HomeMy WebLinkAbout991439.tiff RESOLUTION
RE: APPROVE DOMESTIC SEPTIC SLUDGE NEW PERMIT #SS-990001 FOR
BENEFICIAL USE -ARTHUR BEIERLE, BRADLEY BEIERLE, ROBERT BEIERLE,
and SAMUEL CARLSON
WHEREAS, the Weld County Board of Health, pursuant to Colorado statute and the
Weld County Home Rule Charter and Weld County Ordinance 89-U, as amended, is vested
with the authority of administering Domestic Septic Sludge Permits in unincorporated Weld
County, Colorado, and
WHEREAS, the Weld County Board of Health held a public hearing on the twenty-third
day of March, 1999, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Arthur Beierle, Bradley Beierle, Robert Beierle, and Samuel Carlson,
16373 WCR 28 Platteville, Colorado, for a DOMESTIC SEPTIC SLUDGE NEW Permit#SS-
990001 for BENEFICIAL USE on the following described real estate, to-wit:
S2, SW4 Section 14 Township 2 Range 67
WHEREAS, said applicant was represented by Forrest Leaf, Leaf Engineering at said
hearing, and
WHEREAS, Section 49.4 of the Weld County Zoning Ordinance 89-U as amended,
provides standards for review of said Beneficial Use Permit, and
WHEREAS, the Weld County Board of Health heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld
County Health Department, Environmental Protection Services and all of the exhibits and
evidence presented in this matter and, having been fully informed, finds that this request shall
be DENIED for the following reasons:
1. It is the opinion of the Weld County Board of Health that the applicant has NOT
shown compliance with Section 49.5 of the Weld County Zoning Ordinance 89-U,
as amended, as follows:
49.5.1.7 That the USE will be compatible with the existing surrounding land
USES;
49.5.1.9 That there is adequate provision for the protection of the health,
safety, and welfare of the inhabitants of the NEIGHBORHOOD
and the COUNTY.
EXHIBIT
991439
DOMESTIC SEPTIC SLUDGE NEW PERMIT#SS-990001 FOR BENEFICIAL USE -ARTHUR
BEIERLE, BRADLEY BEIERLE, ROBERT BEIERLE, and SAMUEL CARLSON
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Weld County Board of Health, that the
application of Arthur Beierle, Bradley Beierle, Robert Beierle, and Samuel Carlson for a
DOMESTIC SEPTIC SLUDGE NEW Permit #SS-990001 FOR BENEFICIAL USE on the
hereinabove described parcel of land be, and hereby is, DENIED.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the twenty-third day of March, A.D., 1999.
WELD COUNTY BOARD OF HEALTH
WELD COUNTY, COLORADO
ATTEST: 8 vlir - - S
Ben Slater, Chair
•
BY: 2 � Lu,t
Secret to the Board of Health
APPROVE AS TO FORM:
//4
sistant-County Atto ey
- Weld County Board of Health Minutes
March 23, 1999
Weld County Centennial Center
First Floor Assembly Room
•
The Weld County Board of Health met March 23, 1999, at 9:00 a.m. in the First
Floor Assembly Room of the Weld County Centennial Center. Those present
included:
Board Members: Ben Slater, Chair; Melvin Brown, Vice Chair; , Roy Spitzer,
Anne White, Michael Willits, Judith S. Yamaguchi, Charles Baum,and Mary
Ellen Stoll.
Others: John S. Pickle, R.S., M.S.E.H. , Director of Weld County
Health Department; Jeffery L. Stoll, M.P.H., Director, Environmental
Protection Services, WCHD; Linda Carlson, R.N. , Director, Preventive
Health Services, WCHD; Karen Spink, Health Education Supervisor,
WCHD; Trevor Jiricek Environmental Protection Services; and Pam
Smith, Environmental Protection Specialist, WCHD.
APPROVAL OF AGENDA
A motion was made by Charles Baum to approve the agenda as presented. Mary Ellen
Stoll seconded the motion, and the motion was carried unanimously.
APPROVAL OF MINUTES
A motion was made by Charles Baum to approve the, February 23, 1999, minutes as
submitted. Judy Yamaguchi seconded the motion, and the motion was carried
unanimously.
ADMINISTRATIVE REPORT
John Pickle, Director of Weld County Health Department, stated Senate Bill 119
did pass making HIV tests mandatory for criminals. John will prepare a statement
to present to the governor of Colorado.
Jeff Stoll and John Pickle discussed complaints of land application of non-
regulated wastes to farm ground. Mr. and Mrs. Harvey are concerned about odor
and the sludge dumping in the sand creek. They are also concerned about sludge
dumping and the posting of the sludge signs. Jerry Cass was concerned of the
nitrate effects being at 5%, land application of paunch, tallow and waste from
Lone Tree Creek Lagoons in the Briggsdale area, odor, and flies. John Pickle and
Jeff Stoll asked the Board Of Health for assistance to develop a consistent
policy guideline for the Weld County Health Department, or perhaps a regulatory
recommendation for consideration by the Board of County Commissioners.
= EXHIBIT
Board of Health Minutes
Page 2
Linda Carlson, R.N. , Director, Preventive Health Services stated that the clinic
will be conducting Tuberculos screening at the Salvation Army.
Karen Spink, Health Education Supervisor gave a presentation regarding the APEX
health packets.
PRESENTATION
Parker Ag Services presentation was canceled.
