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April 20, 1998 _. -
,7 . . °: 119
0LF ?,(
TO: Weld County Board of Commissioners Tn -1 !1- -
SUBJECT: Use by Special Review Permit(USR1129) for OK Composting,Mr. Orin
Cunning, owner.
Dear Commissioners:
This letter it to inform you of a potentially hazardous composting operation that has been
operated in Weld County for more than 3 years without required permits.
I first started contacting the Weld County Health Department and the Weld County
Planning and Zoning Department in the summer of 1995, regarding nuisance conditions,
(i.e. odor, and fly problems) associated with the unpermitted composting operation. As
months and finally years passed(with my continual and constant communication with
Weld County Health, Planning and Zoning, and County Attorney regarding this matter.) 1
became appalled that an operation of this magnitude could continue in our county for
almost 4 years without any provision to protect the health and welfare of our citizens.
County records will show a willful disregard on the part of Orin and Myron Cunnings for
the established procedures relative to the permitting of this composting operation in the
first year it was started. Weld County Planning and Zoning had to send several letters to
Orin Cunning in the summer of 1996, asking him to comply with relative county
ordinances,they even had to threaten "appropriate violation procedures."
Numerous complaints have been received by the Weld County Health Department from
citizens in the area regarding nuisance conditions, such as fly and odor problems over the
past 4 years. Weld County Health has judiciously investigated these complaints over the
years and has found that indeed these nuisance conditions do exist.
Mr. Cunning,through his representative Cal Kuska, has assured the Health Department
that these nuisance conditions have been taken care of He contributes past odor and fly
problems to equipment breakdown -his equipment was out of commission for only a
short time-this does not account for 4 years of citizen complaints. Mr. Kuska states that
chicken farm operators report a 90% reduction in flies since he has been hauling away
the manure. I just cannot see what this has to do with curtailing the fly population in the
resident homes around the composting site.
Mr. Kuska states that--- a prudent composting operator would not haul in green manure
when neighbors were in their"backyards barbecuing and hanging out the wash." "A
prudent operator would accomplish these tasks when the temperature is cool and when
neighbors would have their windows closed." This has not been the policy of OK
EXHIBIT
981414
Composting during the past 4 years. Green manure gets hauled and composting piles get
turned without regard to temperature, wind conditions,time of day, or neighborhood
activities.
Many neighbors have evaporative coolers that must be operated all night long during the
hot summer months. When weather conditions are not ideal, these people have to shut
off their coolers to prevent the composting odors from permeating their homes.
There are many other potentially hazardous problems that could arise in the future should
this operation be permitted.
1. Source materials from the composting operation are already saturated with pesticides
before they are received on the site, and Dibrom 8 emulsive (an extremely hazardous
pesticide,) is sprayed on the piles, according Myron Cunning, sometimes daily.
2. The saturation berm will not contain the occasional 5 inch downpour that occurs.
Horizontal leaching and runoff could be a problem in the future.
3. The soil is such that vertical leaching is highly probable with long-time use of the
site, especially being that the denser soils have been removed in the process of
leveling the composting area. Remaining sandy soils will greatly encourage vertical
leaching of harmful materials into the underground aquifers.
4. Already, it appears the composting operation has grown out of the 30 acre boundary
as set forth in the permit application. I am concerned that if a fence is not setup to
define the boundaries of the site, (if approved,)the operators will expand the site area
even beyond this.
In summary, I am primarily concerned with the potential of this operation to contaminate
the drinking water of our community. Secondly, I am concerned that if this operation is
permitted, every neighbor within a 6 mile radius will suffer a loss of tranquillity, which
we have enjoyed in country living. Property values will undoubtedly decline, and
infectious disease through the proliferation of flies could become a threat to public
health.
Respectively submitted,
Fred C. Becker
43745 Hwy 52
Roggen, Co 80652
PH: 303/849-5234
cc: Weld County Planning and Zoning
Weld County Health Department
Weld Count District Attorney
981414
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EXHIBIT
981414 I -
5824 WCR 87
Roggen, CO 80652
April 14 , 1998
Weld County Dept. of
Planning Services
1 400 N. 17Th Ave. Weld County Plannmg Dept.
