HomeMy WebLinkAbout972370.tiffHEARING CERTIFICATION
DOCKET NO. 97 - 42
RE: SPECIAL REVIEW PERMIT #1091 - FOR FINAL REVIEW AND APPROVAL OF A
COMPREHENSIVE MANURE RUN-OFF AND PROCESS WASTEWATER HANDLING
PLAN FOR A 2,000 -HEAD DAIRY, A DUST ABATEMENT PLAN, A FLY CONTROL PLAN,
AND AN ODOR ABATEMENT PLAN, ALL OF WHICH SHALL MEET THE
REQUIREMENTS CONCERNING THE HEALTH, SAFETY, AND WELFARE OF THE
NEIGHBORHOOD, INCLUDED IN THE WELD COUNTY ZONING ORDINANCE, AS
FOLLOWS: DESIGN STANDARDS (SECTION 24.5), OPERATION STANDARDS
(SECTION 24.6), AND LIVESTOCK FEEDING PERFORMANCE STANDARDS (SECTION
47) - HIRSCH DAIRY
A public hearing was conducted on November 5, 1997, at 1:30 p.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro -Tern
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 6, 1997, and duly published October 16,
1997, in the South Weld Sun, a public hearing was held to consider the final review and approval
of a comprehensive manure run-off and process waste water handling plan for a 2,000 -head dairy,
a dust abatement plan, a fly control plan, and an odor abatement plan, all of which shall meet the
requirements concerning the health, safety, and welfare of the neighborhood, included in the Weld
County Zoning Ordinance, as follows: Design Standards (Section 24.5), Operation Standards
(Section 24.6), and Livestock Feeding Performance Standards (Section 47 ) for Special Review
Permit #1091 held by the Hirsch Dairy. Lee Morrison, Assistant County Attorney, made this a
matter of record. Trevor Jiricek, Health Department representative, presented a brief summary of
the proposal and entered the favorable recommendation of approval for all four plans into the
record as written, and added that according to a letter from the Colorado Health Department,
marked Exhibit J, the plans as submitted, are in conformance with CAFO.
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John Chilson, Attorney, represented the applicant and stated he had nothing further to present.
He reiterated the County and State Health Departments recommend approval since the plans are
in compliance. In response to Commissioner Kirkmeyer, Mr. Chilson stated that the applicant
agrees with the conditions and is working to bring the dairy into complete compliance.
Jack Coballa, surrounding property owner to the east, stated his concern regarding the new lagoon,
which was located 400 feet from his house. Ken Lind, attorney for Smith Lateral Irrigation
Company, explained the Smith Lateral ditch runs through the dairy, with an easement for a pipeline
which goes through the area where the east lagoon was located. He further explained placement
of the lagoon interrupted the delivery of water service and there is no longer a tile line from the
ditch to the landowners on the east. Mr. Lind also represented Woodlake Mutual Water and
Irrigation Company. He submitted a copy of the decrees of said company, a contour map of the
area, and pictures of manure piles from Hirsch Dairy, Exhibits K, L, M1, 2, and 3, respectively. Mr.
Lind further stated the concerns of his clients regarding waste water run-off from the manure piles
seeping into the water system and said this is a violation of the Zoning Ordinance, Section 47.1.
Mr. Lind also presented a letter dated June 14, 1984, from Lee Morrison, Exhibit N. Mr. Morrison
stated he cannot recall the circumstances requiring the letter, and indicated the Board should weigh
its value. Mr. Morrison verified the amended Zoning Ordinance was adopted and became effective
October 31, 1997. Discussion ensued regarding manure which is moved off the USR site and
whether it can be regulated or subject to CAFO, since it becomes the responsibility of the land
owner where the manure is being stored.
Dan Rau, surrounding property owner, stated concerns regarding manure trucks speeding on the
road in front of his home, and his easement through the dairy which was ignored by the applicant
in the placement of the new lagoon. Don Carroll, Public Works Department, stated a traffic count
at the entrances to the dairy indicated most traffic goes west from the dairy. In response to Chair
Baxter, Mr. Hodges explained that although Condition of Approval #3 provides for replacement of
the culvert, because of its collapse, Public Works has already replace it. Mr. Carroll verified the
applicant will be billed for the culvert.