NEW BUSINESS
SLUDGE APPLICATIONS
Art's Sanitation New SS-990001 was presented by Pam Smith, Environmental
Protection Specialist. Forrest Leaf represented Art's Sanitation. There was
Public opposition. Gene Wagner who represents the Meadow Ditch Company is
concerned about flies and 50 feet deep wells. Fitzgerald represented 15-18
neighbors that are concerned about their harvest crops. Tim Morgan President of
the Fort Lupton Boat Club is concerned about duck hunting and the lake that is
being used for recreation. Anita Moore is concerned about personal health
hazards, sludge being there too long will dry and become dust, then be blown onto
their property. She is also, concerned about the water table and the problems
with property values. Shirley Wagner is concerned about the shallow water and
children playing in canals, which will be near the area where sludge will be
applied. Robert Kerr is concerned about raw sewage and vectors. Harry Theener
is concerned about sign posting, pets, and groundwater. Wendy Dirkson is
concerned about vector diseases, windblown problems, and her business of showing
horses. Rick Sewing not in the rural area, is concerned about his business of
breeding horses, losing customers, the quality of life, and odor. Maryann Abeles
is concerned about her horse facility. Arthur Beierle addressed concerned from
residents about well contamination and management practices. Staff's
recommendations are as follows:
• 1. If Weld County roads are damaged beyond normal wear and tear by the
sludge hauling equipment of the applicant or the applicants'
contractor, the applicant will repair the road damage to the
satisfaction of the Department of Public Works. The Department of
Public Works will be the one to determine when this is warranted.
2. Upon notification by Weld County, the applicant will cease hauling
operations, or direct his contractor to cease hauling operations,
until the roads are repaired to the satisfaction of the Department
of Public Works. Hauling operations will not be allowed to resume
until the condition of the road allows heavy hauling without damage
being done to the roads.
3. The permit will allow application only on the West portion on the
site (West of the Coal Ridge Ditch) .
Board of Health Minutes
Page 3
A motion was made by Melvin Brown to approve the Sludge Application as presented
with staff's recommendations. Roy Spitzer seconded the motion, and the motion
was not carried unanimously. Ben Slater, Chairperson requested a vote. The
motion to approve the Art's Sanitation Sludge Application (SS-990001) was denied.
ENGINEER DESIGNS:
Tom Vermilye (SP-9800457) 890 East Highway 56 -- A motion was made by Charles
Baum to approve the Engineer Design as presented. Judy Yamaguchi seconded the
motion, the motion was carried unanimously.
Lester and Sherrill Stroh (SP-9800467) 15274 Weld County Road 72, Greeley,
Colorado -- A motion was made by Charles Baum to approve the Engineer Design as
presented. Judy Yamaguchi seconded the motion, the motion was carried
unanimously.
Kevin and Rebecca Parker (SP-9800610) 12206 Weld County Road 18, Fort Lupton,
Colorado -- A motion was made by Charles Baum to approve the Engineer Design as
presented. Judy Yamaguchi seconded the motion, the motion was carried
unanimously.
REI, LLC(SP-9900084) 16504 Beebe Draw -- A motion was made by Charles Baum to
approve the Engineer Design as presented. Judy Yamaguchi seconded the motion, the
motion was carried unanimously.
REI, LLC(SP-9900085) 16502 Beebe Draw -- A motion was made by Charles Baum to
approve the Engineer Design as presented. Judy Yamaguchi seconded the motion, the
motion was carried unanimously.
John Oblender (SP-9900037) 111 Mallard Court, Mulligan Lake Estates, Mead,
Colorado -- A motion was made by Charles Baum to approve the Engineer Design as
presented. Judy Yamaguchi seconded the motion, the motion was carried
unanimously.
Steven Vanscoy (SP-9900089) 33491 Weld County Road 25, Windsor, Colorado -- A
motion was made by Charles Baum to approve the Engineer Design as presented. Judy
Yamaguchi seconded the motion, the motion was carried unanimously.
Ronald Kikendall (SP-9900091) Pending address, -- A motion was made by Charles
Baum to approve the Engineer Design as presented. Judy Yamaguchi seconded the
motion, the motion was carried unanimously.
John Roberts (SP-9900083) 4789 Weld County Road 25-3/4, -- A motion was made by
Charles Baum, to approve the Engineer Design as presented. Judy Yamaguchi
seconded the motion, the motion was carried unanimously.
Harold Dietrich (SP-9900081) Pending address, -- A motion was made by Charles
Baum to approve the Engineer Design as presented. Judy Yamaguchi seconded the
motion, the motion was carried unanimously.
Trinity Custom Homes, LLC. (SP-9900108) 3795 Whitetail Court, Mead, Colorado --
Board of Health Minutes
Page 4
A motion was made by Charles Baum to approve the Engineer Design as presented.
Judy Yamaguchi seconded the motion, the motion was carried unanimously.
Gennaro & Nicole Desantis (SP-9900106) 8490 Rowe Place, Frederick, Colorado --
A motion was made by Charles Baum to approve the Engineer Design as presented.
Judy Yamaguchi seconded the motion, the motion was carried unanimously.
Francisco and Patricia Barron (SP-9900076) 15119 Nancy Avenue, Fort Lupton,
Colorado -- A motion was made by Charles Baum to approve the Engineer Design as
presented. Judy Yamaguchi seconded the motion, the motion was carried
unanimously.
Lisa Blindt (SP-9800567) 580 Bobcat, Milliken, Colorado -- A motion was made by
Charles Baum to approve the Engineer Design as presented. Judy Yamaguchi
seconded the motion, the motion was carried unanimously.
Day Star VI, Inc. (SP-9900096) 215 Grandview Circle, Mead, Colorado -- A motion
was made by Charles Baum to approve the Engineer Design as presented. Judy
Yamaguchi seconded the motion, the motion was carried unanimously.
William and Sharon McKay (SP-9900097) Pending address -- A motion was made by
Charles Baum to approve the Engineer Design as presented. Judy Yamaguchi seconded
the motion, the motion was carried unanimously.
John and Mary Romey (SP-9900117) 3683 Weld County Road 12, Erie, Colorado -- A
motion was made by Charles Baum to approve the Engineer Design as presented. Judy
Yamaguchi seconded the motion, the motion was carried unanimously.
Halliburton Company (SP-9900121) 2990 Weld County Road 27, Brighton, Colorado --
A motion was made by Charles Baum to approve the Engineer Design as presented.
Judy Yamaguchi seconded the motion, the motion was carried unanimously.
