HomeMy WebLinkAbout971731.tiffRESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL
REVIEW PERMIT #820 - HUSKER DAIRY, INC., CIO GENE HOVER, OWNER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on the 13th day of August, 1997, a Probable Cause Hearing was held
before the Board to consider setting a Show Cause Hearing to determine whether or not Husker
Dairy, Inc., do Gene Hoyer, Owner, P.O. Box 69, Broken Bow, Nebraska 68822, was in
compliance with certain Conditions of Approval and Development Standards contained in
Special Review Permit #820 for a Livestock Confinement Operation (2,500 -Head Dairy) in the A
(Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as
Lot B of Amended Recorded Exemption #655, being further described as part of the SW% of
Section 15, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, after hearing testimony from the Departments of Health and Planning
Services, the Board finds that pursuant to the procedure as set forth in the Weld County
Administrative Manual there is sufficient probable cause to schedule a Show Cause Hearing to
consider whether or not said Special Review Permit should be revoked for failure to comply with
certain Conditions of Approval and Development Standards contained in Special Review Permit
#820 for a Livestock Confinement Operation (2,500 -Head Dairy) in the A (Agricultural) Zone
District, and
WHEREAS, the Board shall hear evidence and testimony from all interested parties at
said Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not
Special Review Permit #820 issued to Husker Dairy, Inc., Gene Hoyer, Owner, should be
revoked.
BE IT FURTHER RESOLVED by the Board that the date for said Show Cause Hearing
shall be November 5, 1997, at or about 10:00 a.m., in the First Floor Hearing Room of the Weld
County Centennial Center, 915 10th Street, Greeley, Colorado.
971731
PL0421
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SET SHOW CAUSE - HUSKER DAIRY, INC., GENE HOYER, OWNER
PAGE 2
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said
Show Cause Hearing is whether or not the permit holder is in compliance with the following
Conditions of Approval and Development Standards:
1. Development Standard #2: The applicant shall be responsible for implementing
and maintaining the runoff retention and containment facilities in accordance with
the engineered report as approved by the Weld County Health Department and
the Colorado Department of Health, Water Quality Control Division. The runoff
containment shall be separate from the waste water disposal system, and the
facilities shall be constructed and maintained in accordance with the State Health
Department's Guidelines for Design of Feedlot Runoff Containment Facilities and
standards stated herein. The applicant shall be responsible for any additional
requirements issued by the Colorado Department of Health, Water Quality
Control Division.
The current owners of the property are not implementing and maintaining the
runoff retention and containment facilities as stated above.
2. Development Standard #3: Land application of wastewater from the retention
basis shall be onto farm land for irrigation and not discharged into State waters.
The wastewater is currently leaving the site and running into ditches and onto
adjacent properties.
3. Development Standard #4: All storm water and dairy operation runoff from the
portion of the site which includes the house, barns, livestock pens, feed storage
area, and labor housing shall be controlled and confined within the boundaries of
the subject property. This Standard shall not apply to the portion of the site which
will be used for pasture and crop land.
All storm water and dairy operation runoff from the site is not being controlled
and confined within the boundaries of the subject property.
4. Development Standard #5: The applicant shall comply with all State Health
Department requirements for construction and operation of a dairy.
The property is not in compliance with all State Health Department requirements
for construction and operation of a dairy.
971731
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SET SHOW CAUSE - HUSKER DAIRY, INC., GENE HOYER, OWNER
PAGE 3
5. Development Standard #6: The applicant shall remove, handle, and stockpile
manure from the livestock confinement area in a manner that will prevent
nuisance conditions. The manure piles shall not be allowed to exist or deteriorate
to a condition that facilitates excessive odors, flies or insect pests, or pollutant
runoff. The manure storage site shall have a water -tight surface which does not
permit seepage or percolation of manure pollutants into the ground.
The removal, handling, and stockpiling of manure has caused a nuisance
condition because of the pollutant runoff onto adjacent properties.
