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RESOLUTION
RE: APPROVAL OF SPECIAL USE PERMIT FOR A HOG OPERATION FOR
GARY E. SIMPSON, 21826 WELD COUNTY ROAD 88 , AULT,
COLORADO 80610 .
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, the Board of County Commissioners of Weld County,
Colorado held a public hearing on the 13th day of June, 1978 at
the hours of 2:00 o 'clock p.m. in the Chambers of the Board of
County Commissioners for the purpose of hearing the application
of Gary E. Simpson, 21826 Weld County Road 88, Ault, Colorado
80610 , for the granting of a Special Use Permit for a hog
operation on the following described real estate, to-wit:
The East Half of the Northwest Quarter of
Section 26, Township 8 North, Range 65
West of the 6th Principal Meridian, Weld
County, Colorado being 80 acres more or
less.
WHEREAS, the petitioner was present, and
WHEREAS, evidence was presented in support of the granting
of the Special Use Permit for a hog operation on the above-
described real estate, and
WHEREAS, Section 3. 3 (E) (2) of the Weld County Zoning Resolu-
tion authorizes such a use in an Agricultural Zone District upon
approval by the Board of County Commissioners, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado heard all the testimony and statements of those present,
has studied the request of the petitioner and the recommendations
of the Weld County Planning Commission and all of the exhibits
and evidence presented in this matter, and having been fully
informed, is satisfied that the request for a Special Use Permit
for a hog operation on the hereinabove described real estate,
conforms to the purposes of Section 3 .3 (E) (2) of the Weld County
Zoning Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the application of the
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petitioner for a Special Use Permit for a hog operation on the
hereinabove described tract of land be, and hereby is , granted
subject to the Development Standards contained in the Special
Use Permit.
BE IT FURTHER RESOLVED by the Board that the reasons for
approval contained in the Planning Commission recommendations
dated May 1, 1979 be, and hereby are, incorporated as the
findings of fact of the Board of County Commissioners in this
matter.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 13th day of
June, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4elet,,,,,.i ./6/-ila-,f, Pro terpt
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ATTEST:
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Weld County Clerk and Recorder
a erk to the Boar%
Deputy County Cl rk
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APP'+!. ED AS TO FORM:
o
County Attorney
DATE PRESENTED: JUNE 18, 1979
BEFORE 1HE WELD COUNTY, COLORADO PLANNIIvb COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date may 1, 1979 Case No. SUP# 387 .79.9
APPLICATION OF Gary E. Simpson
ADDRESS 21826 Weld County Rodd 88, Ault, Colorado__8O610_
Moved by Irma White that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the appli-
cation for site approval of Hog. Operation ceverinc
the following described property in Weld County, Colorado, to-wit:
LEGAL DESCRIPTION 9/14i77
THE LAST HALF OF THE NORTHWEST Qu-ARTER 0 SECTION 26, TOWNSHIP 8 NORTH, RANGE 65
WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO BEING 80 ACRES MORE OR LESS.
uric _
tor the following reasons:
1. The request agrees with the Weld County Comprehensive Plan. Said
Plan states:
"The expansion and development of agri-business and
agriculturally oriented industry will beeencouraged,
provided these enterprises do net adversely affect
the total economy or environment."
It is the opinion of the Planning Commission that with the
design and controls proposed in the operation, there is little
chance for adverse impacts on the total economy or surroudding
environment."
Motion seconded by Frank Sum.la.a.__
Vote: For Passage Jim Gilbert - Against Passage
Fred Otis
Frank Suckle
Irma White __-- _
Bette Kountz
Jerry Kiefer
The Chairman declared the Reso1vtion passed and ordered that a certified copy
be forwarded with the file of this case to the Board of County Commissioners
for further proceedings.
CERTIF i C:AT [ON OF COPY
I, Shirley A. Phillips . RLsh . ng Secretary of tne Weld County Planning
Commission, do hereby certify that (ne ahove and foregoing Resolution is a
true copy of the Resolutich cf the 1; nnirig Comrrissiors of r'eld County, Color-
ado, adopted on May 1, 1979 end recorded in Book No. IZ of
the proceedings of the said '- 1«,i 'r ro
t i the _2 d-;Y of _ May
Gary E. Simpson
SUP-387 : 79 :9
PLANNING COMMISSION RECOMMENDATION
May 1, 1979
It is the opinion of the Planning Commission that this
proposed operation is in compliance with the provisions
of Sections 3 .3 .E. 2 . and 6. 1(4) of the Weld County Zoning
Resolution. The proposed use will be compatible with the
surrounding area, in harmony with the character of the
neighborhood and existing agricultural uses , will not
adversely affect the future development of the area, and
will not adversely affect the health, safety and welfare
of the inhabitants of the area and the county. This
determination is based upon the following :
A. The request is to establish an agricultural enterprise
in the Agricultural Zone District with existing land
uses being predominantly agricultural.
B. The hog operation and the associated management
practices as outlined and controlled in the Development
Standards will make this operation compatible with the
surrounding area by minimizing any potential adverse
impacts .
C. The following referral agencies have reviewed this
request and have set forth no objections to it :
1 . The Greeley District of the Soil Conservation
Service.
2. The Ault Fire Protection District.
3 . The Weld County Extension Service.
D. The Weld County Engineering Department has no objections
providing access to the Special Use Permit area is
restricted according to guidelines in the Development
Standards.
E. The Weld County Health Department has no objections provided
the applicant complies with all local and state regulations
regarding air and water pollution, noise levels and septic
systems as outlined in the attached Development Standards .
The Planning Commission recommendation for approval is conditional
upon the following :
1 . The attached Development Standards being recommended and
adopted for the Special Use Permit.
2. No building or electrical permits shall be issued for
the Special Use Permit area until the Development
,
Gary E. Simpson
SUP-387 : 79 : 9
PLANNING COMMISSION RECOMMENDATION
May 1, 1979
Standards for the Special Use Permit have been placed
on the Special Use Permit plat and said plat has been
delivered to the Department of Planning Services
office.
Gary E. Simpson - SUP
DEVELOPMENT STANDARDS
1. The permitted uses on the hereon described parcel shall be a
hog farrowing and finishing operation and shall be limited to
the facilities shown which are designed to handle a total of
4,480 head of hogs .
2. The Special Use Permit area shall be maintained in such a
manner so as to prevent soil erosion , fugitive dust , and the
growth of noxious weeds .
3. All phases of the operation shall comply with all County and
State Health Standards and Regulations pertaining to air
quality, water quality, noise emission , and sanitary disposal
systems .
4. Lagoons for wastewater retention shall be installed as per
Rules and Guidelines for Water Pollution Control at Livestock
Confinement Areas issued by the Colorado Department of Health,
May, 1968. The applicant shall be responsible for any
additional applicable directives or guidelines issued by the
Colorado Department of Health Water Pollution Control Division.
5 . Access shall be limited to those shown on the hereon described
parcel . All accesses shall have the approval of the Weld County
Engineering Department . All accesses shall be constructed in
accordance with the recommendations and/or requirements of the
Weld County Engineering Department .
6 . All plans, specifications and data pertaining to the hog
operation shall be submitted to the Weld County Health Department
for approval prior to obtaining a Building Permit for the hog
operation.
7. There shall be no discharge of wastes into any streams , other
bodies of water, or adjacent drainage systems without obtaining
a National Pollution Discharge Elimination System Permit from
the Colorado Department of Health.
8 . A soil analysis shall be done on the soil prior to any planned
construction to determine proper footing design . This
information shall be submitted to the Weld County Building
Inspection Department at the time application for a Building
Permit is made for the hog farrowing and finishing facilities.
9. The Special Use Permit shall be limited to the plans shown hereon
and governed by the Development Standards stated above and all
applicable Weld County Regulations . Any material deviations
from the plans and/or Development Standards as shown or stated
above shall require the approval of an amendment to the Special
Use Permit by the Planning Commission and Board of County
Commissioners before such changes from the plans and/or Development
Standards shall be permitted. Any other changes from the plans
and/or Development Standards shall be filed in the office of
the Department of Planning Services .
r
The Weld County Planning Commission held a scheduled meeting on May 1,
1979 in the Weld County Centennial Center County Commissioners Hearing
Room, first floor, 915 10th Street , Greeley, Colorado.
Roll Call was as follows :
Frank Suckla Present
Bette Kountz Present
Jim Gilbert Present
Fred Otis Present
Irma White Present
Jerry Kiefer Present
Ben Nix Absent
Chuck Carlson Absent
Percy Hiatt Absent
Also present were: Tom Honn, Zoning Administrator
Russ Anson, Assistant County Attorney
As a quorum was present the meeting proceeded as scheduled. Vice-Chairman
Jerry Kiefer asked for a motion to approve the minutes of April 17, 1979.
Jim Gilbert stated that the minutes had shown he was present for the
afternoon meeting only and asked that they be corrected to read that he
was present all day. All present then cast a unanimous vote of "aye" to
accept the minutes.