Respectfully submitted,
R`• `1" -fjF
Raquel' Busti los
Environmental Protection Secretary
. . DC��i ' 1 ,T1�NOTICE OF APPEAL ; ', r f
Re: Permit No. SS-990001 (New)
Domestic Septic Sludge Application
Pursuant to Ordinance 89-U Section 49.5.4 the applicant appeals the denial by the Weld County
Board of Health on March 23, 1999 and requests a public hearing before the Board of County
Commissioners in accordance with Ordinance 89-U.
The basis for this appeal is as follows:
(a) The applicant has met all applicable requirements in accordance with 89-U;
(b) The applicant has demonstrated compliance with Section 49.5.1.1 through
49.5.1.9;
(c) The Board of Health failed to make any finding that the applicant did not meet
applicable standards and conditions of Section 49.5.1.1 through 49.5.1.9 as
required by Ordinance 89-U;
(d) Ordinance 89-U states: "The Board shall approve all or any portions of the
Domestic Septic Sludge Permit unless it finds that the applicant has not met one or
more of the standards or conditions in Sections 49.5.1. through 49.5.1.9.";
(e) As the Board of Health failed to make any findings, the Board of County
Commissioners must reverse the decision of the Board of Health as approval is
mandatory by the use of the word "shall" in Section 49.5.1.
-1-
EXHIBIT
C
R •-• (Vq }fit
Certificate of Delivery
441,
I hereby certify that on this day of April, 1999, I did deliver a true and correct copy of the
foregoing NOTICE OF APPEAL to:
Clerk to the Board
Board of County Commissioners of Weld County
Pam Smith, Specialist
Weld County Environmental Protection Services Divi •
1517 16th Avenue Court
Greeley, CO 80631
Forrest Leaf
-2-
v D Cot;; 'TY 8519 Weld County Road Number 21
Fort Lupton, Colorado, 80621
May 6, 1999
Fr? f .' 10 All !0: 06
Weld County Commissioners GLFR'r1
915 10th Street TO THE Fri `
Greeley, Colorado, 80632
Commissioners,
This letter is in regards to the hearing scheduled for Monday, May 17, 1999 concerning Art's
Sanitation Services request to dump sewage from septic tanks onto fields located near our residences.
In our area we presently have three Turkey farms who dispose of their turkey manure on their
property by spreading it into piles or windrows to dry out and after a long period of time have it trucked
away. However,the piles never go away and the odors become very nauseating. We do not need more
odors added to those we already are trying to eliminate. The sewage Art claims to spread on this field
North of road 20 and East of road 21 will be gray sewage. I disagree, as human excrement and many
other unknown mater will also be in this sludge. Who knows what uncontrolled substances residents
flush into their septic tanks? There will be contamination, raw sewage odors, chemicals and flies
added to the neighborhood. We do not want this. period.
This area of ours consists of several properties valued over$300,000 and increasing daily. Our
tax assessments were just increased this past month by fifteen to twenty percent. Many of these homes
are using shallow wells which could receive contamination through ground water seepage. New homes
are popping up all over our area and will continue to grow with young families. An area adjacent and
West of this site is being planned for development. We will be having children and pets playing in the
area and they could get into the sewage covered fields and get sick(or die) from this contamination.
The areas proposed for sewage distribution also adjoins an irrigation ditch which flows into
Sand Hill Lake. The lake is owned by a Boat Club and is used for swimming, recreation and water
skiing. Can you imagine your family using these waters, knowing that it contained septic systems
run-off? Art's proposed dumping area is on much higher ground than the ditch and lake. Surely it
would be effected by the runoff from heavy rains. I am sure there are several places more suitable for
Art to take his tankers and not disrupt and contaminate our developed area where a heavy population
will be living so close by.
I sat through the Health Board hearing in March where about half of the concerned residents
attended(others had to go to work) and it was a long one at that. The Board rejected Art's request for
very good and sound reasons. I hope your decision will honor your Health Board's rejection. I am one
of your Health Board Members and I excused myself from the sitting on the Board during this hearing
so as to stay neutral. I will not be neutral this time. With my knowledge from being on the Board and
my concern for my neighborhood, I plan to speak up, should it become necessary. Please defeat this
proposal.
Yours of
of sincere concern,
2 EXHIBIT
Charles M. Baum E
� 60t-k $ iv ' s
WILD CO 'TY
From: "Marian Hobbs"<mhobbs@dawsonschool.org>
To: CENTDOMAIN.CENTPOST(CHARDING)Date: 5/10/99 6:46am �172t!','! ! (;, F:1
7: 50
Subject: docket#99-27172
CLERK
TO THE r-' -,
To whom it may concern:
We, J. Frank Hobbs and Marian Hobbs who reside at 8590 WCR 21, Fort Lupton
are opposed to septic sludge being dumped in our neighborhood.
Not only is it unsightly,to say the very least,the smell is a pollutant to
the neighborhood.
We have worked very hard to make a home for ourselves,as our other
neighbors have, and just because we live in a rural area,does not give a
business the right to demand the Board of County Commissioners to reverse
their decision, because of the use of"shall".The Board's job is to make
wise decisions for all involved, not soley to accomodate a business,to the
detriment of the neighborhood and the community.
Thank you.
Sincerely yours,
Marian Hobbs
J. Frank Hobbs
EXHIBIT
F
I --eaH APPea-Q
Evans gams
afr40 w 1" ik 472 4w-.n,r
7987 Will County RpaI#19
r Oft"Lupton; CO 811621
May 12 , 1999 n' ! , ; c): 37
Weld County Board of Commissionerscnc
P. O. Box 758
Greeley, Co. 80632
TO THE
Attn: Commissioner Kirkmeyer REF : Docket #99-27
Albert & Robert Beierle
Dear Commissioner Kirkmeyer, and Samuel Carlson
We would like to express our reservations regarding request for
permit to land apply domestic SEPTIC sewage sludge on a parcel of
land in Section 14, Twn. 2 , Rng. 67N which is immediately north of
land we own on section 23.
