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Home My WebLink About981040.tiff RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT#820 - HUSKER DAIRY% GENE HOYER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on June 15, 1998, a Show Cause Hearing was conducted to consider revocation of Special Review Permit#820, issued to Husker Dairy % Gene Hoyer, 33440 Weld County Road 55, Kersey, Colorado 80644, and WHEREAS, Gene Hoyer is the owner of the facility located on property described as part of the SW'% of Section 15, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at said hearing of June 15, 1998, the Health and Planning staff advised the Board that the facility is in compliance with the Conditions listed on the May 6, 1998, Resolution, Confined Animal Feeding Operation Control (CAFO) Regulations, Special Review Permit#820, and the Weld County Zoning Ordinance, and recommended the Board close the Show Cause Hearing, and WHEREAS, after hearing all testimony presented, the Board deemed it advisable to close the Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning revocation of Special Review Permit#820, issued to Husker Dairy do Gene Hoyer, be, and hereby is, closed. 981040 PL0421 e:, P; e Q; /Moyer SHOW CAUSE HEARING - USR#820 - HUSKER DAIRY C/O GENE HOYER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of June, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELQ COUNTY, COLORADO ATTEST: I /1,�f`. 11' iB- 5:.-Ga e � i Z2a7 J ''` ' /Constance L. Harbert, Chair Weld County Clerk . : : _I 9L Q,Nj (it(to W. H. We st r, o-Tem BY: •_ -A< < a,_t�C.!sr.se f Deputy Clerk tN a , lP! �_1�� orge E. axter APP ORM: Dale K. Hall ount At rney 1- t2-Gf Barbara J. Kirkmeyer 981040 PL0421 EXHIBIT INVENTORY CONTROL SHEET Case U.S2 0 2 Show --1-\Qco,L. iu( — uU 'ec (05/O6,/9b) Exhibit Submitted By Exhibit Description A. U o , af.iA/in B. (kg— 7l R,v -- J / Tin n 4- S cJrni^2 D. E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. 981040 41\(\ MEMORANDUM TO: Board of County Co's ssioners DATE: June12, 1998 FROM: Trevor Jiricet�and Julie Chester WI I C SUBJECT: Husker Dairy, Recommen•atio• COLORADO� The Health and Planning Department's recommend that this violation be closed. We have reviewed all submitted materials and observed the facility on Thursday, June 11, 1998. The facility has complied with all conditions of the May 6, 1998 Resolution and is in substantial compliance with its Special Review Permit (#820), the Confined Animal Feeding Operation Control Regulations, and the Weld County Zoning Ordinance. tj\1027 981040 rit- tAIPPII MEMORANDUM TO: BOARD OF COUNTY DATE: May 5, 1998 We COMMISSIONERS COLORADO FROM: Trevor Jiricek and Julie Chester SUBJECT: Husker Dairy, Recommendation The Health and Planning Departments have reviewed the materials associated with this Show Cause hearing and have recently observed the facility. Four(4) deficiencies have been observed. They are as follows: 1) The facility has not complied with condition#3 of the Resolution(attached) from the previous Show Cause hearing (November 5, 1997). This condition required that the facility submit a final project report following the construction of all components of the manure and waste water management plan. The report was to have been submitted five (5) business days prior to this hearing. 2) The facility has not addressed the Health Department's concern regarding the ability of the facility to dispose of process waste water generated by storm events. This was requested in a letter dated November 12, 1997 (attached), and again in a letter dated March 2, 1998 (attached). 3) As of our site visit of May 5, 1998, the conveyance structures along the west end of the southern facility pens have not been constructed as proposed in the November 1997 Manure and Waste Water Management Plan. It should be noted that conveyance structures are in place. However, they may not currently be in compliance with the Confined Animal Feeding Operation Control Regulations (CAFO Regulations). 4) The conveyance structures along the west and south ends of the northern pens have been constructed but do not appear to have been adequately maintained. We observed that they have been partially filled with dirt and manure in several locations. It does not appear that they currently comply with the CAFO Regulations. With exception to the above deficiencies, the facility has made significant progress. Some examples of the facility's progress are summarized below: •submittal of a manure and waste water management plan -construction of a new retention facility 981040 Board of County Commissioners May 5, 1998 Page 2 •testing of an existing structure to demonstrate it is adequate to hold process waste water •construction of some of the necessary conveyance structures •submittal of a post construction report(dated February 25, 1998) which demonstrated that the recently constructed retention structure was constructed in accordance with the CAFO Regulations and the facility's manure and waste water management plan. In addition, in accordance with condition#1 of the November 5, 1997 Commissioner Resolution, the facility constructed a temporary holding facility in order to prevent any discharges from the facility. This generally prevented any discharges from the facility. It should be noted that the Health Department did receive several complaints concerning discharges this past winter. However, the majority of the complaints were received within the weeks following the November 5, 1997 hearing. As a result, the Health and Planning Departments are recommending that this Show Cause hearing be continued until approximately June 1, 1998, or some other mutually agreed upon date. The continuance would allow the facility to address the four(4) deficiencies described above. In addition, we recommend that the Board consider making the following conditions be a part of any motion for continuance: 1) The facility shall construct all features of the facility's manure and waste water management plan, as described in the November 1997 document. This should also include a maintenance schedule that demonstrates that all features will be appropriately maintained. The maintenance schedule must be approved by the Health Department. 2) The facility submit a project report following the construction of all components of the manure and waste water management plan. The report shall be submitted a minimum of ten (10)business days prior to the scheduled continuance. The report shall be reviewed and approved by the Health Department. 3) The facility shall satisfactorily address the Health Department concern as described in the November 12, 1997 letter. In the event the facility does not conform to the above conditions, the Health and Planning Departments are in concurrence that we will recommend for revocation at the next hearing. 981040 Exmoir c as ac -cfrg (0/ 5f Utie p ito 981040 3 eo1/2drete on4v-_,ei p;e CC eleI ,`rl £ece.» dev. Cos* 13700 x s , 496 700 far neers L]( (7Y zg'14ere.',f ) 'id; 000 COGS' OT ,Q;o`i' toot k Aar /a ye2,1 comp/dei ,%LA lovii coo Caste a! r olimb/ n, a L�avalue/ di.tl �GJOtkr pomp I ;date A ;V /rr;y4/inj 4 t& re, Cr /ayoon 1.1., c4`, Coolie ffl det:i e7300 drYf✓t•cl ot,7j CO57t i._ //�� / 4.#flO /4 Ate CC%c rtiii C-onve cc,iec `T,ta�ede /L b et r`r ,' f ex O. "o . II Peel ea,bet c04cpj` Lid 01. k and caSilt yc tells 4� CO., ✓Cy.nees el-1a Cc.yp/e 4J A'•, &CeM be ' `3300 7 ( filed;),6 1 ©ate to C,Oncrt7�L. COP uCI a.nc,o AV, rt'Pulled" 4 EXHIBIT is 981040 IMPROVEMEN1 CG and S co., inc. PLO 09 �t aka JI, S is,u.rtu si ot Pete & D.L. Concrete Co. 154E 4TH AVENUE GREELEY, COLORADO 80631 [303J 353-9573 Mr. Gene Hoyer Husker Dairy May 6, 1998 Gene Hoyer was in our office, contacting us, in January of 1998 asking us to do a concrete conveyance ditch job at his dairy, 33450 WCR 55, Gill CO. Gene was in our office on two more occasions to check on the status of the job. Due to the timing of this project, and spring being our busiest season, Pete & D.L. Concrete is unable to do this project because of prior commitments. Sincerely, CTLetenL1/4_, Regina Yackey IXHIBIT I . 1 CURB AND GUTTER - DITCH LINING - FEED BUNKS NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4225, or fax (970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. PERMIT HOLDER DOCKET NO. 97-45 Husker Dairy do Gene Hoyer, Owner DATE: November 5, 1997 P.O. Box 69 TIME: 10:00 a.m. Broken Bow, Nebraska 68822 REQUEST: Hearing to SHOW CAUSE for revocation of USR #820 LEGAL DESCRIPTION: Lot B of amended Recorded Exemption #655, being further described as part of the SW% of Section 15, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado ISSUES: Whether or not the Permit holder is in compliance with the following Development Standards: 1. Development Standard#2: The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Weld County Health Department and the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and the facilities shall be constructed and maintained in accordance with the State Health Department's Guidelines for Design of Feedlot Runoff Containment Facilities and standards stated herein. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. 2. Development Standard #3: Land application of wastewater from the retention basis shall be onto farm land for irrigation and not discharged into State waters. 4a (EXHIBIT 3. Development Standard #4: All storm water and dairy operation runoff from the I portion of the site which includes the house, barns, livestock pens, feed storage 981040 area, and labor housing shall be controlled and confined within the boundaries of the subject property. This Standard shall not apply to the portion of the site which will be used for pasture and crop land. 4. Development Standard #5: The applicant shall comply with all State Health Department requirements for construction and operation of a dairy. 5. Development Standard #6: The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies or insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. 6. Development Standard #16: All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 7. Development Standard #17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 8. Development Standard #18: The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 9. Development Standard #19: The property owner or operator shall be responsible for complying with the Supplementary Regulations of Section 45.1 of the Weld County Zoning Ordinance. 10. Development Standard #22: The property owner or operator shall be responsible for complying with all o the foregoing Standards. Non-compliance with any of the foregoing Standards may be reasons for revocation of the Permit by the Board of County Commissioners. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 13, 1997 PUBLISHED: October 16, 1997, in the South Weld Sun 981040 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 5th DAY OF NOVEMBER, 1997: DOCKET#97-45 - HUSKER 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. NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING tyroy 1..C'Aki 33389 WCh .C'7 , G, 1) CD 5c 6 2y fir'u erLarsri�cv-tutsn J� aI w,, 1-Ic a 77/ Go (' RC-) 6i' ° - Ito /3 fl(is!' F .�/^';k, d gy- LicefrL_ c9 7533 N/ 'rvay ,?7.2, 1/l Cn Slzy /lasr/Q C, ,r:d-,- 0.24 �)e tyl.�' /aS¢l/e , L`a rY_7lo�f�o�.S�/'�i,,-) MTh (OIL 33to 5-it sr 6/4-A, Co go6zo ,fa r_ bA,� ' r- A ) , ,� J)3( S 2J Nome 6.:^6in / ., , Vr d, fief-.2_2 1/04Q( „-- y /v) ,, , Spy) it,s! ' 6-� G1l/ ("0 2�ti y t / , 981040 EXHIBIT INVENTORY CONTROL SHEET Case U -4 Sao al) 4L(pe_ _ 4Wk9 Z2r/ Exhibit Submitted By Exhibit Description A. (1/24 VD /Y, \ a 0 Vdr B. .4 /2//22-Z9. ig // /F , d,/772Lc/ Cyti C. D. E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. 981040 The South Weld Sun Page 16 STATE OF COLORADO ) )s.s. NOTICE COUNTY OF WELD Pursuant to the toning laws a the State a Colorado and.be Weld Comity Zoning Ordinance,a public having will be held In the Chambers of this Basch of County Ruth Pelton-Rob as mans err of CoMmisaloners of Weld'County, Colorado, Weld County Y r g Centennial Cobb, 015 10th Street, Prat Floor, Greeley, Pelton Publishing Company LLC, being Colorado.at the time specified. AN persons in any manner iMbduly sworn, states that it is earl esin the matter are •queaaito at tend and may be publisher of the South Weld Sun, a week] Should any Iterestedpartydeakahe presence of•court reporter to make a record of the proceedings,in newspaper published in Keenesburg in adektbn a the aped record which MN be kep during the said County and State; that said hearing,the Clerk to the Board's Office shed be advised In newspaper has a general writing .alonatleea rave ays price to the hearing. in said County and has been r•quM ga m"°aW""n,poa 'aNb.bane byM continuously and uninterruptedly Please contact the Clerk lo the Board's Office at phone (970) 356-4000, Exteaan 4225, or fax published therein, during a period (970)352-02e2 prior to the day a the hearing so that of at least fifty-two consecutive reasonable a000mmodatione can be made If,In aocor.noe with the Americans with Disaaltles Ale,you require special weeks prior to the first publication accommodations in order to participate in ma hearing as a of the annexed notice; that said result a•disability. BE IT ALSO KNOWN that the text and maps newspaper is a newspaper within the may be examined in the office of the Clerk to the Board of meaning of the act of the General Corny Commissioners. located in the Weld County Assembly of the State of Colorado, Centennial Center, 916 t0h Street, Third Roo, Greeley, entitled "An Act to regulate the printing of legal notices and DOCKET MO 97es advertisements, " and amendments PERMIT HOLDER: Husker Dory thereto; that the notice of which ao Gene P0.Box 60 the annexed is a printed copy taken Broken Bow.Nstireyta 61022 from said newspaper, was published DATE: November 5,1997 in said newspaper, and in the TIME: 10:00 a.m. regular and entire issue of every REQUEST: Hearing to SHOW CAUSE for revocetionor USR number thereof, once a week for x820 successive weeks; that said LEGAL DESCRIPTION: Lot B of. amerced Recorded notice was so published in said Exemption #655, berg further described as part of the SW.of newspaper proper and not in any Sedan 15, Township g North, supplement thereof, and that the Range 64 West al the 6th'P.M., first publication of said notice Weld County,Colorado as afor said, was on the ) 1. day ISSUES: Whether or not the Permit holder is in of , 1997, and the last compliance with the blowing Development Standards: on the l day of U a , 1997 . 