6. Development Standard #16: All construction on the property shall be in
accordance with the requirements of the Weld County Building Code Ordinance.
There is a second mobile home on the property without the appropriate building
permits and there is a permit (BP #41021) that has not been finaled. Both
homes on the property are in a state of disrepair. Some inspections have been
done on the building permit for the milk barn. The final electrical has been
approved; however, there were corrections to be made for the final plumbing
inspection and final approval.
7. Development Standard #17. The property owner or operator shall be responsible
for complying with the Design Standards of Section 24.5 of the Weld County
Zoning Ordinance.
The property is not in compliance with the Design Standards for the Special
Review Permit.
8. Development Standard #18: The property owner or operator shall be responsible
for complying with the Operation Standards of Section 24.6 of the Weld County
Zoning Ordinance.
The property is not in compliance with the Operation Standards for the Special
Review Permit.
9. Development Standard #19: The property owner or operator shall be responsible
for complying with the Supplementary Regulations of Section 45.1 of the Weld
County Zoning Ordinance.
The property is not in compliance with the Supplementary Regulations for the
Special Review Permit.
971731
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SET SHOW CAUSE - HUSKER DAIRY, INC., GENE HOYER, OWNER
PAGE 4
10. Development Standard #22: The property owner or operator shall be responsible
for complying with all of the foregoing Standards. Non-compliance with any of the
foregoing Standards may be reasons for revocation of the permit by the Board of
County Commissioners.
It has been observed by the Weld County Planning Department and the Weld
County Health Department that the property is not in compliance with ten
Development Standards for USR #820. The inspections have shown that there
are problems with containment of wastewater and disposal of manure, structures
on the property without the appropriate permits and a noncommercial junkyard
located on the property. The current property owner is not in compliance with
Development Standards #2 through #6, #16 through #19, and #22.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of August, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED DATE OF SIGNING (AYE)
George E. Baxter, Chair eo
Constance L. Harbert, Pro-Tem
Depu '�"� �� Board EXCUSED
APPROVED AS TO FORM:
ounty Attar ey
D K.H II
CUSED DATE OF GNING (AYE)
Barbara J. Kirkmeyer
W. H. Webster
971731
PL0421
INSPECTION REPORT
NAME: Husker Dairy Inc. do Rick Hawley
P.O. Box 69
Broken Bow, NE 68822
LEGAL DESCRIPTION: SW4 of Section 15, Township 6N, Range 64W, Exc beg SW cor of Sec
thence N01 D12'E 378.93' N88D45'E 524.66' S391.52' N89D51'W 525.96' to beg Lot B amended
Rec Exemption RE -655, Exc UPRR REs, Weld County, Colorado
CASE NUMBER: VI -9700096, USR-820, ZCH97-002
DATE: August 11, 1997
The property was reinspected to determine progress in bringing the property into compliance with
the Weld County Zoning Ordinance and the Development Standards of USR-820. There is still a
problem with waste water discharge and manure contaminated water running off site in violation
of Confined Animal Feeding Operation Control Regulation ((CAFO Regulations)(5 CCR 1002-19))
and with the Development Standards of the Special Review Permit. There were also two derelict
vehicles, car parts and other miscellaneous junk constituting a noncommercial junkyard. There is
still a mobile home located on the property without a building permit and the building permit for the
milk barn has not been finaled. Both homes on the property appear to be in states of disrepair.
Site Specific Development Plan and Special Review Permit #820 is for a 2,500 Head Dairy and had
specific Development Standards for the operation of the facility. The current uses are not in
compliance with Development Standards #2, 3, 4, 5, 6, 16, 17, 18, 19 and 22 as listed below and
of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance and Section 70 of the Weld
County Building Code Ordinance.
