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Home My WebLink About20181391.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant: De Jager 2007 Living Trust d/b/a Icon Holsteins, LLC clo Aric De Jager as Manager Case Number: USR17-0076 Submitted or Prepared Prior to Hearing At Hearing 1 SPO Letter - Judith Reeve - dated 01/10/2018 2 SPO Letter - Kevin and Julie Chestnut - dated 01/12/2018 3 Email Correspondence - Dave Bates - dated 01/13/2018 through 01/15/2018 X 4 SPO Letter - Ron McNutt - dated 04/12/2018 X I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Michael Hall, Planner April 12, 2018 JUDITH L REEVE 26491 County Road SO Kersey CO 80644 970-373-3433 Jreeve550@msn.com January 10, 2018 Weld County Department of Planning Services 1555 North 17th Avenue Greeley CO 80631 Re: Case # USR1I-0076 R,FrePV7r) JAN 17 2018 Weld Couruy PI-wtDepartment GREELEY OFFICE I have been notified that the above project is within 500 feet of my property, and that any comments should be submitted to you. I am in favor of Agriculture and Agribusiness in general, but this 5000 -head proposal does compel some consideration. As with any dairy operation this large there are concerns about increased traffic, odor control and manure management. It appears that Icon Holsteins has secured planning services from AGPRQfessiorials, A review of their website would indicate that they are capable of handling all aspects of such a project, and they would have a track record in Weld County that should prove their success, In looking at the county online information available at https;/Jaccela-aca.co.w reld.us/citizenaccessj I was not able to discern what plan this project has specifically for manure management. I do know that irrigation runoff on this section of land has always leached underground to the acres north of County Road 50. This runoff has continued down and empties into a creek which then runs through some of my property. I'd be concerned about any increased nitrates in this surface water. I also know that percolation tests here have shown water at 4 feet. I would be concerned if any excess amounts of manure applied to the acres available would result in any contamination of ground water. I would hope to see specifics of the actual design at the public meetings you have planned, All planning and implementation will only be as good as any oversight the county imposes. A recent case nearby with Heartland Biogas resulted in 400 odor control complaints and the operation being shut down. I don't know if Icon Holsteins plans any anaerobic digestion technology that would convert animal waste to methane biogas similar to what Heartland was doing with human waste, but one commissioner was quoted as saying she was misled by the company. And records show a valid certificate of designation which the state requires for any company dealing with solid waste was not in place. Whatever manure management plan is approved for this project enforcement and follow up must ensure it is successful. Personally, my biggest concern would be with any pest control. The last 2 summers have brought increased fly infestations, more than I remember in last 50 years. I have pondered if this is partly caused by the feeder calf operation that has developed nearby under Quanah Cattle Company, I do remember a problem the county had with Aurora Organic Dairy, a facility with 4,000 head, being shut down near Gill for the terrible fly problem they had. I'd like to see any fly mitigation plan this dairy will have, I thank you for the opportunity to make cornrrient, and look forward to the future public meetings. It is my hope that this is a successful ag business that is also safe and compliant with reasonable restrictions. Sincerely, EXHIBIT Chesnut Farms LLC Kevin and Julie Chesnut 27275 CR 52 Kersey, CO 80644 Weld County Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 In Regards of: Jerrold and Starla Brethauer, c/o icon Holsteins LLC Case Number: U R17-0076 To Whom it May Concern, January 12, 2018 Questions, objections or comments in related to Icon Holsteins LLC proposed dairy production project at the location