- &Rivic / 1,I/4ut.1 ' , 3 -ewe /, '70 ,7fl? i�'6 _947anile 1} �€(lxlt .r_ k _r [,a_i, e. q?U 7� S21f6 a az ell u 9 elfwA1-t-- k, "k, s J Y O l'a-c. Lave 191x1 )7 P" -2/P6 rCJULL /. 0ei1Gh.N 1' ,p/ o? Olite lrflL� dhu) 25 07/46 • n� , � ,,� ,? �: -- �� ;Ls Aft Ail ' LL: n 1-z\ _� 4 �� 7 ��S D e h - ..;:(2,4; 1,�I' `4 M Y r — - L / 1�, '� ..%'1/'�'!�/7},�� -C i/•��J --- -�I'll 1/16i--'71 < ' `L L� ��� 6 � �_� (`_12 // 3 /t Y r..-a. 2—,. >��' fr Jk /) Cr VVC 71215",14,76.44:, t l i t±f e /1.J-_4c,/ & 1 L t « C C Y `FZL 2 ii k ' ' `. � )ri1 j ..�q ,1. lll� _.1i , , a--n\ �,L.t1 ..,lam.a � ��'�� 1,�3 .5 . vjt ri< 7l 3 `fU! ? 7 ._\4. l J��2Ly_11�L�f', ,_ u_rl , _910 �£� 6e L 2i'_�-_ - A'e/-_ (i19 621 tl e Ja.e, ,flak._970 -785--10.x'33 -':944.2(144461 _ 0_ \aril, _Rt,din olici _tirc.9 orzUf._Afar ,&r44/ 77o - xe5 -' 7i 4 .1: }ac Wi_ 1� 51 i!- .C.t [. fate- alit' - .4Dq1314y ( ic a-i >! �reof „"i1 1 3/2 1)4. S/QS:lE lr77c _711- 7y// -,,,,tart. ,Y� d� J1 is 1. 4 jot '.4a.-.� i ' t1ji .ILCJi.__(/7U- .IC !Lis 111 ,- 14A_L K 1 lkitt, Cu+ k 1 ( �' ` t u / z ? 7?C ,( 7- 7x5 v� - . K',a.�ts( ,�/ /s �o c, P)_C//t'z (77o6s/ r 70 /S e)6771 ' ll "� i lk.'i �c,)' `i( t (� 9t f i ii ,iX , ,1c u!/ row , �Y eipp ti� � s �1ir�,��_Kz �� �A�� L> � fit ( t xy' Ail, (,) �o � i�a 4� ) 32j E. i_I A t Lvt ( 3d�j 1' = I,9 PETITION OF OPPOf tION T9 THE EXPANSION Or THE BEL) 14 RROL.'IVAN DAIRY We,the undersigned citizens of Platteville,Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies,and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfers with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. NAME IGNATIIRE ADDRESS PHONE# J • , e e A/ D 7(5----d,3, ") e .r .iau�� /6'69/4_ l�; - h7 j-ti4z.,/ o_75--- -2._•7 z •k e N r N lee N�r✓uJiord / A"(`rrVill �, S aZ.• 3 T'i ' .v im /0/At icd%:e,4* I� E..2e5 :4.>_,s-- r /:/ - - i DEL .L1 y n' ), E✓E i? .041-tit.. ;.).P.,-1-x- rg0P. Npivisiw F.17,164.7.,// 7¢5=2 ?,k3 }I.e.di ,)0 U0 ice 1.-.• �'1jLjLL. Z..,, :),0;:ijf, ..i��..,14be�,. S.4-it,C�. /5-7-'d`''-'3 <r1RT>Zla 'k -SO)RS 0`0t,.1. a, Aers,Akwt<1• kr r10. .Qc (' '/R f -A340 ' ryI:, - /. ._v 1 7) (313 r‹,c/f9/- 3C `c - Z.lc C _ r , / .16. Ct i n Ind yl l)4 •tJiiir- Jcinn43.0 h r ` ` ► e�'t n� Yf)eI- f q-10"1 �1tv`tYrietr4,r, c' _ /1' it e_ „ , , .. ; I' — j<'/ Kf'A) L1/ C///A/{1 t ,l. e-Ll�, —� /0/ I �L f - ,,:/`r../4 �j l7�c'.-/?t≤.•[h?A(1f/ 'e, eh `, /v. 6,1 t L 4 (i—. ...,_U /or �1,:i„.: 1/26e,ifr./4, / ,? ,7 L�5 S�l10 ]I I77(e 4,-.,/c/r Y / / 7 ' (JIe, toilI c/c' -rd's -cssc (o j.),-,, irLi PIN'', .14—s = 2 / 0 ' 0ilei5.c,„ C7la Ill Ol e `7e s 26.C �� --...r at,A 0..y..../...f.._.. u-•_ - -- 0 7 a'u s• 0.1. PA:4f.',/G_.---‘74-C=44-- ---- -./ ` ric , Znv' E.' �, `...v�— 10/ 3",....194?_'_ L ' 1r Tx�1l ie1�� ‘4--• Q 124m W32 h- Nadel/ilk- 3-g•5-o l t'i', Dbrs 5,,.,.gi - a r'X,A. --•'c. L i Ss QC-2_ 3.0d J,.:,tie lg 5-O/T(-1 /1i,ro.: •fhe/u/ /1y7u ,r�._ /7�f17` - Irk/�� wet f. 'k*off/� 7•Yr-3 fi 97 �::.� Y 4S tr y.� r - is 1 Da-t l (,_.e . a/,k bttci l --i ' c-- 0 >L/4n1 'i itx,vE ‘.5= ./i " /2111/�) le%'•r 32 . p_// , 7K5-- l /� = 4.--)f1,}�14 1j b),...-To he Il�. � ._...._ )&�/� / 2CR,�'��i%.r�-�,�N 2K5-.2 X53 ±)cithdtr'G 5k-in'lW -q. ' LC e•- ,, /5(�'rll I CI . 5:11;, Aa.tfee / -lt !r4 2-g_) R1,�°%/ �-1RT_A1� L _ r' :i-, R� ,_ t.osm-r etq-rgiizier "755--411/3— * ` ii-1/1 A (ill t-if ie (. a C i '` 11.1 --) ) ', t...<(.l}`r c;fj� �.(-�C,/r(� 7f[:• 1 ri y1 , , K PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We,the undersigned citizens of Platteville,Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies,and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; intcrfcrs with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. NAME SIGNATURE ADDRESS PHONE # �P_/ _-�� .1141. *-_. —._.. -.fin ' - 4ET .. - ____7 "--4914. _ _ Elm L'/N•._ G_..[L!,P _ii 7 o o D i i%. i, J �..2 c2 _�,�.. :\•. �1 1 Co,- r —' �k /li k t 6¢Rai _ -- _ c we'32 mil..._ " nt/'.e" ,E 5-/��/� � ,-' . .. i' z r1ii ,c ` _:Zi r .i -fig 166.. ... .. L I1.i.li �..a... C _P IM PAX. `' _ � /;it ' --.1_' .t--...i��. ,^te r.._/ fl...1' l,d sc.._ .............K57.-7_,,;,... .:..;.....__...QJ� . F._._. _ �. ._�:ct.yL`tF..._ . .Ian .-`1 t. �r� ._ . 7g.. -6ci0 1 Zvi�t l , . 7(.)q G2'►e rail', �..aGs�_ 7 ,;1-� 9:7)/2/ 'i 1,„;e1/3 78r- .1 yy u.: m_} ,_t... c- - s-Ys."1_.. LZ-1Ll Z.11.JC t~ i2 j. '"1'i . Li 7/ - . 4` 0�0/// 01' '-�._'' ,N5-__ -,2W -- `'� - I� .dre a, - (Z r S 3 % 2R-S-o --- j� y��?c2 .,z �c G'e i-Ir1a�,,eve 4t1 2 71 • et I:sCAI �� 1 to-9-G,,.Pi e4//le 7?5 r 2L T/ .� I/E(�% T. !�'Jon"A-i .s,n-4 y�C-.4,-� �O37 ne--1 , j _L-A--u it _ -7 C.1.>'3 CR...-1 ui• l�o c• -v . .1, `cr-- ' u..t• 02t-cL .-.-, )e'9---1'i t. ' I,---.... -1 F 5" - e' 6 f 3 .. - .iJJ t' .2' _ -2�1 �J S' ... Lui-' 7p )368 1 I1 L e y WCKi y3 P.Qa,b7aJ f - G i_cf[--- - r- -/J7OI!j& j7 teitr T�� ..2�'d© • s--)/9/Yl f AA (L '9 y_ ,. _-` _/ -�'-r- Pc'. _z s,_-?3 wJ=Ad) W/3e/7 e �'La/ -W/r- 7,14:-. -a_3 .2. • ke- t - _ 76 4 7 ._- 5 ' 7 i_ "� !2{_E.Q 7 O? ;z/2/jd4; 5=-mac.' PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We, the undersigned citizens of Platteville, Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies, and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfers with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. Pr6Yi NAME SIGNATURE ADDRESS PHONE# MY5,an frncr 1f Me� 102- 6-cc:Ant-ll4 7WSS -!5(031 7/ft Nei/ c3 7 EIskR'Y 7,2 600900NGT • 72Z 6o(N) etch' c!.. .5 bag/ v accApcgiii 7,5.-066 6— va �1� rl' �•i '�l� 610- 4 /el- 014 726-0645 107 GooDltcfr C7- 7Rs-oIQ-- W ,) 707 °corzc i i l+ CT 7A5--a l 4- 3 -a.. , Zee oat/.z1, Cr 7S5-131r ' L" " 7i 7Is-G3at/ -7 tEcocii 1c0, C1 7s5-(o. y PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We, the undersigned citizens of Platteville,Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies, and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfers with Highway 85 access control plans, and conflicts with surrounding property owners land use plans. 1°r :vi "1— NAME 'NAT, ADDRESS PHONE6 14 rhR A�J,)hiti5r/V �' //OGj/7a!/J/ -3�-gay/1 r., It. ra_ti 1kne rroua-;- ?O 1 "so,: - '7$5 ASY , S _ , 74,D na, ilb fr, 7h'5 - L2 3 o 1 • — //70g IC/C•7C /, 7.�. -,,7u 27c� i"l N , ,-iO3 fe v 785 - 6��G II WS n/ St4Jt1t1 - //Op /,� ?SC' - 7 2LtO ��_.. � X c a 784ir �• i lj l I v., c / /, e,; 6 NoubNDN �ntf• ci �//" >a/.k< < � 7s--__Y frmaLei v) * CrCant c,. _ Pi Sr ;Id /I lit: 7V5 - Ei e/ e.97 y pr,z; h ` 3/2 ('G ,fi+ro1fly [.C ahso,, h,o..:;" SJ-, 72:r - a2?. t'F, Ittkik\ tit tH'IiJSIIION t€1 tIIL t,APANSIt)ND IA UHF iwu .A HOI TEIN DAIRY irQcvo,, .,4 '•.2`1* "•1 uC_ _.'.apt. ar_rc aid s_-rouacht.•,cow.toerities, arc opposed to the Bella Holstein •,a�a� �'Uc,,+u� . c,m:. .., ti.sc � , ,',d or and hies and the tai c;,ble ground water contamination: (conflicts with �(S tWC H.nn, inkj(:r, ,t;•h llie.hadag` •;ccssc.3nlrol Mans_ and conflicts wall ^. 4 `I �t . I I! {I': %I)I)I(LSS PHONE ti (r F^G ,�L 4' Q `� _ �/6� UCt S�z e (L[LICFGr fZ. T j y (/ /4 9 /doe p?c 7Y-C-.347.96' 0-eio%cth 1:pi ' t/ L22/i iii- (I;/\ Y.7/ �7Jn„te a,ue lGPnyhev' - -� /57e)el wc�2 t2_ A�7r 775 - 2 z i tae,:)\ i3e,e,c e • nu, in C e. eta. 501 Ia, --P(0,17.G4:'iie /VJ _ & 2 3 + � 1`a`L.�_ k (r' A�,J-"_�l(l 4(,T 1 .1 ,J.`:��11 CI /`lilt/-1 .)Le ./; I i,' c 1. t 41 , 2 r /' �C� , \ A { IA I`\C.I'll -it�l4111.•���,. I'G � ' - I ` ,�L. / kc.A el Cor,,,ci -/'' ��% l s 7lostro 7L7Cd,d , < ct,O4 U, ? 2-86 PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We, the undersigned citizens of Platteville,Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies,and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfers with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. •r ;'ii ± NAME SIGNATURE ADDRESS PHONE # C R 1,0 n9 �'lltb►rEb�lgnK ( I . arat o h /S)/cD 2/04 / c' 503 vefl Gr1 k41////e '1g"s- 6Cn I Te..r 7 -re-s- -j o3Jlmve-Es 4, /-44,1*. h 7Y.s= 600/ ! irtin h,yner L /3v v 4,2/2ro.2 ga✓� tr:.26 2 \?. Xfn A tna�\r,�erz 11 y5 CS tom:>.-, scccA. Pies fkt-'. rtQ, 711 -m- 03i3 c 144 eh2 Y\�2 V o.f41 L4:Yi• mt CM1 J Cn GYM1 avc 7l, J - cy 1c-i FAT, v-t h<, n'‘ c. - kdl ,J\ S�y If�u, �Yvtra; _c�. . _ ' � 1356t }/:y'25 1/1Ycth.z/ 54423 PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We,the undersigned citizens of Platteville, Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies,and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfers with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. (Print) NAME SIGNATURE ADDRESS PHONE#E !`Kav)es I• Movyn u __. 304 cfoolka.us _ 7,F• Q.11..1.3 _ J !v 7_y .. .._!Vti7.c2114 _7�. ...__ yqm+ Ian. _et:..i� :4(..._..._' - !.-1_ _ n h tri A 00irfe)A a8 --__ s . �Jal ee% ---7-�s- 2 42,3._ 1t ricia. ,A.- f E ' • .. .5l.YELcaabet ll.Y- l91'.edf.._7_,2S_`..Z g.,z.1 Rose l#act vi --- 3►I itLyikitl,.C64,44,1 785 ` tell 1_ F.,ii fri'Efri7;-.-fpj iie _Z - __it ipki.46,-/-A-- 78.6- eigt,Z INVclAgtl C. to,301,si., KQ 3t3ehz„1,e A-ve1 aJte.,f1eCo&01St 18 S---_2•530 a z .313 i t6t ra4*iui lie On -.7:c .a6d0 � EL ( `y , r � _ S: Ar�rrEvi4c. Ca _�3 73S y3 f (VeLi vi. G=_(, j -,Ire .4./aCi BAd_ 76-5' 4'7(1 PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We, the undersigned citizens of Platteville,Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies, and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfere with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. Pr : "1- NAINILTh IGNATUREyy—.-� ADDRESa PHONE # <2o((" /.12u- l0S /u0c ['a(tt- -aLht., 'd5-O'7c ` • '- Fyr 7c1R Oack04 &I 765 -asi7,9 �& e Heoc rty NIO !; !merry S f hg j - DI L ) ) Q T 1 4z us ' �u04/9-7-key ' j 3 3 7 2-- y0? P.0 nS (,r -0/ t sry tnNet 1)0D OL( )e M sor? DL:w-e . )-►j. 1Rs - QS 5 PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We, the undersigned citizens of Platteville,Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies,and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfers with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. Pr : vl -}- NAM;�j,�� SIGNA' ADDRESS PHONE # K1lt P, VIA I7. .S03 Q) ' 'IRS)-- (422,24 (t1-01- : ct Val let y7�b1 n,eh 2es-/oye - 1,`pMtht c." ;ADACciy 6---- "�1 s' _/s ' c 7 ) .YJ I ..i /C i A,2 I rl/ i 627)7-Cc-h. ✓ Leo , l C //L — Jt -- 7y - Hrk- N1�� �n Snnr hit ? `{l)�ii`cw Cx4�• �( xl ��ht .t, ‘ � JAANircI V .P., c 3bi� 7ia t A ••� '{4- 1 (' 1414,r, C56,)Th o Pe./ -)JI Imo' / `1 (S d2?cld /Yl nr•,j Aithr:nu; P t' £or 4'c 7 7 S'S. - C,7 19 C' /P7 //7'' t b 7t& '7S'J -, 162. PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We, the undersigned citizens of Platteville,Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies, and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfere with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. pr : vn -h.- r NAME nSIGNA ADDRESS . PHONE # I 1uc�re_ EY zn4) ..t_u-rkuu,—ni e. at>5 vIwE, ,3 ,, ,,,-- "7 g5 - C33'y - nSaann_, _ 11 M1l[E 3lc�✓50'H SIo Elixa.bct�l 785-63O2- reifr-/,e,.F /4vi11o/e,&t tiff Ss7 S'-,a9 ,�)\ ,,..,� r" _ /Ott Govt . .� pas - Os Zl 'rN GRAznIAk C>II4.-, -£ _ z.r./3- cove: l_pan 7fsS _4, 3 I Sine Got¢�r — ,I)7 Qin �N 28-5-- .5'/7 treti.e. ork(�. -- P07 "7 6-, sY1 54a4)n f i/731/de— /c3" 7851��1EE 0 -1741 an do r A ;..z c .t. An..e n_5-- 4/V 6Oh-trill LtJtv4-p Ia. OJis.te Lone_ /I$5-4/1//p (� ,' J l 1.— / ,1 i i V/ 5 110 hrYn.�z - t J/.5 c)r 1/25 i it(5/ud 7' 6 y 51 fri1 one J 1-,,L,lei1"Y1[u iz> -co hu-t''4_ III V;n!a,,F,n 131iic-f 'ref: - 1B¢q'-i`F 'i .- PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We, the undersigned citizens of Platteville,Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies,and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfers with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. NAME S N TITRE ADD SS PHONE /4 CnR.�.es 64t2P K, z.a'c ,e ,. ?SSIalu9 !i 4 'F 5n() 0)i > I /i✓/P P/CK lion;/le 7Stl`j -A5" dr e l,' cf e/- /q %' -,W. 74s--dit2: PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We,the undersigned citizens of Platteville,Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies,and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfers with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. NAME -SIGNATURE ADDRESS PHONE #1 R - ire , (,7 �C-rrer:_1hei t[ Ii)eR30 re�,OF ms's- `l `l 7 -7,ga U_Sg2R ietio �"t _a? S _ 9W.:422.2,531 $tai OT ka 14m 0.0010/_-s « -4 e aree � �'- a 444 a . __ _Kti � _.. _. 1i 4-a. it e _ II n.$'fi-, _ '-l.�'. ,tu I1 .. gamS--cy. 4 ICAnil._..11-7 .._. _-. 424tiv. 4c . _ a..t�:lk Co ar?8_ ilARSARr l ScPrick r .._4O3 moo-,. etl - 125-2--L-r PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We,the undersigned citizens of Platteville,Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies,and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfere with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. Pr NAME SIGNATURE ADDRESS PHONE # 7E S. MF tll - z P U. Jtwr,-,L) .. 54111 5 G 1 9 33 ��n ►i t1e. nolas — IS 01 Fcci9 - g s-Z- PETITION OF OPPOSITION TO THE EXPANSION OF THE BELLA HOLSTEIN DAIRY We,the undersigned citizens of Platteville.Platteville area and surrounding communities,are opposed to the Bella Holstein expansion for the following reasons; Increase in odor and flies, and the possible ground water contamination; Conflicts with Platteville comprehensive growth and transportation plans; interfere with Highway 85 access control plans,and conflicts with surrounding property owners land use plans. PPr : v7 "t NAi IGNAT ADD SS ON coy,r,vufc ,-7`( c''Tx Item IV c .. �. _�c r vF_-' Hello all, Thank you for being so patient with me,the end of last year was a real test:for me. I have the "basics" reported here in the survey itself. Crossing the data such as if smokers are more annoyed than non-smokers I will report at the meeting on Thursday. (Don't want to give away all my secrets.) See you Thursday. Cheryl 1. I am going to list some issues different communities are facing. Please rate each of the following issues in the CITY OF GREELEY using the following responses: "very serious," "somewhat serious," "not serious at all,"or"don't know." **Surveyor, use the first bubble in each category.