1. Development Standard*2:The applicant shall be responsible for implementing and PELTON PUBLISHING COMPANY LLC maimalningthenmoff retention and containment recii5aa in aocerdance with the engineered (,f/� report as approved by the Weld County Health BY: .,0 - Department and the Colorado Department of Ruth Pelton-Roby Manager Health, Water Quality Control Division. The r runoff containment shall be separate from the waste water disposal system,and the facilities Subscribe and sworn t_o, 17efore shalt be O0^•t^ and maintained In /�ryp�p�, accordance with the SW.New Department's-1/l me this / day of L/ , 1997 Guidelines for Design of Feedlot Runoff Containment FeoiEae and Standards stated herein.The eppteant IOW be reaponeb a for any additional requirements Issued by the Colorado Department or Health,Water Quality �/ Control Division. ti pp ,64 W 2. Development Standard II3:Land application of ice! r'•`• .• * 'et\ �, Expires 12-16'2C weat.weler from the retention basis shall be (u Z i Comtnisslan onto farm and or irrigation and not discharged d� : NpTA `'m 1 into State waters. ¢ . ®� '2] l a : ,c .:o F Pamela R. Baumgartner s+raa:. 21st. p 5945 WCR 69 t 4�,,. .Qp Keenesburg, CO 80643 ••F4 Cd�^of° nTtnat"w 981040 3. Development Standard♦4:AN storm water reel dairy apsraibe neap from the portion of SW .sat Sad.lasts.the bass,berm,*mete* pens. feed storage area, and labor housing shall.be controlled and confined wi1Nn Bs boundaries of the subject property. Tile Standard shall not apply to the portion of Pie site which well be used for pasture and crap land. • 4 Development Standard#5:The applicant shell comply with all Stale Health Department requirements for construction and operation of a dairy 5. Development Standard#6'' The applicant shall remove,handle,and stockpile manure from the livestock confinement area in a manner that MI prevent nuisance conditions.The manure piles shall not be allowed to exist or deteriorate to• condition that facilitates exoeesivo odors,flies or insect pests, or pollutant runoff. The manure storage site shalt have a web/Might surface • which does not permit seepage or peroolaienn of manure polutants into the ground. 6. Development Standard#16:MI construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance, 7, Development Standard#17.The property owner or operator shall be reepensibte for complying• with the Design Standards of Section 24.6 of the Weld County Zoning Ordinance. 8. Development Standard Mt The property owner or operator shall be responsible for complying With the Operation Standarde of Section 24.6 of the Weld County Zoning Ordinance. 9. DevelopmentStandard#19:The property owner or operator shall be responsible for complying with the Supplementary Regulations of Section 45.1 of the Weld Ccunty Zoning Ordinance. 10. Development Standard#22:The property owner or operator shall be responsible for complying with all o the foregoing Standards. Non- . compliance with any of the foregoing Standards may be reasons for revacaton of the Pam*by the Board of County Commissioners. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO • DATED: August 13,1997 PUBLISHED: Oatabr it 1M7,M the Sarah Weld Sun • �.� � ' t CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #97-45, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 15th day of October, 1997. Husker Dairy William and Ruth Howard Go Gene Hoyer, Owner 26797 Highway 392 P.O. Box 69 Gill, Colorado 80624 Broken Bow, Nebraska 68822 Jerry Sidwell David and Shirley Dewey 28491 WCR 64% 26248 WCR 66 Gill, Colorado 80624 Greeley, Colorado 80631 J.H. and Beverly Anderson Gy / 33741 WCR57 Gill, Colorado 80624 D uty Clerk to the Board Alec Leroy and Janice Leavitt 33389 WCR 57 Gill, Colorado 80624 Edward and Judith Tergeson 27533 Highway 395 Gill, Colorado 80624 Kent and Cynthia Vance 33020 WCR 55 Gill, Colorado 80624 Donnie and Victoria McLain 33899 WCR 55 Gill, Colorado 80624 Frances Lieser 33105 WCR 55 Gill, Colorado 80624 981040 iI•v\\ 47, MEMORANDUM TO: Carol Harding September 5, 1997 COLORADO From: Julie Chester, Zoning Compliance Officer SUBJECT: Surrounding Property owner-Husker Dairy 1. David and Shirley Dewey 6. Donnie and Victoria McLain 26248 WCR 66 33899 WCR 55 Greeley, CO 80631 Gill, CO 80624 2. J.H. and Beverly Anderson 7. Frances Lieser 33741 WCR 57 33105 WCR 55 Gill, CO 80624 Gill, CO 80624 3. Alec Leroy and Janice Leavitt 8. William and Ruth Howard 33389 WCR 57 26797 Highway 392 Gill, CO 80624-9516 Gill, CO 80624 4. Edward and Judith Tergeson 9. Jerry Sidwell 27533 Highway 392 28491 WCR 64 %z Gill, CO 80624 Gill, CO 80624 5. Kent and Cynthia Vance 33020 WCR 55 Gill, CO 80624 SERVICE,TEAMWORK,INTEGRITY,QUALITY 4 IX N#S It 981040 n r. DATE: October 30, 1997 VIOLATION NUMBER: VI-9700096, USR-820, ZCH97-002 '' NAME: Husker Dairy, Gene Hoyer, Owner and Rick Hawley, Manager ,€ ADDRESS: 33440 WCR 55, Kersey, CO 80644 LEGAL DESCRIPTION: SW4 of Section 15, Township 6N, Range 64W, Exc Beg SW cor of Sec thence NO1 D12'E 378.93' N88D45'E 524.66' S391.52' N89D51'W 525.96' to beg Lot B Amended Rec Exemption RE-655 Exc UPRR Res, Weld County, Colorado PARCEL NUMBER: 080115000054 CASE SUMMARY: May 1997 through July 28, 1997 See previous case summary August 1, 1997 Telephone conversation with Tom Cope, Engineer for Husker Dairy August 4, 1997 Telephone conversation with Gene Hoyer August 11, 1997 Memorandum from Health Department August 11, 1997 Inspection of the property by Julie Chester, Zoning Compliance Officer and Trevor Jiricek, Weld County Health Department. August 13, 1997 Probable Cause Hearing for Husker Dairy October 29, 1997 Inspection of the property by Julie Chester, Zoning Compliance Officer and Trevor Jiricek, Weld County Health Department. 981040 DATE: July 30, 1997 VIOLATION NUMBER: VI-9700096, USR-820, ZCH97-002 NAME: Husker Dairy, Gene Hoyer, Owner and Rick Hawley, Manager ADDRESS: 33440 WCR 55, Kersey, CO 80644 LEGAL DESCRIPTION: SW4 of Section 15, Township 6N, Range 64W, Exc Beg SW cor of Sec thence NO1 D12'E 378.93' N88D45'E 524.66' S391.52' N89D51'W 525.96' to beg Lot B Amended Rec Exemption RE-655 Exc UPRR Res, Weld County, Colorado PARCEL NUMBER: 080115000054 CASE SUMMARY: May 28, 1997 Initial complaint received and referred to Julie Chester, Zoning Compliance Officer. May 25, 1997 Initial inspection of property by the Weld County Health Department. Property is not in compliance. May 28, 1997 Letter sent to Husker Dairy from Trevor Jiricek, Weld County Health Department. June 5, 1997 Initial inspection of property by Julie Chester, Weld County Zoning Compliance Officer. Property is not in compliance. June 9, 1997 Letter sent to Husker Dairy from Department of Planning Services regarding violations of the Special Review Permit (USR-820). June 9, 1997 Fax sent from Julie Chester, Department of Planning to Trevor Jiricek, Weld County Health Department. June 10, 1997 Letter sent to Husker Dairy from Trevor Jiricek, Weld County Health Department. June 10, 1997 Telephone conversation between Julie Chester and Gene Hoyer. June 13, 1997 Meeting with Julie Chester, Gloria Dunn, Ed Stoner, Trevor Jiricek, Gene Hoyer and Rick Hawley at Department of Planning Services. June 17, 1997 Letter sent to Husker Dairy regarding a time frame to bring the property into compliance. June 17, 1997 Letter received from Kent and Cindy Vance, adjacent property owners to Husker Dairy. June 18, 1997 Fax sent to Trevor Jiricek from Julie Chester. 981040 June 20, 1997 Letter received from Rick Hawley, General Manager of Husker Dairy. June 24, 1997 Fax sent to Trevor Jiricek from Julie Chester. July 17, 1997 Telephone conversation with Gene Hoyer. July 17, 1997 E-mail from Trevor Jiricek to Julie Chester. July 23, 1997 Telephone conversation with Cindy Vance complaining about runoff problems from Husker Dairy. July 28, 1997 Telephone conversation with Gene Hoyer. July 28, 1997 Letter sent to Husker Dairy informing them that the case will scheduled for a Probable Cause Hearing with the Board of County Commissioners. 981040 i • 2493029 B-1548 P-667 OS/28/96 12:35P p0 1 OP 2 RAC DOC Weld County CO Clerk 6 Recorder 11.00 160.67 ' RAME a.ry WARRANTY OECD FRAME 0056 THIS DEED, Made this 24th day of Nay, 1996 between Yellen. 0057 Nypke Vella and Cathleen Naomi Vella of the County of Weld and State of Colorado, grantor, and Hunker Dairy, Inc., • Colorado corporation • corporation organised and existing under and by virtue of the laws of the State of COLORADO, grantee, whose legal address is P.D. Box 69, Broken sow, Nt 68a22 winemin g, That the greater for tad le eoneideretian of the sum of m NILLIem eix mamtn eft TTmUndlm E s OST ®C Pali, In AND 58/100, (61,604,766.85) D.wspa, the receipt and euLLLLieon .f Walsh is hereby acknowledged, has tented, beryalsed old and conveyed, and by these presets Men grant, bargain, sun, mosey sad together with tbeLap over! !ts if any,eeNta sedine./ and being la the Oswigns forever all the alt of wild and togetherroperty with ado. deserib Mats of MltraM, Mewrlaed as fellows' la SKI IXMISIT "A' ATTACHED Minn AND NADA A PUNT DAAMOP D i1 eel py also known by street and number as 32660 NCR 05S, 0111, Colorado 00626 TOOnTRI with all and singular the hereditaseets and appntteeaaces therewet. belonging, or is anywise appertainis9 and the rem and reversion remainder ad runners, rents, S and profits thereof, and all the saute, right, title, land clan b bargained premises,demand iir of the with the beereditaeeateraed apinrteeniei. of, is TO Ines Alm 20 ROTA the said premises chess bargained an described, with the appurtenances, sato the grantee, its succeseure and assign forever. Sad the greater, for himself, his heirs ad persoeal repreaeatetives des oovemet great, bargeln, and agree to and with the grantee, its successors ad enigmas that at the tin of the eneealing an delivery of thew pprreents, he is well seised of the premises shove !s conned, has go , sere, veriest, ea t, absolute andindefeasible estate of inerits, law,.lake single, and has good right, full power ad lawful authority to great.__ and fare as aforesaidF n d ____ __ _ aregfre sell sea envoy the ors la nanny, salons.Heir to leer -_ _ are fleeted near fan all d former an ens o grants, he{g�d�oe♦ arts, eanwYrare an restrict/ens of whatever Wad er state never, eeeept general taxes for 1996 and subsequent yearn except easements, reatrictloee. covenants, conditions, and rights of way of record, if any; The grantor shall sad will Meehan AND ,/slew Our® the ebent-hesgaisd Premises •S\\t sads sa the quiet s peaceable per in of the groans, its eeeSad uPs eeseere 6a , N all an every venom er Parente lawfully elaiein the noels er ass pert then el. The siagelar mann shall laolade the plural, the plural the singular, ad the use of any geder shall be •pppplisahls he all Were. IN Winne NssiOOP, In greater has assented this deed ea the dote set fertl eheve. it Yellen Cathleen Naomi Pei r STATE O/ COLORADO ) ) is. The foregoing instrudent Was acknowledged before as County of Weld ) this 24th day of Nay, 1996, by Wypks Callen and Cathleen Naomi Yellen My crlselon expires 10-17-93 Witness my hand end official seal. -yr�V 1 . (30.. 2,C,_ jaQ.pr Ioi,.% C , 1113 Tenth Avenue No. ►U6LIC No. 952. Rev. 3-es i MELINDA i '') Greeley, COLORADO S0631 CEAEt6LEN //et IOf CO--- 981040 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - o ESCROW NO.: 8037920 FRAME �_T DATE May 23 1996 .I ""�'••• "EXHIBIT A" 0 0 58 t,tnumt LEGAL DESCRIPTION tatltttW Tilts DI Dairy Lot B, Amended Recorded1019s Exemption No. 1954985, bei655, rportion February whom.2. 1984 in Book 1019 as Reception No. 1954985, being a portion of the man he 8W1/4 of Section 15, Township 6 North, Range 64 Welt of the 6th P.M., tmjth county of Weld, State of Colorado Comer 401 S. 2493029 P-3548 P-667 05/28/96 12:35P PG 2 OF 2 `Yroc” Ia.ety rr I! Lot 0, 1984 i South. P.M., :i ror M n :M nT inn'- U S Doi s. ri swhv EellitxN Luaua1luttf l 4lis• said Nola N.IMr m mom CUnp 3. th wbmt4 RMr 1' oast Ban) . F9 "111A'Mt 666616 pimgmp M.TO 7,•U 981040 eecAdditional USER DEFINED Assessor Parcel Informationoeeeeeeeeecscreen No : 016£ ° Parent Parcel No q a Book No. 1548 U ° Reception No. 2493029 ❑ U Document Type Warranty Deed ❑ Ownership Type ❑ Recording Date 05/28/1996 May 28, 1996 ❑ ° Zoning Dist ❑ Legal Lot ❑ U Prior To Zoning ❑ U Prior To Zoning Year ❑ ❑ > 80 Acres ❑ a Recorded Exemption ❑ U Rec Exemption Permit ❑ ❑ Rec Exemption Approv n a a aeeeeee6ee6eeeeeeeeeeeeeeeeeeeeeeeeeee6eeee66eeeeeeee6eeee66eeeeeeeeee6eeeeeeee1 <F7>Update, cESC>Cancel 981040 WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION n CITIZEN INQUIRY FORM ( ) 1400 N..17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312p // �EPHONE 0 OFFICE FIRST INQUIRY? ❑ YES9. DATE: /spy/�'"/� NAME: 0/ �ed4 P 7-144.- _c PHONE: 7 * - 5d - 33g� ADDRESS: 3 3 D SS V'T --9"*-(Z�9 TYPE OF INQUIRY: Q ' t '��c L i ❑ MHZP ❑ SKETCH PLAN 0 U MINOR SUB SKETCH PLAN ❑ ZPMH 0 PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT ❑ RE ❑ FINAL PLAT ❑ ZONING ❑ AMENDED RE ❑ RESUBDIVISION 0 ADDRESSING ❑ SE 0 FHDP ❑ BUILDING PERMIT ❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS ❑ SITE PLAN REVIEW ❑ USR ❑ HOME OCCUPATION ❑ REZONING ❑ AMENDED USR ,p-)0TOLATION ❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER ❑ PUD DISTRICT 0 USR MAJOR FACILITY ❑ ❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE t] PERSONNEL ❑ Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges ulie Chester ❑ Scott Ballstadt ❑ Kerri Keithley ❑ Ed Stoner ❑ Roger Vigil C David Sprague ❑ Johnny Roberts ❑ Jeff Reif ❑George Carroll ❑ Dennis Renley ❑ Monica Daniels-Mika ❑ ITEMS DISCUSSED:In / n l XJ- 1t , aIn,�.. i-->C?