south of adjacent land to CR 50; West of and adjacent to CR 55 are as listed. Land Application; Preliminary Waste System Design AGPROfessionals pg 4! "Wastewater will be dewatered to adjacent /and via 3rd party transfer as needed". Who is the 3rd party doing the application? If 3rd and 1st party level in disagreement who will first party use instead, for transfer wastewater? In regards to seasonal plans for dewatering, n g, what are the developed procedures (ie. sprinklers not running in the winter)? Land Application, Preliminary Waste System Design AGPROfessionals pg 4; "Approximately 30,500 tons (32% DM as applied) of manure will be generated annually. This manure will be provided to local farmers for use in their cropping operations". What are the procedures or systems that will be incorporated to bring the manure to a dry matter consistency? Land Application; Preliminary Waste System Design AGPROfessionals pg 4; "Approximately 30,500 tons (32% DM as applied) of manure will be generated annually. This manure will be provided to local farmers for use in their cropping operations". If Icon Holsteins LLC produce 30,500 tons of manure annually, this will equate to the need of 1,520 acres of farm land if you were applying at 20 tons per acre. Knowing this, who will Icon Holsteins be providing the manure to? For example, M and J Dairy currently haul approximately 27 semi loads of liquid manure a day to numerous farms spanning a 3-4 mile range (see blue marking on attached map). Heartland Biogas facility was the 3rd party providing manure disposal service to M and J Dairy and others until being shut down due to complaints of odor levels in Dec 2016. Currently the result of not having the facility is directly resulting in substantial amounts liquid manure being spread on farm ground that isn't worked into the land immediately. As a owner of Chesnut Farms, we do allow for dairies to spread liquid manure on approximately 80 acres during the winter months, but will not allow access to fields after EXHIBIT I 2 planting crops in the spring (just as many other farmers will do the same). Also as a member of the community we are aware that surrounding diaries currently struggle to dispose of their manure to farmers because of the negative nutrient impacts of having less than half or more of nutrients of feedlot manure (see nitrogen testing attachments). To support and indicate the layout of the dairy community in the region, the red markings on the attached map are evidential areas of other dairies or companies that are currently trying to dispose of manure and former (up to 10 years) stock piles. In addition, the yellow markings on the attached map are locations of where feed lot manure is spread. Ultimately the previous dairy that was established in the same 156 -acre parcel location faced some of the comments listed above at only milking 600 head comparative to 5,000 head using many of the same or similar systems and methods. The previous dairy couldn't profit due to environmental concerns and uphold standards to the welfare of cattle and neighbor concerns resulting in moving locations; How will Icon Holsteins LLC owners full fill all regulations, obligations and community concerns? 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I did not include the names of the dairies or farm names due to confidentiality, but they're on the front range, and I would consider this "normal" dairy manure for what I've dealt with. It tends to be wet, and some of these samples had some bedding in them. Hopefully this gives you a ballpark estimation of dairy manure in general, but I can grab a sample from the dairy you're dealing with too. I wouldn't charge you for that. Just let me know if you'd like me to do that and where the stockpile is. I tend to use an estimate of 5 lb N per ton of decent dairy manure that is incorporated quickly and less than that if there's bedding in it or it's really wet. Then might get down to 2-3 lb N per ton if there's a lot of straw in there tying up the N. At that point, I figure we're applying it more for the P, K, and S than the N. If ifs costing you much