** Very Somewhat Not Don't Serious Serious Serious Know Jark of Recreation areas/programs 87 207 302 64 Unemployment 56 170 275 159 Offensive odors in the air 196 223 229 14 Ethnic Issues 119 268 195 75 Juvenile delinquency(such as gangs, 226 312 73 48 drugs, etc.) Traffic congestion and lack of parking 115 258 266 23 Violent crimes 95 297 214 56 Burglary/theft crimes 100 306 165 90 Housing (affordability, lack of, limited 114 247 225 68 goods and services) Growth issues (losing green spaces, 150 266 192 53 not an agricultural community anymore, etc.) Preserving wildlife habitat 125 198 230 105 2. Now I am going to go through the same list. This time I want you to rate them in your INDIVIDUAL NEIGHBORHOOD. Please respond using the same responses.. Very Somewhat Not Don't Serious Serious Serious Know Lack of Recreation areas/programs 87 169 349 55 Unemployment 31 117 377 135 Offensive odors in the air 152 193 302 15 Ethnic Issues 63 191 345 58 Juvenile delinquency(such as gangs, 105 233 278 43 drugs, etc.) Traffic congestion and lack of parking 69 162 407 24 Violent crimes 47 143 428 44 Burglary/theft crimes 63 205 327 66 Housing(affordability, lack of, limited 72 207 322 53 goods and services) Growth issues (losing green spaces, 95 217 300 49 not an agricultural community anymore, etc.) Preserving wildlife habitat 105 149 303 101 I EXHIBIT JColorado Slate Univeniy,Department of Psychology,Envi anmensi Psychology.Rev.7-23 1 ask.*figs 3. Do you ever experience unacceptable odor in the air in Greeley? Yes 417 No 278 Don't know 4 If yes... How many days, in an average month, do you experience unacceptable air in Greeley? Ranged from 0 to 31 days with a mean of 9 days per month. 4. Do you experience unacceptable odor in the air in your neighborhood? Yes 417 No 278 Don't know 4 If yes... How many days, in an average month,do you experience unacceptable air in your neighborhood? Ranged from 0 to 31 days with a mean of 8 days per month. 2v ***If the respondent answered "No"to questions 3-4, questions 5-JA were skipped*** S. In an average month, how many days do you experience odor that is... (These are reported by mean number of days.) Extremely Moderately Somewhat Slightly Not Annoying Annoying Annoying Annoying Annoying at all 5.52 5.10 4.01 4.51 7.86 6. If you work in Greeley,while at work, in an average month, how many days do you experience annoying odor that is . . . (Mean number of days.) • extremely annoying? 4.97 • %moderately annoying? 4.86 slightly annoying? 4.45 Don't work in Greeley 80 people 7. In an average month, how many days do you experience annoying odor while you are recreating(leisure time)that is . . . (Mean number of days.) extremely annoying? 4.97 moderately annoying? 4.86 slightly annoying? 4.45 8. Some people have reported experiencing physical reactions such as loss of energy, sleep or appetite due to odor in the air, and others have not During a typical month, do you ever experience any physical symptoms due to the odor? Yes 80 No 364 Don't Know 1 If yes, what do you experience? (Number of people reporting) Loss of Energy 13 Loss of Sleep 20 Loss of Appetite 29 Nausea 6 Headaches 2 Other 9 How often (in a month's time)? Mean of 6 times in a month. Colorado State University,Department of Psychology,Environmental Psychology.Rev.9.23-97 2 9. Other people have reported experiencing emotional reactions such as frustration, anger or depression due to odor in the air and others have not. During a typical month, do you ever experience any emotional symptoms due to the odor? Yes 100 No 346 Don't Know 1 If yes,what do you experience? Frustration 47 Anger 32 Depression 4 Other 13 How often (in a month's time)? Mean of 8 times in a month. 10. I am going to list some possible actions or remedies that could take place in regards to a business, or someone, who is generating annoying odor in the air in Greeley. Please indicate which of the following you would support on a scale of 1 to 5 with 5 e "Strongly Support" and 1 ="Strongly do not Support." Strongly Strongly do not Support Support Warnings to odor sourcc. 289 46 62 18 35 Voluntary compliance by the odor source. 262 55 72 27 35 Stronger regulations for the offenders. 267 70 70 18 26 Fine offenders. 210 78 96 25 43 City will finance improvements. 118 64 103 55 108 Relocate offenders, 150 60 108 44 79 11. Do you think any of the above remedies I listed would have any bad effects? Yes 238 No 181 Don't latow 17 If yes,please list the possible bad effects,with the worst first: (Number of people reporting) Hurt Economy 74 Raise taxes 59 Cause unemployment 35 Other 56 12. Do you think any of the above remedies I listed would have any good effects? Yes 404 No 33 Don't know 20 If yes, please list the possible good effects,with the best first: Help economy 38 Increase growth 14 Cleaner air 142 Other 114 13. Some interventions to reduce or eliminate the odorous air in Greeley may cost money, possibly in the form of a tax or higher prices for things you buy. On a scale of SO-S100.00 per year, how much would you be willing to pay to eliminate the . . . (Mean amounts.) extremely annoying odors? $30.65 moderately annoying odors? $22.73 slightly annoying odors? $14.99 Colorado State Univerriry,Department of Psychology,Environmental Psychology.Rev.9-23-97 3 14. Some interventions to reduce or eliminate annoying odors in the air in Greeley might mean that some people would have to find other work. Would you be in favor of these interventions if the amount of people losing work was.....(Number of people responding to each response.) 0 people? 179 0-5 people? 105 6-20 people? 69 21-100 people? 58 >100 people? 79 15. Do you think that anything can be done to alleviate odorous air here in Greeley? Yes 265 No 90 Don't know 71 16. Do you think that anything will be done to alleviate odorous air here in Greeley? Yes 183 No 196 Don't Know 53 17. Do you feel the annoyance or offensiveness of the odors have changed since when you first moved into the Greeley area? Yes 219 No 220 How have they changed? (Better, worse, different) Better 88 Worse 121 Same 36 Different 7 18. What kind of impact do you believe the odor, or perception of odor in Greeley, has on the present or the future growth/reputation of the City itself? Good for growth 11 Bad for growth 277 None on growth 87 Good for reputation 11 Bad for reputation 282 None on reputation 62 19. Did you know the City of Greeley has an odor ordinance? Yes 527 No 160 Don't know 14 20. Have you ever used the odor hotline? Yes 71 No 638 21. Do you think the odor hotline is a .._ Good Idea Bad Idea Neutral Idea 347 140 162 Colorado State University,Department of Psychology,Environmental Psychology.Rey.9-23-97 4 22. If you have ever felt like complaining about the odor by using the odor hotline,but didn't, why not? Please Indicate which of the following apply: (May be multiple responses.) Employment at risk(your own, people you may know, etc.) 4 Wouldn't do any good to call in. 135 Would damage the overall economy of Greeley. 5 Too busy at the time. 29 Didn't know the hotline number. 59 Never felt like complaining. 91 If any of the following questions snake you feel uncomfortable,you are under no obligation to answer them;but, be assured that your identity can or will never be attached to the data in any way. 23. What is your gender? male 281 female 418 24. What is your age? 18-25 115 46-55 109 fl F" " °‘ 43 26-35 129 56-65 173 36-45 143 '-65 36 25. Do you smoke? Yes 130 No 579 Do you use smokeless tobacco? Yes 33 No 662 26. How sensitive do you consider yourself to be to odors? (Ability to detect odors.) Very Sensitive Somewhat Sensitive Not Sensitive Don't Know 224 296 181 4 27. What is your annual household income? Mean income: $44947.00 How many people live in your household? Mean household size: 2.69. What is your occupation? Professional 54 Business 147 Service work 236 Student 73 Retired 153 What is your education level? Less than High School 15 High School 200 2 years college 185 Bachelors 180 Masters 59 Ph.D 24 Colorado State University,Department of Psychology,Environmental Psychology.Rev.9-23-97 5 28. Do you live within the city limits of Greeley? Yes 635 No 62 Don't know 0 (If fit in the city limits)How close to the city limits do you live? Within a mile 46 > 1 mile, but<5 miles 26 >5 miles 8 mat t in the city limits)What direction from Greeley is your residence? (If respondent says 'Southeast', for example,mark both South and East) North 28 East 28 South 26 West 26 (If within the city limits) Are you... (check all that apply) East of 23rd Avenue 288 West of 23rd Avenue 352 North of 16th Street 292 South of 16th Street 342 29. How long have you lived in the Greeley area? <5 years 194 5-10 years 122 11-15 years 48 >15 years 341 • t 30. How long do you intend to live in the Greeley area? <5 years 152 5-10 years 62 11-15 years 22 >15 years 433 31. Where do you consider yourself from?(rhll could be where you were born,where you spent most of your life,or simply where you tell people you are"from.") We did not use this question for this report. 32. Before moving to Greeley,what type of area did you come from? Been hen all my life. 121 If the respondent has not been in the Greeley area all their life.. Large cities (>200,000) 157 Mid-size city(>50,000) 160 Small city (<50,000) 102 Town (<5,000) 63 Rural (Live in the country; not in a town.) 75 33. Do you, or do you have close friends or relatives,that work at any of the following? Bi-Products facilities Yes 47 No 661 Chemical plants Yes 52 No 660 Feedlots/Dairies Yes 143 No 569 Meat-packing plants Yes 132 No 580 Truck Washouts Yes 22 No 688 Wastewater Treatment Plant Yes 35 No 676 Sugar Industry Yes 70 No 600 Colorado State University,Department of Psychology,Environmental Psychology.Rev.9-23-97 6 STATE OF COLORADO ) IN THE COUNTY COURT ) ss. COUNTY OF WELD ) No. 8958 In the matter of the petition of ) Lewis C. Camp, Shinichi Yokoyama, and ) FINDINGS AND DECREE Milo R. Olin for disconnection of certain ) lands from the Town of Platteville. ) This matter coming on for hearing in open court this 7th day of February, A. D. 1944, upon the petition of Lewis C. Camp, Shinichi Yokoyama, and Milo H. Olin, for disconnection of certain lands from the Town of Platteville, and it appearing to the Court the Court doth find that said petition was filed in this court on the 2nd day of December, A. D. 1943, and that a notice of hearing on said petition and order for service thereof was made and ordered by the judge of this court on said day, setting a time for hearing thereon in the County Court, Greeley, Colorado, on Monday, February 7, 1944, at the hour of ten o'clock in the forenoon. That it further appears from the files in this matter and the Court finds that service of said notice of hearing on said petition was duly and regularly served upon the Mayor of said Town of Platteville (and return thereof made to this court) on the 4th day of January, 1944. It further appears from the files in this matter and the Court finds that the said Town of Platteville has neither appeared nor filed any motion, pleading or answer herein, and the hour and time of hearing has now arrived when the matter shall be heard and determined by the court, the petitioners appearing by their attorney, Herbert R. Mann. The default of the said Town of Platteville is now entered, and the Court proceeds to take evidence in the matter, and now being sufficiently advised in the premises doth further find: IXMin CAK\53378\292958.01 usa I 1. That the Town of Platteville is a municipal corporation heretofore organized and existing under and by virtue of the laws of the State of Colorado, and is situate in Weld County, Colorado. 2. That the petitioners are the owners in fee simple of contiguous tracts of farm land containing in the aggregate an area of more than twenty acres, to-wit: about 178 acres, embraced within the corporate limits of said Town of Platteville, and the outer boundry [sic] thereof adjacent to the border of said town. 3. That said land is located in Weld County, Colorado, and is described as follows, to-wit: That part of the lands lying East of the Union Pacific Railroad right of way, in township 3 North, range 66 West of the 6th P.M., to-wit: The South-west quarter of the • South-east quarter (SW1/4 SE1/4) of section eighteen (18), and, the North-east quarter (NE1/4) of section nineteen (19), excepting lots 28 to 31 inclusive in block numbered 17, as platted of record, and a tract 250 feet East and West by 350 feet North and South, in the South-east corner of the West half of the North-east quarter (W1/2 NE1/4) of said section 19, heretofore platted as part of Central Park of the Town of Platteville, Colorado. 4. That no part of such area has been platted into lots or blocks as a part of or an addition to the said Town of Platteville, and the said area is a body of land devoted wholly to farming purposes. 5. That all taxes and assessments lawfully due and payable upon said land at the time of filing and presenting such petition are fully paid. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the said tracts of land be and the same are hereby disconnected from the said Town of Platteville, and that a CAK\53378\292958.01 2 copy hereof be certified by the Clerk of this court and filed in the office of the County Clerk and Recorder of Weld County, Colorado, as evidence that said land has been disconnected from said Town of Platteville. By the Court Judge CAK\53378\292958.01 3 .ac4 ` it �{ y L s 1 , I F.f ltuIlly: 0� -,ltri y✓yin I r. 1 "C, Y f i. ` f, s 22 �, in F y{ GS • r , 1, X34, \ } -' >x . - i :+' A p u (di + a . y�rti fs. +fvk,#?'r rLit ��.• • ta s `. 13F 4-tr. li 'J� C; t 1 ks J) ti F - 7. . n• t 7ti '. 3J1rJ ii t •y, s ,1 ; .�. , ' -) ^ Sa. i�f 1 �M1Le tr S 1�'� 4�^" ��«._.. . o�` {��e „ , 1, 4 s"S 'W►t / t.- S si r • J D ais i !" ;{ r erw �► •t ! n•enot.wtsllr 3{{4t ?8 '# AP PISit :Diehl •�•t • "r.-aagu ''lr�(1p{ . ' t ri tt" Ra K,flginilts. tia 1- ,Y'r. ; _ �,r$ j4 • •.t ��-�- " '- ry " '�3 r i 1 1, ,. ? Gins of Orr bearing Su open Set, 11 Y " nettfr ••iWl Da 11111 18y „„ SDLIIMri .. St W rSwt to Di . epee the petition Or Lewis C. CSSP. ftwet • -rJ�v t '. 150 ,;•' rid'list• N. alio, for dlee••Mdtlen of arum _ -1, tt Pete to the Court the Court lath end it appearing tip tbi \ewe of tisle•vil l•. 