( i 40„t c 47! - /0 vJ . .?) -l'yt_tint iia.t meJ 47 ` 7li 44 1t a- ,40 4 �y .t -3 - - t tg CA tI/ a .c,c. 61-G. 7�� r J c et—evi'�V e e �, 6 /. 30 71,4,n) �fLi a / /I.4 7 J .4 (ALE) JLCQ ‘ni(-1) V F)(l{ o/ L 4e L?1 cps. , (1. 1-0 We en-C 57%i :107 1144-4 C,JI O CI, 9' r Z f',L--ia t,/Jt fi (Av t c Lv L (})Le-< Q S IS ' i till(J-4C .(A) ncL? g2 U U /Oa . �r< �S { i / D a .. 'It/ C oc oy met/w/� O � �l'a, Time Spent_ cito Staff Memb is lnifials citizen 981040 WELD COUNTY DEPART.IINT OF PLANNING SERVICES/BUILDINr NSPECTION CITIZEN INQUIRY FORM ( 1400 N:17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 / TELEPHONE ❑ OFFICE FIRST INQUIRY?,-I3'YES 0 NO DATE: 84 )9 NAME: �f')'1A a .� PHONE: - �r�—r`/3_?/S ADDRESS: 3 3/d kk1 5 y r�Pe y /ij/�/J f/0 ?Zi b.2io TYPE OF INQUIRY: ec 1 i tti6't L.i. ❑ MHZP 0 SKETCH PLAN 0 MINOR SUB SKETCH PLAN ❑ ZPMH 0 PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT ❑ RE 0 FINAL PLAT 0 ZONING ❑ AMENDED RE 0 RESUBDIVISION ❑ ADDRESSING ❑ SE 0 FHDP ❑ BUILDING PERMIT ❑ AMENDED SE 0 GHDP 0 SETBACKS/OFFSETS ❑ SITE PLAN REVIEW ❑ USR 0 HOME OCCUPATION ❑ REZONING ❑ AMENDED USR ;I.-VIOLATION O PUD SKETCH PLAN ❑ USR MINING ❑ OTHER ❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑ O PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑ PERSONNEL ❑ Shani Eastin ❑ Gloria Dunn ❑ Todd Hodgese Chester ❑ Scott Ballstadt 0 Kerni Keithley ❑ Ed Stoner ❑ Roger Vigil ❑ David Sprague 0 Johnny Roberts ❑ Jeff Reif ❑George Carroll ❑ Dennis Renley 0 Monica Daniels-Mika ❑ ITEMS DISCU SED: O C1Q0 o t o/ 4 Vein 74 • Wt �o>a41/4 eg ,/ 7 - a %�r i i Ao v .� P c� lie �, /t t . �v h-c.�.,.. Y/mooeig.... U,-, -to �r�-» -7 C'� n.,-e/ , culnstAr_filt _dceopo , u_ (75 & a ,,t, , f-/, ratoa Time Spent /Cntc HA Staff Members Initials WA— citizen 981040 Ikri\ liTi114:11 6 DEPARTMENT OF PLANNING SERVICES ik PHONE (303)353-6100,EXT.3540 FAX (303)352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. I7TH AVENUE COLORADO GREELEY, COLORADO 80631 July 28, 1997 Husker Dairy,Attn: Rick Hawley 506 16th Street,Apartment 3A Greeley,CO, 80631 Subject: ZCH97-002 Dear Mr. Hawley and Mr. Hoyer: Notice is hereby given that on August 13, 1997,at 9:00 a.m.,or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review case number ZCH97-002, for compliance with the Development Standards as approved by the Board of County Commissioners on April 1, 1988,to determine if probable cause exists to hold a hearing on revocation of USR-820. Inspection by representatives of the Department of Planning Services and the Weld County Health Department have identified that you are not in compliance with Development Standards 2, 3,4, 5, 6, 16, 17, 18, 19 and 22 of USR-820. If it is determined at the public hearing that there is probable cause that you are not in compliance with the Development Standards, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. If you have any questions regarding this matter, please give me a call. Julie Chester Zoning Compliance Officer pc: VI-9700096, USR-820 Trevor Jiricek, Supervisor, Environmental Protection Services Todd Hodges, Current Planner II SERVICE,TEAMWORK,INTEGRITY,QUALITY 981040 WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDIN^ INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 LEPHONE 0 OFFICE FIRST INQUIRY? 0 YES al/ DATE: 71/4/ NAME: ck( e � r PHONE: 3D& 03 ? _2) grii ADDRESS: 44-tikai 3o Q - S - 03 S TYPE OF INQUIRY: .22 : ✓ ❑ MHZP ❑ SKETCH PLAN MINOR SUB SKETCH PLAN ❑ ZPMH ❑ PRELIMINARY PLAN 0 MINOR SUB FINAL PLAT ❑ RE 0 FINAL PLAT ❑ ZONING ❑ AMENDED RE 0 RESUBDIVISION 0 ADDRESSING ❑ SE 0 FHDP ❑ BUILDING PERMIT ❑ AMENDED SE 0 G DP 0 SETBACKS/OFFSETS ❑ SITE PLAN REVIEW USR 0 HOME OCCUPATION ❑ REZONING - ❑ AMENDED USR „EvirOLATION ❑ PUD SKETCH PLAN ❑ USR MINING 0 OTHER ❑ PUD DISTRICT 0 USR MAJOR FACILITY ❑ ❑ PUD FINAL PLAT 0 USR DISPOSAL SITE 0 PERSONNEL ❑ Shani Eastin 0 Gloria Dunn 0 Todd Hodges ie Chester ❑ Chris Goranson 0 Kerri Keithley 0 Ed Stoner 0 Roger Vigil ❑ David Sprague ❑ Johnny Roberts 0 Jeff Reif 0 George Carroll ❑ Dennis Renley ❑ Monica Daniels-Mika ❑ ITEMS DISCUSSED: "/ 4 $_,..., n.„_,,, Atm, A.P#14.--b-1)-0 de 4 4 4 C ,r,,t.., /c✓ /42.12L a cis 6-4 -(../ - cro. )1. , t/di :14 A;?' I4, (, . .LD a ,y LI:wil t? Vitt , . Time Spent 30 /�W� Staff Member's Initials citizen 981040 WELD COUNTY DEPAP 'ENT OF PLANNING SERVICES/BUILDIN" INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 J LEPHONE 0 OFFICE FIRST INQUIRY? 0 YES ❑�--NO DATE: '/ e 3 /9* NAME: / e_ , PHO s o `7 r I> ADDRESS: 9/.j4-1 i (n CG( , atio.t.fj, TYPE OF INQUIRY: lOJ ❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN ❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT ❑ RE ❑ FINAL PLAT 0 ZONING ❑ AMENDED RE 0 RESUBDIVISION 0 ADDRESSING ❑ SE 0 FHDP 0 BUILDING PERMIT O AMENDED SE 0 GHDP 0 SETBACKS/OFFSETS ❑ SITE PLAN REVIEW ❑ USR 0 HOME OCCUPATION O REZONING ❑ AMENDED USROLATION ❑ PUD SKETCH PLAN 0 USR MINING ❑ OTHER ❑ PUD DISTRICT 0 USR MAJOR FACILITY ❑ ❑ PUD FINAL PLAT 0 USR DISPOSAL SITE ❑ PERSONNEL ❑ Shani Eastin ❑ Gloria Dunn 0 Todd Hodges Julie Chester ❑ Chris Goranson 0 Kerni Keithley 0 Ed Stoner ❑ Roger Vigil ❑ David Sprague ❑ Johnny Roberts ❑ Jeff Reif 0 George Carroll ❑ Dennis Renley ❑ Monica Daniels-Mika ❑ ITEMS DISCUSSED:f,ttt..4-C i ,./11 a/J 1.3-e, ‘5 1(__, Cl: ' 479c„6 de) 0 _tooLd (1. &_.-e etc,..0, ice .-1-12-01---ciji c, i Are,. 969- t ll� _�Gtx I V t fl2e$;A,....., ,.. e:a 412 Time Spent 1/1.5 !e/y✓0 Staff Members Initias T `--___ citizen 981040 From: TREVOR JIRICEK To: JCHESTER Date: 7/17/97 9:00pm Subject: Husker Dairy-Reply I never talked to Gene Hoyer. He left a message on my machine at home saying something about moving the dry cows. Even if he moves the dry cows he needs to submit a plan. The effluent from the dry cows is only a small part of the problem. That effluent wasnt even going into the lagoon and it was overflowing. The retention pond isnt adequately sized for that facility. He needs to submit a plan! 981040 WELD COUNTY DEPART"ENT OF PLANNING SERVICES/BUILDINC 'NSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312(LEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YEO DATE: '/1-/9 J'y NAME: tic/e bt,! 9Vt9- , PHONE: sot- 8r7-4 ". /r ADDRESS: �/JI TYPE OF INQUIRY: ❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN ❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT ❑ RE ❑ FINAL PLAT ❑ ZONING ❑ AMENDED RE ❑ RESUBDIVISION ❑ ADDRESSING ❑ SE ❑ FHDP ❑ BUILDING PERMIT ❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS ❑ SITE PLAN REVIEW ❑ USR ❑ IJ,OME OCCUPATION ❑ REZONING ❑ AMENDED USR IOLATION ❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER ❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑ ❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑ PERSONNEL ❑ Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges lie Chester ❑ Chris Goranson ❑ Kerni Keithley ❑ Ed Stoner ❑ Roger Vigil ❑ David Sprague ❑ Johnny Roberts ❑ Jeff Reif ❑George Carroll ❑ Dennis Renley ❑ Monica Daniels-Mika ❑ ITEMS DI USSED: Q!_ l�-(0 A-nt.Lo GL-u' /AA) 4J�,c.,4c> Veil- s2 L4.. ee-c- ., /0_4_64 0/ 1 tici--e_i27). b-, -4_,--tpc-o-en ci'lLi--,,, , Prioct • �t ,r 9,t Ito b 4-6-- 1 , Kf/i, 0 rn o&t " c �] rt C.�o0-3 Gt V -e • /- 11eu( a- /`y.. y0 (Ai ci V F ltr A-)acc-c,- �11I 41k= , ba-t.-c, / tiynn:e.,fe eta €1 / y-1--17/;--e-t, ---- bac Time Spent/61/2 ✓ �p z4 Staffff Members lnitial ��-�H � 981 aHg citize (Y c'O CciKi--/ c") - = -i iccdyA--G-z��7" d 'k t. /4� �- " �Ti1' 7,1_ / (1 PLANNING DEPARTMENT PHONE (970)353-6100,EXT.3538 FAX (970)351-0978 WELD COUNTY ADM 1400 N TIV AVENUEO COLORADO GREELEY,COLORADO 80631 fa x transmittal to: Trevor Jiricek fax: 356-4966 from: Julie Chester, Zoning Compliance Officer date: June 24, 1997 re: Husker Dairy pages: 2 NOTES: I received this letter regarding progress on the dairy. I thought you might want a copy for your file. Thanks SERVICE,TEAMWORK,INTEGRITY,QUALITY 981040 • Husker Dairy, Inc. June 20, 1997 33440 WCR 55 Gill, CO. 80624 Julie Chester Zoning Compliance Officer Dept. of Building Inspection Weld Co. Admin. Offices 1400 N. 17th Ave. Greeley, CO. 80631 Ms. Chester: Just wanted to let you know we are going ahead with finding an engineer and doing percolation tests. We met with an engineer on Monday, June 16 and he' s made his observations of the corrals and the lay of the land and will be getting back to us with some ideas of what he thinks we should do. On Thursday, June 19, Total Engineering Service, Inc. of Evans, CO. , drilled the holes and did the percolation tests for the mobile homes . We were told we could get a refund from the county if we hired an engineer to do the tests. This also saved us the time of digging the holes and insured it would get done right. It is our understanding that he will forward the results to Trevor Jericek' s office. Will keep you posted of any further developments. Rick Hawley, Gen. M Husker Dairy, Inc. 7 " t: gDept. JUN 2 1997 981040 FAX TRANSMISSION WELD COUNTY DEPARTMENT OF PLANNING SERVICES 1 400 NORTH L7TH AVENUE GREELEY, CO 60631 353-6100, Err. 3540 FAx: 35 1-0976 To: Trevor Jiricek Date: June 18, 1997 Fax#: 356-4966 Pages: 2, including this cover sheet. From: Julie Chester Subject: Complaint on Husker dairy COMMENTS: I received this letter from Cindy Vance today. 981040 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100,EXT.3540 FAX (303)352-6312 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. I7TH AVENUE COLORADO GREELEY,COLORADO 80631 June 17, 1997 Husker Dairy, Attn: Rick Hawley 506 16th Street, Apartment 3A Greeley, CO, 80631 Subject: USR-820, VI-9700096 Dear Mr. Hawley and Mr. Hoyer: This letter is in reference to our office meeting on June 13, 1997 concerning the Weld County Planning Department violation of USR-820 and the violations of the Confined Animal Feeding Operation Control Regulations. It was agreed upon that you will initiate discussions with an engineer within the next ten days to address the wastewater and runoff problems, as well as any septic issues. Within twenty days you will provide a reasonable time line to develop and implement a manure and wastewater management plan. This plan must be submitted to both the Department of Planning Services as well as the Weld County Health Department. A new plat map will also be required showing the location of all structures, pens, lagoons and any other associated uses. Within five days from the date of this letter, the mobile home without the appropriate permits must be removed or the appropriate permits obtained. The building permits for the mobile home and the milk barn (BP-41021) must be finaled by August 1, 1997. Any items considered part of a noncommercial junkyard(derelict vehicle,etc.)must be removed from the property within thirty(30) days from the date of this letter. If you have any further comments or questions please feel free to call either the Department of Planning Services or the Weld County Health Department. Thank you for your cooperation in resolving this matter. Sincerely, JulIA-; e Che.-er Trevor Jiricek Zoning Compliance Officer Supervisor, Environment Protection Services pc: VI-9700096, USR-820 Monica Daniels-Mika, Director, Department of Planning Services 981040 June 17, 1997 JUN 1 7 1997 Kent&Cindy Vance ` n 33020 WCR 55 Gill, CO 80624 To: Whom It May Concern, The Planning&Zoning Dept. has ask us to make a list of our complaints about the dairy at 33440 WCR 55. This is the list we came up with on short notice. This list is our complaints that we have from memory and is not necessarily all the problems that we have had. We have given the Northern Colorado Health Dept. two sets of pictures that we have taken mention below. April 1996 Manure in ditch-Called Weld Co Bridge&Health Dept. May 1996 Manure in ditch- Called Weld Co Bridge, Health Dept. &Complained to dairy Shortly after we get an offer from the new owner to buy our place-have pictures May 1996 Manure gets diverted into alfalfa field above us May 1996 Bad rain storm sent manure flowing across our property (no real proof) Late May or Early June Manure in South ditch- Called Health Dept. took samples-have pictures June 1996 New manager offers to buy our place May 1997 Manure in West ditch May 1997 Neighbor called about their problems May 1997 Dairy worker drive by&throws beer can in West ditch, although we have found many cans&bottles in the ditches. This was the first time we saw an individual actually throw the can into the ditch June 1997 Manure in West&South ditches- Called Health Dept. took samples 4:00-5:30 am-Most mornings some type of motor or compressors are turned on, creating a fairly loud whine. If you have any questions, please call Kent&Cindy at(970)353-9424 Kent&Cin y Vance 981040 PERMITS E R M I T S Id: MISC120 Keyword: @ACTM User: JCHESTER 06/12/97 Additional Notations for Inspection item: 00404 Violation Permit No: VI-9700096 Owner: HUSKER DAIRY INC Status: COMPLNT Location: 33440 55 CR GILL Line Insp. Date Text 1 06/10/97 GENE HOYER WANTS TO SET UP AN APPOINTMENT WITH THE HEALTH 2 06/10/97 DEPARTMENT AND THE DEPARTMENT OF PLANNING SERVICES. A 3 06/10/97 MEETING WAS SEETA FOR FRIDAY, JUNE 13, 1997 AT 9:00 A.M. JAC Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 981040 H\ DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT ' GREELEY, CO 80631 ADMINISTRATION (970) 353-0586 O HEALTH PROTECTION (970) 353-0635 • COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 Certified Letter No.: P 077 960 554 June 10, 1997 Rick Hawley and Gene Hoyer Husker Dairy P.O. Box 69 Broken Bow, Nebraska 68822 Dear Mr. Hawley and Mr. Hoyer: As you are aware, as the result of a complaint, on June 9, 1997, your feedlot located at 33440 Weld County Road 55, Weld County, was observed