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Home My WebLink About981205.tiff DEPARTMENT OF HEALTH olitt. 1517 16TH AVENUE COURT GREELEY, COLORADO 80632 ' ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 Co COMMUNITY HEALTH (9970) 353-0639 FAX: (970) 356-4966 COLORADO June 23, 1998 Kenneth F. Lind Lind, Lawrence & Ottenhoff, LLP 1011 11th Avenue P.O. Box 326 Greeley, Colorado 80631 Dear Mr. Lind: I received your letter dated May 14, 1998. I hope this time I can answer your questions in a way that is more clear to you. I will respond to your three assumptions and also provide copies of all correspondence that may be directly or indirectly related to your past inquiries regarding complaints against Hirsch Dairy. Your assumptions and my responses follow: 1. The Weld County Department of Health cannot or will not promptly respond to odor complaints and perform the necessary inspection. The Weld County Health Department has and will continue to provide a prompt response to odor complaints and perform any necessary inspections. All complaints have been investigated by Division staff who are certified by the Colorado Department of Public Health and Environment to measure odor intensity, Odor intensity downwind from Hirsch Dairy varies from less than 2:1 to less than 15:1 dilutions/threshold as measured with a scentometer. These levels conform with the residential standards in Regulation No. 2 of the Air Quality Control Commission Regulations. This has been a consistent finding in these complaint investigations. The Division does not anticipate that under current conditions that an odor nuisance will exist at Hirsch Dairy. The Division will continue to monitor changes in conditions which aggravate odor production particularly meteorological changes. If there are significant changes in such conditions, the Division will respond to odor complaints. You will find copies of letters sent to H. F. Lind and Jack Cabala explaining this on April 15, 1998. 2. The Weld County Department of Health cannot or will not keep a log containing dates and times when complaints are received and dates and times when the Health Department responds to the complaint. My letter to you dated March 6, 1998, explains how complaints are logged. In addition, specific dates were provided from our log book as you requested. However, for your benefit, I have enclosed copies from the log book where actual complaints against Hirsch Dairy were recorded. 981205 eaybacyyj arid( Kenneth F. Lind June 23, 1998 Page 2 3. The Weld County Health Department is unable or unwilling to enforce applicable Development Standards for the subject USR. The Weld County Health Department is able and willing to enforce applicable Development Standards for the subject USR where violations of such standards have occurred. I hope these statements and the enclosed materials are helpful to you. I erred by not immediately directing you to our established process for receiving the type of information you requested. I underestimated my own ability to anticipate the detail you required by attempting to research your questions and provide my own response. To better provide thorough access to information in our files in the future, I would like to remind you of our file access policy. To receive access to the Complaint Log Book, Complaint Forms, and documents in any of our files, inquirers must fill out a File Access Form. The Division has up to three days to locate and assure the completeness of the files for your review. You must make an appointment with an Office Technician to be available while you view the file to assure the integrity of the file is maintained. The first fifteen (15) minutes of file access is free. Sessions in excess of fifteen minutes will cost the inquirer $15.00 per hour. Copying service is available at ten cents per copy. In the future, please use this procedure to receive information from our files, This is the best way to assure that you will receive the specific information you need the first time you request it. Sincerely, 'Jeffrey L. Stoll, MPH Division Director my-19-1998 15 28 P.01 • FAX RA S ISSION WELD OUNTV H ALTH EPARTMENT 1517 I6TH AVERVE 1iRr EL OREEr, aq 31 1 701 353-00 5, , 2229 FAX: (970 3564 66 • • To: ;Vicki Sprague I Date: May 19, 1998 Fax#: 352-0242 Pages: . 4, including this cover sheet. From: Jeffrey L. Stoll,MPH Subject: 1Ken Lind Letters • ,COMMENTS: • Here are theresponses I sent to K Lind on M eh.6, 1 98 and a letter that I sent to H.F. Lind and Jack Cabala on April 15, 1998. The letter H.F. L d and Cabala was a follow-up to recent complaints. After numerous imm fate respon to eo ` plaints in the area I wrote the April 15 letter. Everytime the odors were be ow state re 'dential limits and we determined that current conditions were not conducive to odor nuis a sta We will be.surveying the site when meteorlogical conditions change: a Rain after hot w er streak,sharp variations in daytime and eveninjtemperatures,etc Le me know hat els we should do. Perhaps, I could send Ken Linda Copy of my letter to his . In addition,Mr. Lind is aware of o policy for cess` information on file. He has used it in preparing for the Hirsch hearings in the past. Pe ple wi to access information from our files are required+to fill out a form req ring access spear ed information. They can then view the file or log books and collect all info tion an detail t they desire. • •• I • • • • • • ylllo5 LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW I n COL' _, THE LAW BUILDING rl- !: > I I 1011 ELEVENTH AVENUE - - P.O.BOX 326 GREELEY,COLORADO 80632 fir '� GEORGE H.OITENHOFF J TELEPHONE KENNETH P.LIND (970)353-2323 KIM R.LAWRENCE uLER,'; (970)356-9160 TO l) H_� TELECOPIER JEFFREY R.BURNS (970)356-1111 May 14, 1998 Department of Health 1517 16th Avenue Court Greeley, CO 80631 Attention: Jeff Stoll, M.P.H. Re: Odor Inspections Dear Mr. Stoll: Enclosed please find copies of my letters dated March 25 and April 20, 1998. We have received no response to either letter. Due to the fact that we have received no response, we have no choice but to presume the following: 1. The Weld County Department of Health cannot or will not promptly respond to odor complaints and perform the necessary inspection; 2. The Weld County Department of Health cannot or will not keep a log containing dates and times when complaints are received and dates and times when the Health Department responds to the complaint; 3. The Weld County Health Department is unable or unwilling to enforce applicable Development Standards for the subject USR. Please make this letter a part of your permanent record in this USR. Very truly yours, LIND, LAWR NC TTENHOFF LLP Kenn . nd KFUcg pc: John Pickle, Director Lee Morrison, Weld County Assistant Attorney William Webster, County Commissioner F:\KFL\LIND\STOLL2.LTR -aidtWait 9g/dos LIND, LAWRENCE & OTTENHOFF, LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY.COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (970)353-2323 KIM R.LAWRENCE (970)356-9160 TELECOPIER JEFFREY R.BURNS (970)356-1111 April 20, 1998 Department of Health 1517 16`h Avenue Court Greeley, CO 80631 Attention: Jeff Stoll, M.P.H. Re: Odor Inspections Dear Mr. Stoll: Enclosed is a copy of my letter dated March 25, 1998. My files do not indicate that we have received a response. I await your immediate response. Very truly yours,iLIND, LA ENCE OTTENHOFF Kenneth F. inf KFL/cg i Enclosure pc: John Pickle, Director • F:\KFL\LI N D1STO LL3.LTR LIND, LAWRENCE & OTTENHOFF, LLP C O ? 