Greeley, CO 80631
APR 16 1998
To Whom It May Concern :
RE: Case # USR- 1129 P�.,,,, �
O.K. Farms Compost
a.�
We are sending this letter in objection to the animal waste
composting facility plan and permit hearing.
Our quality of life has been reduced by the following, results
of the animal waste east of our farm:
--Disgusting smell . We can ' t enjoy our yard, patio, or a cool
summer ' s east breeze. We rarely can BBQ and eat outside. The
stomach-turning smell totally takes away your appetite.
--Increase in Flies. We would have never chose white metal
siding for our house if we would have known what was to
come . You can ' t even wash all the black spots off , it stains .
The flies are also another big reason for not eating outside.
The flies eat on the dead and diseased poultry that is thrown
in the trailers with the manure and then dumped out here.
They absolutely cannot be healthy to have flying around, eating
on our fresh summer fruit in the kitchen, that we later consume.
It is very much discourteous to all of us . We live in an Ag
zone district for many reasons , we sure do not want it to
turn into a DUMPING ZONE.
Also, our property value is decreased , which also our
property taxes should be if this is allowed. Who on earth
would want to move knowingly by a manure pile? It would have
definitely changed our decision to purchase our land.
We would like you to look at it from all of our views . Would
you, personally, like it in your backyard?? Obviously, they
didn ' t want it in their backyard either.
Thank you for your time and concern.
Sincerely,
Liell_ 40441° .
Wade and Kelly L. Whitfie
981414 I
if
Apri121, 1998
To Whom It May Concern:
This letter is to express our opposition to the Cunning Composting Facility on Highway
52 between WCR 93 and WCR 95. We live as close as anybody to the composting site, 1
3/4 miles south on WCR 95, approximately two miles southeast, which happens to be
downwind with our prevailing wind out of the northwest. Since the beginning of
composting operations in late 1995-early 19%, we notice the rank odor, especially when
fresh poultry manure is being hauled in. During the summer the flies have increased to
levels several times what they were before the operations went in. We have 4-H steers
and they have a lot more flies on the than before. We also have two children and flies
don't make for better health.
We believe there is a way to properly compost. There are other composting operations
where the flies are kept under control. We are opposed to permitting this operation, but if
a permit is granted we suggest closely regulating the operation, weekly fly spraying,
possibly tarping trucks, and immediate mixing of fresh product rather than leaving it piled
for a month before mixing. Education on proper composting could benefit the operation.
Sincerely,
t 2e eft44 *�
Jim and Kathy Cooksey O
991414
4
April 21, 1998
To Whom It May Concern:
With regard to the application for a composting facility in the W2, Section 2 TIN, R61W
of the 6th PM, Weld County.
The facility has been in existence for nearly two years and the following conditions exist:
1. Foul smelling trucks loaded with chicken manure, dead chickens, live chickens and
cattle manure leaving a trail of flies and odor.
2. An area within a five mile radius of designated site, infested with flies, causing
increased health hazards for the area.
3. Decreased land values due to the non-existent demand for the type of environment
for any kind of human habitation.
If the facility is allowed we believe the facility should be closely monitored and regulated.
We believe the facility should be fenced so the sprawl of the facility can be restricted.
The area should be sprayed weekly from April through October to prevent breeding of
flies. Trucks should be covered to prevent spread of odor, manure and poultry along
pathway to and from facility.
In conclusion we believe, as adjoining land owners and home owners along the route to
the facility, the facility should not be allowed.
Sincerely,
C kse Farms James Coolcsey
Lyl ooksey Trust it; Jerrold Cooksey
91.441,101 GP-eiafy
Pauline Cooksey Jeffrey Cooksey
_& e & Q
Vernon Cooksey A'
981414
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EXHIBIT
HOMESTEAD BIBLE CAMP
43741 HYW 52
Roggen,Colorado 80652
Dear Members of the Weld County Planning Commission,
We at Homestead Bible Camp have had some effects from the
composting of materials about 2 and 1/2 miles east of our camp.
We would like to have some relief from the fly problems
that we have experienced the past couple of summers.
Our camps and major activities are in the summer months
and we have some meals out of doors during that time. The
a:moL.nt of flys have been a problem.
Please consider some means of fly control with your
decisions.
Thank you very much.