by a representative of the Weld County Health Department. The complaint alleged that the facility was discharging process waste water and manure contaminated water off-site in violation of the Confined Animal Feeding Operation Control Regulation ((CAFO Regulations)(5 CCR 1002-19)). The purpose of the inspection was to assess the facility's compliance with the CAFO Regulations and the conditions established in the facility's Use by Special Review Permit #820 (USR-820). This inspection revealed the following: •Waste water was being discharged from the retention pond located on the south west portion of the property. Waste water was observed to be flowing out of the south west corner of this pond. It then flowed south, across a hay field to a ditch along Colorado Highway 392. The waste water then flowed west along the Highway. The northern most pens do not have adequate run-off containment or diversion structures. Be advised, the above conditions•are in addition to those items outlined in my May 28, 1997, and Julie Chester's letter dated June 9, 1997. They also are 981040 Rick Hawley and Gene Hoyer Husker Dairy June 10, 1997 Page 2 violations of both the CAFO Regulations and the Weld County Zoning Ordinance. We anticipate the receipt of your facility's manure and waste water management plan. Due to repeated violations, we will not grant an extension to the 30-day time period as previously indicated in that May 28, 1997, letter. In addition, we will be discussing this case with the Water Quality Control Division of the Colorado Department of Public Health and Environment to determine if enforcement action is warranted. I anticipate receiving your plan in the near future. If you have any questions regarding this matter, please do not hesitate to contact me at (970) 353-0635, extension 2232. Sincerely, Trevor Jiricek Supervisor Environmental Protection Services tj\664 cc: John Pickle, Director, Weld County Health Department Lee Morrison, Weld County Attorney's Office Victor Sainz, Colorado Department of Public Health & Environment Julie Chester, Weld County Planning Department `..rs73 JUN X 0 1997 981040 Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 353-6100, ext. 3540 Fax: 351-0978 FAX TRANSMISSION COVER SHEET Date: June 9, 1997 To: Trevor Jiricek Fax: 356-4966 Re: Husker Dairy Sender: Julie Chester YOU SHOULD RECEIVE 5 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 353-6100, ext. 3540. 981040 I T jtt":1- IDDEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100,EXT.3540 C FAX (303)352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 June 9, 1997 Husker Dairy, Attn: Rick Hawley P.O. Box 69 Broken Bow , NE, 68822 Subject: VI-9700096, Violations of Development Standards for USR-820 Dear Mr. Hawley: It has come to the attention of the Department of Planning Services that you may not be in compliance with the Development Standards for USR-820, approved by the Board of County Commissioners on April 1, 1988. The noncompliance is with Development Standards 2, 3, 4, 5, 6, 16, 17, 18, 19 and 22. A copy of these items from the approved resolution are enclosed. The Use by Special Review area must be brought into compliance with the Development Standards within five days of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review Permit. Please call a Current Planner within five working days of the date of this letter to review the Planning Department's concerns. If you have any further information that may clear up this matter, please call or write. Thank you for your cooperation. Sincerely, bt//�/ at; Julie Chester Zoning Compliance Officer pc: VI-9700096, USR-820 Todd Hodges, Lead Planner Monica Daniels-Mika, Director Department of Planning Services Trevor Jiricek, Weld County Health Department SERVICE,TEAMWORK,INTEGRITY,QUALITY 981040 May 28, 1997 Rick Hawley Husker Dairy P.O. Box 69 Broken Bow, Nebraska 68822 Dear Mr. Hawley: As you are aware, as the result of a complaint, on May 27, 1997, your feedlot located at 33440 Weld County Road 55, Weld County, was inspected by a representative of the Weld County Health Department. The complaint alleged that the facility was discharging process waste water and manure contaminated water off-site in violation of the Confined Animal Feeding Operation Control Regulation ((CAFO Regulations)(5 CCR 1002-19)). The purpose of the inspection was to assess the facility's compliance with the CAFO Regulations and the conditions established in the facility's Use by Special Review Permit#820 (USR-820). This inspection revealed the following: •Evidence that a discharge from the facility occurred on May 25, 1997. This is based upon discussions with the complainant and yourself, as well as observation of a greenish-black scum on a lateral ditch located on the eastern portion of your facility. •The site does not maintain adequate records regarding the land application of manure and/or wastewater. •The facility employs flood irrigation methods to land apply wastewater without having adequate tailwater facilities. Please be advised that the above described situation is in violation of both the CAFO Regulations and the Weld County Zoning Ordinance. Specifically, this facility is in violation of Section 4.8.3(A), pertaining to surface water protection requirements and Section 4.8.5(A)(2) and 4.8.5(A)(5), pertaining to beneficial use and disposal of manure 981040 and process wastewater of the CAFO Regulations, as w II as development standards #2 and #3 of USR-820. u� , ." att °'10`� As you are aware, in my May 29, 1996, letter to you I had expressed our concern with the discharge of effluent from the facility and advised you that continued discharge could result in enforcement action. Therefore, be advised that you have 30 days from receipt of this notice to respond with a plan for correction for the aforementioned violations and submittal of a comprehensive manure and wastewater management plan. Failure to submit the plan of correction and a comprehensive manure and wastewater management plan will leave us no choice but to request that the Weld County Planning Department pursue this as a violation of the Weld County Zoning Ordinance. This could result in the revocation of your operating permit. In addition, this case will be referred to the Water Quality Control Division of the Colorado Department of Public Health and Environment for enforcement in accordance with C.R.S. 25-8-601. I anticipate receiving your plan in the near future. If you have any questions regarding this matter, please do not hesitate to contact me at (970) 353-0635, extension 2232. Sincerely, Trevor Jiricek Supervisor Environmental Protection Services tj\655 cc: John Pickle, Director, Weld County Health Department Lee Morrison, Weld County Attorney's Office Victor Sainz, Colorado Department of Public Health & Environment Monica Daniels-Mika, Director, Weld County Planning Department 981040 ilk ‘ia.- DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT WIWDc. COLORADO f wtONING COMPLAINT Co plaint In ed by: ❑ BUILDING CODE COMPLAINTaff Citizen ❑ Other C l LEGAL DESCRIPTION: . 4Ail ��-, - 87)f yc--" 3-�� 5Z-QV /S-(6 "' VIOLATION ADDRESS: 3 3 0 Si G i rt 53- (c7 39JParcel# 6 irev/✓ — ATTACCOPY OF DEED �-y � GC.c. r Property Owner's Name: L�LN ty--4•- rr Phone# 1 rr Property Owners Address: )P 0 . /4/- ./%9. oft , �/�,b?R0 / Z- �C7 "ga" J� / 4 / Tenants Name and Mailing Address: il�/ 2.a .e.r- ' 11 -Li/ ,4/f �-�� NATURE OF COMPLAINT: 517)1,---4 ili S - Zoning Complaint Referred To: .1/!/ Date: 5/6�/� y Building Code Complaint Ref o: Date: , �/ Case Assigned To: kad� �f Date: .J7�dp $ ACTION OF INVESTIGATOR: Date of Inspection: • /- /� T Inspection of roe indicates: h t /te�fr-e property dy f ay 2pX" a No violation of the Weld County a Zoning / a Building Code Ordinance Referred to: on ❑ N violation of the Weld County o Zoning / a Building Code Opina e otn iolations of the following Sections oft. ❑Wing �Y S.�`- a Building Code Ordinance ACTION ON COMPLAINT: o No Action Taken/No Violation a olation File Stated/ ., Date Date 5 CASE REVIEWED BY SUPERVISOR Date SUPERVISOR'S COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this form. 981040 r cr( i.c... MEMORANDUM 11 TO: BOARD OF COUNTY DATE: November 3, 1997 O COMMISSIONERS • FROM: Trevor Jiricek and Julie Chester COLORADO SUBJECT: Husker Dairy, Recommendation The Health and Planning Departments recommend that this show cause hearing be continued until sometime immediately after May 1, 1998. Our recommendation is based upon the recent submittal of a manure and waste water management plan and a proposed implementation schedule that indicates that all components of the plan will be implemented no later than May 1, 1998. Also, all outstanding issues concerning the non-commercial junk yard, the unpermitted mobile home, and the unfinalized building permits have been addressed. In addition, we recommend that the Board consider making the following conditions be a part of any motion for continuance: 1) The facility take every reasonable attempt to control any discharge from the facility except those allowed by the Confined Animal Feeding Operation Control Regulations. 2) The facility submit a post-construction report demonstrating that the containment pond was constructed in accordance with the Confined Animal Feeding Operation Control Regulations. The report shall be submitted to the Health and Planning Departments. The staff is authorized, upon ten (10) days notice, to schedule a show cause hearing in the event the report is not submitted by March 1, 1998. 3) The facility submit a final project report following the construction of all components of the manure and waste water management plan. The report shall be submitted five (5) days business days prior to the scheduled continuance. • The following is a brief chronology of the events which have taken place since the August 13, 1997, probable cause hearing: August 13, 1997 Probable cause hearing October 27, 1997 Manure and process waste water management plan submitted October 29, 1997 Inspection of the property by representatives of the Planning and Health Departments (Julie Chester and Trevor Jiricek) October 29, 1997 Comments submitted to Husker Dairy concerning manure and waste water management plan November 3, 1997 Husker Dairy submittal of schedule of implementation of manure and waste water management plan 981040 DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 C ADMINISTRATION (970) 353-0635 353-0586.COMMUNITY HEALTH (970))353-0639 COLORADO FAX (970) 356-4966 October 29, 1997 Tom Cope Total Engineering Service, Inc. 3310 State Street Evans, Colorado 80620 Dear Mr. Cope: The Weld County Health Department (WCHD) has reviewed the Manure and Process Waste Water Management Plan (the Plan) submitted on behalf of Husker Dairy. The Plan, dated October 1997, was submitted as the result of a Probable Cause hearing held before the Board of County Commissioners on August 13, 1997. The purpose of the plan is to demonstrate the facility's compliance with both the Confined Animal Feeding Operation Control Regulations (CAFO) and Special Review Permit#820. As you are aware, on Wednesday, October 29, 1997, we discussed, several of the deficiencies and areas of the Plan in need of additional information, clarification, etc. As we discussed, I am providing a summary of those items. They are as follows: 1) Page 1, paragraph 2, under the heading of SCOPE, discusses the objectives of the Plan. One of the primary objectives of the Plan is to demonstrate how the facility deals with manures generated on the site. This section should be amended to reflect that objective. 2) Page 2, under the heading of FLOW ANALYSIS, discusses the total area determined for run-off was estimated to be 15.68. However, based upon our calculations from the attached map it appears that this may have been under estimated. Please verify the total surface which must be considered for the determination of run-off. Keep in mind that the surface of the retention pond, the manure storage area, and the areas which hold dry cows must be considered. The run-off volume may require re-calculation. In addition, the run-on control features should be reviewed to assure that excess surface water, that does not originate on the site, is diverted around the site. 981040 Tom Cope October 29, 1997 Page 2 3) Page 2, under the heading of CONVEYANCE FACILITIES, discusses the method in which run-off will be conveyed. According to CAFO these conveyance features must be constructed to handle a 25-year, 24-hour storm event. The Plan must indicate a commitment to construct conveyance structures to this specification. In addition, provide a cross section of each structure, i.e. a cross section for each the concrete channels and soil ditches. 4) Page 3, paragraph 1, under the heading of CONTAINMENT FACILITIES, discusses the estimated volume of the proposed retention structure. The Plan indicates that the retention structure will be sized to handle the 25-year, 24-hour storm event and three months of process water. As discussed in our October 29, 1997 meeting, although not specifically required by CAFO, the WCHD recommends that the retention structure be sized to handle six months of process water in addition to the 25-year, 24- hour storm event. In our recent meeting we also discussed that the water usage may have been greatly exaggerated. As we discussed, I have provided you with the method a similar facility used to determine water usage. Please review this method and make changes as appropriate. 