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Home My WebLink About952277.tiff HEARING CERTIFICATION DOCKET NO. 95-62 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1092 FOR A COMMERCIAL EGG PRODUCTION FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - MOARK HATCHERIES, LLC A public hearing was conducted on October 30, 1995, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Lee Morrison Planning Department representative, Shani Eastin Health Department representative, Jeff Stoll The following business was transacted: I hereby certify that pursuant to a notice dated August 23, 1995, and duly published September 14, 1995, in the Windsor Beacon, a public hearing was conducted on September 27, 1995, to consider the request of Moark Hatcheries, LLC, for a Site Specific Development Plan and Special Review Permit for a commercial egg production facility in the A (Agricultural) Zone District, at which time said matter was continued to October 4, 1995, pursuant to a notice dated September 18, 1995, and duly published September 21, 1995, in the Windsor Beacon. At said hearing on October 4, 1995, said matter was again continued to October 25, 1995, pursuant to a notice dated October 4, 1995, and duly published October 12, 1995, in the North Weld Herald and in the Greeley Tribune. At said hearing on October 25, 1995, said matter was again continued to October 30, 1995, at which time Lee Morrison, Assistant County Attorney, made this a matter of record and noted the previous continuances. Shani Eastin, Planning Department representative, presented suggested additions and changes to the Conditions of Approval and Development Standards, later marked as Exhibit DDD, and confirmed the applicant also has a copy. She explained the Planning and Health staff would like the Board to review the suggestions which address concerns raised on October 25, 1995. Donald McClary, Attorney representing the Morgan County Quality Water District, noted he has not seen said changes. Hollis Osborne, applicant, stated he appreciates the concerns of the neighborhood and hopes to address them satisfactorily. He reviewed his personal background as an agricultural extension agent at a university in Missouri and his experience in the operations of farming and ranching. Mr. Osborne further explained the manure processing and drying and reiterated a clean environment will be maintained and odor and flies will be controlled by moisture reduction. Paul Osborne, son of Hollis Osborne, stated he was troubled by the video shown and inferences made on October 25, 1995. He explained the video was taken in 1993, at which time Boulder Valley Poultry was owned by Bruce Vaughn and its management had deteriorated. He further explained Jack Osborne, Hollis Osborne's brother, was hired by Mr. Vaughn in 1993, and in 1994, Hollis and Paul Osborne gave Mr. Vaughn an economic incentive to shut the farm down. Dr. John Malsby, veterinarian, stated he fields complaints and resolves issues for the State Veterinarian's Office. He, too, reviewed the video and contacted Mr. Vaughn in December 1993, when the chickens were being phased out. He confirmed no direct violation of statutes occurred and the operators were very cooperative, including Jack Osborne who helped resolve the problems. Mr. Malsby clarified the separation of the management team between Jack and 952277 PL1007 RE: HEARING CERTIFICATION - MOARK HATCHERIES, LLC (USR#1092) PAGE 2 Hollis Osborne and discussed groundwater contamination which is not affected by natural manures, but by intensive use of chemical fertilizers. He noted the applicant's interest in agriculture and stated the facility will help the community. Responding to questions from the Board, Mr. Malsby noted the chicken parts, etc., can be composted down to ten percent when mixed with organic compounds and makes a tremendous fertilizer. Dan Hudgens, manager of Grand Mesa Eggs in Grand Junction, Colorado, addressed the Pierce, Hudson, and Grand Mesa facilities and his farm, educational, and professional background. Mr. Hudgens extensively reviewed and submitted an overview of his presentation, as Exhibit CCC for the record. He reiterated comments made on October 25, 1995, and answered numerous questions from the Board. Terry Osborne, manager of the Hudson Pullett Farm, reviewed his personal background, noting he is the president for Colorado Egg Producers and has a degree in agriculture. He noted his operation has a good