Homestead Bible Camp
Director, Robert Korthuis
-1(P€74, C_ r-L11-4...-Z,.
,9 1414
April 21 , 1998 Waft
A9
To the Weld County Planning Commission:
We would like to lodge a firm complaint against the chicken manure compost area located on Highway 52 one-
fourth mile east of Road 93 in Weld County. We live on Road 91 two miles south of Highway 52 and this
business is affecting us very adversely.
The smell from these acres of heaped up chicken manure is absolutely stomach-turning--no one wants to be
outdoors when there is any kind of breeze coming to our farm from a north east direction. But the really
objectionable by-product of all this manure is the horde of flies that travel from it across this otherwise
clean agricultural land. We have lived here for over forty years and never had this kind of large black feed-
lot flies to contend with. Last year during July we had to hire a crop duster to spray our yard with pesticide
to try to control them. It was expensive but we felt that these flies represented a real health hazard.
We ask that the Planning commission listen to our complaint and take steps to rid all of the residents of this
wheat land of this disgusting plague!
Sincerely,
CS.Thre//'.I-2? nedait ddider—
Rodney and Jacqueline Westberg
Westberg & Rosling Farms
2951 WCR 91
Roggen, Colorado 80652
- 1 -
981414
I b0
April 20, 1998
To Weld Co. Planning Commission.
This letter is being presented to you with objection to the
Poultry Waste compost site, which is located in Southeast Weld
County. This location is just off of Highway 52 and a quarter mile
east of WCR 93. This stock-piling of waste is 3.25 miles northeast
of our farm/residence. The odor which is given off from this site is
terrible. These last couple of years, the wind has blown more so
than usual and the smell that comes from this is absolutely
unbearable. We have small children and it is very hard for us to let
them enjoy the outdoors during warm weather when the wind
blows this horrific odor over our farm. Even last year during the
busy harvest season, we had to hire a aerial applicator to spray our
yard for the numerous flies that were in the yard. This lasted only
a few days though as the flies kept moving in from this stock pile
of manure.
I reasonably think that is a health hazard to me and my family
and to all others who live in the general vicinity of this compost
pile and wish that it be stopped immediately. I also wish that the
remains of this manure pile be moved away from here as soon as
possible.
Concerned Citizen,
K nnet R sli
2901 WCR 91
Roggen, CO. 80652
April 20, 1998
981414
EXHIBIT
Rick & Kathy Sirios 3/
6000 WCR 89
Roggen, Colorado 80652
April 21, 1998
Dear Sir:
In regard to the hearing of the compost business that is located
less than a mile from our residence, we wish to protest and ask that
it be shut down.
Mr. Cunning has not followed proper procedure in keeping the manure
piles sprayed for flies or turned properly to eliminate the horrid smell.
Of course, during the hot summer days is when it is the worst. The fly
population has increased around our farm since the compost business has
started. This is very hard on our animals. Most evenings the smell is
so bad we are unable to eat our evening meal - it's odor makes us sick.
We are very concerned it will cause health problems to our family members.
We also feel it devalues our property immencely. No one would want
to live in or near this stink. Mr. Cunning started this business without
contacting us or any other neighbors to let us know of the impact of it.
We contacted him one evening when the smell was so bad. Rick talked with
him and invited him over to experience what we were experiencing. He
refused to comply with our invitation. The business if far enough away from
his home that he doesn't realize how bad it is to live near it.
We are asking the courts to understand the concern we have with the
way this business is ruining our environment around us. Our concern is
for our health and our animals' health, as well as how it makes our area
look.
Thank you for your concern.
Sincerely,
kel ki."(AArtid
Rick Sirios
Kathy Sirios
981414
April 20, 1998 1 w `
TO: Weld County Board of Commissioners
SUBJECT: Use by Special Review Permit(USR1129) for OK Composting, Mr. Orin
Cunning, owner.
Dear Commissioners:
This letter it to inform you of a potentially hazardous composting operation that has been
operated in Weld County for more than 3 years without required permits.