10811 a[, et �f,��: find Obit said petition as CiltS in this court on the I• �� . 11. Ds•seter. a. D. 1943, and that a netiee of Mer1ne on geld petitiCO `7 Y , ,. 1 o$,,fie J ; • std order Tor terries thereof wee suds sod ordered Eh the Judea reon in of ;'.. Ott. thL eenrt ec eg ld ds., matting s tine for hserinR wab MS re 7, 1944, at the � , .+ r,»ale«• Colorado, on rondo r � Opt? Court, "lrrtner moaners free �, rf ru+ pent of tee o•eleet in the forenoon. that it '.. e �r * racbr and the Court 'Inds that Porgies of a•.d .. v,`;d. the roe. Sa t .1• •rp��'p" f hearina en a.i1 petition we Jule nod mannerly aerial S',,`. up lee o �aC upon the ?nor of •ell town of Platte lle`nd return thereof reds is ?c, des �r. 194lr. 1t rurt'er :� �' to thin tour%) G� on the teen' "E ��,;,� app ,ourt fords that the r sg�� a„ from LYe'. ?Alba in this [r E'.ar n^�1 t'`e t;t: said Town br ilattar)1.• has nest or ep.,uar.1 nor filed ant rot.ao, T.rtez• pleadlil or answer hers in, and the gout aiJ tare of Hering has nos w: ry arri•ad when the ulcer ate 11 Lv :hard unit datrrnieed b. CM court• w 'Weber% li. Penn. the t:�t4 the petitioners spore rloR De their at Eornev, 'fillti default or the sold town of Platteville )t now entered, and the Court )Pse•t' pree••ds to text. ea1.•noe in the natter, and now trine anff.ewntt1 ' :r *dried Se t`. pro-lies loth further faith faith }C. 1 Stint re Teen of Platteville a a vnnieipal oorporetinn + • 1 and •gietifl under and b. virtue of the laws '; !vC Cs at et•re or,/an-led nouna, Colers4" '��; of the Saw e' ^•nlorado, and is .ltua to in sold -1. y'4': I • c? +d'- • r,, a �4 ,� ..r r rot x pk st z, y. ' t y i.,a,' & L r t I. , h .,.t. ^I, --frt.,X, �F4t1 ,^• } r , 113 -ynK eca111'lt; 55A - * .�,. nse hf • f t • I. flat tb petitlaNre •re No non la tic oLple of {?, sestiguas tnots of faro 1•d Nstslaihy fa the •ggrspte se ores Ot were tlra bonito soma, t.-.l%a abet /Z lone, oebnssd eitt in the corporate Iloilo at este tan of /la tt•NIli, sad the enter boyars %harlot edjsaet to the loader et old ton. Ii °0 il, 3. ?het said land la lent la Gold Count., Colorado, and 50 1 la d hod as follow, Mesita ?hat port of the lauds lying ant st. tha Union }stifle Aailr•sd right of n7, in township 3.North, .. r, e'aap 66 }set of th. nth P.Y., to-vita the 304th-west lea rtsr of t, t the 3enth-east quarter (3+f 3a}) of section sightssn (Ut), and, the f. I Yorth.osst quarter (^..:j) of section nineteen (19), excepting lot• , RR to 31 inciusivs is black numbered 17, as platted of record, end o %past 2W font sat and met by 350 fest north and South, in the ' South-•art coffer of the Not halt of try Worth-teat quarter (4% Not) Of sail ,.et:-in 19, •sntofore platted 'a part of Csntrel Perk of tho Town of f1+''trills, nolonlo. 4, ?hat no part of suet, •na Wes hewn platted into lots or• banks a. • part of or en addition to the cold town of flatterille, end the sal' arse a • ►odr of lend devoted wholly to fsninat purposes. 5. That ala taxes and •s.ssssents lawfully den and payable • Upon said Ian.) et the is of filing end anoint-ow aid petitis '. •n full- gold. i is lee .":.i .')1.. 1-)Da9aJ, *DJUD' iD AID U.:CRda that the said tract• or le-'1 by ant the sass are bno-• dissonnsotsd from the aid ?own or ' lit-colitis, ntel that a sop. hereof be nertitisd by the Clerk of this c'turt rni ^.lc] In t'. attics of the CsuntY Clerk and Recorder k 4 of .aid Cnuntr, Cc lora:o, as svid.Cc• tLat said land has been disoonnactel ^rot a.:,1 roan of Plattsvalls. , R, the Court i.--7�,7u7..-4.0y Ju I �ccll t II 1S�jfq�.f,f. :• • t? P .f 1 in u ♦. ' y �. 1 b I t ' a Ll r4 -,_1,"., .1 fva �'�Il '." Q5�e6;` or .• • •I. : ' I I xk.; 14; , '.50 itz a• .t iT- l( ..i 1 t t.~ STATE Or CO1LRaDC)w. IN COUNTY CCQNn i` I cotmft or ►g D 1 - Ill as Clem of said court I hereby certify that the within and foregoing is .:II tine and eoaplete copy of F'ILDILGS 6bD DLC1• •.`•a Re: In the Hatter of the Petition n ewt C i yoko•ama and 14110 R. Olin for Disconnection of Certain Lards 'Lr iD ` foal and d official seal at Greeley in said county ani state this 1..e ii .a., r,. of Fenr „��, 19 �.. .•••14�a fr.t. f:. f BI: Deputy. .Er e . • f•~eer if(' \4Aet.• zl e t • • i Account Mine? I Twn? I Blk/Lot I Condo?I Mobile?I Sales? R0046188 N, Owner Name/Add n 74.433 PLATTEVILLE TOWN OF � Legal Description (;•'a°'"1 Year District PLATTEVILLE CO 80651 I. 16614-A 250'X 350'PLATTED& I '!KNOWN AS N2NE4 19 3 66 CENTRAL I 1998 0101 PARK PLATTEVILLE IN SE COR N2NE4 Apr Dist St (OUT) A Parcel Number MH Space Sequence 121119000004 Street Noo-y Dir No# „ Street Name Type Version V Date V Time 1.. ID An - .. , .e • , , 199106e60W--"*I''' �, ' 0ea— ''9TA a6 23'' B Location City -l ? 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R 1 i i I S a tit P K6��.>ta �-��.. 1 I , s I i,_,P 'r hn { ' � 1 k .F's '�lT'P i✓ 1 ' 1 f '+ ' & 4 11. i 4 .A 14 ler assiti+ .,�.#4�r' iitµ',d,5' Rgi'f A w '"£ , ' 1 { � ,a� i., ,J'₹. ,1-' " .1 i1i qr t 4449 4 14.1 4 't;', ' u �R V ' ,,#,;,,. c .1 em..r l ' !I -+y A rJ rl. r a, 9 l n '44 If., 7 0.:. i ! ii e i ,1 . .f"! ribl 9 " 11 1 11 ,,41 S n Yff^ I i .1 f i i!6 �' 1 •Iw i {+ 31 ;, • M .w , Iw�QMd , 'ApNMiv ti'Ptjy'l��i'�V. ;ii:' $. yw. u �'7�vi‘ tfeW�. +1e��kk.. ayek Art- DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 ADMINISTRATION (970) 353-0586 0 HEALTH PROTECTION (970) 353-0635 COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 August 25, 1998 1L /- Certified Letter No.: Z 130 100 207 Gary Henrickson Bella Holsteins, Inc. 13278 Weld County Road 32 Platteville, Colorado 80651 Subject: Alleged Discharge From Bella Holstein, Inc. Dear Mr. Henrickson: As you are aware, the Weld County Health Department recently received a complaint alleging that process wastewater was discharged from your facility, Bella Holstein, Inc., located at 13278 Weld County Road 32, Platteville, Weld County. According to the complaint wastewater was discharged from the facility's eastern most retention pond. Any such discharge is considered a violation of the Confined Animal Feeding Operation Control Regulation ((CAFO Regulations)(5 CCR 1002-19)) and the Weld County Zoning Ordinance. The alleged discharge occurred on August 12, 1998. As you recall, representatives of our Department were unable to observe the facility on the date of alleged discharge. However, a representative from the Town of Platteville did observe the discharge and recorded it with photographs and video. Based upon our staffs review of the Town's photogr'apns and video and discussions with their personnel, it appears that a discharge did occur. According to observations made by Town of Platteville personnel. effluent flowed from the eastern most retention pond along an Amoco access road and into a gulley. Once in the a l direction until ft the ftg and flowed guiley, the wastewater flowed in a northwesterly iii nu n left the property and � .J++�.�- under Weld County Road 32 onto a neighboring property. Please be advised that the above described situation is in violation of the CAFO Regulations. Speifically, this facility is in violation of Section 4.8.3(A), pertaining to surface water protection requirements. Section 4.8.3(A) states, in part: EXHIBIT t ,24411`!5 Gary Henrickson August 25, 1998 Page 2 "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." The above described condition also triggers the process in Section 47 of the Weld County Zoning Ordinance concerning the establishment of a violation. As required in Section 47, you are hereby advised that you have 30 days from receipt of this notice to respond with a plan for correction for the aforementioned violations and submittal of a comprehensive manure and wastewater management plan that complies with the CAFO Regulations. The plan for correction shall also consist of a detailed time line to correct the violation. Failure to respond may result in civil, criminal, or administrative penalties as deemed appropriate by the Water Quality Control Division of the Colorado Department of Health in accordance with C.R.S. 25-8-601 and appropriate action in accordance with the Weld County Zoning Ordinance. I have attached a copy of both Section 47 of the Weld County Zoning Ordinance and the CAFO Regulations. If you have any questions, please do not hesitate to contact me at (970) 353-0635, extension 2232. Sincerely, Trevor Jiricek Supervisor Environmental Protection Services tj\1085 - - cc: Jeff Stoll, Director, Environmental Protection Services Lee Morrison, Weld County Attorney's Office Andrew Schmidt. Town of Platteville Julie Chester, Weld County Planning Department Victor Sainz, Colorado Department of Public Health and Environment Thomas Haren, Envirostock, Inc. (/(/-U' i ei'...(e a �f91 7yf eeto 1__ Getu f teJcex f d a-J-e-D khui ,t a-,d-62.t AppzL7X 2 ltd 7/t1(' co to d: X�� l�J144.--- m d ai 1 EXHIBIT RICHARD L. DeGRANDCHAMP, Ph.D. President and Principal Toxicologist EDUCATION Eastern Michigan University, B.S., Biochemistry, 1978 University of Michigan, School of Public Health, Ph.D., Toxicology, 1986 Rutgers University, School of Pharmacy and Toxicology, Rutgers Postdoctoral Fellow, 1986-1988 Cornell University, School of Medicine, Research Associate, 1987-1988 University of Colorado, School of Medicine,National Institutes of Health Postdoctoral Fellow, 1988-1991 ACADEMIC APPOINTMENTS Adjunct Assistant Professor, University of Colorado School of Medicine, Department of Molecular Toxicology and Environmental Health, Denver, Colorado (May 1998-Current) Teaching Faculty Member, Naval School, Civil Engineer Corps Officers (CECOS), Advanced Environmental Restoration Program and Advance Risk Assessment Training, Port Hueneme, California(1996-Current) Lecturer,Naval Environmental Health Center(NEHC), Toxicology And Statistics,Norfolk Virginia(1998-Current) PROFESSIONAL POSITIONS March 1997-Current President and Principal Toxicologist, Scientia Veritas, L.L.P., Evergreen, Colorado November 1996-March 1997 Corporate Director of Health Sciences and Principal Toxicologist, Terranext, Lakewood, Colorado February 1996-November 1996 Director of Toxicology and Risk Assessment and Principal Toxicologist, GeoTrans Inc., Boulder, Colorado February 1992-November 1995 Toxicology and Atmospheric Science Discipline Leader and Principal Toxicologist, PRC Environmental Management Inc., Denver, Colorado May 1991-February 1992 Senior Toxicologist, PTI Inc., Boulder, Colorado Scientia Veritas,L.L.P. 4 Entail 5927 Sandrock Drive,Evergreen, Colorado 80439 /1 Telephone 303-674-8751 Facsimile 303-674-8755 E-mail RDEGRAN@AOL.COM 4J 1. 54 #165 Dr.Richard L.DeGrandchamp-Page 2 1984-1986 Consulting Toxicologist to EPA Neurotoxicology Division, Research Triangle Park,North Carolina 1980-1986 Consulting Toxicologist and Research Assistant, University of Michigan School of Public Health, Department of Industrial and Environmental Health,Ann Arbor, Michigan 1978-1980 Research Assistant, University of Michigan School of Public Health, Department of Water Quality PROFESSIONAL SOCIETIES/ASSOCIATIONS Society For Risk Analysis (President-Elect Rocky Mountain Chapter) American Society for Standards and Testing(member of several voting committees) Risk Assessment&Policy Association American Risk and Insurance Association Society of Environmental Toxicology and Chemistry SUMMARY OF PROFESSIONAL EXPERTISE Dr. DeGrandchamp is an expert in risk assessment and toxicology who has more than 19 years of professional experience. He has served on numerous scientific review panels and has been a toxicological consultant for major chemical,manufacturing, and pharmaceutical companies as well as the Department of Energy(DOE), Department of Defense (DOD), U.S. Environmental Protection Agency(USEPA), EPA Regions 6 and 8, Massachusetts Department of Environmental Protection. He has conducted or reviewed more than 300 human health risk assessments regulated under the Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA); Resource Conservation and Recovery Act(RCRA); and Underground Storage Tank(UST) programs. He has been the lead negotiator in over 150 regulatory meetings focusing on toxicology, statistics, risk assessment, and regulatory compliance issues. Dr. DeGrandchamp provides expert witness testimony in toxic tort cases involving toxicological and medical claims resulting from toxic chemical exposure. He is currently chairing a task force comprising national experts and is the principal author of risk assessment and statistical policies for the Department of the Navy which will streamline investigations and cleanup of all Navy bases. SUMMARY OF PROJECT EXPERIENCE Dr. DeGrandchamp chairs a task force of nationally recognized toxicologists, statisticians, and attorneys for the Department of the Navy(DON)that is responsible for developing a statistical strategy to evaluate background conditions at all Navy installations. He is also responsible for developing a training program for Navy personnel on how to implement background analyses to establish background conditions. Dr. DeGrandchamp has developed a cost-effective, risk-based corrective action approach for a hazardous waste site for Lockheed Martin in Denver, Colorado. The approach incorporated Monte Carlo simulation techniques to accurately estimate actual site-specific risks based on realistic exposures. A cost-benefit matrix was being developed to guide risk management decisions. Scientia Veritas,L.L.P. Dr.Richard L.DeGrandchamp-Page 3 Dr. DeGrandchamp provided technical expertise on wide-ranging issues to EPA Regions 8 and 6 RCRA and CERCLA programs. He provided toxicological and statistical support on all remedial investigations and feasibility studies conducted at Rocky Flats Nuclear Weapons Plant(RFP) and was involved in all investigations pertaining to the analysis of human health risks resulting from chemical and radionuclide exposures. He developed data quality objectives and risk assessment methodology, statistical analysis, sampling and analysis plans, and oversaw all chemical and radiological fate and transport modeling. He compiled a database for conducting Monte Carlo simulations and