The applicant proposes surface application of this septic sludge
with later incorporation. We feel this is unacceptable. There are
numerous houses in the area and the parcel is mostly hilly. we feel
injection would be a more acceptable method of application should
this request be approved. Injection is used with other applications
in this area and has proved acceptable.
Our serious reservation is with the issue this is SEPTIC sewage sludge
and the content is not tested and known nor is it processed as is the
case with treated domestic sewage sludge. Each load would potentially
be an "unknown".
During the recent rain spell there was a serious run-off from the
applicants wester-most portion of his property across road 20 and
south into our pasture. Water remained on road 20 and in our pasture
for quite some time. It is of great concern what would have been
carried with that water had it septic sludge on that land. THe water
from our pasture eventially flows into Sand Hill Lake which is also
very close to the applicants site.
Would the sludge be filtered before application? There are many items
that get flushed down septics that aren' t prudent to flush. Some
people seem to think "out of site, out of mind" . Among these items
can be "Beach Whistles" (Tampon applicators) , the tampon, condoms ,
cigarette butts , drugs and drug paraphernalia. It is unbelievable
what people flush down a toilet. Just ask any plumber! ! If the
waste is filtered to prevent these types of items from being land
applied what method of disposal will be used for these types of matter?
We neighboring land owners had requested the applicant ' s representative
for a copy of the map of the area since the county could not accurately
reproduce it due to its size. Forrest Leaf flatly refused to provide
a copy even when we offered to pay the cost. He said the applicants
felt it was "None of our business . " If this is the attitude now, what
r ^ ',)'. would be the attitude toward resolving any problems which may later arise.
m Since the map is part of the public record we were bewildered at their
lack of cooperation.
Zch
=g� The Health Board found enough concerns with this application to deny
K5 the request. We hope your commission will consider the shortcomings
•rn•mwmmam
PAGF. 1 of 2
Page 2 of 2
of the request to land apply this waste and deny the request for
permit or if the permit is not denied, place siginificant restrictions
on the permit to protect the health and well-being of the many surrounding
residents and land owners .
We have farmed here in southwestern county for over 17 years and are
not opposed to land application of domestic sludge. We believe the
current method of disposal of septic sludge at waste treatment plants
is safe and prudent. The only benefit of direct land application of
the septic sludge would be financial in that the applicant would no
longer have to pay fees at the waste treatment plant for disposal . This
IS NOT AN AGRICULTURAL USEJfor the applicant could apply treated waste
and would agrinomically benefit the soil without questions of safety
being an issue for most residents of the area.
Thank you for considering our concerns and share our message with the
other commissioners .
Sincerely,
Gilbert C. Evans
Diana L. Evans
7987 Weld County Rd. #19
Fort Lupton, Colorado 80621
(303) 833-4720
+• -�_ 1 Ty
Robert W. Ken
177 .,'i` 1 :':x 9: 13 11104 Weld County Rd. 20
Fort Lupton, Colorado 80621
rn;.
CLcy.n
Board Of County Commissioners O T'
Weld County, Colorado
Ref Docket#: 99-27,dated May 17,1999. Subj.: Domestic Septic Sludge Permit for Property Legal
Description: S1/2, SW 1/4,of section 14.Township 2 North, Range 67 West.
This letter is to inform the Board of County Commissioners,Weld County our objections to approval of
permit number Docket#99-27.
1: Our domestic well is a shallow well approximately 40 feet deep with the water rising to above 20 feet. 1
am concerned that water seepage will contaminate our domestic.
2: Also this same water seepage could contaminate Sandhill Lake and the water running through the
irrigation ditch. Both of the above delivers irrigation water to our fauns.
3: Located on our Farm are beehives. These bees will travel some distance looking for nectar before the
corn crops are up. The bees could go to where the septic sludge has been dumped and could bring back to
the hives any thing in the sludge,and the honey would be contaminate without any one knowing.
4: Rodents eating off of this sludge could cause wild life damage when the rodent becomes part of their
diet. Hawks and Eagles arc always in this area.
5: I believe that this sludge will be a breeding ground for insects. With no control this will only add to
insect population and we don't need that.
6: Last would be the odor coming from this sludge. I know your letter said that this will be laid on the
surface with incorporation but will this stop the odor'? A skunk will be long gone but his odor will stay
around for a long time.
7: Chemicals other than household could be in this septic sludge and could contaminate the soil and ground
water.
8: At the meeting with the Board of Health it was stated that this septic sludge was gray water. When a
septic system fails and needs to be pump out the bacteria has quit working and the system now has raw
sewage. When we have had our septic tank cleaned. one side would have all raw sewage and the other side
would have some raw sewage and ray water. After the system has been clean and fresh water flush.there is
probable a mixer of 60%gray water and 40%raw sewage.
Our neighborhood has grown in the last few years and I am sure these new neighbors made their decision to
build here on what the surrounding area presented.They would never have built in this area if they knew
that their loved ones and their pets would be exposed to such a hazard.
Mr. Carlsons letter to the Health Board also stated that this septic sludge was for beneficial purposes. If that
is true,then who will benefit?I don't believe the surrounding area would have any thing to benefit, and if
anything our property would loose its value. Can this truly be what Well County wants for this part of the
county that is suppose to show strong growth in the next few years.
Thank you for taking your time to read this letter and we do hope you will give some thought to the above
concerns.
S" ce ely' ti 41 �`".//� g EXHIBIT
] ibcrt and Mary Ann Kerr -n
C1,
Gene& Shirley Wagner
1'," i 7 r"1 IT 9990 County Rd. 23
Fort Lupton, Colorado 80621
CLERK
Board Of County Commissioners 0 Mc:c: _.
915 10th Street
Greeley Colorado 80632
This letter is regards to the hearing scheduled for Monday May 17th 1999 concerning Arts, Bobs&
Carlson Sanitation Service pertaining to the dumping of raw sewage on their piece of ground.
There are forty plus(40+)homes in this area. Many of us have shallow wells. The wells are our only
source of water We use the water for domestic and also livestock. We already have enough minerals in
our water that we have to filter out for human consumption.