1f ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY.COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (970)353-2323 KIM R.LAWRENCE (970)356-9160 TELECOPIER JEFFREY R.BURNS (970)356-1111 March 25, 1998 Department of Health 1517 16' Avenue Court Greeley, CO 80631 Attention: Jeff Stoll, M.P.H. Re: Odor Inspections Dear Mr. Stoll: We are in receipt of your letter dated March 6, 1998. Thank you for providing the correct calling information. However, your March 6" letter was basically non-responsive to my letter of February 27, 1998. I would request a response to the following questions and concerns: 1. Please provide to me assurances that the Department of Health will promptly respond to odor complaints and perform the necessary inspection; 2. You have not indicated that the Health Department will keep a log containing dates and times when complaints are received and dates and times when the Health Department responds to the Complaint (in your letter of March 5, 1998 you indicate that you did review the complaint log for the month of February, however, you did not provide to me the dates and times of the complaint and dates and times of the response); 3. Is the Health Department able or willing to enforce the applicable Development Standards for this USR? I look forward to your response. Very truly yours, LIND, LAWRE & OTTENHOFF / A-- Kenneth F. ind KFL./cg • F:\KFLWNO\STOLL2.LTR P.02 I 6 tfli • DEPARTMENT OF HEALTH • 1517 16TH AVENUE COURT GREELEY, CO 80631 t , ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970)353-0635 :COMMUNITY HEALTH (970) 353-0639 "OP isDO. • FAX (970) 356-4966 I . • March 6, 1998 • • i Kenneth F. Lind tind,iLawrence& Ottenho LLP .1.01111th Avenue P.O. Box 326 • Greeley, Colorado 80631 • Dear Mr.Lind: Ili : : you for your letter of February 27 1998. ou were disappointed with our response to complaints at Hirsch Dairy ' g th month of February. I reviewed our • Complaint Log for the month of Febru .A se of complaints were recorded on the answering machine by an individual on the wee d of February 14 through 17 (Presidents' Day Weekend).!Another complaint as registered by the same individual on February 24, 1998. All con faints were inves •' ted as soon as staff received them and none were of sufficient inte ity to be co idere 'a nuisance. I agree that there are many ti e-sensitiv variabl :s that cause odors to fluctuate in intensity from one moment t the next. a appr ciate every effort that complainants make;to assist us in shorten g that resp a tini . Perhaps,we did not clearly state in our letter, dated October 16, 997,that e are av 'fable on weekends to respond to complaints if the on-call specialist is pa d. The same number that the complainant has been calling to leave a recd ed message gives; e on-call pager number twice. To help you help us,I have provided tailed ste s to fol ow in order to successfully contact our on-call specialist after hours d weeken s. 1 Dial 353-0635 to reach the Envir amen' Protection Services Division. Have a pencil and paper read. • 2L Listen to the entire answer message for t e on-call specialist's pager number. It is repeated twice for yornr convenience. Th 'number will always begin with 681. • 3'. You can leave a message after th promp This would be optional if you are intending to call the en-call spec' ist. 9 iaOC P.N3 Kenneth F. Lind Lind,La{vrence& Ottenhoff, L IP Page 2 4: Dial the pager numb . The pag servi will answer with"You have reached an Action Page digital p er. Pleas touch;t ne in your telephone number at the ' sound of the tone." er the ton e, dial - the number where the specialist can reach you. 5 The on-call specialist will call yol back soon as possible to record your complaint and provid the necess ry resp nse. I hope these instructions will elp reduce any iety over using our on-call paging system. Please call me at 35 -0635,Ext.2229 i you continue to have difficulty after following these instructions. Sincerely, Jeffrey L. Stoll,MPH Division Director JLS/]IS Enclosure cc: j John Pickle, Director Board of County Co sioners Thomas E.Hellerich, q. Lind Farms,Inc. Dan Rauh Jack Cabala Richard Nashland Gene Habrock Cf VthMR\UND.WPD P.04 fttlip„,47DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 ADMINISRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 • COLO ADO COMMUNITY HEALTH (970) 353-0639 I i • FAX (970) 356-4966 April j15, 1998 - Hp.Lind 38241 WCR 23 Eaton;Colorado 80615' i Dear Mr.Lind: • I am Writing to you regarding n erous compl ' cone • ing odors from Hirsch Dairy located on 11283 *4..78. The Division has- igared those mplai and found that the odors are currently at levels which,are not at nuisance levels. I complain have be investigated by Division staff who are certified by the Colorado Department of P blic Health and Enviro ent to measure odor intensity. Odor intensity downwind front Hirsch dairy vari s from less th 2:1 to Ass than 15:1 dilutions/threshold as measured with a scentameter. These levels nform with to resit' tial standards in Regulation No.2 of the Air .Quality Control Commission Re lotions. This as beep consistent finding in these complaints. • The Division asks that you keep is in mind as lrou mak observations in the future. The Division does not anticipate that under current c nditions that n odor n ' ance will exist at Hirsch Dairy. The Division will continue to monitor changes conditions hick a vete odor production particularly nieteoiological changes. If there e significant hanges ip such conditions,the Division will respond to odor complaints. if you detect a atic incre a in odot.intensity,please report it m the Division and we will determine whether an site inv 'gation is n cessary assure you that the Division,pursuant to zoning ordinances and permits,will prov e appropriate follow-u on nuisance odors especially those which exceed normal levels for agricultu operations in agrice rally-zoned areas. Sincerely, ,c.if.t...„, ? . . • Jeffrey L.Stoll,MPH Division Director TLS/K:\ENVPRO\WPFILE,4UL•TFHFT _WPD TOTAL P.04 DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 DeADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 • April 14, 1998 • Jacob Hirsch Hirsch Dairy 11283 Weld County Road 78 Eaton, Colorado 80615 Dear Mr. Hirsch: • The Weld County Health Department (the Department) has reviewed the February 26, 1998, document submitted by Paragon Consulting Group on behalf of the Hirsch Dairy. The purpose of the document was to provide information on the completion of improvements made at the Hirsch Dairy in association with the facility's manure and waste water management plan and Weld County USR-1091. As you are aware, on March 30, 1998, Victor Sainz (Colorado Department of Public Health and Environment) and I observed the improvements described in this document. The Department has also reviewed Mr. Sainz's letter dated April 6, 1998, concerning this document. Based upon information provided in this document, it appears that the manure storage area and the east runoff containment pond have been constructed in substantial conformance with the Confined Animal Feeding Operation Control Regulations and the Development Standards in