provided technical review on supplemental guidance for conducting Monte Carlo simulations for EPA Region 8. He developed a cost-effective risk assessment template for RFP to streamline and provide consistency for all risk assessments. Dr. DeGrandchamp was responsible for evaluating DOE's statistical analyses and risk assessments and ensured results were consistent with USEPA,the International Commission on Radiation Protection(ICRP)and Nuclear Regulatory Commission(NRC)methodologies. He assisted EPA Region 8 in negotiating numerous disputes and was a participant in a workgroup of nationally recognized experts in binding arbitration involving statistical analyses. He was selected as a member of an interagency committee that included the Colorado Department of Natural Resources, Colorado Department of Health, Colorado Fish and Wildlife Service, EPA Region 8, and DOE to scope,design, and implement a comprehensive installation-wide human health and ecological risk assessment for Rocky Flats. Dr. DeGrandchamp provided scientific expertise to DOE on toxicological, risk assessment, and statistical issues at the Savannah River Site (SRS) in South Carolina. He reviewed human health risk and dose assessments conducted for numerous operable units and participated on a task force responsible for establishing background conditions. He invited to lecture on risk assessment and statistical issues by EPA Region 4, DOE, and the South Carolina Department of Health project managers and toxicologists. Dr. DeGrandchamp conducted numerous baseline risk assessments at Naval Air Station(NAS) Lemoore in California. These risk assessments were ultimately combined into a comprehensive installation wide risk assessment that involved fate and transport modeling of contaminants coupled with the analysis of current and potential future health risks. He was responsible for all negotiations with federal and state regulators. He successfully negotiated cost-effective management of human health risks during remedy selection by using a risk-based approach to avoid unnecessary and expensive remediation Dr. DeGrandchamp conducted all risk assessments and coordinated feasibility studies for NAS Moffett Field in California. He carried out a detailed future land use analysis that was used to focus risk mitigation strategies based on probable future land use. The land use analysis was also used to focus human health risk assessments on realistic exposure conditions to avoid unrealistic conservative default assumptions. He negotiated all aspects of the risk assessment approach with state and federal regulatory agencies. The Navy requested Dr. DeGrandchamp to assist the Department of Justice to avert formal dispute resolution. Dr. DeGrandchamp conducted risk assessments for NAS Alameda in California. He was responsible for developing the overall risk assessment approach and negotiating all technical aspects of the project Navy with local, state, and federal regulators. He was also tasked with preparing innovative approaches to establish anthropogenic and nonanthropogenic background conditions, preliminary remediation goals, and data aggregation to estimate exposure-point chemical doses. He was also responsible for developing a Navy policy document for risk-based Scientia Veritas,L.L.P. Dr. Richard L.DeGrandchamp-Page 4 corrective action(RBCA)at petroleum sites. Dr. DeGrandchamp provided oversight to DOD for risk assessments conducted for NAS China Lake. He was responsible for implementing a risk-based cost-effective approach for remediation and alternative cleanup levels based on actual site exposures. Dr. DeGrandchamp provided technical expertise to the Massachusetts Department of Environmental Protection for radionuclide risk assessments, compliance, and cleanup standards. He worked with the state to develop state guidance for radionuclide cleanup of all Department of Defense and Nuclear Regulatory Commission operated sites within the state. Dr. DeGrandchamp provided EPA Region 8 with technical oversight for all remedial investigations and risk assessments for F.E. Warren Air Force Base in Wyoming and Tooele Army Depot in Utah. He conducted an risk assessment in response to an emergency exposure condition for off-site residents at F.E. Warren AFB who were directly exposed to high concentrations of organic solvents. Dr. DeGrandchamp led the human health and environmental risk assessment task force for EPA Region 6 in studying potential adverse health effects associated with emissions from several incinerators in Midlothian, Texas. This investigation was prompted by strong public concern about adverse health effects on humans and livestock. In this evaluation, Dr. DeGrandchamp analyzed the potential for dioxin to produce birth defects, spontaneous abortions, and other potential toxic effects. Dr. DeGrandchamp investigated the human health risks associated with RCRA facilities in southern California. He conducted the risk assessment for the onsite human receptors as well as the surrounding community to determine the potential risks to pregnant woman from benzene, arsenic, and cadmium exposure in groundwater. He also evaluated the risks to fetuses via in utero exposure. At another RCRA facility,he conducted a risk analysis to determine potential risks associated with arsenic-laden fly ash used as landfill material. Dr. DeGrandchamp provided oversight and technical support to the EPA Region 8 (Montana office) RCRA division for remediation of oil refineries in Billings, Montana, Mandan,North Dakota, and Commerce City, Colorado. He oversaw all phases of the RCRA process involving preliminary investigations and corrective measures studies. His developed health-protective cleanup levels, and evaluated facility permitting and remediation enforcement. Together with Colorado Department of Health officials,he worked to negotiate remediation goals and a cost settlement. TEACHING AND TRAINING Dr. DeGrandchamp is an Adjunct Professor at the University of Colorado School of Medicine, Department of Molecular Toxicology and Environmental Health. He is responsible for developing a risk assessment and toxicology curriculum and provides training to doctoral candidates in toxicology. Dr. DeGrandchamp is a Faculty Member at the Naval School Civil Engineering Corps Officers (CECOS), Port Hueneme, California(1996-Current). He was responsible for developing the course curriculum and teaches in the Advanced Risk Assessment Training program. He also teaches courses on background analyses, statistics, and tiered risk assessment in the Scientia Veritas,L.L.P. Dr.Richard L.DeGrandchamp-Page 5 Advanced Environmental Restoration program. Dr. DeGranchamp is a member of an ad hoc scientific panel that is developing statistical and risk management training for DO for field engineers at Navy installations in California. Dr. DeGrandchamp has trained many U.S. EPA CERCLA and RCRA personnel, and Navy project managers in the practice and application of risk assessment, statistics, and toxicology particularly with regard to petroleum site cleanups. Dr. DeGrandchamp has trained many medical and toxicology graduate students during his postdoctoral tenure. He was responsible for lecturing and training students in toxicology, physiology, pharmacology, and pathology. LITIGATION EXPERTISE Dr. DeGrandchamp testifies as an expert witness in tort litigation and provides pretrial legal support on issues involving toxicology, chemical fate and transport, risk assessment and risk management, and environmental laws and regulations. Dr. DeGrandchamp has provided expert witness testimony in several toxic tort litigation cases for a potentially responsible party at a chrome-plating facility in Texas. His responsibilities include reviewing medical records, preparing pretrial reports, giving depositions, presentations during arbitration and mediations, preparing trial exhibits,preparing guardian ad htem documents, and testifying at trials. Dr. DeGrandchamp is currently working with Department of Justice attorneys on diverse environmental issues for the DOD. Dr. DeGrandchamp provided DOD with technical expertise and negotiation support in their Navy CLEAN program. He is a member of a program-wide technical panel that evaluated the legal basis for developing innovative remediation strategies to streamline the CERCLA process for all Navy bases scheduled for closure or transfer. He prepared position papers, developed the Navy's overall remediation strategy; and negotiated with local, state, and federal regulation agencies. He has been the technical expert in numerous negotiations and dispute resolution meetings. Dr. DeGrandchamp has provided toxicological litigation support for a petroleum site in Utah during a due diligence investigation. His responsibility is to evaluate the potential for exposures associated with on-and off-site releases and determine the most cost-effective remedial strategy to avert toxic tort litigation during sale of a contaminated property. Dr. DeGrandchamp served as the toxicological expert in a toxic tort case filed against a major pesticide manufacturer that involved domestic exposure to a pyrethroid pesticide. After evaluating exposure conditions and reviewing medical records he determined the case lacked merit. Defense attorneys were subsequently successful in having the case dismissed. Dr. DeGrandchamp provided litigation support for a toxic tort case involving a PRP in Montana involving exposure to petroleum constituents. His responsibilities included developing the overall scientific strategy and designing a sampling plan for the defense. Dr. DeGrandchamp provided legal support for a chlorinated solvent site in Montana. He also served as the technical advisor on community relations for this project. He was responsible for Scientia Veritas, L.L.P. Dr. Richard L.DeGrandchamp-Page 6 interacting with the U.S. Department of Health and Human Services, Agency for Toxic Substances and Disease Registry(ATSDR). BIOMEDICAL RESEARCH Dr. DeGrandchamp investigated the neurotoxic mechanisms associated with exposure to mercury and acrylamide. This information was incorporated into the toxicological database developed by USEPA and the Occupational Safety and Health Administration to set regulations and establish safe exposure conditions for occupational workers. Dr. DeGrandchamp investigated the neurotoxic effects of alcohol on the developing nervous system, which produces fetal alcohol syndrome. He was responsible for developing new research methodologies and approaches to investigate subtle molecular changes in the nervous system. Dr. DeGrandchamp designed experimental paradigms to study the bioavailability of mineralogical forms of heavy metals, such as arsenic and cadmium, from mining tailings for a CERCLA site in Montana. Dr. DeGrandchamp worked on a project for the National Institutes of Health to investigate the neurophysiological mechanisms of strychnine poisoning. In this capacity, he coordinated a team of experts and managed all technical personnel in a multifaceted research program to elucidate the steps that result in central nervous system damage. Dr. DeGrandchamp further refined the neurotoxic esterase in vivo enzyme assay used to evaluate neurotoxic damage resulting from nerve agents and pesticides. This laboratory method has become a standard methodology to screen neurotoxic compounds in the chemical industry and to evaluate the neurotoxic potential of chemical weapons. He also developed a correlative animal model for USEPA to quantify chemical-induced neuropathies associated with exposure to pesticides and nerve agents. Scientia Veritas,L.L.P. Dr.Richard L.DeGrandchamp-Page 7 PUBLICATIONS Dr. DeGrandchamp has authored over 100 human health proprietary risk assessments and toxicological evaluations. 1. DeGrandchamp, R.L., and H.E. Lowndes, 1990. Early degeneration and sprouting at the rat neuromuscular junction following acrylamide administration, Neuropathol. Appl. Neurobiol, 16:239-254. 2. DeGrandchamp, R.L., K.R. Reuhl, and H.E. Lowndes, 1990. Synaptic terminal degeneration and remodeling at the rat neuromuscular junction resulting from a single exposure to acrylamide, Toxicol. and Appl. Pharmacol, 105:422-443. 3. DeGrandchamp, R.L., and R.J. Richardson, 1996. Degeneration of rat muscle spindles induced by organophosphorus compounds (in preparation). 4. McNiven, A.I., R.L. DeGrandchamp, and A.R. Martin, 1990. Conductance properties of glycine- activated chloride channels depend on cytoplasmic chloride concentration,Abstract, Biophysical Society. 5. McNiven, A.I. R.L. DeGrandchamp, and A.R. Martin, 1990. Effects of cytoplasmic chloride on glycine-activated chloride channels, Proc. of Rocky Mountain Regional Neuroscience Group, Fort Collins, Colorado. 6. DeGrandchamp, R.L., and H.E. Lowndes, 1988. Early degenerative and regenerative changes at the neuromuscular junction(NMJ) in acrylamide neuropathy, The Toxicologist 8:244. 7. Walewski, J.L., M. Okamoto, and R.L. DeGrandchamp, 1988. An in vivo model demonstrating the synaptotoxic effects of chronic perinatal ethanol exposure, Proc. of the Society of Physiology 1988, Society of Physiology, Washington, DC. 8. DeGrandchamp, R.L., S.F. Matheson, and H.E. Lowndes, 1987. Decreased de novo Ache syn- thesis following axotomy, The Toxicologist 7:53. 9. Halleck, M.M., B.G. Gold, R.L. DeGrandchamp, M. DeJesus, K.R. Reuhl, and H.E. Lowndes, 1987. Neuropathology of trimethyl lead in the rat, The Toxicologist 7:27. 10. DeGrandchamp, R.L., 1986. Organophosphorus-induced delayed neuropathy in the rat, Thesis, University of Michigan, Ann Arbor, Michigan. 11. DeGrandchamp, R.L., R. Gray, and R.J. Richardson, 1983. Assessment of neuronal damage in TOCP-dosed hens: a quantitative neurohistochemical approach using horseradish peroxidase, The Toxicologist 3:123. 12. Dudek, B.R., R.L. DeGrandchamp, and R.J. Richardson, 1981. Neurotoxic esterase in developing chick embryo brain, The Toxicologist, 1:33. Scientia Veritas,L.L.P. M 0a cu vi Z CD Is 1—) -4—) W. o al .� : Z 4J PE: t4 C ,,,,91 511 141 ©a, U '- Ild = A t L4 p= ell Ca CC'S E'l v .