2. The applicant shall be responsible for implementing and maintaining the runoff retention and
containment facilities in accordance with the engineered report as approved by the Weld County
Health Department and the Colorado Department of Health, Water Quality Control Division. The
runoff containment shall be separate from the waste water disposal system, and the facilities shall
be constructed and maintained in accordance with the State Health Department's Guidelines for
Design of Feedlot Runoff Containment Facilities and standards stated herein. The applicant shall
be responsible for any additional requirements issued by the Colorado Department of Health, Water
Quality Control Division.
The current owners of the property are not implementing and maintaining the runoff retention and
containment facilities as stated above.
3. Land application of wastewater from the retention basins shall be onto farm land for irrigation
and not discharge into State waters.
The wastewater is currently leaving the site and running into ditches and onto adjacent properties.
4. All storm water and dairy operation runoff from the portion of the site which includes the house,
barns, livestock pens, feed storage area, and labor housing shall be controlled and confined within
the boundaries of the subject property. This Standard shall not apply to the portion of the site
which will be used for pasture and crop land.
All storm water and dairy operation runoff from the site is not being controlled and confined within
the boundaries of the subject property.
5. The applicant shall comply with all State Health Department requirements for construction and
operation of a dairy.
The property is not in compliance with all State Health Department requirements for construction
and operation of a dairy.
6. The applicant shall remove, handle, and stockpile manure from the livestock confinement area
in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist
or deteriorate to a condition that facilitates excessive odors, flies or insect pests, or pollutant runoff.
The manure storage site shall have a water -tight surface which does not permit seepage or
percolation of manure pollutants into the ground.
The removal, handling, and stockpiling of manure has caused a nuisance condition because of the
pollutant runoff on adjacent properties.
16. All construction on the property shall be in accordance with the requirements of the Weld
County Building Code Ordinance.
There is a second mobile home on the property without the appropriate Building Permits and there
is a permit (BP -41021) that has not been finaled. The condition of both homes on the property are
in states of disrepair. Some inspections have been done on the building permit for the milk barn.
The final electrical has been approved, however there were corrections to be made for the final
plumbing inspection and final approval.
17. The property owner or operator shall be responsible for complying with the Design Standards
of Section 24.5 of the Weld County Zoning Ordinance.
The property is not in compliance with the Design Standards for the Special Review Permit.
18. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
The property is not in compliance with the Operation Standards for the Special Review Permit.
19. The property owner or operator shall be responsible for complying with the Supplementary
Regulations of Section 45.1 of the Weld County Zoning Ordinance.
The property is not in compliance with the Supplementary Regulations for the Special Review
Permit.
22. The property owner or operator shall be responsible for complying with all of the foregoing
Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of
the permit by the Board of County Commissioners.
It has been observed by the Weld County Planning Department and the Weld County Health
Department that the property is not in compliance with ten Development Standards for USR-820.
The inspections have shown that there are problems with containment of wastewater and disposal
of manure, structures on the property without the appropriate permits and a noncommercial
junkyard located on the property. The current property owner is not in compliance with
Development Standards 2, 3, 4, 5, 6, 16, 17, 18, 19 and 22.
Julie Chester
Zoning Compliance Officer
pc: VI -9700096, USR-820, ZCH97-002
Monica Daniels -Mika, Director Department of Planning Services
Trevor Jiricek, Weld County Health Department
DATE: July 30, 1997
VIOLATION NUMBER: VI -9700096, USR-820, ZCH97-002
NAME: Husker Dairy, Gene Hoyer, Owner and Rick Hawley, Manager
ADDRESS: 33440 WCR 55, Kersey, CO 80644
LEGAL DESCRIPTION: SW4 of Section 15, Township 6N, Range 64W, Exc Beg SW cor of Sec
thence N01 D12'E 378.93' N88D45'E 524.66' S391.52' N89D51'W 525.96' to beg Lot B Amended
Rec Exemption RE -655 Exc UPRR Res, Weld County, Colorado
PARCEL NUMBER: 080115000054
CASE SUMMARY:
May 28, 1997 Initial complaint received and referred to Julie Chester, Zoning Compliance
Officer.
