HomeMy WebLinkAbout972441.tiff HEARING CERTIFICATION
DOCKET NO. 97-42d
RE: SPECIAL REVIEW PERMIT #1091 - FOR FINAL REVIEW AND APPROVAL OF A
COMPREHENSIVE MANURE RUN-OFF AND PROCESS WASTE WATER HANDLING
PLAN - HIRSCH DAIRY
A public hearing was conducted on November 19, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
Planning Department representative, David Sprague
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 6, 1997, and duly published October 16,
1997, in the South Weld Sun, a public hearing was conducted to consider the final review and
approval of a Comprehensive Manure Run-off and Process Waste Water Handling Plan submitted
by Hirsch Dairy under Special Review Permit #1091. At the hearing on October 1, 1997, said
hearing was continued to October 22, 1997. After determining the State Health Department
representative would not be able to attend on October 22, 1997, Lee Morrison, Assistant County
Attorney, discussed schedules and times with all parties and the Board informally determined to
continue the hearing to November 5, 1997. At said hearing of November 5, 1997, the
Comprehensive Manure Run-off and Process Waste Water Handling Plan was continued to
November 19, 1997, at 10:00 a.m. Mr. Morrison, made this a matter of record.
Chair Baxter indicated the Board was ready to hear rebuttal from the applicant regarding the
concerns raised in the previous hearing. David Rau, Paragon Consulting Group, Inc., represented
the applicant and stated the Hirsch Dairy is the most thoroughly studied dairy in the State, and
most comments were based on the mis-information given by Mr. Leaf, as heard in the November
5, 1997, hearing. Mr. Rau described his professional qualifications, as well as those of Rick Smith,
who assisted him with this project. Mr. Rau described the three levels or classifications of
operation under CAFO. The first classification handles the operation, design, and plan as based
on table values; the second requires agronomical analysis which measures the nutrients on site,
determines what amount is added and the amount taken off site; and the third approach, for much
larger feedlots, requires ground water monitoring. Mr. Rau explained the applicant plans to use
a combined approach, having the plan written based on table values, although operating on the
agronomics approach.
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Responding to Commissioner Kirkmeyer, Mr. Rau reviewed his specific experience and
qualifications in regards to CAFO and explained the east lagoon was not constructed within the
normal order. Typically he would present the application and, after receiving approval, would
implement the plan; however, due to the timing of State and Weld County Health Department
demands to implement, the applicant was required to begin early. Mr. Rau explained there were
two distinct plans which had to be implemented as scheduled with State and County Health staff
members. He also pointed out the east pond was designed and constructed only to handle
stormwater run-off and it has been dry most of the time since construction was completed. He
explained the reason for the change in the location was to get away from the diversion of the Smith
Lateral Ditch, which is actually a pipeline at this point. Mr. Rau said it was decided to place the
lagoon on the east side of the ditch, thereby saving the line from disruption. Mr. Rau disagreed
with Mr. Leaf concerning the size of the basin, stating the site is in a 25-acre basin, not the 31-acre
basin portrayed by Mr. Leaf. Responding to Chair Baxter, Mr. Rau explained the depth of the
groundwater in the area was determined and, after completion of the lagoon construction, borings
B1, B2, and B7 were taken. Mr. Rau presented the November 10, 1997, letter from Leaf
Engineering, marked Exhibit U, and reiterated there was no groundwater when B1 was bored to
7 foot. Mr. Rau stated that prior to construction a number of test pits were constructed in the
vicinity of the east lagoon, and the groundwater was consistently at a seven to nine-foot level in the
test pits. Since the lagoon is planned at a five-foot depth, Mr. Rau concluded there should be
plenty of space between the bottom of the lagoon and the ground water. Commissioner Kirkmeyer
questioned Mr. Rau further regarding the technical data received as test results.
Discussing the agronomic analysis which is intended to be used in the future, Mr. Rau explained
irrigation water, processed water, manure and soil samples will be taken for nitrogen analysis;
however, the report returned to the applicant only contains a recommendation of the amount to be
applied to a certain number of acres for a certain crop. Because of this process, the present
nitrogen level is unknown. Responding to further questions from Commissioner Kirkmeyer, Mr.