� CA = �~ Z �~El 7441 o W CD .O E� et O i In z al ;NI Atm o \-- IS = CD t C I .ett 4 U Ca C:i et Iftwt .pmt CJ t o� w 0* h• w < a : a I i H s </ ;‘,,,<',,,j,,...\;,::) 'i tr T< ( << , ,f' r (GS Y - rw �« < C C3/ t:*2 C YE N e k R h f'. CC S y r v J e iatg4E �' Q t r 9 'J'4t ;Is*t 4 *x" [iA Ali FJ /: y 3v.'Y�,T , y zy+ t I C4 ,,. 3b,�1` �'D/7C yC» i, !,°,'�S as' i ¢ , • / 4�PC"�` c Yy S*`:4;g z°„W `js'+Q,c q TTY`. `' 1/4'' �Cy4/.SVI•v ' a , i�('�>4' 043" h/r _/ '' 4,.4...NM Shia Yn�, A'� > /' San. ( • S/ ,< F 4 �t , t �� O � (s� : ,• y<yY� >' '. 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SMITH, CIH Principal Strategic Risk Management Consultant EDUCATION Colorado State University, B.S., Environmental Health, 1976 University of Pittsburgh, School of Public Health, M.S., Environmental Chemical Hazard Analysis, 1990 University of Colorado, School of Engineering, M.E., Engineering Management, anticipated - 1998 ACADEMIC APPOINTMENTS Instructor University of Colorado, Department of Environmental Sciences and Engineering (Denver, Colorado), and Graduate School of Business (Boulder, Colorado) Faculty Member, Advanced Environmental Restoration Program and Advance Risk Assessment Training Program, Naval School, Civil Engineer Corps Officers (CECOS), Port Hueneme, California(1998-Current) PROFESSIONAL POSITIONS Current Associate and Principal Risk Management Consultant, Scientia Veritas, L.L.P., Evergreen, Colorado October 1993-Current President, Technical &Management Systems& Services, Inc., Littleton, Colorado October 1990-October 1993 Manager, Risk and Remedial Action Analysis, EG&G Rocky Flats Inc., Golden Colorado September 1989 — September 1990 Group Manager, Risk Assessment and Toxicology, Harding Lawson Associates, Denver, Colorado, November 1983 —August 1989 Senior Environmental and Risk Assessment Scientist and Project Manager, NUS Corporation, Pittsburgh, Pennsylvania January 1980 — August 1983 Scientia Veritas,L.L.P. 714.4 j `; 5927 Sandrock Drive,Evergreen, Colorado 80439 Telephone 303-674-8751 Facsimile 303-674-8755 Nit 1 lam,*'1 ` . Mr.Dennis M. Smith-Page 2 Health/Safety and Environmental Engineer, DRAVO Engineers and Constructors, Pittsburgh, Pennsylvania August 1977 to December 1979 Industrial Hygiene Engineer, Allied Chemical Corporation, Ashland, Kentucky PROFESSIONAL SOCIETIES/ASSOCIATIONS Society For Risk Analysis (Past - President Rocky Mountain Chapter) Health Physics Society (National and Local Sections) American Industrial Hygiene Association American Management Association American Chemical Society SUMMARY OF PROFESSIONAL EXPERTISE Mr. Smith is SV's Principal Strategic Risk Management Consultant and specializes in solving complex problems through optimization of risk assessment and risk management techniques. Mr. Smith has over twenty years of progressive and diversified environmental science, engineering, and management experience including 15 years of hazardous waste management. His areas of expertise include: environment risk and remedial action assessment and management, radiological health assessment, occupational safety& health, contaminant chemistry-fate-transport analysis, regulatory compliance strategy and management, cost-effectiveness evaluation, strategic decision analysis, cost benefit analysis, financial optimization, and project and program management. Mr. Smith has a unique blend of technical and managerial insights, and extensive experience working for the USEPA and regulated community. He has combined these attributes into a consulting repertoire that emphasizes advising clients on optimal technical and strategic approaches, regulatory negotiations, and integration of environmental economics into corporate financial management. SUMMARY OF PROJECT EXPERIENCE Mr. Smith has conducted or reviewed over 250 risk assessment and remedial action studies. He is well versed in the use of USEPA Guidance, ASTM's Risk Based Corrective Action (RBCA) model, the Army's Preliminary Pollutant Limit Values (PPLVs), Corps of Engineers (COE) Guidance, and the Department of Energy's (DOE) Radiological Protection Orders and Guidance. Mr. Smith has served as the lead risk analyst on pivotal, nationally known hazardous waste sites including: the Army's Rocky Mountain Arsenal Off-Post Operable Unit, the DOE's Rocky Flats Plant and Monticello Remedial Action Program, and the Environmental Protection Agency's (EPA) Times Beach RCRA Soil Scientia Veritas,L.L.P. Mr.Dennis M. Smith-Page 3 Incineration Project. Mr. Smith was responsible for conducting and overseeing risk assessments and remedial action evaluations for the DOE's Rocky Flats Plant Environmental Restoration Program. He was responsible for developing and implementing methods for assessing exposure, characterizing risk, assessing regulatory alternatives, and evaluating cost-effectiveness. He was responsible for negotiating risk-based cleanup strategies with EPA, the State of Colorado, and stakeholders. TEACHING AND TRAINING Mr. Smith has taught the Environmental Project Management Course for the University of Colorado at Denver Environmental Science and Engineering Department. He also gives guest lectures on Environmental Management to MBA students in University of Colorado at Boulder Graduate School of Business. Mr. Smith has trained Navy project managers in the practice and application of risk assessment, statistics, and toxicology particularly with regard to Risk Management in the CERCLA process LITIGATION EXPERTISE Mr. Smith has testified as a defendant's expert in a wrongful death claim involving exposure to petroleum products and radionuclides. He was responsible include reviewing records, preparing pretrial reports, giving deposition, preparing trial exhibits, and testifying at the trial. 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EXHIBIT IBI use-tt_l_195 �rt Manure & Wastewater Management • Colorado Confined Animal Feeding Operations erations Control Regulation 4. 8 .0 (5 CCR � 1002- 19) � tt n rg }h t� rt • CAFO Regulations - s• ✓ Protect surface and groundwater 40 of the state / Mandatory for facilities with 1000 animal units or more • ' Dairies with +700 animals are .., regulated � I. ' Applies to solid and liquid , manure 4 1 , .. ii Solid Manure-- • Requirements • ✓ Must be ✓ Manure and soil properly sampling managed required if Stockpiles not ✓ Records kept within a 100- for 3 years 4 year floodplain it "_. ✓ Runoff from 3 ., stockpiles J containedti ✓ Applied at x� ip3. agronomic rates v'4 r Wastewater • Requirements �th3 ,,a 7Y • ✓ No discharge ✓ Must sample n ✓ Storage lined soil and <1 /32" wastewater ✓ Contain 25- ✓ Keep records 3 year,24-hour years , • storm tt If Contain process water ✓ Apply at ,, _ agronomic rates <k y rs� a . CAFO Controls ri 4µh � v 3 • t 5 41 ✓ Authority of the Colorado Department of Public Health & Environment ✓ Delegated to Weld County Health Department ✓ Penalties for violations up to $ 10,000 per day, per violation. ✓ Criminal penalties up to $25 ,000 5` Fd Jtaz. 3 EA4?F • ifs' req t4' ar : s�z4 ia#airy' t Nuisance Management use 4 Bella Holstein' s ri Supplemental Nuisance Management Plan se e R. 24 I. Air Quality Air quality at and around confined animal feeding operations are affected primarily from the relationship of soil/manure and available moisture. The two primary air quality concerns at dairies are dust and odor. However,the management practices for dust or odor control are not inherently compatible. Wet pens and manure produce odor. Dry pens are dusty. The two paragraphs below outline the best management practices for the control of dust and odors that Bella Holsteins will use. The manager shall closely observe pen conditions and attempt to achieve a balance between proper dust and odor control. Additional reference information on odor and dust control as guidance to the dairy manager is attached in section "References". Dust Dust from pen surfaces is usually controlled by intensive management of the pen surface by routine cleaning and harrowing of the pen surface. The purpose of intensive surface management is twofold;to keep cattle clean and to reduce pest habitat. The best management systems for dust control involve moisture management. Management methods Bella Holsteins shall use to control dust are: 1. Pen density Moisture will be managed by varying stocking rates and pen densities. The animals wet manure and urine keep the surface moist and control dust emissions. Stocking rates in new portions of the facility will be managed to minimize dust. 2. Regular manure removal Bella Holsteins will conduct regular manure removal. Typically manure removal and pen maintenance will be conducted several times per month. 3. Sprinkler systems Sprinkler systems,timed appropriately, are an effective method for keeping dairy surfaces moist. Dairy cattle produce significant moisture through urine and feces. Pens surfaces are extensively maintained for cattle health and milk quality purposes. Bella Holsteins is not planning a sprinkler dust control system for this facility. 4. Water Trucks Should nuisance dust conditions arise,water tanker trucks or portable sprinkling systems will be used for moisture control on pens and roadways to minimize nuisance dust conditions. 4 Odor Odors result from the natural decomposition processes that start as soon as the manure us excreted and continue as long as any usable material remains as food for microorganisms living everywhere in soil,water and the manure. Odor strength depends on the kind of manure, and the conditions under which it decomposes. Although occasionally unpleasant, the odors are not dangerous to health in the quantities customarily noticed around animal feeding operations and fields where the manures are spread for fertilizer. Bella Holsteins will use the methods and management practices listed below for odor control: 1. Establish good pen drainage Dry manure is less odorous than moist manure. The dairy will conduct routine pen cleaning and surface harrowing to reduce standing water and dry or remove wet manure. 2. Regular manure removal Reduce the overall quantity of odor producing sources. The dairy will conduct routine pen cleaning and harrowing several times per month. 3. Reduce standing water Standing water can increase microbial digestion and odor producing by-products. Proper pen maintenance and surface grading will be conducted by the dairy to reduce standing water. The stormwater ponds will be dewatered regularly in accordance with the Manure and Wastewater Management Plan for Bella Holsteins. No chemical additives or treatment of the stormwater ponds for odor control are planned. Research to date indicates poor efficacy, if any, of these products. 4. Land application timing Typically air rises in the morning and sinks in the evening. Bella Holsteins will consider weather conditions and prevailing wind direction to minimize odors from land application. Typically, land applications will be timed for early mornings. If Weld County Health Department determines nuisance dust and odor conditions persist, Bella Holsteins will increase the frequency of the respective management practices previously outlined such as pen cleaning, surface grading and pen maintenance. Additionally, if nuisance condition continue to persist beyond increased maintenance interval controls, Bella Holsteins will install physical or mechanical means such as living windbreaks and/or solid fences to further minimize nuisance conditions from dust and odors. 5 Pest Control Insects and Rodents Insects and rodents inhabit areas that 1) have an adequate to good food supply and 2) foster habitat prime for breeding and living. Keys practices Bella Holsteins will use to manage insects and rodents are to first eliminate possible habitat and then,reduce the available food supply. Bella Holsteins will control flies by: 1. Regular manure removal Manure management removes both food sources and habitat 2. Reduce standing water Standing water is a primary breeding ground for insects 3. Minimize fly habitat Standing water, weeds and grass, manure stockpiles,etc. are all prime habitat for reproduction and protection. Reduce or eliminate these areas where practical. 4. Weeds and grass management Keep weeds and grassy areas to a minimum. These provide both protection and breeding areas. S. Minimize stockpiles or storage of manure Stockpiles of manure provide both breeding and protective habitat. Keep stockpile use to a minimum. 6. Biological treatments Parasitic wasps are excellent biological fly control and are widely used. The wasps lay their eggs in fly larvae hindering fly reproduction. 7. Baits and chemical treatments Due to environmental and worker's safety concerns, chemical treatments are a last line of defense for insect control. Baits and treatments must be applied routinely. However,they are very effective. Rodent control at Bella Holsteins is best achieved by minimizing spillage of feedstuffs around the operation. Good housekeeping practices and regular feedbunk cleaning, site grading and mill maintenance are used to reduce feed sources. Rodent traps and chemical treatments are effective control methods and will be used as necessary. In the event Weld County Health Department determines nuisance conditions from pest such as flies and rodents persist, Bella Holsteins will initially increase the frequency of the housekeeping and management practices outlined previously. Iffurther action is necessary, Bella Holsteins will increase use of chemical controls and treatments, such as fly sprays and baits and Rodendicide for pest control. 