We have children tubing and playing in the Coalridge Ditch that runs through their property. The
Coalridge Ditch is the ditch that carries water to Sand Hill Lake which is used for recreation for the Fort
Lupton Boat Club that is down stream from the property that would be used for dumping raw sewage.
Please help us to keep our neighborhood a safe and environmentally clean
Thank You.
Sincerely Concerned ofilms. Or Gene and Shirley Wagner �%
e EXHIBIT
I
i Appial
Jeff cZAnita Moore 2'ELD CCt:: T,a.
10000 Wefd County 12oad 22
'nni "'¶9 t -, ftt n ,(1
Tort Lupton, CO 80621
(303)857-6436 — Tax(3 03) 857-6390 CLEF(
May 14, 1999
Clerk to the Board of County Commissioners
Weld County Centennial Center
915 10th Street, Third Floor
Greeley, CO 80631
(970) 356-4000
RE: Public Hearing Appeal set for Monday, May 17, 1999 at 9:00 a.m. for
Docket #: 99-27 Domestic Sewage Sludge Land Application for applicant Arthur
Bradley, et al.
Dear Board of County Commissioners,
Per your notice to me dated May 1, 1999, as a highly concerned homeowner with young children
living on Weld County Road 22 (cross road 21) in the populated rural residential area of Ft.
Lupton, I strongly OPPOSE the appeal for Sludge permit based on the following personal health
hazards, environmental hazards, and the detrimental impact on the ability to sell my property.
As a homeowner with well water for drinking, I OPPOSE the surface with incorporation as you
cannot guarantee me that this human feces/treated with toxic chemicals will not have an impact
on my health, my family's health, our livestock's health, should it accidentally get into the water
supply. And with the rains we just had that flooded the farm land of residents in this area, it is
apparent that such a flood could have washed proposed sludge into any one of the surrounding
residential forage land or into our yards. The floods we had were a perfect example of how
things could have become a disaster to residents and their livelihood had sludge been permitted
to be dumped in this area. We all know human waste carries a potential for disease and no
matter how careful the dumping company, there is always potential for human error hazard or
act of god hazards such as floods, etc. and I, again, strongly OPPOSE the sludge permit for
reasons of potential health hazard to myself, my family and our livestock.
Additionally, It is common knowledge that manure, fertilizer and Human Feces Sludge will draw
added fly problems therefore creating a potential hazard to farming/ranching livelihood by
- increasing the risk of Vesticular Stomatitis, which has been a serious problem in our area in the
past. A problem we don't want to invite back. The potential for disease/bacteria spread cannot
'_' EXHIBIT
Appa
Page 2 of 2
Opposing position for Appeal of Domestic Sewage Sludge permit#SS-990001,Docket#99-27
be guaranteed not to impact the resident wildlife, golden eagles, fox, etc. that feed off the vermin
on the ground, or the deer that feed off the forage, that will travel through this Human Feces
infected field. I strongly OPPOSE putting our native, resident wildlife at risk.
It is my experience that if you allow this application to be approved you will be setting
yourselves up for potential liability for all hazard related incidents of farming sicknesses and
human illnesses attributed to these preventable human health hazards, environmental health
hazards to wildlife, water contamination problems, etc. No matter how careful we may
scrutinize said applicant's records, set our regulations, and try to enforce them,there is always a
potential for human error(which the conditions in Briggsdale brought to the board at public
hearing on March 23, 1999,by a devastated group of victims of dumping is testimony to this), so
I highly caution you--do not make the mistake of inviting problems where presently there exists
no problem.
As part of a concerned community activist group opposing this application, I am prepared to
seek legal counsel if necessary to bring action against the county for any suffering brought on my
family and neighbors as well as my livestock by the approval of this application.
I STRONGLY OPPOSE THE APPROVAL OF APPLICATION PERMIT # SS-990001,Docket
#99-27.
If you have any questions, please feel free to contact me by mail, phone or fax.
Sincerely,
127726-
Anita D. Moore on behalf of Jeffrey W. Moore and Family
cc: Ft. Lupton Press
Pam Smith, EPServices Division, Weld County Health
Resident Group in Opposition
Page 12
RE: ORDINANCE 89-U - ZONING ORDINANCE
49.4.2.4.2 The Planning Commission or Governing
Body of any city or town that has
included the parcel in its MASTER
-PLANNING area.
49.4.2.4.3 Weld County Department of Planning
Services.
'_ E X HIBIT 49.4.2.4.4 Weld County Department of Engineering
KServices.
49.4.2.4.5 Colorado Department of Health.
49.4.2.4.6 Colorado State Department of Highways.
49.4.2.4.7 Colorado State Engineer or appropriate
water district or municipality.
49.4.2.4.8 Any irrigation ditch company with
facilities on or adjacent to the parcel
under consideration for a Domestic
Sewage Sludge Permit.
49.4.2.4.9 Any other agencies or individuals whose
review the Environmental Protection
Services may deem necessary.
49.4.2.5 Prepare a staff recommendation for use by the Board of
Health addressing all aspects of the application, its
• conformance with the standards contained in this
Ordinance and comments received from agencies to which
the proposal was referred.
49.5 Duties of the Weld County Board of Health.
49.5.1 The Weld County Board of Health shall hold a public
hearing to consider the application and shall either
. issue or deny all or any portion of the DOMESTIC SEPTIC
SLUDGE Permit. In making a decision on the proposed
DOMESTIC SEPTIC SLUDGE Permit, the Board shall consider
the recommendation of the Environmental Protection
Services, facts presented at the public hearing, and
the information contained in the official record, which
includes the Environmental Health Protection Services'
case file. The Board shall approve all or Any portion •
of the DOMESTIC SEPTIC SLUDGE Permit unless it finds
that the applicant has not met one or more of the
standards or conditions of Section 49.5.1. 1 through
49.5. 1.9. The applicant has the burden of proof to
show that the standards and conditions of Sections
. 49.5. 1. 1 through 49. 5. 1. 9 are met. The applicant shall
demonstrate: .