USR-1091. However, the Department has two concerns in regard to the conveyance structures that requires a response. They are as follows: • The document does not discuss nor clearly demonstrate the fate of waste water that has come into contact with manure in the new manure storage area. In • reviewing the Plot Plan, it appears that any water that falls within the new manure storage area will be contained by the berm. However, during my visit to the site I was informed that waste water was to be conveyed to the eastern retention basin. Please clarify how this water will be conveyed or retained. In Jacob Hirsch Hirsch Dairy April 14, 1998 Page 2 addition, please provide any necessary information or technical data that demonstrates that any conveyance or retention structure associated with the new manure storage area has been constructed to handle the 25-year, 24-hour storm. • Page 4 of the document indicates that some areas of the conveyance ditch will be reworked, recompacted, and retested and the results forwarded to the Department and the CDPHE. As of today, we have not yet received the results. Please provide any results at your earliest convenience. As the result of the above two items, the Department recommends that manure not be stored in the new manure storage area until they have been adequately addressed. In addition, during observation of the facility, on March 30, 1998, we discussed two areas that require improvement prior to flood irrigation of process waste water. They are as follows: 1) The pump associated with the tailwater retention structure needs to be connected to the buried tailwater return pipe. 2) An interceptor ditch must be constructed along the western portion of the process water irrigation area in order to direct flow to the tailwater retention structure. If you have any questions, please do not hesitate to contact me at (970) 353-0635, extension 2232. Sincerely, .Q/a 71 Trevor Jiricek Supervisor Environmental Protection Services tj\982 cc: Brick Smith, Paragon Consulting Group Victor Sainz, Colorado Department of Public Health and Environment DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT res linIlDGREELEY, CO 80631 pe ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 April 15, 1998 Jack Cabala P.O. Box 101 Severance, Colorado 80546 Dear Mr. Lind: I am writing to you regarding numerous complaints concerning odors from Hirsch Dairy. The Division has investigated those complaints and found that the odors are currently at levels which are not at nuisance levels. All complaints have been investigated by Division staff who are certified by the Colorado Department of Public Health and Environment to measure odor intensity. Odor intensity downwind from Hirsch dairy varies from less than 2:1 to less than 15:1 dilutions/threshold as measured with a scentometer. These levels conform with the residential standards in Regulation No.2 of the Air Quality Control Commission Regulations. This has been a consistent finding in these complaints. - • The Division asks that you keep this in mind as you make observations in the future: The Division does not anticipate that under current conditions that an odor nuisance will exist at Hirsch Dairy. The Division will continue to monitor changes in conditions which aggravate odor production particularly meteorological changes. If there are significant changes in such conditions,the Division will respond to odor complaints. If you detect a dramatic increase in odor intensity,please report it to the Division and we will determine whether an site investigation is necessary. I assure you that the Division,pursuant to zoning ordinances and permits,will provide appropriate follow-up on nuisance odors especially those which exceed normal levels for agricultural operations in agriculturally-zoned areas. Sincerely, Jeffrey . Stoll, MPH Division Director JLS/K:\ENV PR0\WPFILESUEFF\CABALA.WPD 9Y/O3O5 if It cite '41, DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 ADMINISTRATION C� 353-0586 HEATH PROTECTION (970)(970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 April 15, 1998 H.F. Lind 38241 WCR 23 Eaton, Colorado 80615 Dear Mr. Lind: I am writing to you regarding numerous complaints concerning odors from Hirsch Dairy located on 11283 WCR 78. The Division has investigated those complaints and found that the odors are currently at levels which are not at nuisance levels. All complaints have been investigated by Division staff who are certified by the Colorado Department of Public Health and Environment to measure odor intensity. Odor intensity downwind from Hirsch dairy varies from less than 2:1 to less than 15:1 dilutions/threshold as measured with a scentometer. These levels conform with the residential,standards in Regulation No. 2 of the Air Quality Control Commission,Regulations. This has been a consistent finding in these complaints. The Division asks that you keep this in mind as you make observations in the future. The Division does not anticipate that under current conditions that an odor nuisance will exist at Hirsch Dairy. The Division will continue to monitor changes in conditions which aggravate odor production particularly meteorological changes. If there are significant changes in such conditions,the Division will respond to odor complaints. If you detect a dramatic increase in odor intensity,please report it to the Division and we will determine whether an site investigation is necessary. I assure you that the Division,pursuant to zoning ordinances and permits,will provide appropriate follow-up on nuisance odors especially those which exceed normal levels for agricultural operations in agriculturally-zoned areas. Sincerely, Jeffrey L. Stoll, MPH Division Director ILS/K:\ENVPR0\WPFILESUEFF\FIFLIND.WPD • 9sidvs- LINO, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF KENNETH F.LIND TELEPHONE KIM R.LAWRENCE (970)353-2323 (970)356-9160 JEFFREY R.BURNS TELECOPIER May 14, 1998 (970)356-1111 Department of Health 1517 16'Avenue Court Greeley, CO 80631 Attention: Jeff Stoll, M.P.H. Re: Odor Inspections Dear Mr. Stoll: Enclosed please find copies of my letters dated March 25 and April 20, 1998. We have received no response to either letter. Due to the fact that we have received no response, we have no choice but to presume the following: 1. The Weld County Department of Health cannot or will not promptly respond to odor complaints and perform the necessary inspection; 2. The Weld County Department of Health cannot or will not keep a log containing dates and times when complaints are received and dates and times when the Health Department responds to the complaint; 3. The Weld County Health Department is unable or dnwilling to enforce applicable Development Standards for the subject USR. Please make this letter a part of your permanent record in this USR. Very truly yours, LIND, LAWR NC TTENHOFF LLP Kenn . nd KFUcg pc: John Pickle, Director Lee Morrison, Weld County Assistant Attorney William Webster, County Commissioner F\KFL\LINDISTOLL2 LTR 9i)off' LIND, LAWRENCE & OTTENHOFF, LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 iTr(GEORGE H.OTTENHOFF nM) KENNETH F.LIND LEPHONE KIM R.LAWRENCE Y- _ C97(970°) 353-2323 A PR �f q (970)356 9160 JEFFREY R.BURNS row ) TELECOPIER (970)356-1111 April 20, 1998 Department of Health 1517 16th Avenue Court Greeley, CO 