APPLICANT: Continental Pipeline Company
CASE NUMBER: SUP-385 : 79 : 7
SUBJECT: Amend SUP-187 - Oil Storage Facility
LEGAL DESCRIPTION: Pt . NW4 NW1, Section 2 , T1N, R67W
LOCATION: Southeast of the intersection of County Roads 21 and 14
APPLICANT: Continental Pipeline Company
CASE NUMBER: CUP-46 : 79 :6
SUBJECT: Amend CUP-22 - Crude Oil Truck Unloading Facility
LEGAL DESCRIPTION: Pt . NWq, Section 20, T2N, R66W
LOCATION: Northeast of the intersection of U. S. Highway 85 and
County Road 182
APPEARANCE: Chuck Watson
DISCUSSION: Both of these requests were tabled at the April 17, 1979
meeting. At this meeting there were three members present who heard
the request at the April 17 meeting. Mr. Kiefer asked for a clarifi-
cation .from Russ Anson as to whether this will suffice in regard to
voting on the request . Mr. Anson stated that there are only two
qualified members who could vote at this meeting because Mr . Suckla
cast an abstention vote at the last meeting. After discussion as to
why Mr. Suckla had cast an abstention vote, it was decided that he could
vote at this meeting. Chuck Watson of Continental Pipeline Company
stated that since this has been such an emotional and important issue and
also since the opponent is not present at this meeting (the Berger ' s) he
would prefer to have it continued to the May 15 meeting. At this time
additional information will be presented.
MOTION (SUP) : Be it therefore resolved to continue the hearing to the
May 15 , 1979 Planning Commission meeting. Motion by Jim Gilbert ,
seconded by Bette Kountz. A vote of "aye" was cast by Jim Gilbert ,
Fred Otis , Frank Suckla, Irma White, Bette Kountz , and Jerry Kiefer.
MOTION (CUP) : Be it therefore resolved to continue the hearing to the
May 15 , 1979 Planning Commission meeting. Motion by Jim Gilbert ,
Planning Commissioi inutes
Page 2
May 1, 1979
seconded by Bette Kountz. A vote of "aye" was cast by Jim Gilbert , Fred
Otis, Frank Suckla, Irma White, Bette Kountz and Jerry Kiefer.
APPLICANT: Adolph Coors Company
CASE NUMBER: SUP-386 :79: 8
SUBJECT: Open Cut Mining Permit-Surface Coal Mining
LEGAL DESCRIPTION: Pt . Sections 25, 26, 35 abd 36, T3N, R64W
LOCATION: Approximately 5 miles north of Keenesburg
APPEARANCE: Lyle Busch, Manager of Land Resources
DISCUSSION: This application is for surface coal mining which is located
in a reasonably shallow deposit and one that lends itself to mine more
readily by surface methods because it is more economical and the
reclamation is more satisfactory than underground mining. The coal is
situated on overburder 40-50 feet on the north side and 150-160 feet on
the south side of the site. The coal is in a seam 5-8 feet thick. It is
anticipated 11-122 million tons of coal is in the area and the project
is anticipated to last 20-25 years to mine it . Mr. Busch then explained
the many steps that were necessary regarding testing, drillings, etc. in
preparation for the project . The plan for developing the mining operation
could begin as early as July. They would like to obtain permission from
the State to begin construction of an access road and have stated to the
County that if they would be willing to upgrade the road, Adolph Coors
Company would apply an asphalt surface to it . Trucks would being hauling
approximately one year from now 24 hours a day at intervals of every
20 minutes . He then showed the Planning Commission the mining and
reclamation plans by use of a map presentation. They feel the impacts on
the operation will be fairly minimal . There are very few houses in the
area. The site would not be readily visible. There being no comments
at the time, Tom Honn read the staff ' s recommendation for approval and
the Development Standards . Mr. Busch then commented on the Development
Standards regarding operating only during daylight hours. He feels there
would be too much concentration of traffic in a shorter period of time if
they operate only during daylight hours and it would be too costly.
Discussion followed regarding the use of irrigation water for ground cover
from the Foxhills aquifer and how suitable it would be for grass . There
was also discussion regarding the severance tax. Russ Anson suggested
that several modifications be made regarding the conditions of the road
maintenance program, this being that instead of offering and agreeing to
acceptable program of road maintenance with the County Commissioners it
should be proposed. Also that if additional roadways are requested to be
dedicated for public use, they should be made a part of the condition.
Keavan Starks expressed concern in regard to the traffic generated along
County Road 59. He feels that property owners along County Road 59 should
be notified of the traffic volume .
MOTION: Be it therefore resolved to recommend approval with the
modifications as stated by Russ Anson, to eliminate Operation Standard
#3 as recommended by the Planning Staff , and to notify property owners
on County Road 59 between Keenesburg and the mine site of the County
Commissioners hearing by the Planning Staff. Approval was also recommended
based on the staff ' s recommendation. The motion was made by Jim Gilbert
and seconded by Fred Otis. A vote of "aye" was cast by Jim Gilbert , Fred
Otis, Frank Suckla, Irma White, Bette Kountz , and Jerry Kiefer.
Planning Commission ,utes
Page 3
May 1, 1979
APPLICANT: Gary E. Simpson
CASE NUMBER: SUP-387: 79 : 9
, SUBJECT: Hog Farrowing and Finishing Operation
i LEGAL DESCRIPTION: Pt . EZ NW4, Section 26, T8N, R65W
LOCATION: Approximately 62 miles east of Pierce, 1i mile west of Purcell
APPEARANCE: Gary E. Simpson
' DISCUSSION: Mr. Simpson stated that this will be a 400 sow, farrow to
finish, confinement hog facility. The facility will be designed with the
' most modern methods used today. He has been operating from a Special Use
Permit site 2 miles southwest of the new proposed site and to his
knowledge he has not had any concerns from surrounding neighbors expressed
to him. There being no questions at this time, Tom Honn read the staff 's
recommendation for approval and the Development Standards. Mrs . White
stated that she feels Mr. Simpson had a good business at the other site
and does a good job at it .
MOTION: Be it therefore resolved to recommend approval with the
Development Standards to the Board of County Commissioners based on the
staff ' s recommendation. Motion by Irma White, seconded by Frank Suckla.
A vote of "aye" was cast by Jim Gilbert , Fred Otis, Frank Suckla, Irma ;
White, Bette Kountz, and Jerry Kiefer. Motion carried.
APPLICANT: Phillip W. Kennedy
CASE NUMBER: Z-310 : 79 : 14
SUBJECT: Change of Zone from "A" Agricultural Zone District to "C"
Commercial Zone District
APPEARANCE: Phillip W. Kennedy
DISCUSSION: Mr. Kennedy desires to create an auto dealiership on 3 acres
of property at this particular site. Ther were no questions or comments
at this time. Tom Honn then read the staff ' s recommendation for approval
of the request . A great deal of discussion followed regarding the highway
improvements as requested by the State Highway Department as regards the
deceleration and acceleration lanes and the curb and gutter and who is
responsible for the development of them. Mr. Kennedy stated he does not
feel he should be responsible for the development of the curb and gutter.
MOTION: Be it therefore resolved to continue the request to the May 15 ,
1979 Planning Commission meeting and prior to that a meeting with the
Planning Staff, Mr. Kennedy and the State Highway Department to discuss it
further. Input from that meeting will be brought before the Planning
Commission on May 15 , 1979 . Motion by Jim Gilbert , seconded by Irma White.
A vote of "aye" was cast by Jim Gilbert , Fred Otis, Frank Suckla, Irma
White, Bette Kountz and Jerry Kiefer. Motion carried.
APPLICANT: Clyde G. Malara
CASE NUMBER: Z-319 : 79 : 3
SUBJECT: Change of Zone from "A" Agricultural Zone District to "I"
Industrial Zone District
APPEARANCE : Sam Telep
DISCUSSION : This request for a change of zone is on four acres of property
which presently has a 50 ' x 300 ' metal building on the property . Potential
purchasers of the property would like to use the building to construct
recreational vehicles, i .e . , camper-trailers . Tom Honn first read the
• Planning Commission ,nutes
Page 4
May 1, 1979
staff ' s recommendation for denial of the request . Discussion followed
regarding the two meetings of the Fort Lupton Planning Commission.
There is some discrepancy as to whether or not they approved or denied
this request . Mr. Telep stated that the first meeting which was held was
not a public meeting and that the comprehensive plan of Fort Lupton has
not been adopted which would be in the jurisdiction of Weld County. Mr.
Malara then stated that he does not know what he can with the property
now. Mr. Suckla commented that he sees nothing wrong with the proposal
and that this is an ideal location for industrial zoning. A great deal
of discussion followed regarding Fort Lupton ' s position on the request .
Russ Anson then gave the conditions for rezoning as stipulated in the
Zoning Resolution. Discussion again followed.