B 1300 REC 02251915 C6/03/91 10 : 39 >0. 00 12/016
1 . 1Q manv axe_ FFUFRSTFTN CLERK & RECCRn^2 W?T.D CO. CO
Page 13
RE: ORDINANCE 89-U - ZONING ORDINANCE
49.5.1.1 That the septic sludge will be applied either by direct
injection or surface application with immediate
incorporation into the soil;
49.5.1.2 That alternate methods of disposal are available during
cold weather months when injection or incorporation are
not possible;
49.5.1.3 That a minimum of 60 feet from county roads will be
maintained when off-loading;
49.5.1.4 That at no time shall an application site have an odor
reading of greater than a 7:1 dilution/threshold
according to Regulation 112 of the Colorado Air Quality
Control Regulations;
49.5. 1.5 That the ability to prevent, control, and abate
spillage of septic sludge shall De maintained;
. 49.5.1.6 That the methods of handling, storage, and disposal of
the DOMESTIC SEPTIC SLUDGE shall control fugitive dust,
blowing debris, odor and other potential nuisance
conditions;
49.5.1. 7 That the USE will be compatible with the existing
surrounding land USES;
49.5. 1.8 That the USE will be compatible with the future
DEVELOPMENT of the surrounding area as permitted by the
•
existing zone and with future DEVELOPMENT as projected
by the COMPREHENSIVE PLAN of the COUNTY or the adopted
MASTER PLANS of affected municipalities; and
49.5.1.9 That there is adequate provision for the protection of
the health, safety, and welfare of the inhabitants of
the NEIGHBORHOOD and the COUNTY.
49.5.2 Where reasonable methods or techniques are available to
mitigate any negative impacts which could be generated
by the approval of the DOMESTIC SEPTIC SLUDGE Permit
upon the surrounding area, the Board of Health may
condition the decision to approve all or any portion of
the permit upon implementation of such methods or
techniques and may require sufficient performance
guarantees to be posted with the COUNTY to guarantee
such implementation.
49.5.3 Upon the Board of Health making its decision on the
DOMESTIC SEPTIC SLUDGE Permit, a record of such action
and a copy of the permit shall be kept in the files of
the Environmental Protection Services' Office _and a
ccpy sent to the Weld County Clerk to the Board's
Office.
B ' 1300 REC 02251915 06/03/91 10: 39 :0. 00 13/016
.. .. ^ct-r. ormrTiq rr crw z i;crr:RnWR 144?.D rn. CC
DOMESTIC SEPTIC SLUDGE SUMMARY SHEET
Permit No. SS-990001 Date: March 23, 1999
Permit Applicant: Arthur Beierle, Bradley Beierle and Samuel Carlson
Legal Description of Site: PT S2, SW4 Section 14 Township 2 Range 67
Location: Northeast corner of WCR 20 and WCR 21
#of Acres: 72.5
Staff Recommendations:
Staff recommends for approval.
This recommendation is based, in part, upon a review of the application submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
Conditions of Approval:
1. If Weld County roads are damaged beyond normal wear and tear by the sludge hauling
equipment of the applicant or the applicants' contractor, the applicant will repair the road
damage to the satisfaction of the Department of Public Works. The Department of Public
Works will be the one to determine when this is warranted.
2. Upon notification by Weld County, the applicant will cease hauling operations, or direct his
contractor to cease hauling operations, until the roads are repaired to the satisfaction of the
Department of Public Works. Hauling operations will not be allowed to resume until the
condition of the road allows heavy hauling without damage being done to the roads.
3. The permit will allow application only'on the west portion of the site (west of the Coal Ridge
Ditch)
C:PM119EPTIC,99-1.SUM
EXHIBIT
WELD CO0NTY BOARD OF HEALTH
DOMESTIC SEPTIC SLUDGE APPLICATION REVIEW
Permit No. SS-990001 New (+ gfii r#
Permit Applicant: Arthur Beierle, Bradley Beierle andSamuel arlson
Generator. Arthur Beierle, Bradley Beierle and Samuel Carlson
Applicator. Arthur Beierle, Bradley Beierle and Samuel Carlson
Property Owner. Arthur Beierle, Bradley Beierle and Samuel Carlson
Legal Description of Site: PT S2, SW4 Section 14 Township 2 Range 67
Grade of Sludge: n/a Acres: 72.5
Depth to Groundwater. 8.5 feet Depth to Bedrock: 50-70 feet
Application Rate (Gallons/acre): 19,200
Method of Application: Surface
Method of Incorporation: incorporation by chisel or disc within 12 hours
Soils Analysis Conducted by: Weld Laboratories
Sludge Analysis Conducted by: Colorado Analytical Laboratory Staff
Comments: The site is a dryland wheat field (in stubble) divided by the Coal Ridge Ditch. The
field west of the ditch(approx 30 acres) is approximately 8-10 feet higher in
elevation than the field east of the ditch (approx 42.5 acres). A monitoring well was
established on the lower(east) field in December 1998 that found groundwater at
8.5 feet. Because of the concern that this does not represent the seasonal high
groundwater, the Department is recommending that this field not be applied to until
the seasonal high groundwater can be established thru continued monitoring. The
west field slopes from west to east approximately 1-3 percent. A 300 ft setback to
the ditch is required. (Could require a 300 ft vegetative buffer).
Staff Recommendation: Approval
Specialist: Pam Smith
Reviewed by Board: March 23, 1999
B.O.H. Decision: Approved Denied Tabled
1 SLID/L. 3 -1 .( -9
Ben Slater, Chairman
Weld County Board of Health
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FORT LUPTON BOAT CLUB Jerry Sutton,514 Catherine Corot,Platteville,Colo.80651-(970)785-2338
Presideraim v orb Doris Semroska;900 Hoover,Fort Lupton,Colo.80621-(303)857-2217
Vicentbaft1JenySuttnn
Seaaay,Tteasiva;Dot's Senoska
May 15, 1999 EXHIBIT
WELD COUNTY COMMISSIONERS
Centennial Building
915 Tenth Street,
Greeley, Colorado 80631
Commissioners,
We the undersigned members of the Fort Lupton Boat Club would like to take this
opportunity to express our opposition to the proposed dumping of sludge/sewage on property
owned by Art's Sanitation Service up stream from Sand Hill Lake. The Fort Lupton Boat
Club for recreation purposes (water skiing, swimming, fishing, and hunting) leases Sand Hill
Lake from Lupton Meadows Ditch Company. Airborne and water-borne bacteria, spores, etc.
could eventually reach the lake and adjacent property causing any number of diseases and/or
unhealthy conditions to members, our families, friends,pets,and wildlife.