80631 Attention: Jeff Stoll, M.P.H. Re: Odor Inspections Dear Mr. Stoll: Enclosed is a copy of my letter dated March 25, 1998. My files do not indicate that we have received a response. I await your immediate response. • Very truly yours, LIND, LAW ENCE OTTENHOFF Kenneth F. in KFL/cg Enclosure pc: John Pickle,.Director F:\KFL\LIND\STOLL3.LTR Ci / arc/-1 1- LEND, LAWRENCE & 0 fl}NHOFF, LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLOR ADO 80632 GEORGE H.OTTENHOFF KENNETH F.LIND TELEPHONE KIM R.LAWRENCE (970)353-2323 (970)356-9160 JEFFREY R.BURNS TELECOPIER (970)356-1111 March 25, 1998 Department of Health 1517 16th Avenue Court Greeley, CO 80631 • /N Attention: Jeff Stoll, M.P.H. Re: Odor Inspections • Dear Mr. Stoll: We are in receipt of your letter dated March 6, 1998. Thank you for providing the correct calling information. However, your March 6t letter was basically non-responsive to my letter of February 27, 1998. I would request a response to the following questions and concerns: 1. Please provide to me assurances that the Department of Health will promptly respond to odor complaints and perform the necessary inspection; 2. You have not indicated that the Health Department will keep a log containing dates and times when complaints are received and dates and times when the Health Department responds to the Complaint (in your letter of March 6, 1998 you indicate that you did review the complaint log for the month of February, however, you did not provide to me the dates and times of the complaint and dates and times of the response); 3. Is the Health Department able or willing to enforce the applicable Development Standards for this USR? I look forward to your response. Very truly yours, LIND, LANJRE 7& OTTENHOFF Kenneth F. Ind KFUcg F:\KFL\LI NDISTOLLZ.LTR 9er/, OS STATE OF COLORADO Roy Romer,Governor Patti Shwayder, Executive Director -rG4'co erDedicated to protecting and improving the health and environment of the people of Colorado „ 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division • �' 4:4 ° * * Denver,Colorado 80246-1530 8100 Lowry Blvd. - a • .' Phone(303)692-2000 Denver CO 80220-6928 'Lis ls` Located in Glendale,end Colorado (303)692-3090 -- - uunen hap Apvrvii e hlyJ3e0.us ... _.-.-... Colorado Dept of Public Health and Environment Jacob Hirsch. Owner/Operator 11283 Weld County Road 78 Eaton, Colorado 80615 REF: Hirsch Dairy: Manure Storage Pad, East Runoff Containment Pond and Conveyance Structures, and Tail Irrigation Water Structure Geotechnical Report, Weld County. Dear Mr. Hirsch: This letter is to follow up the site inspection that Trevor Jiricek, Weld County Health Department and I conducted on March 30, 1998. Also, to let you know that the Water Quality Control Division (the Division) has received and reviewed the Geotechnical Report regarding manure storage pad, east runoff containment pond and conveyance structures, and the tail irrigation water structure, all of these improvements are associated to your Manure and Wastewater Management Plan. We find the manure storage area, the east runoff containment pond and other conveyance structures in conformance with the Confined Animal Feeding Operations Control Regulation (the regulation) 4.8.0 (5 CCR 100219) as amended. Also, we find the tail irrigation water structure to be in conformance with the regulation. Therefore, the Division has no objections for the immediate use of these structures. If you have any questions or comments, please contact Derald J ang at (303) 692-3561 or me at (303) 692-3564 Sincerely, � � v ctor , ainz, Distric Engineer cc. David Rau.Pagan Consulting Group Trevor wine,weld County Health Department TDe Services Unit,CDPH&E Environmental Protection Agency,Region VIII DEPARTMENT OF HEALTH WI 1517 16TH AVENUE COURT lID GREELEY, CO 80631 L ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COMMUNITY HEALTH (970) 353-0639 COLORADO• FAX (970) 356-4966 March 6, 1998 Kenneth F. Lind Lind, Lawrence & Ottenhoff, LLP 1011 11th Avenue P.O. Box 326 Greeley, Colorado 80631 Dear Mr. Lind: Thank you for your letter of February 27, 1998. You were disappointed with our response to complaints at Hirsch Dairy during the month of February. I reviewed our Complaint Log for the month of February. A series of complaints were recorded on the answering machine by an individual on the weekend of February 14 through 17 (Presidents' Day Weekend). Another complaint was registered by the same individual on February 24, 1998. All complaints were investigated as soon as staff received them and none were of sufficient intensity to be considered a nuisance. I agree that there are many time-sensitive variables that cause odors to fluctuate in intensity from one moment to the next. We appreciate every effort that complainants make to assist us in shortening that response time. Perhaps, we did not clearly state in our letter, dated October 16, 1997, that we are available on weekends to respond to complaints if the on-call specialist is paged. The same number that the complainant has been calling to leave a recorded message, gives the on-call pager number twice. To help you help us, I have provided detailed steps to follow in order to successfully contact our on-call specialist after hours and weekends. 1. Dial 353-0635 to reach the Environmental Protection Services Division. Have a pencil and paper ready. 2. Listen to the entire answer message for the on-call specialist's pager number. It is repeated twice for your convenience. The number will always begin with 681. 3. You can leave a message after the prompt. This would be optional if you are intending to call the on-call specialist. Laos Kenneth F. Lind Lind, Lawrence& Ottenhoff, LLP Page 2 • 4. Dial the pager number. The pager service will answer with"You have reached an Action Page digital pager. Please touch tone in your telephone number at the sound of the tone." After the tone, dial in the number where the specialist can reach you. 5. The on-call specialist will call you back as soon as possible to record your complaint and provide the necessary response. I hope these instructions will help reduce any anxiety over using our on-call paging system. Please call me at 353-0635, Ext. 2229 if you continue to have difficulty after following these instructions. Sincerely, pp Jeffrey L. Stoll, MPH Division Director • JLS/jls Enclosure cc: John Pickle, Director Board of County Commissioners Thomas E. Hellerich, Esq. Lind Farms, Inc. Dan Rauh Jack Cabala Richard Nashland Gene Habrock C:\VH\AIR\LIND.WPD LEND, LAWRENCE & OTTENHOFF, LLP i i' ATTORNEYS AT LAW ' 3L . THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF KENNETH F.LIND TELEPHONE KIM R.LAWRENCE - (970)353-2323 (970)356-9160 JEFFREY R.BURNS TELECOPIER (970)356-1111 February 27, 1998 Department of Health 1517 16th Avenue Court Greeley, CO 80631 Attention: Jeff Stoll, M.P.H. Re: Odor Inspections Dear Mr. Stoll: Enclosed are copies of letters dated October 16, 1997 and February 16, 1998. Also pertinent to this letter are the two Resolutions approving USR No. 1091, the Odor Abatement Plan and statements made by the Department of Health at Public Hearings (transcripts are available upon your request) that the Department of Health had both the personnel and time to enforce the Development Standards, conditions and plans for this USR. During the month of