May 25, 1997 Initial inspection of property by the Weld County Health Department.
Property is not in compliance.
May 28, 1997 Letter sent to Husker Dairy from Trevor Jiricek, Weld County Health
Department.
June 5, 1997 Initial inspection of property by Julie Chester, Weld County Zoning
Compliance Officer. Property is not in compliance.
June 9, 1997 Letter sent to Husker Dairy from Department of Planning Services regarding
violations of the Special Review Permit (USR-820).
June 9, 1997 Fax sent from Julie Chester, Department of Planning to Trevor Jiricek, Weld
County Health Department.
June 10, 1997 Letter sent to Husker Dairy from Trevor Jiricek, Weld County Health
Department.
June 10, 1997 Telephone conversation between Julie Chester and Gene Hoyer.
June 13, 1997 Meeting with Julie Chester, Gloria Dunn, Ed Stoner, Trevor Jiricek, Gene
Hoyer and Rick Hawley at Department of Planning Services.
June 17, 1997 Letter sent to Husker Dairy regarding a time frame to bring the property into
compliance.
June 17, 1997 Letter received from Kent and Cindy Vance, adjacent property owners to
Husker Dairy.
June 18, 1997 Fax sent to Trevor Jiricek from Julie Chester.
June 20, 1997 Letter received from Rick Hawley, General Manager of Husker Dairy.
June 24, 1997 Fax sent to Trevor Jiricek from Julie Chester.
July 17, 1997 Telephone conversation with Gene Hoyer.
July 17, 1997 E-mail from Trevor Jiricek to Julie Chester.
July 23, 1997 Telephone conversation with Cindy Vance complaining about runoff problems
from Husker Dairy.
July 28, 1997 Telephone conversation with Gene Hoyer.
July 28, 1997 Letter sent to Husker Dairy informing them that the case will scheduled for
a Probable Cause Hearing with the Board of County Commissioners.
Atr.
#11111D 0
COLORADO
MEMORANDUM
TO: Weld County Commissioners
DATE: Ast 11, 1997
1\
ti
FROM: Trevor Jiricek, Health Departme
SUBJECT: Husker Dairy, Case Summary
The following is a chronological summary of the major events and correspondence between the
Health Department and the Husker Dairy. I have also provided a summary of the violations of
the Confined Animal Feeding Operation Control Regulations (5 CCR-19). The summaries are as
follows:
May 29, 1996
May 25, 1997
June 8 & 9, 1997
In response to a complaint from the Weld County Road and Bridge
Department concerning a discharge from the Husker Dairy the Weld
County Health Department (WCHD) inspected the site. The inspection
revealed that an apparent discharge of manure contaminated water had
occurred. As a result, the WCHD advised the site operator, Rick Hawley,
in a letter (attached) dated May 29, 1996, that the site may not be in
compliance with the CAFO Regulations and that the operator should
review the facility's manure and waste water management plan.
In response to a complaint concerning a discharge from the site the
WCHD inspected the site and interviewed the site operator, Rick Hawley.
As a result, we advised the site operator, Rick Hawley, in a letter
(attached) dated May 28, 1997, that the site was in violation of CAFO.
The letter requested that within 30 days a plan of correction and a manure
and waste water management plan be submitted to the WCHD.
On both of these dates, in response to complaints concerning a discharge
from the site the WCHD inspected the site. The inspection revealed that
the facility was discharging manure contaminated process waste water
from the site. This was confirmed by the collection and analysis of
samples on both of these dates. The WCHD advised Rick Hawley and
Gene Hoyer, in a letter (attached) dated June 10, 1997, that the site
continued to operate in violation of the CAFO Regulations. We again
requested a manure and waste water management plan and indicated that
we would not provide an extension to the previous request of May 28,
1997.