Thank you.
Name Address Phone
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• Page 2 May 15, 1999
- FORT LUPTON BOAT CLUB Tim Morgan;672=n2::
South 2 Avenue,Brighton,Colo.
Jerry Sutton,514 Catherine Court,Platteville,Colo.880°665011:(q37003;768559-;23838:
Acatlat,T 11r1 1 Doris Semrosla;900 Hoover,Fort Lupton,Cola 80621-(303)857-2217
Vice Aesidett Jerry Sutbn
SecretayTreasmr,DaisSennia
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---- To: Board of County Commissioners of Weld County, Colorado.
From: Richard Sewing
10756 WCR 20
Ft. Lupton, CO 80621 • �� rf
My wife and I strongly support the Weld County Board of Health and the decision they
made March 23, 1999 denying the permit for septic sludge application.
We feel the County Board of Health took into consideration the many concerns and
issues that were presented to them by the residents of the area directly affected by
the proposed dumping of human waste. Some of these concerns are:
1) The effect on ground water as addressed by my colleagues.
2) Odor. In my business I have clients come to the farm from as far away as
California, Texas, North Carolina, Arkansas etc to purchase foals. These people
sometimes stay in their motor homes at the farm or a motel in Ft. Lupton and they
spend upwards of four or five days enjoying the fresh country air and bonding with
the foal of their choice. It is my fear that they will not make their selection of a
$4000 to $5000 foal if they have to hold their nose during their stay.
3) Disease transmission. In the Weld County Health Department Guide for
Individual Sewage Disposal Systems it is stated in the introduction that"In order
to preserve the environment and protect the public health, the Weld County
Board of Health and the Weld County Board of County Commissioners
have adopted regulations setting minimum standards for the design and
construction of individual sewage disposal systems. On page 11 under system
operation and maintenance, paragraph 2 states "that in time the sludge will fill the
tank and overflow into the absorption field, clogging the spaces between the soil
particles. When this occurs, the system will fail either backing up the house drains
or causing sewage to surface over the absorption field or both. This is a serious
health hazard, as sewage contains a variety of disease causing
organisms."There is also a graph on page 5 that shows the approved distance
between components of sewage disposal systems and Pertinent Ground Features.
This states"100 feet between components and an irrigation ditch." So I don't
understand why the board would allow broadcasting above ground so close to an
irrigation ditch that would bring disease onto my farm through irrigation water.
B. Existing land uses listed on application only indicated dryland agricultural
production, however, there are at least six professional horse operations
involving over 200 horses within 1 mile of the proposed site. The most
devastating concern and the one item that imposes personal hardship on
thousands of horsemen each year is disease. The October 1998 EQUUS
magazine, page 45, has an article on Equine Infectious Anemia. This article
explains the complexities of the disease, the devastating affects on
professional horsemen and the fact that it is spread by flies. Vesticular
Stomitis or VS is another crippling disease devastating to the professional
horseman. It to is carried by fly's and like Equine Infectious Anemia it forces
quarantine by the state veterinarian office potentially sacrificing our annual
income.
EQUUS magazine, January 1999, page 46 has an article on "Coming to grips
with strangles." Bacterium Streptococcus equi or equine strep is a highly
infectious respiratory-tract disease, with signature abscesses filled with thick,
yellow pus, can strike at a moment's notice and run through a stable like
wildfire. Breeding farms and boarding stables are especially at risk. It is
spread by flies.
Information posted on the Internet indicated that a housefly carries
1,941,000 bacteria. We spray and fog to try to control the fly population and
diseases that they carry. We don't need our neighbor intentionally spreading
fly bait and disease within a stones throw of our livelihood. It is 47 feet
from the corner of the proposed dumpsite to the corner where my newborn
foals are grazing. Once again I support and praise the Health Departments
decision to DENIE the septic pumping company its permit.
4) In the last two weeks of April 1999, we had over 7" of rain. On three occasions my
wife and I witnessed runoff from the West field of the proposed dumpsite, flowing
into the Coal Ridge ditch. I personally verified with Stewart Pribble of the Coal
Ridge Ditch Company that runoff from this field and proposed dumpsite,
consistently flows into the Coal Ridge ditch. This ditch and its contents are then
used to irrigate my farm as well as Bernhards farm west of me. We both put up
irrigated hay and we both graze our horses on lands irrigated by this ditch. Not
only would our horses be subjected to disease, but ourselves, our wives, our
children will also be in direct contact with the same variety of disease causing
organisms we are warned about by the Commissioners and Health Department in
their Guide for Individual Sewage Disposal System on page 11. Therefore, there is
not adequate provision for the protection of the health, safety and welfare of the
inhabitants of the NEIGHBORHOOD and the COUNTY, as stated in paragraph
49.5.1.9 of Ordinance 89-U — Zoning Ordinance page 13
5) In conclusion, I feel the Board of Health considered all aspects and made their
decision in the best interest of the neighborhood and the County. J.B Graner in
California sent me his copy of the notice on docket #99-27 about this meeting. On
the back in his handwriting is the following note. "Dear Rick & Robin, These folks
are not giving up! I noticed in the Fort Lupton News that they have applied for
permits in MANY locations. They are a BIG (and he underlines big) outfit." Even
from California it is obvious that this applicant is a big commercial septic pumper
looking for commercial benefits in the disposal of his disease laden product. He is
trying to disguise his application to look like a farmer looking for agricultural
benefits. He is in fact an absentee landowner searching for commercial gain with
no regards to the health, safety or well being of the neighbors and businesses of
this area. Once again I pray that the Board of County Commissioners uphold and
support the correct decision and denial by the Weld County Board of Health on
March 23, 1999 for Domestic Septic Sludge Application
Jeff ctAnita Moore EXHIBIT
10000 Weld County Road 22 l
(Fort Lupton, CO 80621
(303) 857-6436 — Tat(303) 857-6390
May 14, 1999
Clerk to the Board of County Commissioners
Weld County Centennial Center
915 10th Street, Third Floor
Greeley, CO 80631
(970) 356-4000
RE: Public Hearing Appeal set for Monday,May 17, 1999 at 9:00 a.m. for
Docket #: 99-27 Domestic Sewage Sludge Land Application for applicant Arthur
Bradley, et al.
