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FW: Johnson's Dairy (23539 CR 72)- flooding private property REF: 4MUSR21-01-1282
20230708_161445jpg;IMG_6718.JPG
From: Bethany Pascoe <bpascoe@weld.gov>
Sent: Wednesday, July 12, 2023 2:21 PM
To: Maxwell Nader <mnader@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: FW: Johnson's Dairy (23539 CR 72)- flooding private property REF: 4MUSR21-01-1282
From: Miguel Garcia <msolisgarcia@weld.gov>
Sent: Wednesday, July 12, 2023 12:56 PM
To: Bethany Pascoe <bpascoe@weld.gov>
Cc: Kim Ogle <kogle@weld.gov>
Subject: FW: Johnson's Dairy (23539 CR 72)- flooding private property
Good afternoon, Bethany,
We got a complaint about the Johnson Dairy (23539 CR 72), was discharging off -site into the neighboring property.
According to CDPHE rep Mike Sherry, this discharge was a legal discharge and abides by both the Johnson's Dairy CAFO
and Discharge Permit. As for any compliance enforcement for this discharge, it appears that both CDPHE and WCDPHE
have no course/action that can be taken. I just wanted to forward this case to you guys so that planning/zoning are in
the loop as well.
Please let me know if you have any questions or concerns. Thanks.
-Miguel
From: Sherry - CDPHE, Michael <michael.sherry@state.co.us>
Sent: Wednesday, July 12, 2023 11:10 AM
To: Miguel Garcia <msolisgarcia@weld.gov>
Subject: Re: Johnson's Dairy (23539 CR 72)- flooding private property
Miguel,
Here are a couple of pictures that show the discharge and current conditions. The neighboring property is on
the left in the second image. The discharge occured from the spillway on the pond to the north of the pond
in the same photo. If zoning needs anything else, let me know.
Mike
Michael Sherry
Environmental Protection Specialist
2023-2028
P�.o74/
Environmental Agriculture Program
Division of Environmental Health and Sustainability
Colorado Department of Public Health and Environment
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COLORADO
Division of Environmental
Health & Sustainability
Department of Public Health & Environment
P 720.588.0051 I F 303.782.4969
4300 Cherry Creek Drive South, DEHS-A2, Denver, CO 80246-1530
michael.sherry®state.co.us I www.colorado.gov/cdphe/cafos
On Wed, Jul 12, 2023 at 10:32 AM Miguel Garcia <msolisgarcia@weld.gov> wrote:
Mike,
Not necessarily. I was just asking for any photos that you took just so that our Zoning department has as good a record
as possible.
Anything you deem appropriate to send would suffice.
From: Sherry - CDPHE, Michael <michael.sherry@state.co.us>
Sent: Wednesday, July 12, 2023 10:20 AM
To: Miguel Garcia <msolisgarcia@tweld.gov>
Subject: Re: Johnson's Dairy (23539 CR 72)- flooding private property
k
Miguel,
2
I did take some pictures during the site visit. they do not really show much other than full impoundments.
Are you looking for something specific for the Zoning dept?
Thanks,
Mike
Michael Sherry
Environmental Protection Specialist
Environmental Agriculture Program
Division of Environmental Health and Sustainability
Colorado Department of Public Health and Environment
P 720.588.0051 I F 303.782.4969
4300 Cherry Creek Drive South, DEHS-A2, Denver, CO 80246-1530
michael.sherry@state.co.us I www.colorado.gov/cdphe/cafos
On Tue, Jul 11, 2023 at 3:48 PM Miguel Garcia <msolisgarcia@weld.gov> wrote:
Good afternoon, Mike,
I was wondering if you took any photos during your on -site inspection? I was planning on forwarding your explanation
to our Building/Zoning department just so that they are in the loop as well.
3
Thank you!
From: Sherry - CDPHE, Michael <michael.sherry@state.co.us>
Sent: Tuesday, July 11, 2023 8:53 AM
To: Danielle Serna <dserna@weld.gov>
Cc: Ryan Fernandez <rfernandez@weld.gov>; Miguel Garcia <msolisgarcia@weld.gov>
Subject: Re: Johnson's Dairy (23539 CR 72)- flooding private property
Dani,
Thanks for forwarding the email below. I wanted to let you all know that I have spoken with both Josh and
John Johnson at the dairy as well as performed a site visit yesterday, July 11th. Based on the inspection
records and videos of the event in question, the discharge from Johnson Dairy was considered a legal
discharge and in compliance with their CAFO permit. If you have any questions regarding the site visit or
determination, please let me know.
Thanks,
Mike
Michael Sherry
Environmental Protection Specialist
Environmental Agriculture Program
Division of Environmental Health and Sustainability
Colorado Department of Public Health and Environment
4
P 720.588.0051 I F 303.782.4969
4300 Cherry Creek Drive South, DEHS-A2, Denver, CO 80246-1530
michael.sherry®state.co.us I www.colorado.gov/cdphe/cafos
On Mon, Jul 10, 2023 at 10:35 AM Danielle Serna <dserna@weld.gov> wrote:
Hey Ryan/Miguel,
I received a call from Joshua Lane (23539 CR 72; 9705905897) that Johnson's Dairy released water from the lagoon
after the rain event this past weekend and flooded Josh's pond area. Mr. Johnson claimed he was allowed to do this
during natural disasters/events in his permit...not quite sure what permit or what he is referencing there. They do
have a USR (4MUSR21-01-1282) as well as a CDPS (Colorado Discharge Permit) regulated by the Water Quality
Control Commission and Water Quality Division (state)- maybe this is what he was referencing.
Either way he is sending you photos. I told him we only have regulatory authority over the land use permit in this
case (at least from what I can remember with waste complaints). He has already spoken with Mike Sherry with
CDPHE and he is possibly going to go take a look (I have him cc'd here).
Planner on the most recent land use amendment with WC is Michael Hall.
Agpro is listed as a rep...Tim Naylor (9705359318; tnaylor@agpros.com).
Mike -
I
5
Thank you.
Owner: LANE JOSHUA J
e
Iccou nt R0026487 Parcel: 380301000066
tddress: 2.3539 COUNTY ROAD 72 WELD
+ubd ivision:
,ection: 1 Township: 6N Ranee: 65W
axes Property Reoort Data Search Buffer Sales
•••
4.1/4i;f. r r f -fi n T '1 •
Dani Serna, R.S/ R.E H.S.
Air Quality Program Lead,
Weld County Environmental Health
1555 N. 17th Ave.
Greeley, CO 80631
dsernaweldgov.com
970-400-2239 (office), 970-518-2626 (cell)
6
Hello