MOTION: Be it therefore resolved to continue the hearing to the May 15,
1979 Planning Commission meeting. Prior to this meeting a field trip
should be taken individually by members of the Planning Commission to
see the site from Brighton to Fort Lupton . It was also requested that
someone from Fort Lupton reply to the letter from the Town of Fort
Lupton or be present at the May 15, 1979 meeting. The motion was made
by Jim Gilbert and seconded by Fred Otis. A vote of "aye" was cast by
Jim Gilbert , Fred Otis, Irma White, Bette Kountz and Jerry Kiefer. A
vote of "no" was cast by Frank Suckla.
APPLICANT: Gerald Jantz and Ron J. Lint
CASE NUMBER: S-160: 79 :5
SUBJECT: Preliminary Plan - Ravensdale Estates
LEGAL DESCRIPTION: Pt. NE$, Sectio n16, T5N, R66W
LOCATION: 2 mile south of Greeley at the southwest corner of the
intersection of 37th Street and 35th Avenue
APPEARANCE: Dennis Messner of Hogan and Olhausen
DISCUSSION: This particular piece of property was rezoned earlier this
year. This request is on 15z acres of proerty with 16 lots of approximately
1 acre each . The site will be served by Hill-N-Park Sanitation District
and Central Weld Water District . They are also proposing to develop the
water and drainage system as shown on the plat and also a subsurface drainage
system will be developed along with the other improvements . Tom Honn
then read the staff ' s recommendation for approval . John Hall of the Weld
County Health Department then addressed the Department ' s concern regarding
the lagoon and sewage disposal system. At it is presently being operated
it is unacceptable . If the problem is corrected as far as the Health
Department is concerned, they would have no objection to it . Discussion
followed regarding whether or not the correction must be made at this time
before the preliminary plat is approved or at the final plat stage.
MOTION: Be it therefore resolved to recommend approval to the Board of
County Commissioners based on the staff ' s recommendation . Motion by Fred
Otis, seconded by Jim Gilbert . A vote of "aye" was cast by Jim Gilbert ,
Fred Otis, Frank Suckla, Irma White, Bette Kountz and Jerry Kiefer. Motion
carried.
There being no further business, the meeting was adjourned.
Respectfully, �submiittYed
�h'irle 3
S y . Phillips
Planning Commission Secretary
A public hearing was conducted on June 13, , 1979 at
2: 00 P . M. , with the following present:
NORMAN CARLSON CHAIRMAN
LYDIA DUNBAR COMMISSIONED EXCUSED
BILL KIRBY COMMISSIONER
LEONARD ROE COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD , JEANNETTE ORDWAY
ASSISTANT COUNTY ATTORNEY , R. RUSSELL ANSON
PLANNING DEPARTMENT REPRESENTATIVE , TOM HONN
'The following business was transacted:
I hereby certify that pursuant to a notice dated May 7, 1979 duly
published May 10, 1979 and May 31, 1979 in the Platteville Herald, a public
hearing was held on the request of Gary E. Simpson for a Special Use Permit
for a hog operation. Mr. Gary E. Simpson presented his request and answered
questions. Mr. Honn read the Planning Staff's favorable recommendation
including the development standards into the record. Adjacent landowners
were present and commented on the request. After discussion, Commissioner
Steinmark made a motion to approve this request including the development
standards. Commissioner Roe seconded the motion and it carried unanimously.
•
•
CHAIRMAN •
BOARD OF COUNTY COMMISSIONERS
/�� WELD COUNTY, COLORADO
ATTEST: a,c,c,� C;,,twk.
;1.42,(Al.mt;l1
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOA
Y: ,� J
putt' County C rk
D ET # 79-26
TAPE # 79-69
•
LHR#
Date : 1'-.y 1, 1979
CASE NUMBER: SUP-387 : 79 : 9
NAME: Gary E. Simpson
REQUEST: Hog Operation
LEGAL DESCRIPTION: Pt . E- NWi, Section 26 , T8N, R65W
LOCATION: 6 miles east of Pierce , 12 miles west of Purcell
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS
REQUEST BE approved FOR THE FOLLOWING REASONS :
1. The request agrees with the Weld County Comprehensive Plan _ Said
Plan states :
"The expansion and development of agri-business and
agriculturally oriented industry will be encouraged,
provided these enterprises do not adversely affect
the total economy or environment . "
It is the opinion of the Department of Planning Services staff
that with the design and controls proposed in the operation ,
there is little chance for adverse impacts on the total economy
or surrounding environment .
It is the opinion of the Department of Planning Services staff
that this proposed operation is in compliance with the provisions
of Sections 3 . 3 .E. 2 . and 6 . 1(4) of the Weld County Zoning
Resolution . The proposed use will be compatible with the
surrounding area, in harmony with the character of the neighborhood
and existing agricultural uses , will not adversely affect the
future development of the area, and will not adversely affect
the health, safety and welfare of the inhabitants of the area
and the county. This determination is based upon the following :
A. The request is to establish an agricultural enterprise
in the Agricultural Zone District with existing land
uses being predominantly agricultural .
B. The hog operation and the associated management practices
as outlined and controlled in the Development Standards will
make this operation compatible with the surrounding area by
minimizing any potential adverse impacts .
C. The following referral agencies have reviewed this request
and have set forth no objections to it :
Gary E. Simpson
SUP-387 :79 : 9
PLANNING STAFF RECOMMENDATION
May 1, 1979
1 . The Greeley District of the Soil Conservation Service
2 . The Ault Fire Protection District
3 . The Weld County Extension Service
D. The Weld County Engineering Department has no objections
providing access to the Special Use Permit area is restricted
according to guidelines in the Development Standards .
E. The Weld County Health Department has no objections provided
the applicant complies with all local and state regulations
regarding air and water pollution, noise levels and septic
systems as outlined in the attached Development Standards.
The Department of Planning Services staff recommendation for approval
is conditional upon the following:
1. The attached Development Standards being recommended and
adopted for the Special Use Permit .
2 . No building or electrical permits shall be issued for
the Special Use Permit area until the Development
Standards for the Special Use Permit have been placed
on the Special Use Permit plat and said plat has
been delivered to the Department of Planning Services
office.
Gary E. Simpson - SUP
DEVELOPMENT STANDARDS
1. The permitted uses on the hereon described parcel shall be a
hog farrowing and finishing operation and shall be limited to
the facilities shown which are designed to handle a total of
4 ,480 head of hogs .
2 . The Special Use Permit area shall be maintained in such a
manner so as to prevent soil erosion, fugitive dust , and the
growth of noxious weeds .
3. All phases of the operation shall comply with all County and
State Health Standards and Regulations pertaining to air
quality, water quality, noise emission , and sanitary disposal
systems .
4. Lagoons for wastewater retention shall be installed as per
Rules and Guidelines for Water Pollution Control at Livestock
Confinement Areas issued by the Colorado Department of Health,
May, 1968 . The applicant shall be responsible for any
additional applicable directives or guidelines issued by the
Colorado Department of Health Water Pollution Control Division .
5 . Access shall be limited to those shown on the hereon described
parcel . All accesses shall have the approval of the Weld County
Engineering Department . All accesses shall be constructed in
accordance with the recommendations and/or requirements of the
Weld County Engineering Department .
6 . All plans , specifications and data pertaining to the hog
operation shall be submitted to the Weld County Health Department
for approval prior to obtaining a Building Permit for the hog
operation .
7. There shall be no discharge of wastes into any streams , other
bodies of water, or adjacent drainage systems without obtaining
a National Pollution Discharge Elimination System Permit from
the Colorado Department of Health.
8 . A soil analysis shall be done on the soil prior to any planned
construction to determine proper footing design. This
information shall be submitted to the Weld County Building
Inspection Department at the time application for a Building
Permit is made for the hog farrowing and finishing facilities .
9 . The Special Use Permit shall be limited to the plans shown hereon
and governed by the Development Standards stated above and all
applicable Weld County Regulations . Any material deviations
from the plans and/or Development Standards as shown or stated
above shall require the approval of an amendment to the Special
Use Permit by the Planning Commission and Board of County
Commissioners before such changes from the plans and/or Development
Standards shall be permitted. Any other changes from the plans
and/or Development Standards shall be filed in the office of
the Department of Planning Services .
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT 404
915 10TH STREET
GR EELEY,COLORADO 80631
O
COLORADO
April 9, 1979
Mr. Gary Simpson
21826 Weld County Road 88
Ault, Colorado 80610
RE: Request for a Special Use Permit for a hog farrowing and finishing
operation on a parcel of land described as the EZ NW4f Section 26,
T8N, R65W of the 6th p.m. , Weld County, Colorado
Dear Mr. Simpson:
Your application and related materials for the request described above
are complete and in order at the present time. I have scheduled a
meeting with the Weld County Planning Commission for Tuesday, May 1,
1979 at 1:30 p.m. This meeting will take place in the Weld County
Centennial Center County Commissioners Hearing Room, first floor,
915 10th Street, Greeley, Colorado . It is recommended that you and/or
a representative be in attendance to answer any questions the Planning
Commission might have with respect to your application.
If you have any questions , please feel free to contact our office.