February, 1998 your office has received several odor complaints, and, I am advised that those complaints were not by the same complainant. Your letter of October 16, 1997 indicates that office staff is available to field questions or complaints, and, you have a staff member on call with a pager number. Responding to an odor complaint three days after the fact is a waste of time and is a clear indication that the Department of Health either, cannot, or is unwilling to enforce the applicable Development Standards. If the Department of Health has both the staff and capability to enforce the applicable standards, we do expect a prompt response to odor complaints as it is my experience that odor has a tendency to dissipate or move depending on weather and not remain in place for a period of 72 hours waiting for an inspector from Weld County to arrive. F;KFLLIND\S TOLL.LTR • 98iao� Department of Health February 27, 1998 Page 2 So that this is not a continuing problem necessitating further action in District Court or a hearing with the Weld County Commissioners, please provide to me assurances that the Department of Health will promptly respond to odor complaints and perform the necessary and required inspection. Additionally, I need assurances that the Department of Health will keep a log or registry which contains the dates and times when complaints are received and the dates and times when (and if ) the Department of Health responds to the complaint. Very truly yours, LIND, LAWg,NCE fTTENHOFF /Y14 Kenneth F. Lind KFL/cg Enclosure pc: John Pickle, Director, Weld County Health Department Bill Webster, Weld County Commissioner Thomas E. Hellerich, Esq. Lind Farms, Inc. Dan Rauh Jack Cabala Richard Nashland Gene Habrock F:\KFL\LIND\STOLL.LTR 981d os RECEIVED OCT 20 1997 DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 ADNISTRATION (970) 353-0586 C. COMMUNITY HEALTHOTECTIONHEA HEALTH (970) 53 353-0635 ( 0) 353 0639. COLORADO FAX (970) 356-4966 October 16, 1997 Ken Lind Lind, Lawrence & Ottenhoff, LLP P.O. Box 326 - Greeley, Colorado 80632 Re: Your Letter to Trevor Jiricek, Dated October 13, 1997 Dear Mr. Lind: I have received your letter dated October 13, 1997. As you know, this letter requests "...the names and phone numbers of Health Department personnel that can be contacted for (1) odor inspection and (2) other problems related to dust and flies." As you have discussed with Trevor in the past, you will be able to reach Health Department staff at any time of the day or night by calling (970) 353-0635. Between the hours of 8:00 a.m. and 5:00 p.m. our office staff is available to field any questions or complaints. Between the hours of 5:00 p.m. and 8:00 a.m. we have a staff member on- call. A recording at the above phone number will provide you with a pager number which will reach our on-call staff member. I hope that this adequately addresses your request. Please do not hesitate to call me at (970) 353-0635, extension 2229, should you have any additional questions. Sincerely, / ti� J Jeff Stoll, M.P.H. Director Environmental Protection Services t11840 cc: John Pickle, Director, Weld County Health Department Dale Hall, Weld County Commissioner Lee Morrison, Weld County Attorneys Office ct • si avol DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT 1 • GREELEY, CO 80631 '1111 pC• ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 February 17, 1998 Jacob Hirsch Hirsch Dairy 11283 Weld County Road 78 Eaton, Colorado 30615 Dear Mr. Hirsch: Over the weekend of February 14, 1998, through February 16, 1998, the Weld County,Health Department received approximately 5 odor complaints. All 5 complaints were registered by the same complainant. The complainant alleged that a strong odor was emanating from your wastewater lagoon. On February 17, 1998, Lyle Moore of our staff conducted an odor investigation at your facility. Mr. Moore detected a mild odor emanating from your wastewater lagoon. However, it did not constitute a nuisance condition. As you are aware, as a condition of ()SR #1091 this facility submitted and received approval for an odor control plan. This plan requires that in the event a nuisance odor condition exists at the site, the facility will implement certain contingencies. We are aware that the odor detected during this inspection does not constitute a nuisance condition. However, the WCHD recommends that the facility implement those contingencies. We hope that by implementing those contingencies now, the condition will not develop into a nuisance condition. As you recall, the contingencies included increasing the manure removal and corral cleaning schedule, the application of wastewater to the fields (if acceptable under the land application plan) and increasing the chemical control additions to the pond. Please do not hesitate to call me should you have any questions. I can be reached at (970) 353- 0635, extension 2232. Sincerely, . _ rip 'illuttZ� tit(2,g2 Trevor Jiricek Supervisor Environmental Protection Services tj\944 • cc: Lee Morrison, W.C. Attorney's Office Todd Hodges, W.C. Planning Department 1957 IA i c. L ri ` V : f.. . '' r ..,_,,,t1._,—Iii, . : MEMORANDU. M TO: FILE/TREVOR JIRICEK DATE: April 20, 1998 r . FROM: LAURIE EXBY �t COLORADO SUBJECT: HIRSCH DAIRY On April 15, 1998, I investigated a nuisance odor complaint at the Hirsch Dairy, located at 11283 WCR 78, Eaton,Colorado. I began the odor investigation atapproximately,11:15 (see attached').. I stopped at the Lind farm and spoke with Mrs. Lind concerning the odor problem, she stated she knew nothing about the problem. I began the odor investigation and conducted the investigation in accordance with Reg. 2 of the air quality regulations. Throughout the investigation no detectable odors were observed off property. I concluded the investigation and returned to the milk barn: I spoke with Mr. Jake Hirsch and left acopy of the report with him,'I explained there was no odor violation and no odor detected off property. htrsch3 wpd. 9P aor "J I U Cr. N yr/ V j Q A ` ` ., I n(1 Q1 e) a cl �c) l ' r U L b.7 iJ 1] C1 it Ct. r3 CI ca ` l S`J`V Q � � 0' \' T > > J 1 , , i z J� J ' z tn y o v u U • A'� o NO.-.\ ' .I4 ' J i H Z ;� rJ u I 4 `• -t [O [.,. 9• v5' COLORADO DEPARTMENT OF HEALTH AIR POLLUTION CONTROL DIVISION , A�NALI^YTICAL REPORT OF VISIBLE EMISSION VIOLATION COMPANY ///,/.1 /r 4Q f ry DATE //ADDRESS OF SOURCE iJ /N City Street County AOCR STACK NAME BACKGROUND SKY CONDITION RELATIVE HUMIDITY a:2 % PSYC. WEATHER BUREAU AIR TEMP. OF WIND SPEED // f /(20 WIND DIRECTION (From) N PLUME CHARACTERISTICS (Color,etc.) STACK HEIGHT Feet OBSERVER:S LOCATION Feet of Stack WET PLUME or DRY PLUME: (If WET,estimate the breakpoint distance from the stack) CLOCK TIME 0 15 30 45 SKETCH: Include 1) Wind Direction: 2) Sun Position: 3) Observer Position; 0 4) Approximate Location of stack; 5) North Arrow. 01 J ' If more than one stack is located at the plant site 02 specifically identify the stack being read. Include remarks. 0304 _ I/ n p✓' 0 _ Uv;mil 1/ a /' 06 • 07 08 1'� LQSfi ri, �1e_ 09 10 �f/ J 0 11 ` (((�� 12 13 3 Ne f9O/,u/ 14 15 16 17 CIA if 18 19 20 I c 21 22 33-2e 23 4jL 2 3 24 • 25 26 27 28 29 • b R OBSERVER: UATE SIGNATURES: Duplicate of this Analytical Report Given To PERSONS PRESENT DURING THE EVALUATION: Name: Name: • Title: Title' Date'. Time �� '=��'S�+'iS' ...'