6 r:rv� USR Authority ✓ Granting USR permit gives Weld County additional s authority ✓ Plan and standards are enforceable ✓ Permit is revocable m 1 Fy •pf , r... Platteville C Comprehensive Planj / Retain rural "small -town" • atmosphere / Use "open space" to buffer conflicting uses s / Provide "relief' from the effects of urban intensities• ✓ Create strong economic baser • 7 a ✓ "Poor to Very Poor Soil 2 • Potential for Urban Development" (map 8 - Environmental Limitations) • a aate, to !ry Platteville ' s Efforts , s 'Revised Urban Growth Yxi Boundary & Master Plans on riN• August 3, 1998. E5 ✓ Exhibit 34-Water Distribution Plan (7 :03 pm)• ✓ Exhibit 35-Roadway Plan (6:57 pm) ; :c • ✓ Exhibit 36-Sanitary Sewer Plan • (7 :07 pm) ✓ Exhibit 37- Harris Annexation - Drafted 6/25/98 _ Compatibility + x, 4it[tti , ✓ Dairy has existed for decades ✓ Dairy is compatible with existing surrounding uses ✓ Urban development compatible . with existing surrounding uses? v f • IIY�i fie $ r,. to Bella Holsteins before/duringP&Z k ft TM ' Model Dairy mF /No complaints registered Y`24 ✓ Testimony acknowledged a good dairy 3 = % .: , •i S W js 3 f' • 4 Bella Holsteins after P&z ✓ Microscopic scrutiny ✓Numerous complaints • ✓ Harassment• ° ✓ Trespass ✓ Vandalism • • • x Agriculture & the Futurek. ✓ Colorado looses 90,000 acres of • ag land per year to urban sprawl n., Growth is essential to survival 5e ✓ Food production is essential - • II� by rG 4�A 4 E`� { • • Room to M000ve £. Bella Holsteins is an essential business . Expansion is positive for p the community l4 75� 9 GORSUCH KIRGIS LLP ATTORNEYS AT LAW TOWER I, SUITE 1000 11515 ARAPAHOE STREET I DENVER. COLORADO 80202 I TELEPHONE (303) 376-5000 , FACSIMILE (303) 376-5001 CHARLES A. KUECHENMEISTER DIRECT DIAL (303) 376-5044 I C--.\ ij email:ck13@gorsuchcom i October 5, 1998 I� o S m c Board of County Commissioners z n o 915 10th Street, 3rd Floor In rrn a 4 o Greeley, Colorado 80632 a L v. `T) C z n 4 a—I Re: Bella Holsteins' Application for USR #1195 N V Dear Members of the Board of County Commissioners: The Town of Platteville desires to supplement the record in the referenced matter with the enclosed article entitled "Odor Intensities at Cattle Feedlots in Nuisance Litigation," by John M. Sweeten, Professor and Resident Director, Texas Agricultural Experiment Station, Texas A & M University. This is the article to which Mr. Dennis Smith referred when testifying about separation distances from cattle feedlots during his testimony before the Board of Commissioners on September 30, 1998. By copy hereof, I am furnishing this article to the Applicant in care of its consultant, Envirostock, Inc. Yours very truly, O UCH KI IS LLP C arles . u h eis er CAK:prh Enclosure cc: Tom Haren, Envirostock, Inc., w/enc. 4 EXAHIBIT CAK\53378\298231.01 `S.J use #1195 Bioresource Technology 45(1993)177-188 ODOR INTENSIFIES AT CATTLE FEEDLOTS IN NUISANCE LITIGATION* John M.Sweeten 303 Agricultural Engineering Department, Texas A&M University College Station, Texas, 77843-2121,USA J.Ronald Minert Bioresource Engineering Department,Oregon State University,Corvallis, Oregon 97331-3906, USA (Received 8 January 1993;accepted 10 January 1993) Abstract regulation pursuant to the clean air act of that state. Odor intensity was measured around two cattle feedlots The Federal Government does not have regulatory to evaluate better their impact on surrounding residents. • authority over odor and hence, there are no US Odor measurements were made by multiple observers Environmental Protection Agency regulations pertain- using a Scentometer. Observed odor intensities were ing to odor or its abatement. reproducible. Within a feedlot, odor intensities up to 120 A private nuisance action consists of a lawsuit DT were measured. Downwind 1 km or more values of between private parties, that is, one or more corn- 3 DT or less were typical. Odor intensity measurements plaints versus an odor source. In some cases, a town were useful as en objective description of downwind may join the lawsuit on the side of the plaintiffs alleging conditions under a variety of climatic conditions. infringement upon the rights of townspeople.A private nuisance lawsuit seeks a court order to cause the Key words: Air quality, odor evaluation,feedlots,land operator to abate the odor, an injunction to close the use,manure,livestock waste. operation, actual damages, punitive damages, or some combination of the above. By its very nature, legal action under the nuisance INTRODUCTION approach (public or private) is subjective and con- tentious. However, court proceedings often involve Odor is regulated as a nuisance in every state in the expert witnesses brought in to provide evidence United States. Nuisance is generally defined as inter- regarding the relative magnitude of the odor problem ference with the normal use and enjoyment of pro- in terms of probable odor frequency, duration, perty. This concept originated with British common measured intensity, perceived offensiveness, and law. A distinction is often made between a `public characteristics. nuisance'(that is,infringement on the rights of numer- Several States have adopted specific regulations for ous people), and a `private nuisance' (infringement on odor intensity at the property lines as measured using a the rights of a small number of people).In most cases, dilution-to-threshold device in most cases (Sweeten, action under the public nuisance concept is lodged 1990). However, of the seven major US cattle feeding against an odor source by a local or state agency seek- States, only Colorado has adopted an odor intensity ing relief in the form of administrative orders to cause standard.Several States including Texas(TACB, 1991) an abatement of odor, administrative penalties, or require a construction permit from the Air Pollution injunctive relief. Administrative or legal action is Control Agency prior to building a feedlot. Location, normally pursued in state courts under the nuisance land use, design and management practices are taken into acount in issuing these permits. An allowable separation distance versus feedlot size *Technical Paper No. 9915, Oregon Agricultural Expert- relationship was recently adopted by the Queensland ment Station,Corvallis,OR,Project 907. (Australia) Department of Primary Industries (QDPI, fro whom correspondence should be addressed. 1989) as part of a feedlot licensing program. The Bioresource Technology 0960-8524/93/S06.00 C) 1993 empirical relationship is as follows: Elsevier Science Publishers Ltd, England. Printed in Great D=�xS (1) Britain 177 178 J.M.Sweeten,J.R.Miner where D is minimum allowable separation distance ranching, and small cattle feedlots. Wheat production (m), N is feedlot size (head), and S is composite site is predominately non-irrigated. The annual rainfall is factor.The composite site factor is the product of four about 580 mm/year (23 in/year) and the annual eva- empirical coefficients,as follows: poration rate is about 1270 mm/year(50 in/year).Pre- vailing wind is from the south. S=Sr x S2 X S3 X S4 (2) The feedlot was built in 1990 on a 32 ha (80 acre) where: tract of land about 7.5 km ($5 miles) north of Alva. Si=stocking density factor,at an average cattle live- Land on three sides of the feedlot site is farm and cki of 450 k to (1000 lb/head) ranch land. However, the 260 ha (one square mile) tract immediately southwest of the feedlot site contains S2=receptor factor (rural residence, small town, an established elite subdivision (Woodlake Estates) etc.) built in 1969, of approximately 12 houses around a Sr=terrain factor(flat,sloping,valley,etc.) small lake and also contains a country club with golf 54=vegetation factor (no trees, light trees, heavy course (Fig. 1). The distance from the cattle feeding trees,etc.) pens to the nearest non-farm residence to the south- The two states with feedlots that are the subject of this west is approximately 610 m (2000 ft) with no tree paper — Oklahoma and Idaho — have a strong rural cover, and the nearest house in Woodlake Estates is a and agricultural economy in which cattle production distance of 1100 m(3500 ft)with light tree cover. and cattle feeding are important components. How- This feedlot has a capacity of 2000 head of light- ever, neither state has odor standards nor requires an weight cattle at one time for a duration of 90-100 days. air-quality related construction permit nor provides This is known as a`backgrounding'feedlot with cattle opportunity for public hearings before a feedlot is built. starting weights of about 160 kg (350 lb/head) and final weights of 340 kg (750 lb/head), for an average weight of 250 kg/head(550 lb/head).Stocking density PURPOSE AND OBJECTIVES is 18.6 m2/head (200 ftz/head). In terms of manure production(ASAE, 1988),this feedlot is equivalent to The purpose of this paper is to report the experience of a 1100 head feedlot where cattle weigh an average of two relatively small cattle feedlots in Oklahoma and 450 kg/ha(1000 lb/head).A schematic drawing of the Idaho that were involved in private nuisance litigation feedlot is shown in Fig.2. and subsequently court decisions as to whether their Other odor sources in the immediate vicinity operation constituted a nuisance. Both cases involved included two feedlots of 3000-4000 head capacity use of expert witnesses who conducted field investiga- about four miles to the west-southwest of Feedlot A tions involving odor intensity measurements and other and two other feedlots of 1000 head and 3000 head observations.The objectives were as follows: to the east-southeast, three-quarters of a mile and one and a half miles,respectively.These feedlots pre-dated (1) To determine odor intensity of the ambient air the Woodlake Estates. within and downwind of the feedlot. A comparison of the size and location of Feedlot A (2) To determine whether the odor intensity at off- with the QDPI feedlot size versus distance guidelines is site locations is of an unreasonable intensity shown in Table I. Feedlot A would be considered a relative to accepted standards in other jurisdic- class 2 feedlot with terrain factor of 1.0. This feedlot tions. would apparently comply with the Queensland guide- (3) To identify management practices that could be lines with a receptor factor of 03 (rural farm resi- accepted by each feedlot to reduce the likeli- dente),but it would not be far enough away with a 1.0 hood of intense and offensive odor that could receptor factor(small town >20 persons).The opera- unreasonably interfere with the normal use and tors had planned for expansion but the only direction enjoyment of neighboring properties. for expansion is to the southwest,which would further encroach on the separation distance. DESCRIPTION OF FEEDLOTS AND Feedlot B SITUATIONS Feedlot B is a 5000 head feedlot in southeastern Idaho in the Snake River Valley.The feedlot is approximately FeedlotA 3km (2 miles) northeast of the city limits of Idaho Feedlot A is a 2000 head cattle feedlot near the small Falls, a city of 42 000 residents. Annual rainfall aver- town of Alva,Oklahoma(approximately 4000 popula- ages 230 mm (8-10 in). Prevailing wind is southwest, tion)on the Arkansas River about 322 km(200 miles) but with a diurnal pattern of northeast winds at night. northeast of Amarillo,Texas, and 161 km(100 miles) The feedlot was built in about 1970 with a capacity of southeast of Wichita,Kansas.The land in this region is 1000 head and has been expanded since with the last predominantly used for wheat production for grain and feedlot expansion in 1989.Liveweight of cattle on feed cattle grazing, cow/calf and stocker cattle pastures, average about 400 kg(900 Ib).The feedlot consists of Odor intensities at cattle feedlots in nuisance litigation 179 Feedlot / N C �p -`O- O, : c dnO° p p — \0 C :i • • Country Club 1 in.:1000ft O Plaintiff houses • Houses,non-plaintiff Fig. 1. Location of Feedlot A in relation to plaintiffs house. 6 ha(15 acres)of feed pens built on nearly level farm- EQUIPMENT AND PROCEDURES land on the western edge of an irregularly shaped parcel of land of about 120 ha(300 acres)totaL The stocking density is 13.5 m2/head (145 ft=/head)at the Instrumentation highest 1991 operating level of 4500 head and 19.5 Odor intensities were measured using Barnebey- m2/head (210 ftz/head) with minimum occupancy for Cheney Scentometer,Model I-3.The scentometer pro- 1991 of 2000 head.Manure is collected once per year, vides the odor panelist with primary odor intensity usually in October, and an accumulation of manure observations of 1.5, 2, 7, 31 and 170 dilutions to occurs thereafter. The feedlot feeds corn silage and threshold (DT)which is the volumetric ratio of odor- potato slurry/paste (at 17% dry matter content) as free air to odorous air sample. Strong odor will be primary ration ingredients that are stored on-site in reflected in a high DT value and vice versa. The pri- open piles and pits,respectively. mary observations have the following approximate There is a row of approximately 12 houses (non- interpretations:farm residents)within one-quarter of a mile to the west of the feed pens (Fig. 3). Several of these residents, 1.5 DT Faint odor later joined by the city of Idaho Falls, filed a private 2 DT Weak odor nuisance suit in 1991, alleging that feedlot odor and 7 DT Low to moderate odor dust were causing nuisance conditions. Several nearby 31 DT Moderately strong odor neighbors have not joined in the lawsuit. 