5) Page 3, paragraph 2, under the heading of CONTAINMENT FACILITIES discusses the construction of the containment pond. Please provide a commitment that a post- construction testing report and summary which demonstrates the construction of the retention structure complies with CAFO will be submitted to the WCHD. 6) Page 4, under the heading of DISPOSAL FACILITIES discusses the land application of effluent. The Plan indicates that 36,126 pounds of total nitrogen will be generated from 1,785 head of dairy cows. However, as we discussed during our recent meeting, the dairy can have up to 2,500 head of dairy cows. This section should be amended to reflect this fact. In addition, the calculations provided in appendix B, do not appear to be accurate. The volume generated per cow used in appendix B is representative of only raw manure (feces and urine). It appears that you used the 3,614 gal/yr factor found in CAFO. However, you did not account for the additional nutrients found in process waste water which will be generated on the site. This section and the calculation in appendix B must be reviewed and corrected to accurately reflect the total number of cows and the additional nutrients and water which will be generated by process waste water. In the event the dairy cannot manage all of the process waste water generated at the site, alternate methods of disposal should be described in the Plan. 7) The Plan does not address how manure generated on the site will be managed, stored, etc. The Plan must be amended to reflect these items. In addition, in the event manure 981040 Tom Cope October 29, 1997 Page 3 will not be used on the site, any agreements with land owners who will accept or remove the manure should be provided as a part of the Plan. 8) During our recent meeting we discussed the use of the existing irrigation pond as a permanent means to store process waste water. In the event this pond will be a permanent structure to manage process waste water the Plan must be revised to include those provisions. In addition, a demonstration that the pond meets the lining requirements in CAFO must be included. 9) As we discussed in our recent meeting the map provided in the Plan must be updated to show the manure storage area, any new pens, road culverts, etc. 10) The Plan shall describe the intended method for land application of process waste water and the controls required in CAFO. For example, if flood irrigation techniques are used a tailwater pond must be provided. On the other hand, in the event process waste water will be applied in conjunction with fresh water through a sprinkler type system the Plan shall describe what type of back flow prevention device, air gap, etc. will be incorporated to prevent waste water from being pumped, drained, or siphoned into the irrigation water source. As we discussed, please provide the WCHD with a detailed schedule which outlines the installation of all of the components of the manure and waste water management plan. Please submit this no later than Monday, November 3, 1997, as this information will be useful for the Commissioners when considering whether or not to continue the hearing process. These conclude the Division's comments at this time. As you know, we may request additional information and clarification following the receipt of the updated Plan. If you have any questions, please do not hesitate to call me at (970) 353-0635, extension 2232. Sincerely, 1:1003?kuja Trevor Jiricek Supervisor Environmental Protection Services tj\859 cc: Julie Chester, Weld County Planning Department Victor Sainz, Colorado Department of Public Health and Environment Gene Hoyer, Husker Dairy 981040 11-e3-1947 07:18AM FROM T.E.S. TO 3564966 P.01 © Total Engineering Service, Inc. 3310 State Street ' Evans, CO 80620 • (970) 339-5215 November 3, 1997 Mr. Trevor Jiricek Weld County Department of Health 1517 16th Avenue Court Greeley. CO 80631 Fax: 356-4966 Re: Husker Dairy Dear Mr. Jiricek: I appreciate meeting with you and Julie Chester the other day to review the progress being made on the above referenced project. During that meeting we discussed changes you would like made to the Manure and Process Waste Water Management Plan (Plan). During that meeting you requested a schedule be submitted to your office by today's date. The schedule to fully complete and maintain the Manure and Process Waste Water Management Plan is as follows: Nov. 3, 1997 Construction Schedule Nov. 4, 1997 Revised Plan based on Oct. 29, 1997 comments Nov. 5, 1997 Show Cause Hearing Feb. 1, 1998 Completion of the Containment Pond May 1, 1998 Completion of Conveyance System I do not anticipate needing the full timeline mentioned above, however I do want Husker Dairy to have adequate time to construct the proper facility to meet the requirements of the County and State Health. Construction of the containment pond will start as soon as your office gives the approval to commence. The timeline does allow bad weather days. Husker Dairy is aware that during the construction of the facility, they must continue to meet all the requirements of their permit. It is my understanding you and Julie felt adequate progress was being made to recommend the Permit not be revoked at this time. Please contact me if this is not correct. Sincerely, TOTAL ENGINEERING SERVICE, INC. /Tom Cope, P.E. President cc: Gene Hoyer, Husker Dairy Julie Chester, Weld County Planning Department File 97-160 TOTAL P.01 981040 INSPECTION REPORT NAME: Husker Dairy Inc. do Rick Hawley P.O. Box 69 Broken Bow, NE 68822 LEGAL DESCRIPTION: SW4 of Section 15, Township 6N, Range 64W, Exc beg SW cor of Sec thence NO1D12'E 378.93' N88D45'E 524.66' S391.52' N89D51'W 525.96' to beg Lot B amended Rec Exemption RE-655, Exc UPRR REs, Weld County, Colorado CASE NUMBER: VI-9700096, USR-820, ZCH97-002 DATE: October 29, 1997 The property was reinspected by Julie Chester, Zoning Compliance Officer and Trevor Jiricek, Supervisor, Weld County Health Department, to determine progress in bringing the property into compliance with the Weld County Zoning Ordinance and the Development Standards of USR-820. The mobile home and the noncommercial junkyard have been removed from the property and the building permit for the milk barn has been finaled. A Manure, wastewater runoff and confinement plan was submitted to Trevor Jiricek prior to the inspection. There has been progress made in confining runoff to the property, however, there were some changes to be made to the plan to further address manure, runoff and construction of a new retention pond. Gene Hoyer, Rick Hawley and Tom Cope all met with us at the time of inspection and the changes to the plan were discussed. Gene Hoyer indicated that he had no problem complying with all the regulations. Site Specific Development Plan and Special Review Permit#820 is for a 2,500 Head Dairy and had specific Development Standards for the operation of the facility. The current uses are not in compliance with Development Standards #2, 3, 4, 5, 6, 17, 18, 19 and 22 as listed below. 2. The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Weld County Health Department and the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and the facilities shall be constructed and maintained in accordance with the State Health Department's Guidelines for Design of Feedlot Runoff Containment Facilities and standards stated herein. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division. The current owners of the property are attempting to implement and maintain the runoff retention and containment facilities as stated above. They are in the process of constructing a new retention pond, some alley ways for runoff and have built a temporary berm to keep the runoff on the property. At the time of inspection the berm was confining all runoff to the site. 3. Land application of wastewater from the retention basins shall be onto farm land for irrigation and not discharge into State waters. At the time of inspection, no wastewater was leaving the site. The temporary berm was keeping confined to the site. There have been no current complaints from adjacent property owners. 981040 4. All storm water and dairy operation runoff from the portion of the site which includes the house, barns, livestock pens, feed storage area, and labor housing shall be controlled and confined within the boundaries of the subject property. This Standard shall not apply to the portion of the site which will be used for pasture and crop land. The property owners are attempting to keep all storm water and dairy operation runoff confined on site. It appeared at the time of inspection that all storm water and dairy operation runoff was being confined, temporarily. 5. The applicant shall comply with all State Health Department requirements for construction and operation of.a dairy. The property is not in compliance with all State Health Department requirements for construction and operation of a dairy. The property owners have submitted a plan to comply with the State Health Department requirements, however, it was sufficient. The engineer for the property owner, Tom Cope, is working at making some changes to the plan. 6. The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies or insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. This problem will be addressed in the Manure, Wastewater and runoff plan submitted to the Weld County Health Department. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. All construction on the property is in accordance with the requirements of the Weld County Building Code Ordinance at this time. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. The property is not in compliance with the Design Standards for the Special Review Permit. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. The property is not in compliance with the Operation Standards for the Special Review Permit. 19. The property owner or operator shall be responsible for complying with the Supplementary Regulations of Section 45.1 of the Weld County Zoning Ordinance. The property is not in compliance with the Supplementary Regulations for the Special Review Permit. 22. The property owner or operator shall be responsible for complying with all of the foregoing 981040 Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. The property owners are attempting to bring the property into compliance with the Weld County Zoning Ordinance, Development Standards for USR-820 and with State and County Health Department Regulations. There has been progress made on the property. Ci Gi4 (9Z-6-7 Julie Chester Zoning Compliance Officer pc: VI-9700096, USR-820, ZCH97-002 Monica Daniels-Mika, Director Department of Planning Services Trevor Jiricek, Weld County Health Department 981040 INSPECTION REPORT NAME: Husker Dairy Inc. do Rick Hawley P.O. Box 69 Broken Bow, NE 68822 LEGAL DESCRIPTION: SW4 of Section 15, Township 6N, Range 64W, Exc beg SW cor of Sec thence NO1 D12'E 378.93' N88D45'E 524.66' S391.52' N89D51'W 525.96' to beg Lot B amended Rec Exemption RE-655, Exc UPRR REs, Weld County, Colorado CASE NUMBER: VI-9700096, USR-820, ZCH97-002 DATE: August 11, 1997 The property was reinspected to determine progress in bringing the property into compliance with the Weld County Zoning Ordinance and the Development Standards of USR-820. There is still a problem with waste water discharge and manure contaminated water running off site in violation of Confined Animal Feeding Operation Control Regulation ((CAFO Regulations)(5 CCR 1002-19)) and with the Development Standards of the Special Review Permit. There were also two derelict vehicles, car parts and other miscellaneous junk constituting a noncommercial junkyard. There is still a mobile home located on the property without a building permit and the building permit for the milk barn has not been finaled. Both homes on the property appear to be in states of disrepair. Site Specific Development Plan and Special Review Permit#820 is for a 2,500 Head Dairy and had specific Development Standards for the operation of the facility. The current uses are not in compliance with Development Standards #2, 3, 4, 5, 6, 16, 17, 18, 19 and 22 as listed below and of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance and Section 70 of the Weld County Building Code Ordinance. 2. The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Weld County Health Department and the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and the facilities shall be constructed and maintained in accordance with the State Health Department's Guidelines for Design of Feedlot Runoff Containment Facilities and standards stated herein. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health,Water Quality Control Division. The current owners of the property are not implementing and maintaining the runoff retention and containment facilities as stated above. 3. Land application of wastewater from the retention basins shall be onto farm land for irrigation and not discharge into State waters. The wastewater is currently leaving the site and running into ditches and onto adjacent properties. 4. All storm water and dairy operation runoff from the portion of the site which includes the house, barns, livestock pens, feed storage area, and labor housing shall be controlled and confined within the boundaries of the subject property. This Standard shall not apply to the portion of the site 981040 which will be used for pasture and crop land. All storm water and dairy operation runoff from the site is not being controlled and confined within the boundaries of the subject property. 5. The applicant shall comply with all State Health Department requirements for construction and operation of a dairy. - The property is not in compliance with all State Health Department requirements for construction and operation of a dairy. 6. The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies or insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. The removal, handling, and stockpiling of manure has caused a nuisance condition because of the pollutant runoff on adjacent properties. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. There is a second mobile home on the property without the appropriate Building Permits and there is a permit (BP-41021) that has not been finaled. The condition of both homes on the property are in states of disrepair. Some inspections have been done on the building permit for the milk barn. The final electrical has been approved, however there were corrections to be made for the final plumbing inspection and final approval. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. The property is not in compliance with the Design Standards for the Special Review Permit. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. The property is not in compliance with the Operation Standards for the Special Review Permit. 19. The property owner or operator shall be responsible for complying with the Supplementary Regulations of Section 45.1 of the Weld County Zoning Ordinance. The property is not in compliance with the Supplementary Regulations for the Special Review Permit. 22. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. • 981040 It has been observed by the Weld County Planning Department and the Weld County Health Department that the property is not in compliance with ten Development Standards for USR-820. The inspections have shown that there are problems with containment of wastewater and disposal of manure, structures on the property without the appropriate permits and a noncommercial junkyard located on the property. The current property owner is not in compliance with Development Standards 2, 3, 4, 5, 6, 16, 17, 18, 19 and 22. Julie Chester Zoning Compliance Officer pc: VI-9700096, USR-820, ZCH97-002 Monica Daniels-Mika, Director Department of Planning Services Trevor Jiricek, Weld County Health Department 981040 INSPECTION REPORT NAME: Husker Dairy Inc. do Rick Hawley P.O. Box 69 Broken Bow, NE 68822 LEGAL DESCRIPTION: SW4 of Section 15, Township 6N, Range 64W, Exc beg SW cor of Sec thence NO1 D12'E 378.93' N88D45'E 524.66' S391.52' N89D51'W 525.96' to beg Lot B amended Rec Exemption RE-655, Exc UPRR REs, Weld County, Colorado CASE NUMBER: VI-9700096, USR-820 DATE: June 5, 1997 The property was inspected due to a complaint that the above described was in violation of the Weld County Zoning Ordinance and the Development Standards of USR-820. There is a problem with waste water discharge and manure contaminated water running off site in violation of Confined Animal Feeding Operation Control Regulation ((CAFO Regulations)(5 CCR 1002-19)) and with the Development Standards of the Special Review Permit. There was also a derelict vehicle, car parts and one mobile home is not located in the specific area for housing as shown on the plat map and a building permit has not been located. Both homes on the property appear to be in states of disrepair. Site Specific Development Plan and Special Review Permit#820 is for a 2,500 Head Dairy and had specific Development Standards for the operation of the facility. The current uses are not in compliance with Development Standards #2, 3, 4, 5, 6, 16, 17, 18, 19 and 22 as listed below and of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. 2. The applicant shall be responsible for implementing and maintaining the runoff retention and containment facilities in accordance with the engineered report as approved by the Weld County Health Department and the Colorado Department of Health, Water Quality Control Division. The runoff containment shall be separate from the waste water disposal system, and the facilities shall be constructed and maintained in accordance with the State Health Department's Guidelines for Design of Feedlot Runoff Containment Facilities and standards stated herein. The applicant shall be responsible for any additional requirements issued by the Colorado Department of Health,Water Quality Control Division. The current owners of the property are not implementing and maintaining the runoff retention and containment facilities as stated above. 3. Land application of wastewater from the retention basins shall be onto farm land for irrigation and not discharge into State waters. The wastewater is currently leaving the site and running into ditches and onto adjacent properties. 4. All storm water and dairy operation runoff from the portion of the site which includes the house, barns, livestock pens, feed storage area, and labor housing shall be controlled and confined within the boundaries of the subject property. This Standard shall not apply to the portion of the site which will be used for pasture and crop land. 981040 All storm water and dairy operation runoff from the site is not being controlled and confined within the boundaries of the subject property. 5. The applicant shall comply with all State Health Department requirements for construction and operation of a dairy. The property is not in compliance with all State Health Department requirements for construction and operation of a dairy. 6. The applicant shall remove, handle, and stockpile manure from the livestock confinement area in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies or insect pests, or pollutant runoff. The manure storage site shall have a water-tight surface which does not permit seepage or percolation of manure pollutants into the ground. The removal, handling, and stockpiling of manure has caused a nuisance condition because of the pollutant runoff on adjacent properties. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. There is a second mobile home on the property without the appropriate Building Permits and there is a permit (BP-41021) that has not been finaled. The condition of both homes on the property are in states of disrepair. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. The property is not in compliance with the Design Standards for the Special Review Permit. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. The property is not in compliance with the Operation Standards for the Special Review Permit. 19. The property owner or operator shall be responsible for complying with the Supplementary Regulations of Section 45.1 of the Weld County Zoning Ordinance. The property is not in compliance with the Supplementary Regulations for the Special Review Permit. 22. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. It has been observed by the Weld County Planning Department and the Weld County Health Department that the property is not in compliance with several Development Standards for USR- 820. The inspections have shown that there are problems with containment of wastewater and disposal of manure, structures on the property without the appropriate permits and a 981040 noncommercial junkyard located on the property. The current property owner is not in compliance with Development Standards 2, 3, 4, 5, 6, 16, 17, 18, 19 and 22. e � Julie Chester Zoning Compliance Officer pc: VI-9700096, USR-820 Monica Daniels-Mika, Director Department of Planning Services Trevor Jiricek, Weld County Health Department • 981040 PERMITS Id: MISC12O Keyword: @ACTM User: JCHESTER 06/12/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI-9700096 Owner: HUSKER DAIRY INC Status: COMPLNT Location: 33440 55 CR GILL Line Insp. Date Text 1 06/06/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 06/06/97 DEVELOPMENT STANDARDS FOR USR-820 AND THE WELD COUNTY 3 06/06/97 ZONING ORDINANCE, SECTIONS 31.2 AND 31.3.9. THE PROPERTY 4 06/06/97 IS NOT IN COMPLIANCE AT THIS TIME. I MET WITH RICK HAWLEY 5 06/06/97 AT THE TIME OF INSPECTION. THERE IS A SEVERE PROBLEM WITH 6 06/06/97 RUNOFF AND HANDLING OF MANURE AND WASTEWATER. THERE IS A 7 06/06/97 NONCOMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING OF 8 06/06/97 DERELICT VEHICLES AND SOME OTHER MISCELLANEOUS ITEMS. THERE 9 06/06/97 IS A MOBILE HOME WITHOUT THE APPROPRIATE PERMITS WHICH IS 10 06/06/97 LOCATED IN THE WRONG PLACE ACCORDING TO THE PLAT MAP. THERE 11 06/06/97 IS A RECREATIONAL VEHICLE WHICH IS BEING USED AS A RESIDENCE 12 06/06/97 ALSO. ALL ITEMS MENTIONED ABOVE MUST BE BROUGHT INTO 13 06/06/97 COMPLIANCE WITHIN FIVE DAYS OF A LETTER BEING SENT OR A 14 06/06/97 PROBABLE CAUSE HEARING WILL BE SCHEDULED. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 981040 Permit No VI-9700096 DATA SHEET Page : 1 COMPLAINT 06/12/97 09 : 13 ca : Full Description Description: COMPLAINT: VIOLATION OF DEV STAND FOR USR-820 Data : Process Tables Screen No : 01 Base Information Parcel No : 0801 15 000054 Owner: HUSKER DAIRY INC Status : COMPLNT Written By: JAC Sec/Twn/Rng: 15 06 64 Description: COMPLAINT: VIOLATION OF DEV STAND FOR U Location: 33440 55 CR GILL Zoning Dist : AGRICULTURAL Permit Num: App Type : VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi" ) Class Code : VI-20 noncompliance USR Complaint : 05/28/1997 Init : JAC NO VI : 00/00/0000 Init : 5 Day Letter: 00/00/0000 Init : Issued: 00/00/0000 Init : Inspection: 00/00/0000 Init : BCC Vio: 00/00/0000 Init : Court : 00/00/0000 Init : Closed BCV: 00/00/0000 Init : Closed VI : 00/00/0000 Init : een No : 02 Zoning Information Parcel No : 0801 15 000054 Legal Descr : 9642 SW4 15 6 64 EXC BEG SW COR OF SEC THENCE NOlD12 ' E 378 . 9 Owner Name :HUSKER DAIRY INC Date : 00/00/0000 Verified: Setbacks N: S : E : W: Req by Zoning Sec Twn Rng: 15 06 64 Notes : Zoning Dist :AGRICULTURAL Acres . 00 ** 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met ** Legal Lot Site Plan Review SPA Prior to Zoning Yr Board of Adjustment BOA > 80 Acres Non-Conforming Use NCU Rec Exemption RE Flood Hazard Dev FHDP Sub Exemption SE Geological Hazard GHP Use Spec Review USR Accessory Dwelling ZPAD Planned Unit Dev PUD Subdivision S Change of Zone COZ Violation VI Screen No : 03 Violation Letter Text Use this screen to add text to be merged with violation letters . For all letters - Dear. . . : (include ' , ' ) For all letters - My Name : My Title : Permit Num: 991040 Permit No VI-9700096 DATA SHEET Page : 2 COMPLAINT 06/12/97 09 : 13 La : Process Tables Continued. . . Ordinance Section: For Case Summary - To bring property into compliance . . . Data : People OWNER HUSKER DAIRY INC 05/28/97 P 0 BOX 69 BROKEN BOW NE 68822 Data: Conditions Data : Comments Data : Inspections Item: 00404 TELEPHONE CALL Dept : Division: Item: 00405 LETTER Dept : Division: 05/28/1997 JAC Action: VI LETTER FROM HEALTH DEPT. Time : 00 : 00 Item: 00400 SITE INSPECTION Dept : Division: em: 00406 OFFICE VISIT Dept : Division: Data : Approvals Item: 00001 Building Department Dept : BUILDING Division: Item: 00002 Planning Department Dept : PLANNING Division: Data: Locks, Holds, Notices Data: Addresses Data: Parcels 080115000054 / / 991040 PERMITS Id: ACTP124 Keyword: aACTD User: JCHESTER 06/09/97 Activity Full Description Maintenance Bldg Historical Permit Permit No: BP41O21 Applicant: RON LEFEVER Status: ISSUED Address: 33440 WCR 55 WEL Full Work Description Description: Page No: 1 BUILDING A STILL MILK BARN. IT WILL BE 85 X 175 FOR A TOTAL OF 14,875 SQ. FEET. THERE WILL BE SOME CEMENT BLOCK WORK DONE. IT WILL HAVE A CONCRETE FLOOR. PLUMBING, ELECTRIC, AND HEAT INCLUDED. M-1 VN. USR-82O. LEFEVER BROS PULLED THE PERMIT AND CEASED WORK ON THE JOB DUE TO CONFLICTS IN PAYMENT./NEW ELEC CONTRACTOR ASSIGNED - BOYLE E LECTRIC, INC. * * F2=Next Page, F3=First Page, F4=Prev Page, ESC=Exit Desc Maint * * 981040 Permit No BP41021 DATA SHEET Page: 1 COMPLAINT 06/09/97 11:15 Full Description Description: BUILDING A STILL MILK BARN. IT WILL BE 85 X 175 FOR A TOTAL OF 14,875 SQ. FEET. THERE WILL BE SOME CEMENT BLOCK WORK DONE. IT WILL HAVE A CONCRETE FLOOR. PLUMBING, ELECTRIC, AND HEAT INCLUDED. M-1 VN. USR-82O. LEFEVER BROS PULLED THE PERMIT AND CEASED WORK ON THE JOB DUE TO CONFLICTS IN PAYMENT./NEW ELEC CONTRACTOR ASSIGNED - BOYLE E LECTRIC, INC. Data: Process Tables Screen No: 01 Base Information Status: A ISSUED Type: BP Parcel #: 0801 15 000054 000002 Legal Descr: SW4 PT Permit Year:93 No.41O21 Seq: 611 Census Tract: 16 Sect/Twn/Rng:15 6 64 Subdivision: lot: block: Special: Ownership: R cation: 33440 WCR 55 Entered: 04/22/1993 Ownership: Y (N=unverified, Y=verified) Approved: 04/26/1993 Approved By: ROGER VIGIL Finaled: 00/00/ 00 Cert of Occ: 00/00/ 00 Screen No: 02 Building Description Improvement 1: N N Family Units: 2: 0 0 Mult Units: 3: 0 0 Garage: Attached/Detached Other: MILK BARN Single/Double: Single/Double Carport: Attached/Detached Patio: Attached/Detached Basement: Partial/Full Proposed Uses: 0 0 Fireplace: Zero/Mason Res. Bedrooms: Bathroom Full: 3/4: 1/2: Bldg Desc Type: E E Other: MILK BARN Screen No: 03 Bo" 'ing Description 2nd 981040 Permit No BP41021 DATA SHEET Page: 2 COMPLAINT 06/09/97 11:15 : Process Tables Continued... Const Codes: S S Stories: 1 Height: 15 Other: Plot Plan: Y Blueprint: Y Foundation: 0 0 Access: Y (E=existing, N=new) • Other: CONCRETE Acres: .00 Screen No: 04 Zoning Information Zoning Dist: AGRI Init: SW Date: 04/22/1993 From Lot Line - N: S: E: W: Setbacks - N: 5 S: 95 E: 5 W: 50 Frontage 1: Opid: R B 2: Inspection Occ: 28 Screen No: 05 Mobile Home Make: Serial #: Value: .00 ength: Width: # uedrooms: # Occupants: Last Loc: Lot Type: (S=mh-subdivision, 0=other-lot, P=mh-park) Screen No: 06 Utilities Heating Codes: P P Other: Sewage Disposal: I (P=public, I=individual) Name: Number: Water Supply: I (P=public, I=individual) Name: Number: Screen No: 07 Fee Information Valuation: 175,000 Building Fee: 902.00 Electrical: 425.00 Const Meter: 37.00 Perm Meter: .00 PI Ck Fee: 170.00 L Home: .00 981040 Permit No BP41O21 DATA SHEET Page: 3 COMPLAINT 06/09/97 11:15 Process Tables Continued... Other: .00 Investment: .00 Elec Value: 25,000 Square Feet: Receipt No: 35868 Date Paid: 04/26/1993 Amount Paid: 1,534.00 Amount Ref: .00 Data: People APPLICANT RON LEFEVER 02/24/96 HISTWELD OWNER VELLEMA DAIRY 02/24/96 Phone: 303 33440 WELD COUNTY ROAD 55 HISTWELD PLUMBING TBD 02/24/96 Phone: 303 HISTWELD MECHANICAL TBD 02/24/96 Phone: 303 HISTWELD ELECTRICAL BOYLE ELECTRIC, INC 02/24/96 Phone: 303 4777689 HISTWELD Da...: Valuation Data: Fee Summary Calculated Fees: .00 Total Fees: .00 Additional Fees: .00 Payments: .00 Total Fees: .00 Balance: .00 Data: Conditions Data: Comments Data: Inspections Item: 00001 SETBACKS Dept: Division: Item: 00002 FOOTING/CAISSONS Dept: BUILDING