Respectfully,
Vickie Traxler
Assistant Zoning Administrator
VT: sap
cc: Dick Fowler
Tee Mah Ent. , Inc.
360 East 8th Street
Greeley, Colorado 80631
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TEE MAH ENT., INC.
360 E. 8th St. Greeley, Colorado 80631
303/351-0691
March 29, 1979
Weld County Planning
& Zoning
Centennial Building
Greeley, CO 80631
Gentlemen:
We have been retained by Mr. Gary Simpson, Simpson Farm Company,
Rural Route 1, Box 118, Ault, Colorado 80610, for the purpose of
designing a confinement hog facility in Weld County, Colorado.
It is our job to design and specify the most current confinement
hog facility available in the hog industry. We are to specify
the building layout, flow patterns, sizes and types of material
best suited for his operation. We are also to specify the type
of equipment, its position and use in these facilities, the type
of ventilation, and manure handling system best suited for his
operation.
I have been consulting with Mr. Simpson on his application for a
Special Use Permit for his proposed 400 sow, farrow to finish,
hog facility. In working with Mr. Simpson and his Manager at his
present facility, I have found them to be very aggressive in their
total business. Agressive, meaning they have worked very hard at
keeping up with the industry changes and continually striving to
do their business far superior to others in the same industry.
Mr. Simpson has indicated to me the desire to have the best
possible facilities and system. He has expressed a desire to
follow all of the regulations set forth for this facility.
I have been previously involved in the Special Use Permit regulations
in Weld County; I received the first permit issued in Weld County
for a hog facility and have since been involved in the application
for no less than a dozen successful permit applications.
I will be working very close with Mr. Simpson through the process
of his receiving a Special Use Permit as well as the construction and
operation of the facilities.
SALES- CONFINEMENT FOR LIVESTOCK EQUIPMENT -SERVICE
r
PaLe 2
march 29, 1979
Weld County P1 anninl;
& loninl;
If I can be of further assistance in this matter, please fee) free
to give me a call.
krsnectfully submitted,
TIE !,1Al( ENTLRPINSES, [NC.
;' �-
Ri cliarcl A. Fowler
President
RAt'/mjr
,
March 29, 1979
Weld County Planning
& Zoning
Centennial Building
Greeley, CO 80631
Gentlemen:
As indicated in the enclosed application for a Special Use Permit,
we are proposing to build a 400 sow, farrow to finish, confinement
hog facility.
There will be approximately two fill time and two part time people
working at the unit. The hours will he much like any farm operation
in that the main working hours will be from 7:00 a.m. to 6:00 p.m.,
with periodic extentions of these hours.
The total facility is designed for the maximum efficiency in ventilation
and manure handling system. The building will be cleaned and flushed
daily, (walkways and equipment hosed down and the manure holding pits
are flushed by a siphon tank). This will enable the manure to be
collected in a holding pond (lagoon) system. The solid manure will
be held in pond ;fr1 (settling pond), the liquid from pond #1 then
will overflow into pond #2, where it will evaporate or be sprinkled
on the grassland pasture. By means of proven chemicals now on the
market, pond =1l will be treated for odor and fly control. The
farrowing, nursery, and breeding building will flush into one lagoon
system, and the finishing buildings into another identical system.
The feedlot type (dirt pens) gestation pens are to have all run-off
diverted into a holding pond (#3) for treatment and sprinkling. A
diversion ditch will be cut along the entire East edge of the building
site to allow the run-off from surrounding areas to be directed away
from the facilities.
The Soil Conservation Service has been contacted and made aware of
our building intention. It is our plan to have the finaT design
for the holding ponds and lagoon systems done by the Soil Conservation
Service office in Greeley.
The access to the farm is shown on the survey maps. This access will
be used for feed delivery (approximately twice weekly), and normal
employee traffic. The marketing schedule will be on a weekly average.
d
Page 2
March 29, 1979
Weld County Planning
& Zoning
This is the second Special Use Permit I have applied for. Our
first operation has complied with all development standards set
at that time, and I propose to follow the guidelines as before.
We have retained a Confinement Livestock Consultant from Weld
County to assist in the design and layout of our building. We
feel with out past experience and success with our present hog
operation combined with the expertise of Mr. Fowler, in the
confinement hog facility design, we will be able to comply with
all regulations set forth in the development standards for our
Special Use Permit.
Sincerely,
,,A; 2. ' / v -
;/
Gary/ E. Simpson
GES/eee
r
FIELD CHECK
FILING NUMBER: SUP-387 DATE OF INSPECTION: 4/27/79
NAME: Gary E. Simpson
REQUEST: Hog Farrowing and Finishing Operation
LEGAL DESCRIPTION: RI- NW4f Section 26 , T8N, R65W
LAND USE: N Agriculture
E Agriculture
S Agriculture
w Agriculture
ZONING: N Agriculture
LOCATION: � miles east of Pierce, E Agriculture
7� miles west of Purcell S Agriculture
W Agriculture
COMMENTS:
Two accesses exist from County Road 90 to the Special Use Permit area.
The Special Use Permit area contains no residences . The parcel is
rangeland with small creek flowing through the western edge of the
parcel . Topography is rolling. There is an unused grain storage
area on the northern edge of the parcel adjacent toLCounty Road 90.
BY:
N OTICE
Pursuant to the zoning laws of the State of Colorado and the
Weld County Zoning Resolution, 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, Greeley, Colorado, at the time specified. All persons
in any manner interested in the Special Use Permit are
requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the
Weld County Planning Commission 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.
APPLICANT
DOCKET NO. #79-26
Gary E. Simpson
21826 Weld County Road #88
Ault, Colorado 80610
DATE : June 13, 1979
TIME: 2:00 P.M.
REQUEST: Special Use Permit - Hog Operation
EKEINDMIKEORIYMVON
LOCATION:
Sixe and one-half miles east of Pierce and one and one-half mile west of Purcell.
0
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Jeannette Ordway, Deputy
Dated: May 7, 1979
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F *GPO 1977-0 249595
N OTICE
Pursuant to the zoning laws of the State of Colorado and the
Weld County Zoning Resolution, 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, Greeley, Colorado , at the time specified. All persons
in any manner interested in the Special Use Permit are
requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the
Weld County Planning Commission 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.
APPLICANT
DOCKET NO.#79-26 Gary E. Simpson
21826 Weld County Road #88
Ault , Colorado 80610
DATE: June 13 , 1979
TIME: 2 : 00 P . M.
REQUEST: Special Use Permit - Hog Operation -
LEGAL DESCRIPTION
The East half of the Northwest Quarter of Section 26 , Township
8 North, Range 65 West of the 6th Principal Meridian, Weld County ,
Colorado , being 80 acres more or less .
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY : MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER AND
CLERK TO THE BOARD
BY : Jeannette Ordway , Deputy
Dated : May 7 , 1979
PUBLISHED : May 10 , 1979 and May 31 , 1979 in the Platteville Hearld
•
N OTICE
Pursuant to the zoning laws of the State of Colorado and the
Weld County Zoning Resolution, 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, Greeley, Colorado, at the time specified. All persons
in any manner interested in the Special Use Permit are
requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the
Weld County Planning Commission 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.
APPLICANT
DOCKET NO. #79-26 Gary E. Simpson
21826 Weld County Road #88
Ault , Colorado 80610
•
DATE: June 13 , 1979
TIME: 2 : 00 P . M.
REQUEST: Special Use Permit - Hog Operation •
LEGAL DESCRIPTION
The East half of the Northwest Quarter of Section 26 , Township
8 North, Range 65 West of the 6th Principal Meridian , Weld County ,
Colorado , being 80 acres more or less .
NOTIC F'
Pm suant to the toning lass, „i,
State of Colorado and the 1te
C ounth Zoning Resolution a public
heating will be held in the
Chambers of the Board of Count\
Commissioners of Weld Counts
Colorado,Weld County Centennial
Center 915 10th Street Greele THE BOARD OF COUNTY COMMISSIONERS
Colorado,at the time specified All
persons in any manner interested WELD COUNTY , COLORADO
in the Special Use Permit ai e
requested to attend and m as be
heard BY : MARY ANN FEUERSTEIN
BE IT ALSOKNOWNthatthetext COUNTY CLERK AND RECORDER AND
and maps so certified bs the Weld CLERK TO THE BOARD
County Planning Commission may
be examined in the office of the
Clerk to the Board of county BY : Jeannette Ordway , Deputy
Commissioners, located in the
Weld County Centennial Center,
915 10th Street, Third Floor
Greeley, Colorado May 7 , 1979
DOCKET NO 79-26
APPLICANT
Gars E Simpson
21826 Weld County Road No 88;D : May 10 , 1979 and May 31 , 1979 in the Platteville Hearld
Ault,Colorado 80610'
DATE June 13 1979
TIME 2 00 p m
REQUEST Special Use Permit -
Hog Operation
LEGAL DESCRIPTION
The East half of the Northwest
Quarter of Section 26 Township 8
North, Range 65 West of the 6th
Principal Meridian, Weld County,
Colorado, being 80 acres more or
less
THE BOARD OF COUNT'S
COMMISSIONERS
WELD COUNTY COLORADO
BY MARY ANN FEUERSTEIN
COUNTY CLERK AND
RECORDER AND CLERK
TO THE BOARD
BY Jeannette Ordway,Deputy
Dated May 7, 1979
Published in the Platteville
Herald and LaSalle Leader,Thurs-
day, May 10 and May 31, 1979
PROOF OF PUBLICATION
The North Weld Herald
Eaton, Colorado 80615
STATE OF COLORADO, ) ss.