reputation, with no history of complaints. Mr. Osborne stated there are homes within one-quarter mile of the composting site and reiterated his good relationship with and support from the neighbors in the community. He also responded to questions from the Board. Paul Osborne addressed further concerns and highlighted comments made on October 25, 1995, by Jeff Stoll, Health Department representative, concerning environmental, regulatory, and technological controls. He noted the Development Standards include proactive plans and they are committed to cooperating with all regulatory agencies. Mr. Osborne further reviewed the manure processing and reiterated the buffer zone includes 2400 acres and the site location, which is not in the flood hazard zone, was thoroughly researched. He also noted a location manager will live on the farm and Terry Osborne, who is very experienced, will be directly involved in overseeing the operation. Mr. Osborne stated his definition of a good neighbor is one who believes in the "Golden Rule" and noted an open-door policy will be maintained. He reiterated this type of operation is part of the rural life style, and the company has been in the State for eight years and is considered local. Mr. Osborne also reiterated the revenue stays in Colorado and will significantly contribute to Weld County's tax base. He responded to other concerns raised on October 25, 1995, and answered questions from the Board concerning seepage control; the need for housing for security and safety purposes; engineering studies and water requirements; odor and fly abatement plans; composting, sun drying, pelletizing, and field application of manure; traffic; and the other facilities. Let the record reflect a recess was taken at this time. Forrest Bell, farmer from Keenesburg, Colorado, spoke in support of the proposed facility and noted his neighbors from Hudson and Roggen also support the facility. Kim Lawrence, Attorney specializing in water law, stated he is the water attorney for Morning Fresh Farms and Lost Creek Basin and discussed the water quantity and quality issues. He reviewed and submitted the Colorado Ground Water Commission Final Permit No. 31645FP for the Lost Creek Designated Ground Water Basin as Exhibit EEE; the Colorado Department of Health, Water Quality Control Commission, Notice of Final Adoption regarding Confined Animal Feed Operations Control Regulation as Exhibit FFF; and a copy of Colorado Revised Statutes, Sections 25-8-101 through 25-8-103, and Section 25-8-502, as Exhibit GGG for the record. Mr. Lawrence specifically reviewed Condition of Approval #7.F concerning water quantity and Conditions of Approval #3, #7.A.1, #7.A.3, #7.A.4, and#7.A.5 concerning water quality. (Changed to Tape#95-44 during Mr. Lawrence's presentation.) He also agreed with the suggested amendments to the Conditions of Approval and Development Standards, which adequately address all issues. Mr. Lawrence stated Mr. McClary and Mr. Underwood have had sufficient time to address their concerns and clarified they have not submitted substantial evidence. He also clarified standards set by the State are beyond the jurisdiction of the Board and responded to further questions from the Board. 952277 PL1007 RE: HEARING CERTIFICATION - MOARK HATCHERIES, LLC (USR #1092) PAGE 3 Forrest Leaf, Leaf Engineering of Merino, Colorado, and expert in Water Court, was retained by Moark to design the facility and explained the company's intentions to comply with the law and Development Standards. He clarified the technical matters will be completed upon approval of this Permit. Mr. Leaf extensively reviewed and submitted the following for the record: Exhibit HHH - map of Lost Creek Basin defined in 1967; Exhibit III - copy of overhead designating the alluvial boundaries of the Lost Creek drainage and Morgan County Quality Water District's wells; Exhibit JJJ - copy of overhead indicating the cross-section of the two alluviums and bedrock, as well as static water levels and gradients; Exhibit KKK - Design Alternatives, including Wastewater Treatment and Confined Animal Feeding Regulations, Summary of SDPS Requirements, Groundwater Discharge, and Site Approval Process; Exhibit LLL - Confined Animal Feeding Operations, including discharge of on-site storm runnoff, groundwater protection requirements, disposal of manure and process wastewater; and general location considerations; and Exhibit MMM -flood insurance map prepared by FEMA