Division: Item: 00003 C METER Dept: BUILDING Division: Item: 00004 P METER Dept: BUILDING Division: Item: 00005 REBAR Dept: BUILDING Division: Item: 00006 DAMPROOF Dept: BUILDING Division: Item: 00007 FOUNDATION Dept: BUILDING Division: It-': 00008 U/G ELECTRIC Dept: BUILDING Division: 1 00009 U/G PLUMBING Dept: BUILDING Division: 981040 Permit No BP41021 DATA SHEET Page: 4 COMPLAINT 06/09/97 11:15 : Inspections Continued... Item: 00010 ROUGH ELECTRIC Dept: BUILDING Division: Item: 00011 ROUGH PLUMBING Dept: BUILDING Division: Item: 00012 ROUGH HEATING Dept: BUILDING Division: Item: 00014 FIREWALL Dept: BUILDING Division: Item: 00015 EGRESS WINDOWS Dept: BUILDING Division: Item: 00016 GAS TEST Dept: BUILDING Division: Item: 00017 FRAMING Dept: BUILDING Division: Item: 00018 FURNACE Dept: BUILDING Division: Item: 00019 SEWER SERVICE Dept: BUILDING Division: Item: 00034 SEPTIC Dept: Division: Item: 00020 WATER SERVICE Dept: BUILDING Division: Item: 00021 FINAL ELECTRIC Dept: BUILDING Division: Item: 00022 FINAL PLUMBING Dept: BUILDING Division: Item: 00023 FINAL APPROVAL Dept: BUILDING Division: Item: 00024 TEMPORARY C/O Dept: BUILDING Division: Item: 00025 C/a Dept: BUILDING Division: Item: 00026 PRE-MOVE Dept: BUILDING Division: Item: 00027 OTHER Dept: BUILDING Division: 05/05/1993 JR Action: APPR REBAR Time: 00:00 05/05/1993 JR Action: APPR SETBACKS Time: 00:00 05/05/1993 JR Action: APPR FOOTING Time: 00:00 Notes: OK OK OK 11/18/1993 KB Action: CO P METER Time: 00:00 11/18/1993 Action: CO CONTINUE Time: 00:00 Notes: NOT READY. TOLD OWNER AND ELECTRICIANTO PROVIDE ELECTRICAL ONE LINE, LOAD CALCULATIONS AND FAULT CURRENT CAL CULATIONS BEFORE SERVICE WILL BE RELEASE 11/23/1993 KB Action: APPR P METER Time: 00:00 Notes: OK 12/28/1993 KB Action: CO LEFT NOTE TO CALL Time: 00:00 Notes: OFFICE TO DICUSS LOADS ON EQUIPMENT SHE ET THAT WAS DROPPED OFF 05/24/1994 KS Action: CO ELECTRIC INFO Time: 00:00 05/24/1994 Action: CO CONTINUE Time: 00:00 05/24/1994 Action: CO CONTINUE Time: 00:00 05/24/1994 Action: CO CONTINUE Time: 00:00 05/24/1994 Action: CO CONTINUE Time: 00:00 05/24/1994 Action: CO CONTINUE Time: 00:00 Notes: NEEDS ELECTIC CONTRACTOR. NEED ONE DRA WING AT LOAD DISTRIBUTION AFTER MAIN DISCONNECT. MAIN DISCONNECT HAS NO LAB ELING FOR RATINGS OF EQUIPMENT (LISTING) PANEL HAVE NO LABELING OR LISTINGS. 112 5/480 TRANSFORMER VENTS BLOCKED NEED AT LEAST 60 BEHIND XFMR XFMR DIS CONNECT AND O.C. PROTECTION? LIGHT LIGHT FIXTURE NOT FOR DAMP LOCATION PLU 981040 • Permit No BP41021 DATA SHEET Page: 5 COMPLAINT 06/09/97 11:15 ,: Inspections Continued... SS EMT NOT FILLLED INTO FIXTURES PLUS EMT NOT FILLED INTO FIXTURES PRO PERLY. ENDS THHN WIRES IN WALLS 06/10/1994 KS Action: APPR PLAN REVIEW INFO Time: 00:00 Notes: OK 07/20/1994 KS Action: CO ELECTRIC INFO Time: 00:00 07/20/1994 Action: CO CONTINUE Time: 00:00 Notes: REVIEWED ENGINEER DRAWING AND RELATEDEQU IPMENT PLUS ADDITIONAL CORRECTIONS THAT BE NEEDED BY NEW ELECTRICAL CON TRATOR. 08/26/1994 KS Action: CO ROUGH ELECTRIC Time: 00:00 08/26/1994 Action: CO CONT. Time: 00:00 08/26/1994 Action: CO CONT. Time: 00:00 Notes: XFMR-BUILDING STEEL GRD/GRD BUSHING ON PRI FLES/LUGS APPR. FOR CONDUCTORS GENERATOR NEED BLDG TO CENTER TOP STE EL 8 GRD ROD/LOCKING COVERS FOR PIVOT MOTORS/MILKING AREA EQUIPMENT MOI STURE APPROVED 12/15/1994 J -- At.tioe..-CO GAS TEST Time: 00:00 es: APPROVED/20 LBS -..) 12/ 4994 KS - Fiction: CO ROUGH ELECTRIC Time: 00:00 Notes: LIGHTS IN MILKING AREA-APPROVED AND ROU GH OKAY 04/06/1995 KS Action: CO FINAL ELECTRIC Time: 00:00 04/06/1995 Action: CO CONT. Time: 00:00 04/06/1995 Action: CO CONT. Time: 00:00 04/06/1995 Action: CO CONT. Time: 00:00 04/06/1995 Action: CO CONT. Time: 00:00 04/06/1995 Action: CO CONT. Time: 00:00 04/06/1995 Action: CO CONT. Time: 00:00 Data: Approvals Data: Locks, Holds, Notices Data: Addresses 33440 WCR 55 WEL HISTWELD 04/22/93 Data: Parcels 080115000054000002 04/22/93 HI STWELD 981040 • SLI 'LMA VICTOR 111 03548 a Egli 06 PRINCIPAL DWE • 981040 ,.v • 062992 981040 < < a '.EMA WYPKE & CATHLEEN N A ;;.' 0 6 .11.111.11111 REMOVE TANK 981040 ad 3.L xm , ) at I s 070792 981040 �Y r( , r LEMA DAIRY „ 41021 ;.. SW4 PT 64 06 15 MILK BARN 981040 y q a £f„°7 92X l riff ' k't. k t{1 �fl I --J tat 042693 777{,a 981040 3� LEMAND MARION ET AL ;;� RE 00655 06 RECORDED EXE 981040 1� I Isla' k 11 iFi!. I 1 m 111883 • 981040 • ° RZEMAN RON USR-00820 SW4 64 06 15 2500 HEAD DAI 981040 � � b 4I I123187 t 981040 Permit No VI-9700096 DATA SHEET Page: 1 COMPLAINT 05/28/97 10:13 D Full Description Description: COMPLAINT: VIOLATION OF DEV STAND FOR USR-820 Data: Process Tables Screen No: 01 Base Information Parcel No: 0801 15 000054 Owner: HUSKER DAIRY INC Status: COMPLNT Written By: JAC Sec/Twn/Rng: 15 06 64 Description: COMPLAINT: VIOLATION OF DEV STAND FOR U Location: 33440 55 CR GILL Zoning Dist: AGRICULTURAL Permit Nun: App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi") Class Code: VI-20 noncompliance USR Complaint: 05/28/1997 [nit: JAC NO VI: 00/00/0000 Init: 5 Day Letter: 00/00/0000 Init: Issued: 00/00/0000 Init: Inspection: 00/00/0000 Init: BCC Vio: 00/00/0000 Init: Court: 00/00/0000 Init: Closed BCV: 00/00/0000 [nit: Closed VI: 00/00/0000 Init: S i No: 02 Zornog Information Parcel No :0801 15 000054 Legal Descr:9642 5W4 15 6 64 EXC BEG SW COR OF SEC THENCE NO1D12'E 378.9 Owner Name :HUSKER DAIRY INC Date:00/00/0000 Verified: Setbacks N: S: E: W: Req by Zoning Sec Twn Rng:15 06 64 Notes: Zoning Dist:AGRICULTURAL Acres .00 ** 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met ** Legal Lot ¶ Site Plan Review SPR Prior to Zoning Yr ¶ Board of Adjustment BOA t 80 Acres ¶ Non-Conforming Use NCU Rec Exemption RE ¶ Flood Hazard Dev FHDP Sub Exemption SE ¶ Geological Hazard GHP Use Spec Review USR ¶ Accessory Dwelling ZPAD Planned Unit Dev PUD ¶ Subdivision S ¶ Change of Zone COZ ¶ Violation VI Screen No: 03 Violation Letter Text Use this screen to add text to be merged with violation letters. For all letters - Dear... : (include ',') For all letters - My Name: My Title: Permit Num: 981040 Permit No VI-9700096 DATA SHEET Page: 2 COMPLAINT 05/28/97 10:13 r: Process Tables Continued... Ordinance Section: For Case Summary - To bring property into compliance... Data: People OWNER HUSKER DAIRY INC 05/28/97 P 0 BOX 69 BROKEN BOW NE 68822 Data: Conditions Data: Comments Data: Inspections Item: 00404 TELEPHONE CALL Dept: Division: Item: 00405 LETTER Dept: Division: Item: 00400 SITE INSPECTION Dept: Division: Item: 00406 OFFICE VISIT Dept: Division: Do.a: Approvals Item: 00001 Building Department Dept: BUILDING Division: Item: 00002 Planning Department Dept: PLANNING Division: Data: Locks, Holds, Notices Data: Addresses Data: Parcels 080115000054 / / 981040 PERMITS Id: ASSR100M Keyword: SPARC User: JCHESTER 05/28/97 Parcel General Information Maintenance eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeef r .general Parcel Data Maint - Action: Update Record ❑ t,.,.aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN ❑ Parcel No: 0801 15 000054 Rg Ts Sec : 640615 ❑ ❑ ❑ ❑ Status : A Active Retired(Y/N) : N ❑ ❑ Street Address : Dir: • St : City: ❑ ❑ Situs Location: 33440 55 CR GILL ❑ ❑ Legal Desc : 9642 SW4 15 6 64 EXC BEG SW COR OF SEC THENCE NO1D ❑ ❑ Acres : 153 . 77 ❑ ❑ X-COORD : ❑ ❑ Y-COORD: ❑ ❑ Tax Rate Area : 0740 ❑ ❑ Assr Use Code : 1196586 Assessed/Exempt : ❑ ❑ Pub Owned (Y/N) : N ❑ ❑ Primary Owner: HUSKER DAIRY INC Phone : ❑ ❑ Mailing Addr: P 0 BOX 69 ❑ ❑ BROKEN BOW NE ❑ ❑ Zip : 68822 ❑ ❑ Contract Owner: Percent/Ownership: . 00 ❑ aeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeey <F7>Write Record, <F2>Allow Fractions, <ESC>Cancel PERMITS Id: ASSR100D Keyword: SPARC User: JCHESTER 05/28/97 *'tercel Legal Description Maintenance eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee£ ❑ Parcel Legal Description - Action: Update Page : 1 ❑ uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN ❑ 9642 SW4 15 6 64 EXC BEG SW COR OF SEC THENCE NO1D ❑ ❑ 12 ' E 378 . 93 ' N88D45' E 524 . 66' S391 . 52 ' N89D51'W 52 ❑ ❑ 5 . 96 ' TO BEG LOT B AMENDED REC EXEMPT RE-655 EXC U ❑ ❑ PRR RES (3 . 38R 1 . 80L) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ aeee6eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee6eeeeeeeeeeeeeeeeeee6eeeer ❑ Parcel : 0801 15 000054 Use : 1196586 Owner: HUSKER DAIRY INC ❑ ❑ Situs : 33440 55 CR GILL Acres : 153 . 77❑ ❑ Legal : 9642 SW4 15 6 64 EXC BEG SW COR OF SEC THENCE NO1D ❑ ae66eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee6eeeeee6eeeeeeee6eeeeeeeeeeeeeee1 <F7>Update, <F2/PgDn>Next Page, <F3/PgUp>Prev Page, <ESC>Cancel R M I T S Id: MISC301 Keyword: SPARC User: JCHESTER 05/28/97 User Defined Data Fields for Parcel No: 0801 15 000054 Oaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaafi ° Parcel No : 0801 15 000054 ° aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaai 981040 PERMITS Id: ASSR100M Keyword: SPARC User: JCHESTER 05/28/97 Parcel General Information Maintenance eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee£ ❑ eneral Parcel Data Maint - Action: Update Record ❑ uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN ❑ Parcel No : 0801 15 000054 000002 Rg Ts Sec : 640615 ❑ ❑ o ❑ Status : A Active Retired(Y/N) : N ❑ ❑ Street Address : 33440 Dir: St : WCR 55 City: WEL ❑ ❑ Situs Location: 33440 55 CR WELD ❑ ❑ Legal Desc : 9642 IMPS ONLY MH SW4 15 6 64 ❑ ❑ Acres : . 00 ❑ ❑ X-COORD: ❑ ❑ Y-COORD: ❑ ❑ Tax Rate Area : 0740 ❑ ❑ Assr Use Code : 0116492 Assessed/Exempt : ❑ ❑ Pub Owned (Y/N) : N ❑ ❑ Primary Owner: VELLEMA DAIRY Phone : ❑ ❑ Mailing Addr: 33440 WELD CO RD 55 ❑ ❑ GILL CO ❑ ❑ Zip: 80624 ❑ ❑ Contract Owner: Percent/Ownership: . 00 ❑ aeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee1 cF7>Write Record, <F2>Allow Fractions, cESC>Cancel 981040 PERMITS Id: ASSR100D Keyword: SPARC User: JCHESTER 05/28/97 Parcel Legal Description Maintenance eee666e66666666666666e6666e666666666ee6666666666888888666666&888886666668888888£ ❑ arcel Legal Description - Action: Update Page : 1 ❑ uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN ❑ 9642 IMPS ONLY MH SW4 15 6 64 ❑ ❑ CAVCO BY REDMAN 87-D870362U&X ❑ ❑ LAND OWNER WYPKE & CATHLEEN NAOMI VELLEMA ❑ ❑ 33440 55 CR WELD ❑ ❑ a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a88888866666688888&88888866e666666666666e6666666688888866666666666666e666666666Y ❑ Parcel : 0801 15 000054 000002 Use : 0116492 Owner: VELLEMA DAIRY ❑ ❑ Situs : 33440 55 CR WELD Acres : ❑ ❑ Legal : 9642 IMPS ONLY MH SW4 15 6 64 ❑ a66666888888666666666&66666668&888888&88&66666666666666666666666666666666666666Y <F7>Update, <F2/PgDn>Next Page, <F3/PgUp>Prev Page, <ESC>Cancel • 991040 PERMITS Id: ASSR100O Keyword: SPARC User: JCHESTER 05/28/97 Parcel Owners Maintenance eeee66668eeeeeeeeeeee8886eeeeee88688888eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee668e£ ❑ Lrcel : 080115000054000002 ❑ ❑ Owner Maintenance - Action: Update Record ❑ uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN ❑ Owner Name : VELLEMA DAIRY ❑ ❑ Mailing Address : 33440 WELD CO RD 55 ❑ ❑ GILL CO ❑ ❑ ❑ ❑ Zip: 80624 ❑ ❑ Phone : Date : 12/14/95 ❑ ❑ ❑ ❑ Contract Owner: Type : Percent : . 00 ❑ ❑ Notation: Assessors Conversion ❑ ❑ ❑ aeeeeeeeeee66e688886666e6668eeeeeeeeeee888e66eeeeeeeeeee6eeeeeeee6eeee8ee8866881 eeeeeeeeeeeeeeee6e6e6ee6eeeeeeeeeeeeeeeeee686888888888888eeeeeeeeeeeeeeeeee8666£ ❑ Parcel : 0801 15 000054 000002 Use : 0116492 Owner: VELLEMA DAIRY ❑ ❑ Situs : 33440 55 CR WELD Acres : ❑ ❑ Legal : 9642 IMPS ONLY MH SW4 15 6 64 • ❑ a8e8eee8eee88888888686ee6868888ee888888e68ee8eeeee6888888eeeee66888e888eee886881 <F7>Update Record, <ESC>Cancel Update, <F1>Help. 981040 P ER M I T S Id: ASSR100M Keyword: SPARC User: JCHESTER 05/28/97 Parcel General Information Maintenance ee6e666eeee66e6ee6ee66ee666eeeeeeeee2eeeeeeeeeeeeeee66eeee£eeeeeeeeeeeeeeeee£eef C eneral Parcel Data Maint - Action: Update Record ❑ uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN ❑ Parcel No: 0801 15 000054 000003 Rg Ts Sec : 640615 Q Q Q Q Status : A Active Retired (Y/N) : N ❑ ❑ Street Address : Dir: St : City: Q ❑ Situs Location: 33440 55 WCR KERSEY ❑ ❑ Legal Desc : 9642 IMPS ONLY MH SW4 15 6 64 NASHUA 66-NYB2CK1132 ❑ Q Acres : . 00 ❑ ❑ X-COORD: ❑ Q Y-COORD: Q ❑ Tax Rate Area: 0740 Q Q Assr Use Code : 1043397 Assessed/Exempt : ❑ ❑ Pub Owned(Y/N) : N ❑ ❑ Primary Owner: HOYER EUGENE B Phone : Q Q Mailing Addr: C/O VELLEMA VICTOR ❑ Q KERSEY CO ❑ ❑ Zip: 80644 ❑ Q Contract Owner: Percent/Ownership : . 00 ❑ aeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeY <F7>Write Record, <F2>Allow Fractions, <ESC>Cancel PERMITS Id: ASSR100D Keyword: SPARC User: JCHESTER 05/28/97 rcel Legal Description Maintenance .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . e��eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee£ ❑ Parcel Legal Description - Action: Update Page : 1 Q uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN Q 9642 IMPS ONLY MH SW4 15 6 64 NASHUA 66-NYB2CK1132 ❑ ❑ 2 LAND HUSKER DAIRY INC ❑ a Q Q Q a ❑ Q ❑ ❑ a ❑ a Q ❑ a ❑ II ❑ aeeeeeeeeeeee£eeeeeeeeeeeeeeeee£e£6eeee6eeeee666eeeeeeeeeeeeeeeeee6e6eeeeeeeeeeY ❑ Parcel : 0801 15 000054 000003 Use : 1043397 Owner: HOYER EUGENE B ❑ Q Situs : 33440 55 WCR KERSEY Acres : ❑ ❑ Legal : 9642 IMPS ONLY MH SW4 15 6 64 NASHUA 66-NYB2CK1132 ❑ aeeeeeee66eeee6eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee6e6eeeeeeeee6eeeeeee6eeee6eeY <F7>Update, <F2/PgDn>Next Page, <F3/PgUp>Prev Page, <ESC>Cancel 991040 MEMORANDUM "l ige TO: Weld County Commissioners DATE: Aq jst 11, 1997 FROM: Trevor Jiricek, Health Departme !