County of Weld )
�a —MK NOTICE
I, , do solemnly swear that I am
cad ' Pursuant Pursuant to and zoning laws of the State
f of THE NORTH WELD HERALD; that the of Colorado and the Weld County Zoning
Resolution,a public hearing will be held
same is a weekly newspaper printed, in whole or in part, and in the Chambers of the Board of County
published in the County of Weld, State of Colorado, and has Commissioners of Weld County, Colo-
rado, Weld County Centennial Center,
a general circulation therein; and that said newspaper has 915 10th Street,Greeley,Colorado,at the
time specified All persons in any
been published continuously and uninterruptedly in said manner interested in the Special Use
County of Weld for a period of more than fifty-two con- Permit are requested to attend and may
secutive weeks nextprior to the first be heard
publication of the BE IT ALSO KNOWN that the text and
annexed legal notice or advertisement; that said newspaper maps so certified by the Weld County
Planning Commission may be examined
has been admitted to the United States mails as second- in the office of the Clerk to the Board of
Couclass matter under the provision of the Act of March 3, 1879 Weld dCty uCntyon Centennial eter, in thh
County Center,915 10th
or any amendments thereof, and that said newspaper is a Street,Third Floor, Greeley, Colorado
weekly newspaper duly qualified for publishing legal DOCKET NO. No 79-26
notices and advertisements within the meaning of the laws APPLICANT
Gary E Simpson
of the State of Colorado. 21826 Weld County Road No. 88
Ault, Colorado 80610
That the annexed legal notice or advertisement was DATE: June 13, 1979
published in the regular and entire issue of every number of TIME: 2 00 P M.
said weekly newspaper for the period of Cs rte. ( i) REQUEST: Special Use Permit - Hog
consecutive insertions; and that the first publication of said Operation
notice was in the issue of said newspaper dated LOCATION:Six and one-half miles east
•SNP. AD. . 19 77 , of Pierce and one and one-half mile west
of Purcell
and that the last publication of said notice was in the issue THE BOARD OF COUNTY
of said publication dated A.D., 19 — , COMMISSIONERS
WELD COUNTY, COLORADO
In witness whereof I have hereunto set my hand t is BY: Mary Ann Feuerstein
c.5-[. day day of Mrs em be - A.D. 19 11 . WELD COUNTY CLERK AND
RECORDER AND CLERK TO THE
r BOARD
reLLCIAj�' d�'cwUK) BY: Jeannette Ordway, Deputy
( Dated: May 7, 1979.
C-Zu ,61.10
Published in The North Weld Herald,
June 7, 1979.
Subscribed and sworn to before me, a notary public in
and for the County of Weld, State of Colorado, this
day of A.D., 19 .
Notary Public
.`l 1_,l L,fl , _ I- Ill
FLOW SHFET
APPLICANT: 036.x ?, , Sr`,. CASE # S�.P -30c1 :,c
IL2QUEST:
—- LEGAL: �. C.y, i N Vl �y d t ic,) T ,\NI , R6sw
LOCATION: (c..Y- (rn.�oq E,n�N- f .erce... -
'� Y-N--. \e,s u3e�'- -RL rce.l
DATE I BY
Application Received 3- 3o 1c C�`+C
Application Fee - Receipt # \ L tO - - 19 C RC
Recording Fee, OS%, t to.O 0 2-30--19 C A C
Application Complete -6-3L-1--19 ' " ' ' . e-Ac '
P.C. Hearing Date: V\0..)-6 l ) \R.`iq y -3-1R vT
Letter to Applicant Drafted 4 '3'1.9 NT-
Referrals Listed - }1 V '`
Field Check by D.P.S. Staff 4 ' �-_- -7 9 '-\
File Assembled \-\ -\ \
Referrals Mailed Cam " v
Chaindexed � --- N
Notification of Applicant �� v
Surrounding Property Owners ResearchedIIIIP9 iiiiitii)
Airphoto/Vicinity Map ,Preapred
Property Owners Notified by: 'keri\ a..c .kVC \
Agendas Mailed by: '-\ 'a,3 I \609 it-n--ic\ S.‘). .
Legal Approved by County Attorney 9 —\c\.--1e\ JT.
Referrals - Complete , `t - Zb- 1 g UT
Preliminary D.P.S. Staff Comments 4 - 25-Th U "1
Staff Conference 4- 210--79 11 T'
D.P.S. Comments 4-t --26 -1 kY-C
P.C. Hearing Action: ' O ��� � c -\
P.C. Resolution % -� % Q
Case Sent to Clerk to Board 5`q1-1 CAC,
C.C. Hearing� \�N1'\ Action :O\WXj., \\ '\ %A-
C.C. Resolution Received � \ - \ % `V-
History Card Complete \\�
C.C. Resolution Sent to Drafting \.\\--��� R
Drafted on Mylar 1 113 ? rig <J
Document Sent to Clerk and Recorder -N ,� \ • -Q
P.C. Minutes _ \-- _-\ \.
v , . •
• a
• 4.
SPECIAL USE PERMIT APPLICATION
Weld County
Department of Planning Services
915 - 10th Street
Greeley , Colorado 80631
PHONE : 356-4000 Ext . 404
FOR PLANNING DEPARTMENT USE ONLY :
Permit Fee : ti 12.5.00 ( o �ci Case Number : p : ''��s1 .-1
Recording Fee : $ Hop 3D 119 App . Checked by: ems.
Receipt No . : 104-(0 IT 005
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE-
MENTS : Print or type only , except for necessary signatures .
I , (we ) the undersigned , hereby request a hearing before the Weld County
Planning Commission concerning a proposed Special Use Permit for the
following described unincorporated area of Weld County :
LEGAL DESCRIPTION of contiguous property owned upon which Special Use
Permit is proposed :
Northwest Quarter (NW 1/4) of Section Twenty-six (26) and the
Northeast Quarter (NE 1/4) of Section Twenty-seven (27) , Township Eight (8)
North, Range Sixty-five (65) West of the 6th P.M. , excepting a strip
of land as more particularly described in a quitclaim deed recorded
in Book 414 , Page 337, Weld County records.
LEGAL DESCRIPTION OF SPECIAL USE PERMIT AREA:
A parcel of land located in the East Half of the Northwest Quarter
(E1/2NW1/4) of Section Twenty-six (26) , Township Eight (8) North, Range
Sixty-five (65) West of the 6th P.M. and more specifically described
as beginning at the Northeast Corner of the Northwest Quarter thence
West for a distance of 1300 feet, thence South for a distance of 2640
feet, thence East for a distance of 1300 feet, thence North 2640 feet
to the point of beginning.
STREET LOCATION : Pierce, Colorado (6 1/2 miles East) ZONE : Agriculture
PROPOSED USE : Hog Farm Operation
REASON : Profit
FEE OWNERS OF AREA PROPOSED FOR SPECIAL USE :
NAME : Beulah M. Backstrum ADDRESS : Ault, Colorado TEL :
NAME : UNDER CONTRACT OF SALE ADDRESS : TEL :
NAME : SIMPSON FARMS, Co. ADDRESS pier-ce,Colorado TEL : 834-2763
a Colorado cor Qrati n
who as possession of the premises
I hereby depose and state under the penalties of perjury that all state-
ments , proposals and/or plans submitted with or contained within this
applica .ion are true and correct to the best of my knowledge .
SIMPSON FAT;1S CO.
COUNTY OF WELD )
STATE OF COLORADO )
Signature : or A�r,4ed Agent
Subscribed ans sworn to before me this 13th day of December 1978
by Gary E. Simpson, President of Sim son Farms Co.t'i /Icee‘effC,%Arc"-lk
SE AL Notary Pub is
June 27,
My commission expires : 1981
REFERRAL LIST
I
APPLICANT Cary R_ Simpson
CASE # SUP-387 !79.9
REFERRALS SENT OUT ON: April 9, 1979
REFERRALS RECEIVED
APR 19 1979 County Attorney
APR 19 1979 County Health
of
County Engineer
APR 19 1979
Soil Conservation Service
APR 2 5 1979 4302 West 9th Street
Greeley, Colorado 80631
Irma White
Box 343
- Ault, Colorado 80610
APR 13 1979 County Extension Agent
Owl Creek Supply and Irrigation Company
c/o Don E. Engel
Box 206
Eaton, Colorado 80615
APR 18 1979 Ault Fire District
c/o R. M. VanWhy
Pierce, Colorado 80650
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT 404
915 10TH STREET
GREELEY,COLORADO 80631
.1: . 11
0
• CASE NUMBER SUP-387: 79 :9
COLORADO .