.C.e.;'.;.s�i�i`:i•sa.i�rY,:A3,.5'°a' s�:ti' .%��:..S!.+�'S '.: ,: 0 .-- � 27r° c. ra M \-: a cz 24_,., , -$ . II .,.‘ ...—........ .tit:. FORMAL COMPLAINT RECORD - Complaint No. :/19e• Date/Time: -7: / Complainant- k ' Address Phone: d.,e4- - "1.3l 9 Owner: iLit) /7 DA.t cze Address Phone: Address/Location: ./ Complaint: ('J� 7 r , I l .. „O cc cf,e-Ke -t- .4.._.- CCi nL h AO- y • r Y G'.i,'`YS Z. -GLfrc{ // 71(10ii P fR;C�6. Q 'atrh C rtE77, (--TP— ,� i " '�� ''% Received b Investigation: , Y= t —U f1� 2--;1 1 ' • 44 g7 (LAM, -to - .6.2.,1 By: Date: Action: • i; fl J Fe-Llow,lp: -.0 By: Date: Date: �-/�?�/ " Final Dispo ition: � By Date: / 4 4);Lg. ,o.,15 ` (AG J�P�2.C�C_G GLf:' tLIZA CIGZL1-"X !. iz4.�J/w, , 9g/.,CUs' - - - stift,1.O if \\ imp rm MEMORANDUM In I II e TO: FilelTrevor Jirek DATE: April 9, 1998 COLORADO FROM: Gary Hague SUBJECT: Hirsch Dairy On April 5 at approximately 8:15 P.M. I received a telephone call from Robin Newbrey, Community Outreach Supervisor, Weld County Health Department, about an odor compliant concerning the Hirsch Dairy. Ms. Newbrey is not odor certified and requested that I assist her in this complaint. Three readings were taken in accordance with the procedures set forth in Regulation Number 2. The strongest reading obtained was 2\1, well below the threshold level that according to Regulation Number 2, constitutes a nuisance. Mr Jack Caballa, (complainant) was contacted in person and informed of the readings. Mr. Caballa stated that we arrived too late and that the alleged odor had subsided. Mr. Jake Hirsh was informed at the dairy concerning the complaint. He stated that there is feed lot and 50,000 head sheep operation located very close to his facility. Mr. Caballa was informed concerning these details and that all of these operations may all contribute to the odors. Mr. Caballa stated that he can tell difference between the scent of cow manure and sheep manure and that the alleged odor problem is coming from the dairy alone. • • 9�i. ar yM_______, i ),, ir--------- „, . , re- -- 0 I \v...\ ‘ a r \ O \� O 7 � e � i3 G ., Cry ! ,?› % I I ,h s \v O �r < v- c Os >3 cA t 3 ° J 0.1 MEMORANDUM TO: Trevor Jiricek DATE: 3-31-98 Ci COLORADO FROM: Lyle Moore Jr. SUBJECT: Hirsch Dairy On 3-31-98, I investigated a nuisance odor complaint for the Hirsch Dairy, located at 11283 WCR 78,Eaton, Colorado. I arrived at the dairy at approximately 3:05 pm and spoke with Jake Hirsch III. Mr. Hirsch allowed access to the property for the investigation. While testing the area, it was determined that the most noticeable scent was from the retention pond approximately 75 yards from the corner of WCR 23 & 78. I proceeded to an area downwind from the retention pond. The conditions were as follows: the skies were partly cloudy, wind was from the north - northwest to the south - southeast, varying speeds from 22 to 25 M.P.H.,with gusts up to 32 M.P.H. My first reading(downwind)produced a 2:1 ratio, using the Barnebey- Cheney Scentometer according to the Colorado Air Quality Commission Regulation #2 - Odor Emission Regulations. The second reading(upwind)produced no reading. My third reading produced a 2:1 ratio, the fourth no reading. I stopped my investigation at that time because I felt the 2:1 ratio was not a sufficient reading to establish a nuisance condition. In conclusion, I feel this investigation establishes that there is not a nuisance condition at this location at this time. 9g/nor •N l o / a NI\ R. . •ri o? 1_ cu -SI Z C.l q tJ r U a, al W W .. Ca >,W p F m n •x, z `, -d F >. 0 L 4 . F Q 4 j iii p � rLI /-1 v � I. • O / \� g a p O . •.-I O ., y "-. 2 u ro O +' G U •N C c s.+ •. CL. O . „i C ` O m CO .• h •.I •� a ..mac , cico P-I r-C , .$,.., .i-7 .. f O 1 ¢ U Q i� Lt.. 921 5 FORMAL COMPLAINT RECORD Complaint No. : c"7� )7 ,� ,L/ Complainant: c� Date/Time:. 3 /� / op, Address 3 cl O? Go ;:3- Phone: (pya-i Os.rier: re-; r C�ti i' SGU-1-fl f cn W Address Phone: Address/Location: .4.:1:Y471 S.2 V Vrifln(e L; n+ ,( �c,i -] Complaint: `•`� " Oder I,l ��k' � ° /((S I �� KoCi Investigation: Received by: Action: By: Date: Follow-up: By: Date: Final Disposition: By: Date: By: Date: 9fi. o s MEMORANDUM TO: File\TrevorJirek DATE: March 31, 1998 WII'Dc COLORADO FROM: Gary Hague SUBJECT: Hirsch Dairy On March 29, 1998 at 9:58 am I received a page from Mr. Jack Caballa concerning an alleged odor source from the Hirsch Dairy, located at 11283 WCR 78, Eaton, Colorado. I have never been to the dairy before and was unsure of its exact location and Mr. Caballa hung up on me before I could ask him for an address. I was under the impression that the dairy was located west of Severance along 4th Avenue. I proceeded to investigate the complaint in the subdivision located south of the gas station (Wyman Oil) in Severance. Upon conferring with Trevor Jiricek on March 31, 1998, it was discovered that I went to the wrong location. Mr. Jiricek and I immediately conducted a follow up of the dairy that same morning. In my opinion the odor emitting from the facility on the above date did not constitute a nuisance condition due to erratic wind conditions. During the investigation, I tried to identify possible odors from positions off the dairy and near the Caballa property in accordance with Regulation 2 parameters. i did not detect any odors with the scentometer. I notified Mr. Caballa upon our return at approximately 10:30 am Monday, March 30, 1998 and informed him of my mistake and the immediate follow up investigation. Although he was not pleased, he understood and did not become irate. Kamems- k -e--t^-0 - --�n.�t-„�-e--e� SO/ � i ab- 72,-t- O 1 .frin._ _-,?? _ Pe Aii, _.-_ _ !'-c t,-e.., 1O `/a /5 en_ ,?- 9- l8/ iv4,_,t.1.7 i ro" - w1/4_ /V Y� L f h 7 , '. nr ' 0 ;r i„,,,_,..7a . , „,,,, :>, \ .jA 3 ,, z4 \. -N, i 7, ,, ,11)tr O---1() ._ . .. 0_ . : - _ / . J J ,. /, go_ , 9>i 98/A0 5-- _ /cit2rel,rel-e-L-1 ^/ - / r. N zD I 5/L- `h/ Y N 9? t5 � CfO 98/ os' MEMORANDUM U M r Wilk TO: FILE/TREVOR JIRICEK DATE: March 16, 1998 COLORADO FROM: LAURIE EXBY • SUBJECT: HIRSCH DAIRY On March 13, 1998, I-investigated a nuisance odor complaint at the Hirsch Dairy, located at 11283 WCR 78, Eaton, Colorado. I began the odor investigation at approximately 11:00 (see attached ). I spoke with the office manager and explained there was an odor complaint concerning the dairy. I was given permission to be on the facilities property. I began the odor investigation and conducted the investigation in accordance with Reg. 2 of the air quality regulations. Throughout the investigation no detectable odors were observed off property. I observed trucks hauling manure from the dairy and east on WCR 78. When trucks were loaded there was an odor but it was less than 7:1 and there was no detectable odor off property. I concluded the investigation and returned to the milk barn. I left a copy of the report in the office and spoke with Alta Lemaire. During the investigation I observed the retention pond to the west of the facility and it had more than the required two (2) foot of freeboard. I have been to numerous Dairy facilities in Weld County of various sizes in my (six) 6 years at Weld County and have observed various levels of housekeeping. This is a large Dairy and is one of the cleanest facilities I have observed. The pens are clean and the entire facility is well kept. I feel that there are no nuisance conditions at this facility at this time. • hirschl wpd. I gpaos • WELD COUNTY HEALTH DEPARTMENT • • • FORMAL COMPLAINT RECORD ;0 0 411t- 1 Complaint No.