� COLORADO SUBJECT: Husker Dairy, Case Summary The following is a chronological summary of the major events and correspondence between the Health Department and the Husker Dairy. I have also provided a summary of the violations of the Confined Animal Feeding Operation Control Regulations (5 CCR-19). The summaries are as follows: May 29, 1996 In response to a complaint from the Weld County Road and Bridge Department concerning a discharge from the Husker Dairy the Weld County Health Department(WCHD) inspected the site. The inspection revealed that an apparent discharge of manure contaminated water had occurred. As a result,the WCHD advised the site operator, Rick Hawley, in a letter(attached) dated May 29, 1996, that the site may not be in compliance with the CAFO Regulations and that the operator should review the facility's manure and waste water management plan. May 25, 1997 In response to a complaint concerning a discharge from the site the WCHD inspected the site and interviewed the site operator, Rick Hawley. As a result, we advised the site operator, Rick Hawley, in a letter (attached) dated May 28, 1997, that the site was in violation of CAFO. The letter requested that within 30 days a plan of correction and a manure and waste water management plan be submitted to the WCHD. June 8 & 9, 1997 On both of these dates, in response to complaints concerning a discharge from the site the WCHD inspected the site. The inspection revealed that the facility was discharging manure contaminated process waste water from the site. This was confirmed by the collection and analysis of samples on both of these dates. The WCHD advised Rick Hawley and Gene Hoyer, in a letter (attached) dated June 10, 1997, that the site continued to operate in violation of the CAFO Regulations. We again requested a manure and waste water management plan and indicated that we would not provide an extension to the previous request of May 28, 1997. 981040 Husker Dairy Case Summary August 11, 1997 Page 2 June 13, 1997 Julie Chester and I met with Rick Hawley and Gene Hoyer concerning the violations at the Dairy. We agreed upon a time table to address items of non-compliance at the dairy. The time table was summarized in a letter (attached) dated June 17, 1997. August 1, 1997 I met with Gene Hoyer and Tom Cope of Total Engineering. According to Mr. Hoyer he had hired Mr. Cope to do the engineering at the site. We discussed the requirements of CAFO. Mr. Hoyer indicated that he will come prepared to the probable cause hearing with a reasonable time line. Summary of the violations of the Confined Animal Feeding Operations Control (CAFO) Regulations: • The facility has discharged manure contaminated effluent to waters of the state. This is a violation of Section 4.8.3(A) of CAFO. • The facility does not have appropriately sized waste water retention structures. This is evidenced by the continued discharge of manure contaminated process waste water. This is a violation of Section 4.8.3 (B)(2) of CAFO. • The facility does not determine if manure and waste water are applied at agronomic rates, nor does it maintain records of the land application of manure or process waste water. This is a violation of Section 4.8.5(A)(5) of CAFO. • The facility does not maintain 2 feet of free board in the retention structures. This is a violation of Section 4.8.3(C)(1) of CAFO. • The facility does not provide waste water containment or conveyance structures for the pens on the north side of the facility, thus allowing discharge of manure contaminated water. This is a violation of Section 4.8.4(D)(1) of CAFO. • The facility does not maintain the conveyance structures in order to allow process water to flow into the retention structures. They have been observed full of manure and sediment. This results in the discharge of manure contaminated waste water. This is a violation of Section 4.8.4(D)(1) of CAFO. • The facility does not provide tailwater facilities to retain excess waste water when flood irrigating. This is a violation of Section 4.8.5(A)(2) of CAFO. 981040 Husker Dairy Case Summary August 11, 1997 Page 3 Summary of the summaries: We advised the facility in May 1996 of potential problems. We have since requested the facility's manure and waste water management plan and compliance time line in two separate letters. We have met with the facility operator and owner and established deadlines for the submittal of these same documents. The facility has not complied with any of our letters or the mutually agreed upon time line. To date, we have not received a compliance time line or a manure and waste water management plan. We continue to receive complaints concerning discharges from this facility. The facility continues to operate in violation of development standards 1, 2, 3, and 4 of USR-820 and the Confined Animal Feeding Operation Control Regulations. tj\804 • 981040 6;41" DEPARTMENT OF HEALTH 1 517LE 16C GREEY OLORADOAVENUE 80631COURT C. ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 May 29, 1996 Rick Hawley Husker Dairy P.O. Box 202 Gill, Colorado 80624 Dear Rick: As we discussed earlier today, I have enclosed a copy of the "Confined Animal Feeding Operations Control Regulation". This regulation and your County Special Use permit are the criteria which the feedlot portion of your facility must operate under. Our office does not have a complete copy of your County Special Use Permit. I suggest you contact Todd Hodges at the Weld County Department of Planning Services (356-4000, extension 3558) to obtain a copy of this permit. Our Department is concerned with the recent discharge of effluent from this facility to State waters. We recommend that you review the facility's manure and waste water management plan. It appears that Mr. Vellema never fully implemented the previously proposed plan. On this date, we also discussed possible amendments to the manure and waste water management plan. We recommend that you submit any proposed amendments to this Department and the Colorado Department of Public Health& Environment for review and comment. Our Department's philosophy is to work with feedlot and dairy operators to bring them into compliance with all applicable rules. I should advised you though, that continued releases of waste or process water into State waters could result in enforcement action. This is a course of action we hope never to take! I look forward to working with you. If you have any questions, please call me at (970) 353-0635, extension 2232. Sincerely, - Trevor Jiri ek Supervisor Environmental Protection Services tj\375 cc: Todd Hodges, W.C. Planning Department 981.040 ( ti; DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 ADMINISTRATION (970) 353-0586 C� HEATH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 Certified Letter No.: P 077 960 528 May 28, 1997 Rick Hawley Husker Dairy P.O. Box 69 Broken Bow, Nebraska 68822 Dear Mr. Hawley: As you are aware, as the result of a complaint, on May 27, 1997, your feedlot located at 33440 Weld County Road 55, Weld County, was inspected by a representative of the Weld County Health Department. The complaint alleged that the facility was • discharging process waste water and manure contaminated water off-site in violation of the Confined Animal Feeding Operation Control Regulation ((CAFO Regulations)(5 CCR 1002-19)). The purpose of the inspection was to assess the facility's compliance with the CAFO Regulations and the conditions established in the facility's Use by Special Review Permit#820 (USR-820). This inspection revealed the following: •Evidence that a discharge from the facility occurred on May 25, 1997. This is based upon discussions with the complainant and yourself, as well as observation of a greenish-black scum on a lateral ditch located on the eastern portion of your facility. •The site does not maintain adequate records regarding the land application of manure and/or wastewater. The facility employs flood irrigation methods to land apply wastewater without having adequate tailwater facilities. Please,be advised that the above described situation is in violation of both the CAFO Regulations and the Weld County Zoning Ordinance. Specifically, this facility is in violation of Section 4.8.3(A), pertaining to surface water protection requirements and 981040 • Section 4.8.5(A)(2) and 4.8.5(A)(5), pertaining to beneficial use and disposal of manure and process wastewater of the CAFO Regulations, as well as development standards #2 and #3 of USR-820. As you are aware, in my May 29, 1996, letter to you I had expressed our concern with the discharge of effluent from the facility and advised you that continued discharge could result in enforcement action. Therefore, be advised that you have 30 days from receipt of this notice to respond with a plan for correction for the aforementioned violations and submittal of a comprehensive manure and wastewater management plan. Failure to submit the plan of correction and a comprehensive manure and wastewater management plan will leave us no choice but to request that the Weld County Planning Department pursue this as a violation of the Weld County Zoning Ordinance. This could result in the revocation of your operating permit. In addition, this case will be referred to the Water Quality Control Division of the Colorado Department of Public Health and Environment for enforcement in accordance with C.R.S. 25-8-601. I anticipate receiving your plan in the near future. If you have any questions regarding this matter, please do not hesitate to contact me at (970) 353-0635, extension 2232. Sincerely, fj ]orrek Trevor Jiricek Supervisor Environmental Protection Services tj\655 cc: John Pickle, Director, Weld County Health Department Lee Morrison, Weld County Attorney's Office Victor Sainz, Colorado Department of Public Health & Environment Monica Daniels-Mika, Director, Weld County Planning Department 981040 DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT ' GREELEY, CO 80631 C ADMINISTRATION (970) 353-0586 HEALTH 353-0635 COMMUNITY OHEALTH (970)TECTION )353-0639 COLORADO FAX (970) 356-4966 Certified Letter No.: P 077 960 554 June 10, 1997 Rick Hawley and Gene Hoyer Husker Dairy P.O. Box 69 Broken Bow, Nebraska 68822 Dear Mr. Hawley and Mr. Hoyer: As you are aware, as the result of a complaint, on June 9, 1997, your feedlot located at 33440 Weld County Road 55, Weld County, was observed by a representative of the Weld County Health Department. The complaint alleged that the facility was discharging process waste water and manure contaminated water off-site in violation of the Confined Animal Feeding Operation Control Regulation ((CAFO Regulations)(5 CCR 1002-19)). The purpose of the inspection was to assess the facility's compliance with the CAFO Regulations and the conditions established in the facility's Use by Special Review Permit #820 (USR-820). This inspection revealed the following: •Waste water was being discharged from the retention pond located on the south west portion of the property. Waste water was observed to be flowing out of the south west corner of this pond. It then flowed south, across a hay field to a ditch along Colorado Highway 392. The waste water then flowed west along the Highway. •The northern most pens do not have adequate run-off containment or diversion structures. Be advised, the above conditions are in addition to those items outlined in my May 28, 1997, and Julie Chester's letter dated June 9, 1997. They also are 981040 • Rick Hawley and Gene Hoyer Husker Dairy June 10, 1997 Page 2 violations of both the CAFO Regulations and the Weld County Zoning Ordinance. We anticipate the receipt of your facility's manure and waste water management plan. Due to repeated violations, we will not grant an extension to the 30-day time period as previously indicated in that May 28, 1997, letter. In addition, we will be discussing this case with the Water Quality Control Division of the Colorado Department of Public Health and Environment to determine if enforcement action is warranted. I anticipate receiving your plan in the near future. If you have any questions regarding this matter, please do not hesitate to contact me at (970) 353-0635, extension 2232. Sincerely, [J,K9t0e- Trevor Jiricek Supervisor Environmental Protection Services tj\664 cc: John Pickle, Director, Weld County Health Department Lee Morrison, Weld County Attorney's Office Victor Sainz, Colorado Department of Public Health & Environment Julie Chester, Weld County Planning Department 981040 • DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100, EXT.3540 FAX (303)352-6312 C WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 June 17. 1997 Husker Dairy, Attn: Rick Hawley 506 16th Street, Apartment 3A Greeley, CO, 80631 Subject: USR-820, VI-9700096 Dear Mr. Hawley and Mr. Hoyer: This letter is in reference to our office meeting on June 13, 1997 concerning the Weld County Planning Department violation of USR-820 and the violations of the Confined Animal Feeding Operation Control Regulations. It was agreed upon that you will initiate discussions with an engineer within the next ten days to address the wastewater and runoff problems, as well as any septic issues. Within twenty days you will provide a reasonable time line to develop and implement a manure and wastewater management plan. This plan must be submitted to both the Department of Planning Services as well as the Weld County Health Department. A new plat map will also be required showing the location of all structures, pens, lagoons and any other associated uses. Within five days from the date of this letter, the mobile home without the appropriate permits must be removed or the appropriate permits obtained. The building permits for the mobile home and the milk barn (BP-41021) must be finaled by August 1, 1997. Any items considered part of a noncommercial junkyard(derelict vehicle,etc.)must be removed from the property within thirty(30) days from the date of this letter. If you have any further comments or questions please feel free to call either the Department of Planning Services or the Weld County Health Department. Thank you for your cooperation in resolving this matter. Sincerely, C 7/t/, L.ti- L: am__ IL�J� Julie Chester Trevor Jirice Zoning Compliance Officer Supervisor, Environment Protection Services pc: VI-9700096, USR-820 Monica Daniels-Mika, Director, Department of Planning Services 981040 Hello