REFERRAL
April 6 , 1979
TO WHOM IT MAY CONCERN:
Enclosed is an application from Gary E. Simpson
for a Special Use Permit for a hog operation
The parcel of land is described as Pt . E� NWT . Sec. 26 . T8N, R65W
The location of the parcel of land for which this application has been
submitted is 61 miles east of Pierce , �i miles west of p77reell
This item is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this item
would be appreciated. If you find no conflicts with your interests,
we would appreciate a written reply to include in our files, or check
the box at the bottom of this page and return it to us. We would like
to receive your comments by April 17 , 1979 so that we
can complete our review before the scheduled Planning Commission
meeting. Thank you very much for your help and cooperation in this
matter. CNNIn;
�+�_ (-
%,?_,APR 1979
s
v l P CrlAs —1-7C0—)( 0 Q—.r__ Wei Gonna! v
Assistant Zoning Administrator � a���gCo��►��°° ��
INI'We hav reviewed the p ans a find no conflict with €2 crests.
Signed"" � 7,77, ( e.7..,_ GtJ Date +,,4i? my-
Agency ia.4,a17(A;‘_, _4r2&- ---‘ 44.,- .
mcmORnflDUfli
W(1-1-11k To Planning Commission Date April 18, 1979
COLORADO From Gilman E. Olson, Utility-Subdivision Administrator
Subject: Gary E. Simpson (S.U.P.)
The only access that can be approved is as shown on plat. Said
access must be 115 or 120 feet east of the east end of Weld
County Bridge 90/45A.
The access now being used in the northeast corner of subject
proper t,must be abandoned because of sight distance.
r ;3.;"
Gilman E. Olson
Utility-Subdivision Administrator
GEO:sar
APR 1979 ' LY,
RECEIVED rCTI
Weld County ~'
6, Planning CommIsalee ��
Weld/ BOARD OF HEALTH
V I
{V Y e`d ounty Health Department DAVID WERKING DDS, Greeley
FRANKLIN D YODER, MD, MPH WILLIAM BUCK, Roggen
Director 1516 HOSPITAL ROAD DORIS DEFFKE Greeley
GREELEY, COLORADO 80631 A M DOMINGUEZ, JR, J D , Greeley
(303)353-0540 ANNETTE M LOPEZ, Greeley
FRANK MYERS, M P H, Windsor
HERSCHEL PHELPS, JR, M D,
Greeley
KATHLEEN SHAUGHNESSY, PHN, Ault
April 19, 1979 ARTHUR G WATSON Platteville
Chuck Cunliffe
Planning Services
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
The Special Use Permit for a hog operation as requested by
Gary E. Simpson, has been reviewed by Environmental Health
staff and the following comments are submitted:
1. Lagoons for wastewater retention shall be installed
as per Rules and Guidelines for Water Pollution Control
at Livestock Confinement Areas issued by the Colorado
Department of Health, May 1968. Applicant shall be
responsible for any additional directives or guidelines
issued by the Colorado Department of Health Water
Pollution Control Division as appropriate.
2. Any discharge of water will warrant application for
a NPDES permit.
3. Applicant shall be responsible for adhering to noise
levels as stated in 25-12-103, C.R.S. 1973.
4. Any domestic septic system will require a permit from
this office.
5. Applicant shall be responsible for adhering to the
provisions of the Colorado Air Pollution Control Commission's
Regulation No. 2.
Sincerely, �f
C)-04Atik. XJ4 ( a) 1,0202/?c,
John G. Hall, M.P.H. , Director ERs, gj9 c3
Environmetnal Health Services RSC�IVED
JGH:dr ! lyeld Dual4
G co��issiel� cp
,�- plonning
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. ii A M E .,..4?_ -","..-v?,,,--/L.I.___12..,-/--,-,--,-/_- - ADDRESS ,��� -�/, e1(Zei'//
L 0 C A T I O N �//,4 �, /4`�
LEGAL DESCRIPTION
TYPE OPERATION ./17'- lam _ / - _/
/ /
COMMENTS: . /1/z ,-r - e 1= as7 i...� .-e-",„"d-,2-- .=e-1, ' ---4 . c;� /
/./r �' -,-f-'/f_� 7�1%��/� nr. Z' - -? - )- r rte' '7 _i 2/
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/l-6r '�'r APR 1979
Vi'/
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WELD COUNTY EXTENSION SERVICE
;e
• �''" West Greeley Soil Conservation District
SOIL
CONSERVATION z
DISTRICTS .
Of P. 0. Box 86 • Greeley, Colorado 80631
AMERICA
#``COVWI+`+ April 25, 1979
Gary Z. Fortner, Director
Weld County Planning Commission
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
RE: Gary Simpson, Special Use Permit, Hog Operation, EzNE4 Section 26, Twp. 8N,
Range 65W, Weld County, Colorado.
The Board of Supervisors, West Greeley Soil Conservation District, has reviewed
the above request and are in agreement with review comments prepared for us by
the USDA Soil Conservation Service. Those comments are attached and reflect the
board's recommendations.
Sincerely,
Arthur V. Briggs, Secretary
West Greeley Soil Conservation District
AB:jb
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,,,';:•- ,_ United States Soil
-0,) Department of Conservation
�/ Agriculture Service
4302 W. 9th St. Road, Greeley, Co. 80631 April 25, 1979
Milton Baumgartner, President
West Greeley Soil Conservation District
P. 0. Box 86
Greeley, Colorado 80632
RE: Gary Simpson, Special Use Permit, Hog Operation, EZNE14 of Section 26,
Twp. 8N, Range 65W, Weld County, Colorado.
I have reviewed the above request and have the following comments.
A soil review was made for this request on September 25, 1978. That review
indicated possible seepage losses due to very permeable soils in the area
of consideration. Further soil tests will be required to determine the
feasibility of sealing lagoons.
All other items as covered in the request are consistent with current state
health department policies, provided designs for holding structures and
diversion are calculated using 25 year/24 hour storm frequency information.
Si erely,
(/,,_ac...... )
�L 2
R-6na1d D. Miller
District Conservationist
Greeley Field Office
RDM:jb
o' 03
APR 1979
c' RECEIVED W
®.,
, Weld county 4 ;,,
Planning Commission
FARM PURCHASE CONTRACT
THIS CONTRACT, made and entered this 2-Z dayof
, 1978, by and between BEULAH M. BACKSTRUM, of
Ault, Colorado, hereinafter called "Seller", and SIMPSON FARMS, CO. ,
a Colorado corporation, hereinafter called "Buyer".
1. Sale of property. The Seller shall sell and the Buyer
shall buy, upon the terms and conditions provided herein, the following
described real property located in the County of Weld, State of
Colorado, to-wit:
Northwest Quarter (NW 1/4) of Section Twenty-six (26) and the
Northeast Quarter (NE 1/4) of Section Twenty-seven (27) ,
Township Eight (8) North, Range Sixty-five (65) West of the
Sixth Principal Meridian, excepting a strip of land as more
particularly described in a quitclaim deed recorded in
Book 414 at page 337 of the Weld County records.
Together with all water and water rights, ditches and ditch
rights appertaining or in anywise belonging thereto:
Together with Three and One-half (3 1/2) shares of the capital
stock of the Water Supply and Storage Company, One and One-half
(1 1/2) shares of the capital stock of the Collins Ditch Company,
and One and One-half (1 1/2) shares of the capital stock of
the Lone Tree Lateral Company;
Subject to the reservations and exceptions as contained in the
United States Patents;
Subject to existing rights of way for roads and ditches;
Subject to any lien caused or created by the inclusion of
this property within the Northern Colorado Water Conservancy
District;
Subject to the exceptions and reservations as contained in
that certain deed from the Union Pacific Railroad Company
recorded in Book 201 at page 21 of the Weld County records;
But including all water, water rights and water privileges,
all ditches, ditch rights and ditch privileges, all reservoirs,
reservoir rights and reservoir privileges and all pumping
plants, and all easements and rights of way for the foregoing,
and all enlargements and extensions thereof, attached, appurtenant
to or in any way belonging to or used on said land which are
held, owned or controlled by grantor and her heirs, devisees,
personal representatives, grantees, successors or assigns for
use thereof or in connection therewith;
together with, but not by way of limitation of anything otherwise
described herein, all wells, pumps, pumping equipment, pumping
stations, sprinkler systems, motors, pipe and casing now
constructed or installed on said property for the production
of water thereon or the irrigation or drainage thereof, also
including, but not by way of limitation of the foregoing, all
rights and benefits resulting from the inclusion of said lands
or any part thereof, in the Northern Colorado Water Conservancy
District.