Rau stated there is no baseline and the dairy is currently applying manure to the fields. Mr. Rau
further reiterated the dairy is operating under allowed table values and it will switch to the
agronomic method when fully operational. Victor Sainz, Colorado Health Department, explained
the table values under CAFO, which allows a certain amount of water and manure for a certain
amount of crop.
Responding to questions from Chair Baxter, Mr. Rau said the west pond was tested after
construction. He reported that State and County Health staff say it is in conformance with CAFO;
however, the testing was done "in situ", or in-place testing. Mr. Rau identified the location of the
eight water samples taken from the west lagoon and indicated there was approximately 6 inches
of water in the lagoon at the time of testing. He presented a photo of the east pond, marked Exhibit
V, and discussion ensued about whether the setback found in the 1994 Uniform Building Code
would apply in this situation since Mr. Morrison indicated not every excavation fits the definition and
a number of exemptions are given. Commissioner Kirkmeyer further questioned whether the west
pond still leaks, noted the permeability is not in conformance with CAFO, and the dairy is
contaminating the water. Mr. Rau argued that the plan meets CAFO, which allows 1 X 10-5 cm/sec.
Mr. Rau also pointed out that any rainfall used to determine rates must also calculate saturation,
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indicating not all rainfall runs off the property. Mr. Rau presented his water budget, marked Exhibit
W, which shows the proper levels. Further discussion ensued regarding whether CAFO
requirements are adequate or whether the Board should request more stringent requirements. Mr.
Morrison indicated CAFO constitutes protection of water and the Zoning Ordinance does not go
beyond that; in fact, he questioned whether a local governing body may require more. Mr. Morrison
also indicated the first level of CAFO allows the smallest application and any level would comply
with the Zoning Ordinance. Commissioner Kirkmeyer stated that if there is contamination of
groundwater which is going to neighbors, the Board must determine whether that meets the
requirements of the original resolution which requires the applicant to demonstrate compliance.
John Chilson, attorney for the applicant, stated this is not the proper forum for determining litigation
over whether there is ground water contamination. He explained he had suggested returning to
the Board for approval of this plan last December because the Board expressed concerns about
whether the applicant was meeting the regulations. Mr. Chilson further stated he has shown that
CAFO is being complied with, and both the State and County Health Departments recommend
approval. He reiterated his concern that groundwater pollution litigation should legally be dealt with
elsewhere. Responding to Chair Baxter, Mr. Rau indicated the ponds are able to control the
25-year storm water run-off. Mr. Rau presented five photos, marked Exhibit X, and responded that
there is a tailwater pond at the end of the ditch during the irrigation season; however, it is not
intended to store water. Mr. Chilson then questioned Mr. Rau, verifying that all conditions and
requirements have been met. Mr. Jiricek raised the question of whether Condition 2A(2) requires
both the east and west ponds to meet 1 X 106 cm/sec or whether the new east pond is at 1 X 10-5
cm/sec, which meets CAFO requirements. Upon questioning, by Mr. Morrison, Mr. Rau indicated
it could be made to meet 1 X 10-6 cm/sec at additional cost.
(Recess)
Upon reconvening, Chair Baxter indicated all five Commissioners are present. Mr. Rau indicated
the applicant has agreed to make the east pond meet the more stringent requirement of 1 X 10-6
cm/sec. Mr. Chilson further questioned Mr. Rau about whether the other criteria in the Board's
Resolution have been met. (Changed to Tape #97-31 during Mr. Chilson's questions.)
Victor Sainz, Colorado Department of Public Health and Education, answered questions from the
Board and stated that, although the State regulates stockpiling at containment facilities, there is no
jurisdiction once the manure is moved off-site, and it is the responsibility of the property owner to
make sure it does not contaminate water. Responding to Commissioner Kirkmeyer, Mr. Sainz said
he did have time to review the plan and he agrees that it does conform to CAFO; however it is the
Board's discretion whether to include his three comments as conditions in the plan. Further
responding to Commissioner Kirkmeyer's questions, Mr. Sainz stated he is not concerned about
the testing done around the perimeter of the west lagoon, since it is most often the sides that leak.
He noted that with manure on the bottom of the pond it will become more impenetrable and the
bottom of the pond will only get better. Mr. Chilson then summarized the applicants request and
stated they have supplied everything that was stipulated in the Resolution. He also verified they
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will operate under the criteria established by the Weld County and Colorado State Health
Departments, as well as the Department of Planning Services.