170 DT Strong to very strong odor 180 J.M.Sweeten,J. R.Miner Feed Alleys _North Property LJne/!Fe S......., Posture Gross ' f Voterr ay reeding Pens Drainage n:n.. Rweff D Culvert .. . Holding Pond Foreground "2"vf Pasture East Property U.S. Line Wgheay Grovel Drier 2 gal Alva. OK Foreground 4.5 uses (72 km) I Fig.2. Schematic drawing of Feedlot A(2000 head). Table 1. Allowable feedlot separation distance according to Queensland guidelines in relation to condition at Feedlot A(QDPI, 1989),for a Class 2 feedlot with 18.6 ml/head(200 ftl/head) Feedlot size,No.head at: Stocking Receptor Terrain Vegetation Composite Separation distances density factor factor factor factor site factor 250 kg/head 450 kg/head at 450 kg/head m ft miles(550 lb/head) (1 000 lb/head) .St S) S) 54 S Feedlot A 2 000 1 100 58 0.3 RR 1.0 1.0 NT 17.4 577 1 893 B36 (present) 58 1.0 ST 1-0 10 58.0 1 924 6 311 120 58 0-3 RR 1-O 0.9 LT 15.7 521 1 708 0-32 58 1.0 ST 1-0 0-9 52-2 1 725 5657 1.07 Feedlot A 4 000 2 200 58 0.3 RR 1.0 1.0 NT 17.4 816 2 677 0-51 (at 100% 58 1.0 ST 1.0 1.0 58.0 2 720 8 923 1.69 expansion) 58 0-3 RR 1.0 0-9 LT 15.7 736 2 415 0.46 58 1.0 ST 1.0 0-9 52.2 2440 8000 1.52 Feedlot B — 5 000 58 0.3 RR 1.0 1.0 NT 17.4 1 230 4 040 B76 58 1.0 ST 1.0 1.0 58-0 4100 12 460 2.55 58 0-3 RR 1.0 0.9 LT 15.7 1 110 3 640 0-69 58 1.0 ST 1-0 0-9 52-2 3 690 12 100 2-29 RR,Rural residence;ST,small town;NT,no tree cover;LT,light tree cover. This simple olfactometer is operated entirely by panel- opened sequentially to allow odorous air samples to be ist's breathing.The Model I-3 has two 13 mm(0-5 in) drawn into the chamber and thence into the panelists diameter inlet ports (top and bottom) for drawing in nostrils. ambient air to be sniffed through a thin bed of activated With a scentometer,the panelist breathes odor-free charcoal and has four orifices appropriately sized to air momentarily and then sequentially opens the smal- establish the desired dilutions.These four orifices are lest through to the largest port and breathes the mix- Odor intensities at cattle feedlots in nuisance litigation 181 ture. The panelist makes a yes/no decision as to RESULTS whether he/she can detect odor at that dilution before proceeding to the next(larger)port(that is, lower dilu- Odor intensity observations,Feedlot A tion). The determining criterion is whether or not the A summary of odor observations at Feedlot A is shown presence of odor is detected/discerned at that dilution, in Table 2.All data are averages of two observers.These that is, the detection threshold, regardless of whether data show means and standard deviations from two the odor can be identified or recognized (recognition sampling dates, when a total of 92 site observations threshold). Use of the detection threshold yields with scentometers were made by the two odor panel- scentometer DT observations that equal or exceed the ists. The odor intensity of vegetation (wheat pasture, recognition threshold. dry range grass, scattered trees) and ploughed fields produced a mean odor intensity of 1.7 DT. At Feedlot A, 22 observations alongside the feed Panelists pens produced an average odor intensity of 45 DT, At Feedlot A,two odor panelists identified as JSC and with wide variation depending on location within the JMS were used to make the odor intensity determina- feedlot.The feed pens were wet from precipitation two tions using the scentometer. At Feedlot B, these same to three days before.Two low-lying pens had standing two panelists, plus a third panelist (JRM), served as moisture on the feedlot surface due to improper drain- odor panelists on many of the sampling sites.All three age,and these pens yielded the highest readings of 170 panelists were thoroughly familiar with the instrument DT, while 31 DT was the typical observation at other and protocol, having had extensive field experience feed pen locations. with its use in feedlot and other odor measurement By comparison,odor intensity measurements imme- situations. diately adjacent the downwind edge of two other feed- lots located 1.2 km (0.75 mile) and 24 krn (1.5 mile) east-southeast of Feedlot A produced average odor Weather data intensities of 97 DT on the first visit and 31 DT on the At Feedlot A,weather measurements were made only second visit for a mean of 71 DT,which is greater than of temperature which was cold and remained in the for Feedlot A.Downwind of these two feedlots at a dis- 0-9°C(32-48°F).range,with fair skies and brisk wind tance of 180-300 m(660-960 ft)away,odor intensity in most instances.At Feedlot B,weather data was col- was only 6 DT. lected with the following instruments: Isolated feeding and watering sites for cattle on wheat pastures in the vicinity of Feedlot A presented (1) Temperature,windspeed, and wind direction — odor intensities, on site, averaging 22 DT, while an Digitar Weather Pro. inactive auction market with scraped pens and virtually (2) Relative humidity — sling psychormeter (wet no surface manure produced only 2 DT. bulb and dry bulb temperature). The most intensive odor at Feedlot A was measured at the downwind edge of the runoff holding pond Weather conditions at Feedlot B were mild in the day time and fairly cold at night 4-21°C (40-70°F) range, which was 75%full of effluent(Table 3).The anaerobic with low wind speed of 0-3 m/s(0-6 mph). contents imparted a mixture of algal odor and hydro- gen sulfide odor. The average odor intensity was 90 DT. The highest odor (101 DT)was observed on the Odor observation locations first visit which was about three days after feedlot At both feedlots,a series of sampling points was estab- runoff had occurred and provided organic loading into lished within and around each feedlot and at off-site the pond. The lower reading (78 DT) on the second locations to allow an element of replication.At Feedlot visit ten days later may have been due to partial stabili- A,odor observations were made in the afternoon of 30 nation of the volatile solids in the holding pond con- December 1991 and were repeated on 9 January tents. No de-watering(pump out)had occurred in the 1992, late afternoon and evening, allowing for two interim time. replications at most of the sampling sites and three Feedstuffs processing and storage facilities were replications at others. minimal and consisted of stacks of alfalfa hay, a tub At Feedlot B, odor observations were made on 13, grinder to reduce hay particle size, a metal grain stor- 14 and 15 March with a total of six replicates,taken at age bin,loader-hopper and self-mixing truck.The odor night,day,and early morning hours. produced by these operators were pleasant agricultural Many of the observations were made at locations odors, yet they resulted in a measured odor intensity and times when feedlot odor was not present and back- that averaged 25 DT. ground odor sources including vegetation, soil, and A total of nine observations were taken of odor other factors caused the predominant odor. Observa- directly downwind of Feedlot A at distances ranging tion points within the feedlots were made in roads and 58-1600 m (190-5210 ft).The composite odor from alleys adjacent to feed pens,rather than within the feed Feedlot A decreased dramatically to only 1.5-7 DT at pens themselves. these distances, as compared to 45 DT for the feedlot 182 J.M.Sweeten,J.R.Miner Table 2. Summary of odor observations—two sampling dates,2000 head cattle feedlot,Alva,Oklahoma Location Observation date Averages for both dates 30 Dec.1991 9 Jan.1992 n Mean(DT) SD n DT n DT (1) Background Odor—pasture,cattle grazing 18 1.7±0.5 10 1-7±0-1 28 1-7 0.3 (2) Cattle feed pens FeedlotA 13 40±51 9 53±57 22 45 53 Other feedlots 3 97±7 2 31±0 5 71 36 Feeding and watering sites,unconfined 1 19 3 23±15 4 22 12 Auction market 1 2 1 2 — (3) Runoff holding pond 3 101±70 3 78±40 6 89 52 (4) Feed storage and processing 6 24±36 1 31 6 25 33 (5) Downwind of Feedlot A at distance: 58 m(190 ft) 1 4.5 190 m(625 ft) 1 2 268 m(880 ft) 1 1.8 686 m(2250 ft) 1 7 735 m(2410 ft) 1 7 975m(320011) 1 1-5 1280 m(4200 ft) 1 1.5 1326 m(4350 ft) 1 7 1588 m(5210 ft) 1 1.75 3 3.4±3d 6 40±2.6 9 3.8 2-6 (6) Downwind of other feedlots,at distance: 201m(660ft) 1 7 207 m(680 ft) 1 33 293 m(960 ft) 1 7 1 33±0 2 7±0 3 5.8 2-1 (7) Non-agricultural sources Natural gas compressor station 2 4-5±0 3 36±56 5 23 43 Woodlake Estates 2 33±1.8 2 3-3 1.8 Total no. 50 27.5±442 42 24.8±39.0 92 25.8 41.7 Table 3. Data sheet with sample of data from odor survey for Feedlot A,9 January 1992 Observation Time Location Scentometer Wind Comments no. (pm) observations(DT) direction JMS JSC Av. 1 3:07 Front gate of feedlot 2 1-5 1-75 W Wheat pasture with cattle 2 3:12 Feed alley at SW side of feedlot at 2 1-5 1-75 W Wheat pasture with cattle and pen no.2 background odor of vegetation 3 3:15 Feed alley at NW side of feedlot at 2 7 4-5 WNW Background odor and natural gas last pen - engines at compressor 4 3:17 N central side of feedlot at cross fence 2 2 2 WNW Natural gas odor from compressor 5 3:20 NE corner of feed pens by water tank 2 2 2 WNW Background odor 6 3:23 E fence line of feedlot property 100 ft 1.5 1.5 1.5 WNW Background odor S of NE corner of property 7 7 1.5 4-25 WNW Feedlot odor 8 3:30 E fence line behind holding pond 170 31 101 WNW Holding pond odor 9 3:32 E bank of holding pond 31 31 31 WNW Holding and odor 10 3:35 SE comer of holding pond 170 31 101 WNW Holding pond odor 11 - 3:37 E fence line at center of feedlot 31 7 19 WNW Feedlot and feedstuffs Av.,average. Odor intensities at cattle feedlots in nuisance litigation 183 surface and 90 DT for the holding pond on the feedlot 4. Manure inventory site.These data are plotted in Fig. 3 which shows the Pens did not have an excessive manure accumulation. decrease in odor intensity with distance downwind. The operators had made efforts to maintain an undis- Off-site odor was also measured within Woodlake turbed manure pack. Manure was present on the 3 m Estates and found to be 3 DT on one day of observa- (10 ft) wide concrete pads behind the feed bunks. tion. Also, less than 1000 ft northwest of Feedlot A, Moreover,there was some accumulation of spilled feed odor of 23 DT was emitted at a natural gas compres- and manure beneath the feed bunks,which were open- sion station which operates very large internal combus- sided, being fabricated from split 0.9 m (36 in) dia- tion engines that re-pressurize natural gas in a major meter concrete pipe set on masonry supports. interstate trunk pipeline. These exhaust odors were mildly offensive and sometimes could be distinguished 5. Collection methods from the feedlot odor at points directly in line with and A wheel loader was used for manure collection by a downwind of both sources(i.e.the feedlot and the corn- manure contractor who also furnished trucks for haul- pression station). ing and distribution of solid manure on distant farm- land.A small stockpile of manure was present on-site. Waste management system observations,Feedlot A 1. Occupancy Outcome of litigation,Feedlot A Manure and wastewater management conditions at The private nuisance case against Feedlot A reached Feedlot A were somewhat above average for small the trial phase in early January 1992. The case was cattle feedlots in the area.The cattle stocking rate was tried before a visiting judge from a nearby city with the relatively low, 18.6 m2/head (200 f2/head), especially right of a jury waived.Witness testimony for the plain- in view of the lightweight cattle on feed. tiffs (Woodlake Estates) basically centered on general citizen complaints concerning the intensity,frequency, and offensiveness of the feedlot odor and its effect on 2. Drainage their lives. Testimony for the defense emphasized the The pen drainage was excellent to excessive over most feedlot design and management to prevent odor, the of the feedlot with avet age pen slopes of approximately rural nature and economy of the region, the odor 3-8% in most places. The only exceptions were two intensity measurements discussed in this paper, and pens at the bottom of the slopes where runoff 'fun- feedlot manure and wastewater management practices neled' together into an underground drainpipe which being used and potentially available. connected to the holding pond. Where the slope flat- The judge made four visits to the feedlot and sur- tened at this location,there was an accumulation of wet rounding area, always when the wind happened to be manure and sediment and some standing water. blowing in a direction that did not carry feedlot odor Because of slope conditions,mounds were not needed towards Woodlake Estates. and were not present within the feed pens. In early February the judge ruled that the feedlot was causing a nuisance condition and should be closed by 3. Moisture conditions 31 March 1992. Upon first appeal in early March,the Due to recent snow and rainfall,the pens were damp to judge upheld his earlier ruling that the feedlot was a wet during the study. nuisance. However, he clarified his earlier ruling by declaring that the two feedlot owners could continue to feed out the cattle that they owned personally (esti- mated at 750 head) to finishing weight but all cattle odor.or being fed for other customers would have to be lop removed by the 31 March schedule. HOLDING POND In the meantime, the feedlot managers, their FEEDLOT SURFACE(AVERAGE) attorneys and consultant, developed a proposal for FEED STUFFS remedial action consisting of the following steps in an effort to reduce odor by approximately 75% (that is, tp - -- from about 31 DT to 7 DT): ®® a _ (1) Manure collection from the feedlot surface using a box scraper every two months. ®® - a a a (2) Manure and spilled feed collection from the feed bunk apron every month. o 1,000 2.000 3,000 4.000 5,000 6,000 (0) (305) (610) (914). (1220) (1520) (1630) (3) Removal of all manure and spilled feed from Distance,ft(m) beneath feed bunks and fence lines monthly.All solid manure removed from the feedlot is land Fig.3. Reduction in feedlot odor intensity (dilutions to spread at a remote site,as the current small stor- threshold) with distance downwind of Feedlot A, Alva, age ile is not to be enlarged. Oklahoma. g P g 184 J.M.Sweeten,J.R.Miner Table 4. Statistical summary of all odor observations(DT)by panelists,feedlots and dates Operation No.of Observation No.of Mean°±SD replicates date observations Panelist Overall JMS JSC JRM FeedlotA 1 30Dec.'91 50 34.8A±60.6 18.3^±40.1 — 27.5±444 1 9 Jan.'91 42 31.1.-±53.2 18.4^±36.3 — 24.8±39:0 . 2 Combined 92 33.1^±57.0 18.38±38.3 - 25.8±41.7 FeedlotB 1 12 Mar.'92 9 12.8±13.8 8.8±12.7 2.0±3.0 (2P)10.9±12.7 (3P)7.8±9.0 4 14 Mar.'92 40 15.8±374 11.6±27.8 (24)1.3±2-3 (2P)13.6±30.8 (3P)9.5±23.8 1 15 Mar.'92 10 11.2±13.8 114±13.8 (5)1.8±3-0) (2P)114±13.8 (3P)2-5±2.5 6 Combined 59 14.5^±31.4 11.18±23.9 (38) 1.5c±2.5 (2P)12.8±26.3 (3P)82±19.4 °Means values within rows that have the same letter are not statistically different at the a=0-05 level. J 0 o —I L_ Odor intensity observations,Feedlot B Odor measurements at Feedlot B included six repli- a,°,,,a, cates obtained at night and daytime (Tables 4-6, Fig. o 4). Data set no. 1 was obtained for approximately 1 h o 0 0 on the night of 13 March between 10:48 pm and 11:52 pm.Odor observations commenced at the intersections of Telford Road and St Leon Road and proceeded in a counterclockwise direction on public roads around the 1 feedlot. Climatic conditions were clear, cold and rela- g a tively calm, conducive to an atmospheric inversion (stable)condition,which allows for minimal dispersion \ of air pollution emissions.The wind was generally from \ ❑ the northeast. Odor intensity observations ranged 0-7 ____,.