Dear Board of County Commissioners,
Per your notice to me dated May 1, 1999, as a highly concerned homeowner with young children
living on Weld County Road 22 (cross road 21) in the populated rural residential area of Ft.
Lupton, I strongly OPPOSE the appeal for Sludge permit based on the following personal health
hazards, environmental hazards, and the detrimental impact on the ability to sell my property.
As a homeowner with well water for drinking, I OPPOSE the surface with incorporation as you
cannot guarantee me that this human feces/treated with toxic chemicals will not have an impact
on my health, my family's health, our livestock's health, should it accidentally get into the water
supply. And with the rains we just had that flooded the farm land of residents in this area, it is
apparent that such a flood could have washed proposed sludge into any one of the surrounding
residential forage land or into our yards. The floods we had were a perfect example of how
things could have become a disaster to residents and their livelihood had sludge been permitted
to be dumped in this area. We all know human waste carries a potential for disease and no
matter how careful the dumping company,there is always potential for human error hazard or
act of god hazards such as floods, etc. and I, again, strongly OPPOSE the sludge permit for
reasons of potential health hazard to myself,my family and our livestock.
Additionally, It is common knowledge that manure, fertilizer and Human Feces Sludge will draw
added fly problems therefore creating a potential hazard to farming/ranching livelihood by
increasing the risk of Vesticular Stomatitis, which has been a serious problem in our area in the
past. A problem we don't want to invite back. The potential for disease/bacteria spread cannot
Page 2 of 2
Opposing position for Appeal of Domestic Sewage Sludge permit#SS-990001, Docket#99-27
be guaranteed not to impact the resident wildlife, golden eagles, fox, etc. that feed off the vermin
on the ground, or the deer that feed off the forage,that will travel through this Human Feces
infected field. I strongly OPPOSE putting our native, resident wildlife at risk.
It is my experience that if you allow this application to be approved you will be setting
yourselves up for potential liability for all hazard related incidents of farming sicknesses and
human illnesses attributed to these preventable human health hazards, environmental health
hazards to wildlife, water contamination problems, etc. No matter how careful we may
scrutinize said applicant's records, set our regulations, and try to enforce them, there is always a
potential for human error(which the conditions in Briggsdale brought to the board at public
hearing on March 23, 1999, by a devastated group of victims of dumping is testimony to this), so
I highly caution you--do not make the mistake of inviting problems where presently there exists
no problem.
As part of a concerned community activist group opposing this application, I am prepared to
seek legal counsel if necessary to bring action against the county for any suffering brought on my
family and neighbors as well as my livestock by the approval of this application.
I STRONGLY OPPOSE THE APPROVAL OF APPLICATION PERMIT# SS-990001, Docket
#99-27.
If you have any questions, please feel free to contact me by mail, phone or fax.
Sincerely,
Anita D. Moore on behalf of Jeffrey W. Moore and Family
cc: Ft. Lupton Press
Pam Smith, EPServices Division, Weld County Health
Resident Group in Opposition
EX IBIT
Weld County Commissioners:
In regards to
permit no 55990001:
72 acres
Applicants name Beierle/Carlson
We are home and land owners that are adjacent to the property that
they wish to dump sewage on. This property is higher in elevation than
our home and the coal ridge irrigation ditch that runs through it. We are
worried that when it rains or snows that this sewage will contaminate our
land and the water that runs next to it.
We are also concerned about the flies and smell that this will bring
to our neighborhood where are many people living.
We believe that this will produce more flies that can carry disease and be
harmful to us, our child, and the farm animals that we raise.
We believe if the health department denied this,this can't be safe
for us and our children. We believe that this was denied because of the
close proximity of our homes and wells. This sight is way to close too
many residences and a recreational sights (Sandhill lake,horse riding
facilties,etc.).
Thanks for your consideration,
Bryan Bernhard
Dawn Bernhard
Jacob Bernhard
8798.wcr 21
Fort Lupton Colo 80621
(303)857-2534
EXHIBIT
Weld County Commissioners:
I am an acquaintance of Bryan Bernhard. He is an adjacent landowner of a
company who wants to put sewage on their land.
I can understand that if this is done in small amounts at limited intervals and tilled
into the soil in an adequate manner, no problem. But my understanding is that it will be
done to an extreme.
For Health factors alone, I can't believe the Health Department or anyone else would
allow it to happen. The flies and mosquitoes that it will generate will be overwhelming.
And the fact that they carry disease and overtake the neighbors' home sites. I would also
believe it would contaminate water supplies. Will this also affect all those who are served
by the canal adjoining the land?
Does one need the smell factor explained to them?
I have an acreage close by that we started developing into a personal residence. In years
past,before we owned it,there is evidence that this practice took place there. With only a
little imagination, you have an idea what people put in to their septic or sewer systems. It
continues to surface on my land and I'll never outlive the decomposition cycle of some of
these items. It's just plain disgusting! Why contaminate the land in such an excessive
way?
Please be compassionate to the landowners that make this area their home. Does the
owner of this company live there? I think he's allowed a lot of space between his front
door and this dumpsite. Let's be careful about what happens to Weld County.
Thanks for your consideration,
�u J j Lv'e-h e r
/o02o,S tliete- / 7
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