-)1.4-9F ()2 2 Date/Time: , j-- . 2 SCom lainant: p,/, pf L/ � Address 2.s Phone: C�g-' , 236'/ Owner: Address - Phone: Address/Location: / L!i•��./)p/,qqf., � � -a, �-e__.- r-� Z �/r c,.Yom. - !�' • Complaint: / (_.__' ,...,. - &. ...74-11/1.. • Received by: 1' I/ Investigation: 5.Le ec4l7J c LL,.,-,/ By: Date: Action: Follow-up: By: Date: Final Disposition: By: Date: ,� County of�vanous sizes in m six ears t - " , •....s-::- x, ,4.•s_--•—a: -„iu, ,mss x ',,`:• +y,, ,r W:f, ,.. �: -esi,,,r>tyy(-ix' ,6yy,, ,�,atWeld. r�ty and:.haye.obse ved various'lev. :of`• •:..c..'1••:.1'..„.1=,••••;..'-.••,4"4, 4,. r_ houeke�eeping. Th''' is;allarge;Dai,,.y and is one:.of the�eleanest�faciliti $ have obsery e ..'�ia.;T?„rrlo'•�•„ sz: >: •.;.,.•.',;-,..•;., I:r ..:v - i to,. >w Msi+[�raa.,: •<'r,;Y+4r�.�. ax". ` ..c' � . _ .ris= .rre•clean and�`the,entire facility.`is well•kept: I feel that there;are n_-_"o`"•--T nuisance:conditwns at-., r �"� 'r' xhts facil• .'at thi• • • • . ,q_t. r - a 1 • t tt F�- rai•� !' •1. nor ` r' 1• _ —- 'T 'fr: din' -arY' r/1 - ,:,,,;i. - @r,w• a.. .r'�� )a. ter• 'i: - rsq..�1 r *.y.. tiy,,•:y0yrs,;h▪ 'i•... ••••• e.:.:. • • •'i,�,M:i.ycf ikr•s:.K,1•* >.T+�i.�• ••:;:tf4a.;. k,�� ::- .r± ,4_ ;,,� ti Ate,ric.;;i�. - r•_ n x-,+ S• °''`..na •'•i+ t v `r't if.p'�' r? t'i. t' y j Ya i m e it '- g..fit, � /',,.[ ties. ✓.- r-i-a r' <. ...,•r.::' n L r "kF"r f. 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T ,y _ r .1 Y:.C7 .7 .pry,:',•. i-,•:, .•,.`'v., t-:....:-._.4,-4=1,0-e.,, `'5 t;..„4,,„k, :j.,, .5{: '• r r2'••r,`:V •.i•r••'s;xrr,F`':•:-0•�• •kt:. :••••",:•'},',7>: • ,,. '.�'' - i�`S�• .1.:J' ..,. r. '•!'r;. ,_''�,','�'••,:� ;'.:. '• x' • • : :r• COMPANY NI I SS IN L'') C,1 SV Xi _ bb DATE. �/ ADDRESS OF SOURCE 112.3 3 ti,, 1:,Z y5 8(-A' ti CI) City • Street County AOCR STACK NAME BACKGROUND SKY CONDITION C./r 4 f`, U RELATIVE HUMIDITY /, Z % PSYC, WEATHER BUREAU reel,.+ AIR TEMP, of WIND SPEED A-,'r poi-1-- Ai pli WIND DIRECTION(From) { .O.,. f Q6 t, PLUME CHARACTERISTICS(Color,etc.) Feet OBSERVERS LOCATION Feet of Stack WET PLUME or DRY PLUME: (If WET,estimate the breakpoint distance from the stack) • CLOCK TIME 0 15 30 45 SKETCH: Include )1 Wind Direction; 2) Sun Position; 3) Observer Position: @ I i , op 0 o a 4) Approximate Location of stack; 5) North Arrow. 01 ff more than one ck is located at the plant site O 1 i : I b 02 c.-0 specifically iden if a stack being read. Include remarks. 03 05 5sc 0 06 07 _________ 08 09 10 11 - ' 12 0 13 14 15 is .L3 . 27 18 C.....) Gt i`i 19 20 21 22 O . 23 24 25 _ I 26 t 27 28 29 I`jb Car-G b,Ser � i u e s -h 5 0..4-1-0 . 1�.1� N OBSERV Ll- � LAI -3,A7 A.A re-SIGNATURES: Duplicate of this Analytical Report Given To PERSONS PRESENT DURING THE EVALUATION: `/� p s IA Q ` Name: / >L Kict3e n Name: k vNM , � b �"--L. E: {�( (� Title: E Title: N V. S p Q.L �'l \vJ (� Date: 8 i 4 rt 8 Time: 1 t:aocu ' 1 Signature: l� 0_04:, f APG55(6 75 100) t c-...!. . Imo. s., ••- ;.s. . '.i . I q /v?os. clEct ‘t , MEMORANDUM 4444 11119 TO: Trevor Jiricek Q DATE: March 11, 1998 C• FROM: Troy Swain (4� COLORADO SUBJECT: Hirsch Dairy, Complaint #A 98-020 On March 10, 1998, I investigated an odor complaint on the Hirsch Dairy, located at 11283 WCR 78, Eaton, Colorado. I arrived at the Hirsch Dairy at approximately 5:30 pm. Odor observations were made off property of the dairy upwind and downwind of the dairy (see attached Odor Observation Form). Readings were taken using a Barneby-Cheney Scentometer in accordance with Colorado Air Quality Control Regulation No. 2 - Odor Emission Regulation. One downwind reading resulted in a dilution to threshold reading of 2:1. The second downwind observation resulted in an odor being detected by the observer but the reading was greater than 2:1. Odor readings of this level do not exceed any applicable regulations or permit conditions for the Hirsch Dairy. • • /1 May . C RJo s m o o .n b w a .d M au a y w al v a A A A A E-• 0) aJ Z A O0 w C H 2 c4 0 < 0 V Q ? .. >, ›, O2 m m LT-1 a csC .45 `r x Z O 0 r --- J >-4 UO 4 C) - ..-' F.4 'ti 'a --'t M O S 3 Q s } izz) L..., t 3 ,i p ..• o .o Z ° .. u 0 •y 03 Cl. tn' C) m a► tom+g .O �, �^ Q O .A �_ Colorado Department of Public Health & Environment Air Pollution Control Division-- ' 'o•rrsObservation-Form Ot Source NameNI fi `4 /p ,,r rgYObservation Date q Start7ime Sto Timer jJ✓� 3�� l s [vs Stop Address ii L�.- v'? k. 7 2 se c min 0 15 30 qs Comments W3_3 r�� 1 City State- / State C�, Zip 2 1 - Phone /= /v Source ID Number 3 Process Equipment Operating Mode 4 Control Equipment Operating Mode ' / ,_ 6 Describe Emission Point PC�n 6 / U Height above ground level Inclinometer Reading 7 Distance From Observer � t G,h S 8 �C T i Describe Emissions 8 Color 9 ) Visible Water Vapor Present? If Present 10 / Yes l No Attached N Detached . 11 i iPoint In The Plume at Which Opacity Was Determined 12 /' I Describe Plume Background '/} 13 r N Win Speed Wind Direction From de/ i /6 6-(6-f s"� ZI /v a"" i 4 Ambient Temperature , Wet Bulb Temp ir✓ ro o„\* Z i `F 15 1 }' NOTES:(i)Stack or Point Being Read, ©Wind Direction From, Observer 16 Location,` Sun Location,(S)North Arrow,®Other Stacks \t/ivy ac.k` - 18 i wc2 $ci x %° M 19 ; \ _ _ 1 .G (� ia-P �c�L 20 / q M) o 21 / frog V-Ite l 22ki _ \ _. 23 / . .\, 4( - -.- . 24 altrd l N 25 �, 26 • G�°S or v p� 2; I 27 N °�c S,o L2'I • L lO 28 29 s L 30 4--- ZaJ� 14,e rz 7g Range otc ereit9 GO 2 4 Minimum G mac''`"d/ Maximum a I have received a copy of these opacity observations. Print Observer's Name •-7-72-0 ::a:r: Y S i, 'A ,K�Observer'sSignat -- Dateii:"...„4 d. '/Title Date Organizatio 3 /�� 147 Ca' 44l- I - 9 iO1(2s MEMORANDUM TO: Trevor Jiricek DATE: 2-18-98 Ci : COLORADO FROM. Lyle Moore 711 SUBJECT: Hirsch Dairy On 2-17-98,I investigated a nuisance odor complaint for the Hirsch Dairy, located at 11283 WCR 78, Eaton, Colorado. I arrived at the dairy at approximately 2:30 pm and spoke with Jake Hirsch III. Mr. Hirsch allowed access to the property for the investigation. While testing the area, it was determined that the most noticeable scent was from the retention pond approximately 75 yards from the corner of WCR 23 & 78. I proceeded to an area downwind from the retention pond. The conditions were as follows: the skies were clear, wind was from the southwest to the northeast, varying speeds from 0 to 2 M.P.H. My first reading (downwind) produced a 2:1 ratio, using the Barnebey-Cheney Scentometer according to the Colorado Air Quality Commission Regulation #2 - Odor Emission Regulations. The second reading (upwind) produced no reading. I stopped my investigation at that time because I felt the 2:1 ratio was not a sufficient reading to establish a nuisance condition. In conclusion, I feel this investigation establishes that there is not a nuisance condition at this location at this time. COLORADO DEPARTMENT OF HEALTH AIR'POLLUTION CONTROL DIVISION • O i�OfZ ANALYTICAL REPORT OF VISIBLE EMISSION VIOLATION COMPANY ",-1/ R3 CH r 'b )� DATE a-I 7 t J1 ADDRESS OF SOURCE lino 3 C�C 7 A m City Street County / AOCR STACK NAME BACKGROUND SKY CONDITION • RELATIVE HUMIDITY _ % PSYC. WEATHER BUREAU AIR TEMP._oF WIND SPEED (7) M f ' ' sx1P WIND DIRECTION (From) 5th . A/c-- PLUME CHARACTERISTICS(Color,etc.) STACK HEIGHT Feet OBSERVER:S LOCATION Feet of Stack WET PLUME or DRY PLUME: (If WET,estimate the breakpoint distance from the stack) CLOCK TIME 0 15 30 45 SKETCH: Include 1) Wind Direction; 2) Sun Position; 3) Observer Position; 0 41 Approximate Location of stack; 5) North Arrow. 