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HomeMy WebLinkAbout972369.tiffHEARING CERTIFICATION DOCKET NO. 97- 45 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF USR #820 FOR A LIVESTOCK CONFINEMENT OPERATION (2,500 -HEAD DAIRY) IN THE A (AGRICULTURAL) ZONE DISTRICT - HUSKER DAIRY A public hearing was conducted on November 5, 1997, at 10:00 a.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, Julie Chester Health Department representative, Trevor Jiricek Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice duly published October 16, 1997, in the South Weld Sun, a Show Cause Hearing was conducted to consider revocation of Special Review Permit #820 for a Livestock Confinement Operation (2,500 -head dairy) in the A (Agricultural) Zone District, currently held by Husker Dairy, % Gene Hoyer, owner, P.O. Box 69, Broken Bow, Nebraska 68822. Lee Morrison, Assistant County Attorney, made this a matter of record. Trevor Jiricek, Health Department, presented a combined recommendation from the Planning and Health Departments for a continuance to sometime May 1, 1998, with the conditions for Board consideration. In response to Commissioner Kirkmeyer, Mr. Jiricek explained the Health Department received the Manure and Process Waste Water Management Plan and comments have been returned to the applicant. Mr. Jiricek added that he received an updated plan, which he needs to review and also noted all outstanding issues concerning the non-commercial junk yard, the unpermitted mobile home, and the building permits which were not finalized have been addressed. Tom Cope, Total Engineering Service, Inc., stated a temporary berm and sprinkler system are now in place and to control run-off water, an earth contractor is scheduled to begin construction of the ponds. He expects construction to be completed by late December, at which time the liners will be ready for testing for permeability. In response to Chair Baxter, Mr. Cope stated he has seen no evidence of run-off into the County borrow ditch since the temporary berm was installed. He stated the project will be completed by February 21, 1998; however, the applicant requests extra time in case of construction delays due to the inclement weather. Gc, : PG; FL5.. 972369 PL0421 HEARING CERTIFICATION - HUSKER DAIRY (USR # 820) PAGE 2 Kent Vance, surrounding property owner, stated he has seen improvement since the last hearing in August, although run-off problems do not normally occur until May. Mr. Vance added that a continuance is a good idea, to allow time for the dairy to continue improvements. Gene Hoyer, owner, stated the dairy has an existing unused pond, to which plumbing has been installed in order to help. Mr. Jiricek emphasized the dairy is using the pond during construction; however, testing is required before permanent use begins. David Dewey, owner of property north of and adjacent to Husker Dairy, stated he has seen a lot of improvements made since the last hearing and feels the dairy deserves a continuance because they have been working to get the place into compliance. In response to Commissioner Kirkmeyer, Julie Chester, Department of Planning Services, verified the violations concerning the Building Code Ordinance have been addressed. Commissioner Kirkmeyer moved to continue the Show Cause Hearing to May 6, 1998, at 10:00 a.m., based on the recommendations of the Health and Planning staff, with three conditions as entered into the record; and the deletion of issue #6 specified on the notice for said hearing dated November 3, 1997. The motion was seconded by Commissioner Harbert, and it carried unanimously. This Certification was approved on the 10th day of November, 1997. ATTEST: / Weld Cou BY: Deputy Cle TAPE #97-27 DOCKET #97-45 APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Geor e r. Baxter, Chair and —c-i2 (.,.e,_2 onstance L. Harbert Dale K. Hall t—- / Barbara J. Kirkmeyer W. H. Webstdr 972369 PL0421 Hello