Seller reserves for herself, her heirs and assigns One-half (1/2)
of oil and gas or other fossil fuels granted for a period of
fifteen (15) years and so long as there is produ,fi tion from the
property granted, whichever period is longer. ��C7u/vG✓,P.Sif2//fl2de
304 z r/cO,O& ex4/2 i' /rt..se /%2s�s `2 6�/'/fa
2. Purchase price. The total purchase price is $375,000.00..
oL-w i cliamo $2-2 5O0:0O-ks-herebyy allocated t----the-pr-i-ce-of-water
• n nn .r_ ..77 testy
t • Pd upi n -t-he-p-roper , -20,000.-0O
i o-t-he-p-rIce-of-the-perssonal-p-roperty 1 ocated_upon-the
_pr m4se�'7 i*'re*4ed xn I LLc'bale and-' ereil7.aiLer-d-e-scLibed.
The total purchase price of $375,000.00 is payable as
follows:
u t-equal to 29% of the-total-purchase
pri cPa—sh.a-1 b --tl,e Lorta-1 dDwnpayment-a-nd_as
pay-ante:
(EQ.e/Pg-,C7 y)
$50,000.00 on the signing of this contract
se, �� by check subject to collection, the receipt
of wh,ic.h is hereby acknowledge Sale.74 eec.00soe7l/e--
$58,750.00 - g't_eRtiVof9iosing, of which
Buyer shall be credited for any sums of
principal and interest assumed by the Buyer
for the existing Note and Deed of Trust in
favor of The Prudential Insurance Company of
America dated June 4, 1968 and recorded June 6,
1968 in Book 595, Reception No. 1517249, Weld
County records; the principal amount of said
indebtedness presently being $31,500.00.
$266,250.00 - The balance of the purchase price as determined
at closing shall be evidenced by Buyer's
promissory note secured by a Deed of Trust
payable twenty (20) years after January 10,
1979, together with interest at the rate of
8 1/4 per cent per annum and shall be payable
in installments applied first to interest
accrued and the remainder, if any, credited
to the principal outstanding as follows:
(a) Interest shall begin as of January 1, 1979.
(b) Buyer shall make annual payments beginning
13, ' January 10, 1980 in the minimum sum of $5,000.09ggi a/
with a maximum annual payment privilege of
principal equal to 20 % of the outstanding
principal on January 1st of any year plus
accrued interest to the date of payment.
(c) Buyer shall have the right to make a pre-
payment of principal and interest in the year
1979 only if the principal balance is not reduced
below $260,000.00.
(d) The balance of principal and accrued
interest shall be due and payable on January 10,
2000.
3. Prepayments and releases. The Buyer shall not tender
nor the Seller accept any prepayments of principal or interest prior to
January 1, 1979. After that date, the Buyer shall have the right at any
-2-
aa'
time to prepay interest and principal to reduce the remaining principal
balance to an amount of $260,000.00 without premium or charge. At such
time as the principal balance due has been reduced to the amount of
$260,000.00, the Seller hereby agrees to execute and deliver to Buyer
a partial release thereby releasing the Northwest Quarter (NW 1/4) ,
Section 26, Township 8 North, Range 65 West of the 6th P.M.
4. Form of conveyance. At the time of closing, the parcels
of land and water stock covered hereby shall be conveyed by the Seller
to the Buyer by general warranty deed and water stock assignment slip,
subject only to the Deed of Trust in favor of Prudential Insurance Company
of America and heretofore described in paragraph 2 which shall be assumed
by the Buyer and will remain a first lien upon the property and further
subject to Buyer's Deed of Trust to Seller securing the Seller in the
payment of the deferred portion of the purchase price which shall be a
second lien upon the property. Said real property is in addition thereto
subject to easements, reservations and restrictions of record, zoning
ordinances, current taxes and assessments both general and special,
although not yet due and payable, which are a prior lien upon the property.
/
nd-t-o-.the .o7lowing-described
p -' r+- pPrty-which ii appuL Lemant used- In—the-ope-rat±om-e-f-
/i
appli reseu.-e-sys-tam,
an vempn t s 1 oca t-ed-on
t-hc premises,
6. Title to property. Within 20 days from the date of this
contract the Seller will at her expense deliver to the Buyer evidence
of her title to such property in either one of the following forms:
(a) A binder from a title insurance company which is
carrying on a regular title insurance business in the county in which
such property is located agreeing to issue to the Buyer, upon the
recording of the deed to be executed and delivered by the Seller, a
-3-
r
title insurance policy in the amount of the purchase price insuring
the title of the Buyer to such property, excepting only items specified
herein, taxes and assessments for the current year, any state of facts
an accurate survey would show, and such standard conditions and exceptions
as usually are printed in policies issued by that title insurance company.
(b) An abstract of title to said property, certified
to date, by a reputable title insurance company acceptable to the Buyer
showing that the title of the Seller is good and marketable, excepting
only the items specified herein.
If there are defects in title, the Buyer shall notify the
Seller in writing within 15 days after the receipt of the binder or
abstract, as the case may be, and the Seller shall in good faith and
with due diligence proceed to cure such defects.
7. Prorations. Taxes for 1978 and prior years, both real
and personal property, and water rents shall be paid by the Seller.
8. Possession and growing crops. It is mutually understood
and agreed by the parties that possession shall be the date of closing
and that the Buyer shall have the use of the pasture for 1978 and further
that the Buyer may proceed with the application for a hog operation for
the fall of 1978. With respect to growing crops and pasture, the Seller
and Buyer agree that the property is subject to an existing farm lease which
will be terminated by the Seller, and Seller shall retain her interest in
the 1978 crops except the pasture; and, if the tenant is not entitled to
the 1978 pasture, it shall be the Buyers.
9. Closing. The closing date shall be on or before December 22,
1978 at a time mutually agreeable to the parties hereto and shall take place
at the office of Robert C. Burroughs, P.C., 115 Second Avenue, Ault,
Colorado 80610.
10. Default. Payment of all moneys becoming due hereunder
by the Buyer and performance of all covenants and conditions of this
contract to be kept and performed by the Buyer are conditions precedent
to the performance by the Seller of the covenants and conditions of this
-4-
agreement to be kept and performed by the Seller. In the event the Buyer
shall fail for a period of 90 days after they become due to pay any of
the sums in this agreement agreed to be paid by the Buyer, or should the
Buyer fail to comply with any of the covenants or conditions of this
agreement on his part to be performed, then and only after the passage
of 90 days shall the Seller commence foreclosure proceedings.
, If such amounts of principal, accrued interest and
accrued late charges are not paid when due or declared due, the principal
amount due and owing, accrued interest and accrued late charges thereon
shall bear interest at the rate of twelve (12) per cent per annum,
and the Buyer agrees to pay all costs of legal expenses, including
fifteen (15) per cent of the total amount due and owing, but in no
event less than $500.00, as attorney's fees in the enforcement and
collection of such amounts due, whether by suit or otherwise.
11. 1 'Transfer and assignment. The Buyer shall not transfer
nor assign this agreement without having first received the written
consent of the Seller.
12. Entire agreement. This agreement contains the entire
agreement between the parties. No representations or promises with
respect to the sale and purchase of the real or personal property
have been made by the Seller or the Buyer other than expressly set
forth herein.
13. Binding effect. This agreement shall become binding
upon the heirs, executors, estate, administrators, successors, and
assigns of the parties hereto.
IN WITNESS WHEREOF the parties have executed this agreement
on the date set forth above.
SIMPSON FARMS, CO.
a Colorado corporation
Beulah M. Backstrum, Seller By: Ga Simpson, President, Buyer
ATTEST:
dlagy .0/1/1-irea/32/2f/fe6•
Secretar ', Simpsoh Farms, Co.
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT 404
915 10TH STREET
GREELEY,COLORADO 80631
Illt
RiDa,
COLORADO
April 10 , 1979
To Whom It May Concern:
You are receiving a copy of this notification because your name
appears as a surrounding property owner owning property within 500
feet of the proposed use.
The Weld County Planning Commission will review a request from
Gary E. Simpson
for Special Use Permit for a Hog Operation
on property described as follows : Pt . E; NWa , Sec. 26 , T8N, R65W
The location of the parcel of land for which this application has
been submitted is : 65 miles east of Pierce , 12 miles west of Purcell
If you have any suggestions or objections, will you kindly notify us
in writing before April 17 , 1979 . The meeting by the
Weld County Planning Commission is scheduled for May 1 , 1979
This meeting will take place in the County Commissioners Hearing
Room, first floor, Weld County Centennial Center, 915 10th Street ,
Greeley, Colorado, at 1: 30 p.m. If you have any questions concerning
this matter, please contact the Department of Planning Services at
356-4000, Ext . 404.
Assist ant Zoning inistrator
CC: sap - 9/13/78
a.
LIST OF PROPERTY OWNERS WITHIN 500 FEET
1. Henry Raven, Route 1, Ault, Colorado 80610
2. Noffsinger Farms Co.
Robert Noffsinger, 1875 26th Avenue, Greeley,
Colorado 80631
3. Richard Wilhelm, Route 1, Box 117, Ault, Colorado 80610
4 . Reeman Bros.