01 If more than one stack is located at the plant site 02 specifically identify the stack being read, Include remarks. 03 04 05 06 07 08 09 ` 10 4j►� ^ Ce3�C t,(21>( � 11 �cTn� 12 �l '. I 13 q 14 15 (yle:„. 16 17 18 19 AP 20 21 • 22 23 f- 24 25 26 27 28 29 OBSERVER: DA l t SIGNATURES: Duplicate of thi :nalytical Report Given To PERSONS PRESENT DURING THE EVALUATION: • Name' 4C_ Name: Lyi-‘,1 Title: Title: t` oviAcryt."lcH L ?&c 67X Date: UZ / i Time- ,3 _ o ^^ ^^ Signature: �` ' „-` / 9giav6- FORMAL COMPLAINT RECORDQ � /]�Q ✓ ,).(!"IuF* � jt , 110 Complaint No. : ,d cr - 0/0 Date/Time: 90k) Y4 3-1 r1J4& t1 F l IN V Address 7 2t!/ OAR' a3 Ld 'd p b?' Z> I Complainant: � Phone:1ICC C- Owner: Address Phone: Address/Location: tY��'CV� �or&r- 1O,y3 u: Lt'2. fl"? e'Ptc:fi+ Complaint: &C1O-v r wt I tLE„rjU1 , Received by: 1 Investigation: SA.1 0641-...4,,E, By: Date: Action: By: Date: Follow-up: By: Date: Final Disposition: By: Date: nuicanre nnnclitinn at ihic Inc.atinn at tf,;c lime 9�/a105 MEMORANDUM ikTO: FILE/TREVOR JIRICEK DATE: March 16, 1998 FROM: LAURIE EXBY COLORADO SUBJECT: 'HIRSCH DAIRY On March 16, 1998, I investigated a nuisance odor complaint at the Hirsch Dairy, located at 11283 WCR 78, Eaton, Colorado. I began the odor investigation at approximately 9:00 am. I spoke with Kelli Klaussan and explained there was an odor complaint concerning the dairy. I began the odor investigation and conducted the investigation in accordance with Reg. 2 of the air quality regulations. Throughout the investigation no detectable odors were observed off property so I concluded the investigation. During the investigation I observed the retention pond to the west of the facility and it had more than the required two (2) foot of freeboard. Kelli Klaussen explained that the manure hauling had been completed on Saturday March 14, 1998. Kelli stated that the retention pond was going to be pumped onto the fields later this month. I asked Kelli to please have someone notify us when this activity is begun. She stated that she would inform Jake Hirsch and he would let us know. There were no noticeable odors on the facility property at the time of the inspection. I feel that there are no nuisance conditions at this facility at this time. hirsch2wpd. r WELD COUNTY HEALTH DEPARTMENT - FORMAL COMPLAINT RECORD Complaint No.: ��'• 011 _ Date/Time: /1t -� 4• • ''i,i/e/. ,9 p `�. �c� I f";/ �L(-�� Complainant: 1 Address .,:'_! c_. 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S �:,�. »•,.•,r,,,,•' Yy :'t7?,�t"t�;+r_+Sc. _i ;y,:_ •,, �,+;i..: ;•• 'At 2`. �....: ,.;. _C'^,'.. i.. •;;i•.. ...;"c-- q rsi/c U- • O • �DO \ 7 F �, tiro .Jo ',,c: �-, p� • O _.•:•.! \ \......- \ \''' L.....?- . U • ZiC • g_. •- ______ \‘i CI) let 4 .2 L . r- v '''k � s j 1] V ;n 3'- . - c. T O r . -,.... -) ,Ic4 ci, ----- , ...;.::.- :,,., ,,,, , , --- , ,_, ,.., , t- J 0,0 :... O H fl , kik -r r M p • m r !� U 0 O O '' (x 8 r OD Oo �‘,. :le? • 60 -, o Leo x. W DoN . 50.4._ , 40 Op . . or, vo + 7 T g. + • r-ic CI\ .r c T m ,-r". r>- i • ✓C.' 1/4o ,std \ t . th ` ' L1� • i \, �', 1O -' �/�l ).4 ---•.:_ -... -...,' i O ,C? A „4..... -____, ,. ,O �'j M c� -E"1 (No M cY` M rr fir, �n i .J� 1 U p E» N \ `,-_, ,c4s, ) 7-- t Firvr., - .tzzl,, ,.., 1 c---- \---‘-- Nr- 'Cli 4 \- ' ---) ''.- ' • --)Z` \-- _. k \• ;, ..6 !..1 ,4 ,. .... m (---- 1 ,r) • , v1 Q . , , . + , i ,_. -,... . ! i . 17,f\r ,: - --._ . -,! . I , . s.W4i Al ,W l :. z ,-,.- 0 .,,,.7-4-�`�,� � -: i ",,.. .., / _ ti c-s -4:mj4. �- J ,-, t77, e).. - -c `,:lz- P.. . '''-• •' c- -1- _-': .e , . G --_, .-. O ttr. ffff 1 U — , , ,-, 1 , ; 3 '�% � � �'' t; c-..-3 y Y " �,fp--s -:-_ MEMORANDUM TO: Trevor Jiricek DATE: 2-24-98 �i COLORADO FROM: Lyle Moore Jr. SUBJECT: Hirsch DairQ On 2-24-98,I investigated a nuisance odor complaint for the Hirsch Dairy,located at 11283 WCR 78,Eaton, Colorado. I arrived at the dairy at approximately 2:20 pm and spoke with Alta Lemaire. Mrs. Lemaire allowed access to the property for the investigation. While testing the area, it was determined that the most noticeable scent was from the retention pond approximately 75 yards from the corner of WCR 23 & 78. I proceeded to an area downwind from the retention pond. Tbe conditions were as follows: the skies were cloudy,wind was from the southwest to the northeast,varyimz speeds from 5 to 6 M.P.H. My first reading (downwind) at 2:23 pm produced a 7:1 ratio, using the Barnebey-Cheney Scentometer according to the Colorado Air Quality Commission Regulation #2 - Odor Emission Regulations. The second reading (upwind)produced no-reading. My third reading at 2:40 pin (downwind)produced a 2:1 ratio. The fourth reading(upwind)was again,no reading. I stopped my invesesation at that time because the ratios were not sufficient readings to establish a nuisance condition. In conclusion, I feel that there is not a nuisance condition at this location at this time. Cf6 �0 COLORADO DEPARTMENT OF HEALTH . AIR'POLLUTION CONTROL DIVISION r//ANALYTICAA'L REPORT OF VISIBLE EMISSION VIOLATION COMPANY 1LS� IAA197 DATE rC`2CI- (q 2" ADDRESS OF SOURCE 1 ) p ✓ tic IL 7K L-A-Ton "u cL City 'Street County AOCR STACK NAME BACKGROUND SKY CONDITION ?i471 Z 1 C l. . 1 RELATIVE HUMIDITY / % PSYC. WEATHER BUREAU AIR TEMP,_°F WIND SPEED ,.5 --U/ /'1f l] WIND DIRECTION (From) C It) /1/ L7 PLUME CHARACTERISTICS(Color,etc.) STACK HEIGHT Feet OBSERVERS LOCATION Feet of Stack WET PLUME or DRY PLUME: (If WET,estimate the breakpoint distance from the stack) CLOCK TIME 0 15 30 45 SKETCH: Include 1) Wind Direction; 2) Sun Position; 3) Observer Position; 0 4) Approximate Location of stack; 5) North Arrow. 01 - If more than one stack is located at the plant site 02 .1 . . S 7k,I specifically identify the stack being read. Include remarks. -- -- 0s -2;'i5 1:i IC 9 _ N. 10 �i'tS I 11 12 13 14 - 1,1r 15 16 / t i 18 i !3 19 x 20 21 22 23 24 gy A 9 25 26 27 28 29 OBSERVER: UA I E SIGNATURES: Duplicate of this Analytical Report Given To PERSONS PRESENT DURING THE EVALUATION: /G` ' �p ,�.ch�� i.„, Name: [ Name: L g / " / 8„ T� Title: L Title: tnvrioxri Lafilk— S7Z:-ci 4L;Si ' 9/�9/9f /J/7 Date: �t �,p}�y ,?.., 7� -"/4 Time- ;.J.S O_ �� ... 1 " Signature: •� - FORMAL COMPLAINT RECORD Complaint No. : 11 ` 0 '" 13 Date/Time: 426-0 aW1 Complainant: GNI° Address Phone: Owner: Address Phone: Address/Location: 111r5 in 0 V 1 f p J WC-R. '17, w �t Complaint: � "rt ()kr R-c 1 (`-t • JReceived by: -t- Investigation: c t {Ltt" By: Date: Action: By: Date: Follow-up: By: Date: Final Disposition: By: Date: "�^.�^.^."--a.�-.c—•s ve .. _ .. . . ..._— —.--.. ...mac•.,...._+c �. • • • FORMAL COMPLAINT RECORD Complaint No. : `.53, 0 2,0 Date/Time: 3//e/4? 1:evpivi Complainant: .TY+dc w.-lOrvt(8 Address Phone: Owner: Address Phone: qq � + p n p Address/Location: -11\VS (/VV -Dcov f • II?S3 WCR 97 Complaint: �t J g Received by: SS Investigation: < i.�, / 3 iu By: Date: Action: By: Date: Follow-up: f, S cue cu✓ By: Date: Final Disposition: C - By: Date: 3/ Hello