- DT for background odors, including vegetation, agri- cultural soils and household odors, up to 2-31 DT at ° points downwind of(a) Feedlot B, and (b) burning of ""°° r- household trash at one of the residences. Odor obser- vations were not taken on the feedlot itself. Data set no. 2 was obtained on the morning of 14 March between 7:50 am to 8:42 am with clear, sunny Fig.4. Location of Feedlot B relative to the various land- marks identified in Tables 5 and 6. weather. The odor from a small cow/calf feedlot was 1.5-7 DT on Ion Road near the intersection with St (4) Abandonment of the two pens that are poorly Leon Road, as compared to 0-7 DT for background odors of vegetation and musty ploughed fields. drained and improve drainage into the holding Data set no. 3 was obtained 14 March from 12:30 pond. pm to 1:36 pm amid temperatures of 15-20°C (5) Construction of a replacement runoff holding (60-70°F),clear skies and low wind speeds of 0-2 m/s pond off-site on adjoining property to the north- (1-6 mph).Odor intensities of feedlot odor on Telford east(farther away from Woodlake Estates). Road immediately north of the feedlot were only 1.5-2 (6) Stipulation that odor intensity will not exceed 7 DT, which conformed to background/vegetation odor DT at a distance of 90 m(300 ft)or more from levels. Odor intensities within the feedlot were 7-31 the feed pens in a southwesterly direction. DT at the feed storage areas(for corn silage and potato This proposal for adoption of odor control methods slurry) and 2-31 DT for the feedlot surface. Odor of was presented to the same judge at a second and final measurable intensity (a 1.5 DT) was also detected at appeal on 27 March.However,this appeal was not suc- the Idaho Falls sewage treatment plant, dry sludge cessful in terms of continued feedlot operation. The stockpiles and sludge irrigation site(two center pivots), feedlot was closed and the two operators have pur- and at a cattle feedlot within the Lincoln Community. chased and are operating an existing feedlot in an Data set no. 4 was taken in mid to late afternoon adjoining state. (3:30 pm to 6:00 pm).Wind was mostly from the south Odor intensities at cattle feedlots in nuisance litigation 185 (SSW through SE). Weather was mostly cloudy with Manure inventory temperatures from 15 to 17°C (59 to 63°F). Odor There was more manure in most pens,particularly wet/ intensities were 0-2 DT at locations where back- damp manure, than was desirable from either a cattle ground odor dominated(vegetation and horse stables) management or odor potential standpoint. and without influence of feedlots,and they ranged from 7 to 170 DT on-site within the feedlot. On Telford Summary and recommendations for Feedlot B Road at the feedlot entrance, odor intensity was 2-31 The intensity of odor from Feedlot B was within an DT. expected and reasonable range for cattle feedlots in Data set no. 5 consisted of night time odor observa- general,especially in view of the damp conditions from [ions between 10:10 pm and 11:45 pm under almost seasonal precipitation coupled with low evaporation clear skies, calm and cold conditions (Table 5). Wind (Table 6).Odors from feedstuffs storage did not exceed direction was variable so that feedlot odor was odor from the feedlot surface. Off-site odors detected detected at several points around the perimeter of the and identified as being from Feedlot B ranged from 2 observation transverse.Again,background odor levels to 31 DT and usually were 2-7 DT, which is not an were 0-2 DT.The most intense(31 DT)and arguably unreasonable range given the agricultural area sur- the most offensive odor was burning rubber(tire)odor rounding the feedlot. In fact, this would conform to at a cluster of houses on St Leon Road west of the feed- property line odor intensity standards in several states. lot. Feedlot odor from Feedlot B measured 2-7 DT Another small feedlot southwest of Feedlot B pro- off-site, and the small cow/calf feedlot odor intensity duced off-site odor of similar intensity.Other potential was 2-31 DT on Iona Road nearby. On Feedlot B odor sources in the area were also observed. itself,odor intensity was 7-31 DT. Additional management practices are available to Data set no. 6 was made on the morning of 15 reduce further, to a degree, the odor frequency, dura- March (7:50 am to 9:00 am), when temperatures tion, intensity and/or offensiveness from Feedlot B. varied from 4 to 9°C (40 to 51°F) under clear skies These include the following recommendations: with scattered clouds and calm wind conditions.Wind direction was from the north. Background odor was (1) Reduce manure inventory by three times per year 0-2 DT.On Iona Road,the small cow/calf feedlot was collection. The present equipment on hand to characterized by odor levels of 2 DT and Feedlot B by collect and haul manure, wheel loader and two 2-7 DT.Within Feedlot B,odor observations were 31 spreader trucks, was appropriate for collecting DT alongside feed pens, corn silage stack, and potato the manure under most circumstances. In addi- tion,use of a tractor down box scraper to collect slurry storage pit. loose surface manure and for pen shaping of manure at frequent intervals was recommended as an aid in dust and odor control. Visual observations,Feedlot B Some of the visual observations made included the fol- (2) Remove manure from beneath feed bunks and lowing fence lines. Removal of some of the damp manure from each pen should be begun at once to restore effective normal pen stocking density, Cattle occupancy including peeling away excess manure from Virtually all pens were occupied, with 3100 cattle in mounds and away from feed bunk aprons. the feedlot, which is 30% below the cattle level of Manure should also be removed from beneath 4400-4500 head in June—July 1991 and 38% below fence lines. This disturbance of manure (and nominal capacity. removal to off-site locations) is especially encouraged under good drying conditions as a means of reducing the inventory of both manure Pen drainage and moisture and reducing the supply that The site is relatively flat with internal drainage having otherwise is capable of creating odor and even- been provided by:(a)excavation to channel water away tually of breaking down into dust by trampling. from the feed bunks toward the back of the pens gener- The mounds,especially the wet manure, can be ally and then south to a holding pond near the south- reduced in size within a few months and in mid- west corner of the feedlots; and (b) mounding of fall reshaped/rebuilt to assume the desirable manure or soil/manure mixture within nearly all feed winter-time shape and size for cattle comfort. pens. (3) Improve drainage. Backfilling and regarding of some areas to restore drainage should be pro- Moisture conditions vided after the manure harvest is completed. Manure in most pens,including mounds,was damp or This may require a careful survey to determine wet, with some fairly dry areas in most pens.The wet current and design elevations and slopes of pens manure on the flanks of slopes was avoided by the and drainage channels. cattle and this effectively reduced the available pen (4) Adopt dust control technology (sprinkler and space. water tanks). 186 .1.M.Sweeten,"R.Miner ti v g e IS 4 91 3 3 v N o r m A C '° o 0] fA 9 4 +. ° E ° ° `° m g c m o ta ti ° E. E. Tv w ° o O > c go �c 5 C a ou o o 0 E E E o o v `o 'o v `o nn ° 8 u v : 9 • 7.; a v° O C L 0 0 3 C d o o o °u ° o E o E c c a o-o E E c°. `° o g' a o tp'o t) v o g, E $ 9 E, c 3 3 $ uau O t u u• 3 ut w 00 0:1 x° u O 0. w cc O cco 0 ALL. 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Summary of odor observations°at Feedlot B(5000 head),Idaho Falls,Idaho,13-15 March 1992 Location/source No.of Dilutions to threshold,DT observations Mean SD Background odor 25 2.0 0.7 Feedlot B (a) Feedlot surface 5 58-8 62-2 (b) Corn silage stack 5 14.4 11.3 (c) Potato slurry pit 2 66.0 49-5 Downwind of Feedlot B on public roads (a) SW(St Leon Rd) 2 25.0 8.5 (b) S(Ionand) 2 2.8 1'1 (c) SE(Iona Rd) 2 8.6 2-3 (d) NNE(Telford Rd) 2 2.0 0.0 (e) NW(St Leon and Telford Rds) 1 7'0 - (f) W(St Leon Rd) 1 7B — Other livestock feeding sites (a) Cow/calf feedlot 7 6.5 5.9 (b) Horse stables 2 1.8 0.4 Household(non-agricultural)sources (a) Burning trash 2 17.8 18-7 (b) Burning tires 1 3F0 — °Data are averages of six replicates,two odor panelists(JMS and JSC). (5) Haul and spread collected manure at off-site t5) For each plaintiff who incurred any damage for farmland to avoid stockpiling manure on-site. personal inconvenience, discomfort, or annoy- ance, what amount would reasonably and fairly compensate each such plaintiff for such Outcome of litigation,Feedlot B damage? This lawsuit came to trial in November 1992 in a state court in Idaho Falls. Several plaintiffs from the city of This question was answered `zero'with respect to Idaho Falls reported being bothered by the odor from each of the 23 plaintiffs. the feedlot at distances of up to 8 km (5 miles) away. (6) For each plaintiff who incurred any damage for Testimony of the authors included the odor intensity present and recommended the reduction in the fair market value of their observations as well as property, what amount would reasonably and manure management practices. fairly compensate for such damage? The jury was provided six questions to answer in response to the testimony provided: Since the jury had answered 'no' to Question 4, they were instructed not to answer Question 6. (1) Is the defendant's feedlot now,or has it been in the past, a private nuisance as to any of the in- In addition to the jury verdict,the Judge has the oppor- dividual plaintiffs? [unity to order changes in operation of the feedlot.No such orders have been issued at this time. This question was answered 'yes' with respect to each of the 23 plaintiffs. (2) Is the defendant's feedlot now,or has it been in CONCLUSIONS the past, a public nuisance to any of the in- dividual plaintiffs? These two case studies of feedlots involved in litigation This question was answered 'yes' with respect to offered an opportunity to compile and present data on each of the 23 plaintiffs. feedlot odor intensity under the conditions present at (3) the time of the field studies. From these observations Is the defendant's feedlot now,or has it been in and involvement in the litigation proceedings, certain the past, a public nuisance to the City of Idaho conclusions were drawn. Falls? (1) Where cattle feedlots are built or expanded near This question was answered'no'. existing residences without any sort of public review of (4) site selection,nuisance actions are likely to occur. Is the nuisance caused by the defendant's feedlot a permanent nuisance to the individual plain- (2) Guidelines on separation distance, whether tiffs regulatory in nature, extrapolations from research studies, modeling results, or just common sense, may This question was answered'no'. have prevented some of the problems presented here. , 188 J.M.Sweeten,J.R.Miner (3) Odor measurement can be an asset to reaching a (10) Non-feedlot sites such as cattle on pasture and determination as to reasonable odor levels and household solid waste disposal can create odor in- whether they are exceeded. tensities from isolated sources that equal the intensity (4) Odor measurement can help pinpoint the main of feedlot odors,and these factors should also be taken odor sources within a feedlot and to target odor con- into account in setting standards for feedlot siting and trol practices. management. (5) A simple field portable scentometer is a prac- tical and useful tool for measuring feedlot odor. A REFERENCES scentometer covers the range of odor intensities that are pertinent to feedlot odors. ASAE (1988). Manure production and characteristics. (6) Some odor panelists perceive odor at an order D384.1, American Society of Agricultural Engineers, St of magnitude higher than others. Joseph,MI,4 pp. (7) Odor intensities at feedlots covered with wet QDPI(1989).Queensland Government Guidelines forEstab- manure are typically 31-170 DT. Estab- lishment and Operation of Cattle Feedlots. Queensland Department of Primary Industries,Brisbane,Queensland, (8) Feedlot odor intensity dissipates rapidly with I Sept.1989,pp.1-5. distance downwind to a low intensity level, then dis- Sweeten, J. M. (1990). Cattle feedlot waste management sipates more slowly from that level on(Fig.4). practices for water and air pollution abatement.B-1671, (9) It is unreasonable to expect odor intensities Texas Agricultural Extension Service,Texas A&M Uni- versity,College Station,TX. downwind of feedlots to decrease below background TACB(1991).Before your permit is issued—What is start odor levels of 1.5-24) DT, which is the normal odor of construction?Fact Sheet 28,Texas Air Control Board, intensity in agricultural areas without cattle feedlots. Austin,TX,1 p. Oct 07 98 08: 58a Town Of Platteville 1 (970) 785-2476 p. 2 Town of Platteville 400 Grand Avenue • Platteville, CO 00651 ADMINISTRATION • PUBLIC SAFETY • PUBLIC WORKS RECREATION Lee Morrison Assistant County Attorney Weld County Centennial Center Greeley,CO 80631 Lee: On their site tour Monday,October 5, 1998,of Bella Holsteins and the Town of Platteville,the Commissioners requested information on the depth of the Town's wells. Our records indicate that each well is 60 feet in depth. One well was drilled in 1959,the other two were drilled in 1966. If either you or the Commissioners require any other information,do not hesitate to contact mc. Sincerely, drew Schmidt Director of Public Works EXHIBIT TOWN HALL • P.O. Box 70 • Fax:970-785-2476 • 970-785-2245 PUBLIC SAFETY - P.O. Brix 389 • Far 970-785-2476 • 970-785-2215
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