HomeMy WebLinkAbout980780.tiff HEARING CERTIFICATION
DOCKET NO. 97 - 45A
RE: SHOW CAUSE HEARING FOR REVOCATION OF USR #820 FOR A LIVESTOCK
CONFINEMENT OPERATION (2,500-HEAD DAIRY) IN THE A (AGRICULTURAL) ZONE
DISTRICT - HUSKER DAIRY (CON'T FROM 11/05/98)
A public hearing was conducted on May 6, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair- EXCUSED
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Trevor Jiricek
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 representative, referred to his memorandum dated May 5, 1998, and explained item
#2 regarding the facility's ability to dispose of process waste water generated by storm events still
needs to be addressed, and item #1 involving a final project report can't be completed until the
conveyance structures referred to in item #3 are completed. Mr. Jiricek stated he and Julie
Chester, Department of Planning Services, visited the site and found the site to be in compliance
with Condition#1 of the November 5, 1997, Resolution and the applicant has submitted a Manure
Waste Water Management Plan; however, work still needs to be done on the conveyance ditch.
Due to the progress being made, Mr. Jiricek recommended a continuance to June 1, 1998, at
which time the Board can review the conditions and consider revocation of the permit. In response
to Commissioner Kirkmeyer, Mr. Jiricek stated a post-construction report was submitted and
provided adequate information to meet Condition #2 of the November 5, 1997, Resolution. Mr.
Jiricek added Condition #3 is the only Condition the applicant has not met from that resolution.
Gene Hoyer, owner, submitted a list of the work completed to date on the site to come into
compliance. He stated he prefers to seal the conveyance ditch with concrete for better
maintenance; however, CG and S Company, Inc., will not complete the project. Mr. Hoyer stated
an alternate company will do the work within the next week, but if not, he stated he will pour the
concrete by hand. He explained the existing lagoon has been plumbed with an eight inch pipeline
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HEARING CERTIFICATION - SHOW CAUSE HEARING FOR HUSKER DAIRY (USR #820)
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and pump, tested, and will be used in the future as a back-up lagoon. Mr. Hoyer addressed odors
coming from the lagoons and concerns regarding run-off following the November 5, 1997, hearing.
Mr. Hoyer stated he has attempted to trench the conveyance ditch; however, the dirt falls back in
before concrete can be poured, and explained Tom Cope, Total Engineering Service, Inc., will sign-
off on the plans when the ditch is complete. He also stated Mr. Cope forgot to adjust his figures
to compensate for storm water run-off, but he recalculated the figures and reported the acreage
is adequate. In response to Commissioner Webster, Mr. Hoyer estimated the ditch to be 300 feet
long. Commissioner Kirkmeyer expressed concern over the length of time it has taken to come into
compliance. In response to Commissioners Kirkmeyer and Hall, Mr. Hoyer reiterated his engineer
reported there is adequate space to dispose of waste water and is aware that he might have to
pour the concrete himself in order to have the ditch completed in time. In response to
Commissioner Hall, Mr. Jiricek stated the conveyance ditch is the last item to be completed before
the final report can be submitted, and he explained the engineer only needs to make a few minor
adjustments to his waste water report to compensate for storm water. Commissioner Baxter
clarified the ditch must be completed by June 1, 1998, or the permit will be revoked. In response
to Mr. Hoyer, Commissioner Kirkmeyer clarified if he comes into compliance the hearing will still
be held, but the Board will dismiss it.
Kent Vance, surrounding property owner, stated he has seen significant progress at the dairy;
however, during February manure was temporarily piled near the sprinklers and run-off occurred
during mild winter weather, at which time he filed a complaint with the Health Department. Mr.
Vance stated the run-off came through the ditch and directly onto his property and he asked that
this be corrected. In response to Commissioner Webster, Mr. Vance stated his property is located
directly south of the dairy.
In response to Commissioner Kirkmeyer, Mr. Jiricek explained there is a designated manure
storage area several hundred feet north of the pivot facility and requested the operator address Mr.
Vance's concern. Mr. Hoyer stated a temporary dam was built when the lagoon was being
constructed to divert the run-off. He was not aware manure was used to construct the dam and
stated the dairy has hired a new manager since that time who is better experienced in this type of
situation. Mr. Jiricek clarified he visited the site following the complaint from Mr. Vance and
reported the dam was not made of manure; however, the dam did overflow and the grade from the
dairy runs onto the Vance property. In response to Commissioner Baxter, Mr. Jiricek stated the
problem was resolved when the temporary structure was removed. Responding to Commissioner
Kirkmeyer, Mr. Jiricek stated Condition#2 needs to be amended to include the word "final" before
project report and explained when the conveyance ditch is complete the engineer simply needs
to write a statement saying the ditch is complete and the dairy is in compliance. Commissioner
Kirkmeyer clarified for Mr. Hoyer that he has 14 days to complete the ditch and submit the final
report to comply with Condition #2. Mr. Jiricek stated the Health and Planning Department staff
are in favor of allowing a little more time if it will ensure the ditch is done properly. Commissioner
Kirkmeyer requested Condition #3 still be met as soon as possible.
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Commissioner Hall moved to continue the Show Cause Hearing concerning revocation of Special
Review Permit#820, issued to Husker Dairy% Gene Hoyer to June 15, 1998, at 10:00 a.m., with
the three conditions as submitted by staff, also to amend Condition #2 to submit a "final" project
report, and to amend Condition #3 to require that the applicant satisfy the concerns of the Health
Department within 10 days following this hearing. The motion was seconded by Commissioner
Baxter, and it carried unanimously.
This Certification was approved on the 11th day of May, 1998.
APPROVED:
I i
ATTEST: '' 1,/F' j / BOARD OF COUNTY COMMISSIONERS
" ` h ?'"' -4'%' WELD COUNTY, COLORADO
Weld County Cr 3..-,?•,. a EXCUSED
Suiit �� Constance L. Harbert, Chair
BY: td._tin :�9 _- �I' 8 A
Deputy Clerk�t(j11 Ng 1 t P<�" 2 j �1 �/
`_ r_r W. H. Webster, Pro-Tem
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eor E. Baxter %�_,,(L
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Dale K. Hall
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