and the Corps of Engineers. Mr. Leaf answered numerous questions from the Board concerning surveys and design criteria, water pollution control regulations, seepage regulations, confined animal regulations, processed wastewater, berms, etc. He confirmed the applicant will not exceed regulations on or off site. Fred Otis, Attorney representing the applicant, responded to and clarified comments regarding the Roggen Feedlot (Richard Hesse) made by Stephen Williamson, Attorney representing various families in the neighborhood opposing this facility. He submitted copies of a Case Summary of ZCH #64 for Richard Hesse as Exhibit NNN; Hearing Certification for Docket No. 91-54 dated October 16, 1991, as Exhibit 000; and Irrevocable Standby Letter of Credit No. 11, for $14,654.00, and No. 10 for$13,510.00, from First National Bank in Lamar dated October 15, 1991, as Exhibits PPP and QQQ, respectively. Mr. Otis stated Moark's proposed facility is a first-class, quality operation which has met criteria by providing a buffer zone devoted to agriculture. He further clarified the proposal meets the requirements of the Comprehensive Plan and was recommended for approval by the Planning staff and Commission. Responding to questions from Commissioner Kirkmeyer, Mr. Otis stated the proposal will create jobs, an outlet for farmers feed, money, and a capital investment in the area. He also noted staffs recommendation which includes Conditions of Approval and Development Standards protect the health, safety, and welfare of the community. Mr. Otis clarified, pursuant to the Zoning Ordinance process, if the facility does not satisfy requirements, it will not be allowed to operate. He noted only when permits have been violated have bond requirements been imposed. In further response, Mr. Otis reiterated noncompliance may result in revocation of the Permit. He confirmed the applicant is spending millions of dollars and is not going to walk away from this operation. Mr. Otis also noted fines and other remedies are available. Commissioner Harbert stated she has considered the protections instilled and the amendments suggested by the Health and Planning staff and all water issues have been addressed; therefore, she moved to approve the request of Moark Hatcheries, LLC, for a Site Specific Development Plan and Special Review Permit for a commercial egg production facility in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record, including staffs suggested changes to Conditions of Approval #3, #7.A.4, #7.A.5, #7.A.6, #7.C, and #7.E and Development Standards #6 and #7. Commissioner Harbert stated she feels this proposal is an agricultural business, is a family-run operation, and is similar to other agricultural businesses in Weld County, such as the Hog Farm. Commissioner Baxter seconded the motion and stated this case has been difficult considering the concerns raised; however, with the directive from the Comprehensive Plan and recommendations for approval from the Planning staff and Planning Commission, having all concerns addressed, and the Conditions of Approval and Development Standards tightened, he will vote for the motion. He noted this Permit is the applicant's first ladder in the process. Commissioner Webster stated he toured the area last Thursday and agrees with Mr. Otis' comments concerning the benefits for employment and buying of agricultural products. He also noted the area has only one small feedlot and this facility will provide manure, with water already available, to raise crops. Commissioner Webster stated he feels the applicants are good neighbors and run good operations, noting the facility is confined and can become an advantage. The motion then carried unanimously. 952277 PL1007 RE: HEARING CERTIFICATION - MOARK HATCHERIES, LLC (USR#1092) PAGE 4 This Certification was approved on the 6th day of November, 1995. APPROVED: F\IBOARD OF COUNTY COMMISSIONERS ` ` a-t&n W LD COUNTY, COL ADO Oft)l �_ ngy Clerk to the Board Dale K. Hall, Chairman eputy CIV to the Board �%1Au I 47 LCA :, Barbara J. Kirkmeyer/ro-Temt/ TAPE #95-43 AND #95-44 7 L I - George F{Baxter DOCKET#95-62 Constance L. Harbert PL1007 / i//\J //' ,) W. H. Webster 952277 PL1007 L.,HIBIT INVENTORY CONTROL SHEE. Case USR#1©9.2 - 7 YCoG/1k_, Hudr^ .u�r ,,'' e. ExhibitSubmitted By Exhibit Description A. a_pp,t/L, t. ' ?i" ch a ( 2k.- d,�wtoc Ciao m.fi ;7 pn q3C. CtLit_ Ye) LI?e & A Ai a. 9�R D. 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