Responding to Commissioner Kirkmeyer, Mr. Jiricek indicated Mr. Sainz' comments have already
been included in Development Standard #17 and Conditions of Approval address the construction
and post-construction reports; however, the 45-day notice would have to be added. Responding
to Commissioner Harbert, Mr. Hirsch agreed with a March 3, 1998, deadline for completion of
construction and submittal of post-construction reports. Mr. Morrison indicated the plan allows the
east pond at 1 X 10-5 cm/sec, if the Board desires 1 X 10-5 cm/sec, it should be an amendment to
the plan. After further discussion, Commissioner Harbert moved to approve the Comprehensive
Manure and Waste Water Handling Plan submitted by the Hirsch Dairy for Special Review Permit
#1091, based on the recommendations of the Planning staff, including four Conditions of Approval
as follows: 1) As stated in the memo from Trevor Jiricek dated September 29, 1997; 2) Stated as
comment #1 in the October 28, 1997, letter from Victor Sainz, Colorado Department of Public
Health and Environment; 3) The applicant shall complete construction and submit to the Weld
County Health Department post-construction reports on the east retention pond, tailwater pond,
and any associated structure by March 1, 1998; and 4) The plan shall be amended to define the
approved seepage rate for all ponds to be 1 X 10-5 cm/sec. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
This Certification was approved on the 24th day of November, 1997.
0 / APPROVED:
-
ATTEST: ,-4'_ !- )'%f ° BOARD OF COUNTY COMMISSIONERS
c, aft ', WELD UNTY, COL RADO
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Weld Co nt �} i r` C , (d„
BY: 24„..�.i,�tver ,*�'l/ Ge . Baxter, Chair
Deput��J c - .�rd moss wr
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nstance L. Harbert, ro-Tem
TAPE #97-30 a-31
Da . all
DOCKET#97-42
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arbara J. Kirkmeyer
W. H. Webster
972441
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EXHIBIT INVENTORY CONTROL SHEET
Hirsch Dairy, USR#1091,
Exhibit Submitted By Exhibit Description
8/20 A. Clerk to the Board Notice of Hearing
10/6 B. Clerk to the board Continuance Notice of Hearing
C.
10/6 D. Lee Morrison, Assistant County Attorney Memo-Conditions of approval
Recommendation
10/6 E. Trevor Jiricek Memo - Recommendation for
approval
10/6 F. Hirsch Dairy- Paragon Consulting Group Manure and Wastewater
Managment Plan
11/5 G. Leaf Engineering November 10, 1997, Manure
and Wastewater Managment
Plan review sent to Tom
Hellerich
11/5 H. Leaf Engineering (Supplemental) November 10, 1997 Manure
and Wastewater Managment
Plan review additions sent to
Tom Hellerich
10/29 I. Pam and Jack Cabala Letter of Opposition
11/5 J. Trevor Jiricek State Health Department
review of Manure and
Wastewater Managment Plan
11/5 K. Ken Lind Woods Lake Reservoir
11/5 L. Ken Lind Map
11/5 M. Ken Lind Six Photographs of manure
11/5 N. Ken Lind Woods Lake letter written by
Lee Morrison
11/5 O. Tom Hellerich Photograph June, 1997 water
11/5 P. Leaf Engineering November 5, 1997, report to
Tom Hellerich
11/5 Q. Leaf Engineering 1-15 Overheads
11/5 R. Leaf Engineering #5 Retention Pond - Backhoe
Recompaction
11/12 S. Tom Hellerich Letter requesting information
11/19 T. Tom Hellerich Letter dated 11/17/97
11/19 U. Paragon Consulting Group Overhead
9'72441
Exhibit List - Hirsch Dairy, USR1091
Page 2
11/19 U. Paragon Consulting Group Overhead
11/19 V. Paragon Consulting Group E-Pond Photo
11/19 W. Paragon Consulting Group Water Budget Table overhead
11/19 X. Paragon Consulting Group 5 Photos
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF NOVEMBER, 1997:
DOCKET#97-42 - HIRSCH DAIRY
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NA ND ADDR SS (Please include City and Zip Code) HEARING ATTENDING
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