Husker Dairy
Case Summary
August 11, 1997
Page 2
June 13, 1997
August 1, 1997
Julie Chester and I met with Rick Hawley and Gene Hoyer concerning the
violations at the Dairy. We agreed upon a time table to address items of
non-compliance at the dairy. The time table was summarized in a letter
(attached) dated June 17, 1997.
I met with Gene Hoyer and Tom Cope of Total Engineering. According to
Mr. Hoyer he had hired Mr. Cope to do the engineering at the site. We
discussed the requirements of CAFO. Mr. Hoyer indicated that he will
come prepared to the probable cause hearing with a reasonable time line.
Summary of the violations of the Confined Animal Feeding Operations Control (CAFO)
Regulations:
The facility has discharged manure contaminated effluent to waters of the state. This is a
violation of Section 4.8.3(A) of CAFO.
The facility does not have appropriately sized waste water retention structures. This is
evidenced by the continued discharge of manure contaminated process waste water. This is
a violation of Section 4.8.3 (B)(2) of CAFO.
The facility does not determine if manure and waste water are applied at agronomic rates,
nor does it maintain records of the land application of manure or process waste water. This
is a violation of Section 4.8.5(A)(5) of CAFO.
The facility does not maintain 2 feet of free board in the retention structures. This is a
violation of Section 4.8.3(C)(1) of CAFO.
The facility does not provide waste water containment or conveyance structures for the pens
on the north side of the facility, thus allowing discharge of manure contaminated water.
This is a violation of Section 4.8.4(D)(1) of CAFO.
The facility does not maintain the conveyance structures in order to allow process water to
flow into the retention structures. They have been observed full of manure and sediment.
This results in the discharge of manure contaminated waste water. This is a violation of
Section 4.8.4(D)(1) of CAFO.
The facility does not provide tailwater facilities to retain excess waste water when flood
irrigating. This is a violation of Section 4.8.5(A)(2) of CAFO.
Husker Dairy
Case Summary
August 11, 1997
Page 3
Summary of the summaries:
We advised the facility in May 1996 of potential problems. We have since requested the
facility's manure and waste water management plan and compliance time line in two separate
letters. We have met with the facility operator and owner and established deadlines for the
submittal of these same documents. The facility has not complied with any of our letters or the
mutually agreed upon time line. To date, we have not received a compliance time line or a
manure and waste water management plan.
We continue to receive complaints concerning discharges from this facility. The facility
continues to operate in violation of development standards 1, 2, 3, and 4 of USR-820 and the
Confined Animal Feeding Operation Control Regulations.
tjA804
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COLORADO
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
FAX (303) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. I7TH AVENUE
GREELEY, COLORADO 80631
July 28, 1997
Husker Dairy, Attn: Rick Hawley
506 16th Street, Apartment 3A
Greeley, CO, 80631
Subject: ZCH97-002
Dear Mr. Hawley and Mr. Hoyer:
Notice is hereby given that on August 13, 1997, at 9:00 a.m., or as soon thereafter as the agenda of the Board
of County Commissioners permits, the Board of County Commissioners of Weld County will hold a
Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting
will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 Tenth Street,
Greeley, Colorado.
The purpose of this public hearing will be to review case number ZCH97-002, for compliance with the
Development Standards as approved by the Board of County Commissioners on April 1, 1988, to determine
if probable cause exists to hold a hearing on revocation of USR-820.
Inspection by representatives of the Department of Planning Services and the Weld County Health
Department have identified that you are not in compliance with Development Standards 2, 3,4, 5, 6, 16, 17,
18, 19 and 22 of USR-820.
If it is determined at the public hearing that there is probable cause that you are not in compliance with the
Development Standards, the Board of County Commissioners will schedule a Show Cause public hearing
to consider revocation of the Use by Special Review permit. If you have any questions regarding this matter,
please give me a call.
Sincerely,
Julie Chester
Zoning Compliance Officer
pc: VI -9700096, USR-820
Trevor Jiricek, Supervisor, Environmental Protection Services
Todd Hodges, Current Planner II
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