Tom Hellerich, attorney for several surrounding property owners, focused his remarks on the
changes that have occurred in the plan since submittal of the original permit. Commissioner
Kirkmeyer explained the resolution approving the Use by Special Review did not include the plan,
but set this hearing to consider approval of the plan. The plan addresses conditions in the
resolution; however, there is no change to the plan, since this is the first plan to be considered for
approval. Mr. Morrison questioned whether the plan is consistent with the original permit, to which
Commissioner Kirkmeyer responded that it is consistent because the Board required the applicant
to submit a plan, giving no specifics other than it comply with County and State regulations. Mr.
Jiricek agreed the original permit might have only been for 800 cows; however, the plans were
adapted for 2,000 cows for future growth, while still being in compliance with the current herd. Mr.
Hellerich submitted a photo, Exhibit O, and reiterated there are many voids in the plan, a new
lagoon was opened without concern for abutting property owners, manure is being stored off -site
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and is being surface applied, and notice was not given to the Town of Severance, a new
surrounding property owner.
(A five-minute recess was taken.)
Upon reconvening, Tom Hellerich introduced Forest Leaf, Leaf Engineering, who presented specific
concerns regarding the Paragon report. Mr. Leaf presented his report, Exhibit P, and displayed
overheads, Exhibits Q1 -Q15, explaining his findings and concerns based on the plan the applicant
submitted. Mr. Leaf added the engineered plans are satisfactory; however, they are not being
followed. Mr. Leaf presented a photo of the #5 retention pond, Exhibit R, and stated he has
sampled water from a drain tile at the exit of the dairy on Weld County Road 23 for the last two
years. His sample in 1996 showed 7.5 mg per liter for nitrates, in 1997 the number increased to
12.2. In response to Commissioner Webster, Mr. Leaf stated his personal goal is not to shut down
any large animal operation to prevent water problems, but simply to try and keep them under
control by forcing them to follow specific guidelines. In response to Commissioner Harbert, Mr.
Jiricek explained CAFO monitors seepage rates; however, when a violation occurs, the operator
must provide evidence of improvement. Mr. Hellerich summarized his concerns regarding the
depth, size and quality of the lagoons, off -site storage, pads under the manure piles, contamination
to the water supply which is presently occurring, linings on the ponds, damage to the underlying
aquifer, and testing requirements.
Mr. Chilson asked the Board to decide on whether they were going to base their decision on Mr.
Leafs pollution reports; if so, he requested a continuance to allow him time to respond to Mr. Leafs
report, since he had an engagement in Boulder requiring his attendance. Responding to
Commissioner Webster's suggestion that staff hear the applicant's rebuttal, Commissioner
Kirkmeyer stated the hearing should be kept public and she expects to hear the applicant's rebuttal.
Victor Sainz, Colorado Health Department representative, stated he would also need time to review
Mr. Leaf's report and either he or the State CAFO expert will attend the next hearing.
Commissioner Kirkmeyer moved to approve the Dust Abatement, Fly Control, and Odor Abatement
Plans for USR #1091, based on the recommendations of the Planning and Health staff; and to
continue the Comprehensive Manure Run-off and Process Waste Water Handling Plan to
November 19, 1997, at 10:00 a.m. The motion was seconded by Commissioner Webster, and it
carried unanimously.
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HEARING CERTIFICATION - FINAL PLANS FOR HIRSCH DAIRY (USR #1091)
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This Certification was approved on the 10th of November, 1997.
APPROVED:
ATTES �7 G BOARD OF COUNTY COMMISSIONERS
WELD QOUNTY, COLQRADO
TAPE #97-27 and #97-28
DOCKET #97-42
Barbara J. Kirkmeyer
972370
PL1059
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 5th DAY OF NOVEMBER, 1997:
DOCKET #97-42 - HIRSCH DAIRY
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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