I first started contacting the Weld County Health Department and the Weld County
Planning and Zoning Department in the summer of 1995, regarding nuisance conditions,
(i.e. odor, and fly problems) associated with the unpermitted composting operation. As
months and finally years passed(with my continual and constant communication with
Weld County Health, Planning and Zoning, and County Attorney regarding this matter.) I
became appalled that an operation of this magnitude could continue in our county for
almost 4 years without any provision to protect the health and welfare of our citizens.
County records will show a willful disregard on the part of Orin and Myron Cunnings for
the established procedures relative to the permitting of this composting operation in the
first year it was started. Weld County Planning and Zoning had to send several letters to
Orin Cunning in the summer of 1996, asking him to comply with relative county
ordinances, they even had to threaten"appropriate violation procedures."
Numerous complaints have been received by the Weld County Health Department from
citizens in the area regarding nuisance conditions, such as fly and odor problems over the
past 4 years. Weld County Health has judiciously investigated these complaints over the
years and has found that indeed these nuisance conditions do exist.
Mr. Cunning, through his representative Cal Kuska, has assured the Health Department
that these nuisance conditions have been taken care of. He contributes past odor and fly
problems to equipment breakdown -his equipment was out of commission for only a
short time -this does not account for 4 years of citizen complaints. Mr. Kuska states that
chicken farm operators report a 90% reduction in flies since he has been hauling away
the manure. I just cannot see what this has to do with curtailing the fly population in the
resident homes around the composting site.
Mr. Kuska states that- - - a prudent composting operator would not haul in green manure
when neighbors were in their"backyards barbecuing and hanging out the wash." "A
prudent operator would accomplish these tasks when the temperature is cool and when
neighbors would have their windows closed." This has not been the policy of OK
981414
Composting during the past 4 years. Green manure gets hauled and composting piles get
turned without regard to temperature, wind conditions, time of day, or neighborhood
activities.
Many neighbors have evaporative coolers that must be operated all night long during the
hot summer months. When weather conditions are not ideal,these people have to shut
off their coolers to prevent the composting odors from permeating their homes.
There are many other potentially hazardous problems that could arise in the future should
this operation be permitted.
1. Source materials from the composting operation are already saturated with pesticides
before they are received on the site, and Dibrom 8 emulsive (an extremely hazardous
pesticide,) is sprayed on the piles, according Myron Cunning, sometimes daily.
2. The saturation berm will not contain the occasional 5 inch downpour that occurs.
Horizontal leaching and runoff could be a problem in the future.
3. The soil is such that vertical leaching is highly probable with long-time use of the
site, especially being that the denser soils have been removed in the process of
leveling the composting area. Remaining sandy soils will greatly encourage vertical
leaching of harmful materials into the underground aquifers.
4. Already, it appears the composting operation has grown out of the 30 acre boundary
as set forth in the permit application. I am concerned that if a fence is not setup to
define the boundaries of the site, (if approved,)the operators will expand the site area
even beyond this.
In summary, I am primarily concerned with the potential of this operation to contaminate
the drinking water of our community. Secondly, I am concerned that if this operation is
permitted, every neighbor within a 6 mile radius will suffer a loss of tranquillity, which
we have enjoyed in country living. Property values will undoubtedly decline, and
infectious disease through the proliferation of flies could become a threat to public
health.
Respectively submitted,
Fred C. Becker
43745 Hwy 52
Roggen, Co 80652
PH: 303/849-5234
cc: Weld County Planning and Zoning
Weld County Health Department
Weld Count District Attorney
981414
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3725 Benton Street .L.
Denver,Colorado 80212
March 17, 1998
Weld County Department of Planning Services
Weld County Administrative Offices
1400 N. 17m Avenue
Greeley,Colorado 80631
RE: Case Number USR-1129
Gentlemen:
I am opposed to granting a Site Specific Development Plan and Special Review Permit for an animal waste
and composting facility in the"A"zone district which is adjacent to my property.
I own a piece of land,No. 568H SWHJ W4(461R)and have paid property taxes for low these many years.
I have not asked for any special benefits,nor received any.
I do not think that I deserve a VERY odorous chicken type operation next to my property. During the last
hearing,over my objections,a permit was granted to OK Farms for an egg laying facility. Now they want
to expand the permit to a chicken____waste facility. Thus,my holdings will be surrounded by the
chicken____odor.
Sincerely,
George E. Sigg
GES/bg
•
981414
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