Jack Reeman, Pierce, Colorado 80650
5. John Roseberry, Route 1, Ault, Colorado 80610
Gary E. Simpson
SUP-387 :79 :7
SURROUNDING PROPERTY OWNERS
April 10, 1979
Harry and Faye Raven
Route 2
Ault, Colorado 80610
Robert W. Noffsinger
P.O. Box 488
Greeley, Colorado 80631
Noffsinger Manufacturing Company
500 6th Avenue
Greeley, Colorado 80631
Francis, Jack, and James R. Reeman
c/o Reeman Brothers
Route 1, Box 194
Eaton, Colorado 80615
John L. and Leone C. Roseberry
Route 1
Ault, Colorado 80610
Kenneth F. and Richard Wilhelm
Route 1, Box 117
Ault, Colorado 80610
Mai/in9 Lid - SllA 387
1-larrq y f. Faye RIub-iti
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Ault, NO So6/o
Roberi W. AJO 4Si ne r
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Greeley
/004Sinaer 1116 . CO.
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Francis, "Tack c. T4 wiPs F. W'547,44,(i
c/o eeman l3i-c-\1.,
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CT1ON FEET 660 1320 1980 2640 3300 3960 4620 5280
ARTER FEET 33n 660 990 1320 1650 1930 2310 2640
80 SCALE
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BOARD OF DIRECTORS7`�
ERNEST TIGGES -�- NORTH WELD COUNTY WATER DISTRICT
ALEX HEIDENREICH
, ROBERT ALKIRE '0 ' HIGHWAY 85 LUCERNE. COLORADO 80646
GARY SIMPSON
TOM REED `, I;'�►!�1; LYLE NELSON, MGR.
- P O. BOX 56 - PHONE 356-3020
September 14, 1978
TO WHOM IT MAY CONCERN:
RE: Water Service
Dear Gentlemen:
This letter is in response to your inquiry regarding water
service to the following described property :
NW4 Section 26, Township 8N, Range 65 West
of the 6th P.M. , Weld County, Colorado .
1 . Water service is presently being provided to the
above described property .
2 . X Water service can be made available to the above
described property provided all requirements of
the District are satisfied.
If contracts have not been consumated with North Weld County
Water District within one year from date of this letter, this
letter shall become null and void.
Additional comments :
Sincerely,
NORTH WELD COUNTY WATER DISTRICT
Lyl D. Nelson, Manager
LDN/rr
•
Date: October 10 , 1978
County of Weld
WASTES INVENTORY
LIVESTOCK FEEDING OPERATIONS
Company Name and Address : Simpson Farms, Co. , a Colorado corporation
Pierce, Colorado 80650
Type of Operation: Hog Farm
Average Stock Population: Nursery: 800 hd. capacity
Farrowing: 6 sows plus �.piglets A %
Gestation pens : 400 hd. c�'apacity -V "
Finishing Barns: 2400 hd. capacity
Total Stock Pen Area and Capacity: 400 ' X 200 ' 400 hd. capacity
Are Stock Pens Paved: No
Method and Frequency of Disposal of Manure: Cleaned annually
Does Method Control Fly Breeding: Yes
Is Rodent Control Practiced: Yes
Treatment and Disposal of Stock Pen Drainage: Lagoons. Nursery and
farrowing waste from pens would be drained to ponds # 1 and # 2 and
gestation pens would be drained to the drainage pond.
Stream or Water Body Receiving Drainage: Not applicable
How is Area Zoned: Agriculture
Distance and Direction from Nearest Community: 6 1/2 miles East of
Pierce, Colorado.
Method of Dead Animal Disposal: Burial.
SIMPSON FARMS O.
69 Cl
Prepared by: l f
By ry E. Simpson, President
`pair 1a
UNITED STATES DEPARTMENT OF AGRICULTUkt.
SOIL CONSERVATION SERVICE
4302 W. 9th St. Road, Greeley, Co. 80631 September 25, 1978
Mr. Gary E. Simpson, President
Simpson Farm Company
R.R. 1, Box 118
Ault, Colorado 80610
The following comments are in regards to your request for soil and site
information for an animal waste sewage disposal system to be located in
the EZNW4 of Section 26, Twp. 8N, Range 65W, Weld County, Colorado.
_. The site described has three soil types present as indicated on the en- _
closed soil map. These are: 34 - Glenberg sandy loam, 0 to 3 percent
slopes, 53 - Olney fine sandy loam, 6 to 9 percent slopes, and 75 - Vona
loamy sand, 3 to 9 percent slopes. A short, general description of each
soil type is also attached with this write up.
The Glenberg soil is generally found in surface drainageways, therefore,
an animal waste system would be subject to flooding during parts of the
year. This soil also exhibits a rapid permeability which indicates that
sewage lagoons will have high seepage losses which may contaminate ground
water.
The Olney and Vona soils also have characteristics of rapid permeability
and are on steep slopes. This makes high seepage loss possible for sewage
lagoons and may also cause increased construction costs.
An on-site investigation by a competent soils engineer should be made to
determine the exact design requirements that will be needed for installa-
tion of an animal waste system. Your request did not specify the type of
system nor class of livestock you are considering. With the soil conditions
described, a concrete vault-periodic pump out type system may be the most
feasible to consider.
As you are aware, this material is soil survey interpretations, and is pro-
vided to assist you in gaining more knowledge of the physical features of
your soils. It does not replace an on-site investigation or tests for spe-
cial physical hazards and/or design. This does not constitute any type of
official approval or disapproval for the proposed land use.
further information is needed, please feel free to contact me.(:: ::::;)e
r onald D. Miller
District Conservationist
Greeley Field Office
cc: Weld County Planning Commission
Enclosures:
4 -
I , . . ,,i7 i /� \
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iLLLL _ ��
1 SCS-CONS-15 U. S. DEPARTMENT OF AGRICULTURE
wi OCTOBER 1974 SOIL CONSERVATION SERVICE /
1
EZNW4 26-8-65 SOIL MAP
Owner Simpson Farm Co. Operator
County Weld State Colorado
Soil survey sheet(s) or code nos. 14-49 Approximate scale 2.64" = 1 mile I
. " Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating
1� with West Greeley Soil Conservation District
I
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34 - Glenberg sandy loam, 0 to 3 percent slopes
This is a deep, well drained soil on flood plains and
low terraces at elevations of 4800 to 5700 feet. It
formed in calcareous stratified, recent sandy alluvium
throughout the survey area. Included in mapping are small areasareas of Haverson loam and Bankard sandy loam.
Typically the surface layer is pale brown, calcareous
sandy loam about 13 inches thick. The underlying
material to a depth of 60 inches is pale brown, cal-
careous sandy loam stratified with thin lenses of
loam, silt loam and sand.
i'
Permeability is moderately rapid. Available water
capacity is moderate. The effective rooting depth is
60 inches or more. Surface runoff is slow. The
erosion hazard is slight and the blowing hazard is
moderate. This soil is subject to occassional flooding ''"'
•
during spring and summer months.
I
Capability subclass VI e Nonirrigated
r -
• • , - 2/78
53 - Olney fine sandy loam, 6 to 9 percent slopes
This is a deep, well drained soil on gentle plains at
elevations of 4800 to 5600 feet. It formed in mixed,
calcareous alluvial deposits throughout the southern
half of the survey area. Included in mapping are small !t
areas of Ascalon fine sandy loam, Stoneham fine sandy
loam, Wages sandy loam and Olney loamy sand.
Typically the surface layer is pale brown sandy loam
about 5 inches thick. The subsoil is brown sandy clay F_
loam about 29 inches thick. The substratum to a depth
of 60 inches or more is pale yellow and light brownish
gray calcareous sandy loam.
Permeability is moderate and available water capacity
are moderate. The effective rooting depth is 60 inches
or more. Surface runoff is medium. The erosion hazard
is moderate.
Capability subclass VI e Nonirrigated ( ' .'
I I .
2/78
75 - Vona loamy sand, 3 to 9 percent slopes
f •
This is a deep, somewhat excessively drained soil on
gentle plains and hills at elevations of 4800 to 5000
feet. It formed in eolian or alluvial deposits through-
out the survey area. Included in mapping are small
areas of Vona sandy loam, Olney loamy sand and Manter
sandy loam.
Typically the surface layer is light brownish gray to
pale brown loamy sand about 19 inches thick. The sub-
=
soil is pale brown sandy loam about 13 inches thick.
The substratum to a depth of 60 inches is very pale
brown to light gray loamy sand or sandy loam.
Law
Permeability is moderately rapid. Available water • •
capacity is low or moderate. The effective rooting
depth is 60 inches or more. Surface runoff is slow.
The erosion hazard is slight and the soil blowing
hazard is high.
Capability subclass VI e Nonirrigated r
ATTENDANCE RECOR n
APPLICANT : GARY E. SIMPSON TIME : 2: P.M• DOCKET#79-26
DATE : June 13, 1979 REQUEST : SPECIAL USE PERMIT - Hog Operatioi
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0 2. 0. Box 488 m Route 1
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FILE CONTAINS
OVERSIZED MAP
PLEASE SEE ORIGINAL FILE
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