to haul/spread and the quality is poor, you're probably better to go with commercial at current N prices. Andy Fall 2017 West Stockpile Year 1 4.3 lb N/ton (if incorporated immediately after application) 2.9 lb Nfton (if delayed incorporation) Fall 2017 Field 17/18 Stockpile Year 1 4.4 lb Nikon (if incorporated immediately after application) 3.5 lb IWton (if delayed Incorporation) Fall 2017 Field 25 North Year 1 6.3 lb Wtan (if incorporated immediately after application) 3.2 lb IWton (if delayed incorporation) Fall 2016 North New Year 1 5.9 lb Wton (if incorporated immediately after application) 3.6 lb IV/ton (if delayed incorporation) Fall 2016 South Old Year 1 4.9 lb IV/ton (if incorporated immediately after application) 4.0 lb fV/ton (if delayed incorporation) Fall 2016 Stockpile West Year 1 5.8 lb Wton (if incorporated immediately after application) 4.3 lb Nikon (if delayed Incorporation) Fall 2016 Stockpile East Year 1 3.6 lb NJton (if incorporated immediately after application) 2.6 lb NJtan (if delayed incorporation) Fall 2016 orral Year 1 7.0 lb Nlton Of incorporated immediately after application) 6.2 lb Nikon (if delayed incorporation) 2016 Manure Sample Summary (Sampled Fall 2015) Stockpile Year I (035 x organic N) + (0.95 x Ammonium N) + (Nitrate N) = lb Niton (0.35 x 10 lb/ton) + (O95 x 2.3 lb/ton) + (0) = total lb Nihon 5.7 lb Mon if incorperated within 25 hours 33 lb Niton if significantly delayed incorperation Year 2 0.5 x 0.35 x organic N = lb N/ton 1.8 lb Mon West Stockpile Year 1 (035 x organic N) + (0.95 x Ammonium N) + (Nitrate N) = lb Mon (0.35 x 10. lb/ton) + (0.95 x lb/ton) + (0) = total lb Mon 5,6 lb Niton if incorperated immediately 31 lb Niton if significantly delayed incorperation Year 2 03 x 035 x organic N = lb N/ton 19 lb Niton East Stockpile Year 1 (O35 x organic N) + (0.95 x Ammonium N) + (Nitrate N) = lb Mon (0435 x 10.8 lb/ton) + (0.95 1.8 lb/ton) + (0) = total lb Niton 5.5 lb Nam if incorperated immediately .8 lb N/ton if significantly delayed incorperation Year 2 05 x 0 organic N = lb Mon 1.9 lb Mon Fall 2016 solid manure sample: Year 1 4.36 lb Wtan (If Incorporated immediately after application) 3.22 lb 1Vl'ton (if delayed incorporation) Year 2 1.61 lb Wton Fall 2015 solid manure .ample: Year 1 (0.35 x organic N) + (0,95 * Ammonium N) + (Nitrate N) = lb Nlton (0.35 x 11.0 Ib/ton) + (d.95 * 0.94 lb/ton) + (0.01) = total lb N/ton 4.74 lb Nfton (if incorporated immediately after application) 3.85 lb Nfton (if delayed incorporation) Year 2 0.5 x 0.35 x organic N = lb Mon 1.93 lb Mon Spring 2014 manure sample: Year 1 (0.35 x organic N) + (0.95 * Ammonium N due to volitalization) + (Nitrate N) = lb N/to n (0.35 x 10.7 Ibiton) + (0.95 * 0.1 1b/ton) + (1.3) = total lb N/ton 5.1 lb Wton (if incorporated immediately after application) Year 2 0.5 x 0.35 x organic N = lb N/ton 1.9 lb l/ton csii1/21 (Are,. C�-r WitS From: Andrew Beahm ABeahm crepquest.carn Subject: Fall 2017 Manure Sample Date: November 14, 2017 at a:5S AM To: chesnulfarms@aol.co, dwc'hesnut@aOl.ccm Kevin and Dawson, Bihain. Here's how calculate the sample !pulled from the pile at Attached is that manure � available N: (0133 x organic * Ammonium N) + (Mtrate N) = lb (0.33 x 2620 lbiton) 4- (0.95 * 2.5 I b/ton) + (0) = total lb im,rrr�diatel after' application)�I�t.� lb t��`t�� (if incorporated immediately 8.6 lb Wton (if delayed incorporation) 0.5 x 0.35 x organic N = Ito Mon 4a3 lb Eton give available first year if it's incorporated a total of close to 275 lb/ao So, 25 t�>`��a� should in the manure sampled was with 250 tb/ao N last year, so total right away. (We came up pretty close to last year*) . � - but I still think some commercial N is this more next time get together, We can discuss calculations. Just having that return on investment despite the manure providing us a good � sand ar�ti�ularl. extra bump when the corn rall needs it seems to pay on the Year I Mon Year Niton Andy Beahrn (970) 518-5114 abeahrn@. ap�questsc or Cnq' �uest Iy..willlir ,%qt ! F F. American Agricultural Laboratory, Inc. 210 East 1st ! PO Box 370 / McCook, Nebraska 69001 C?risce. 308-3d5-3670 1 FAX: 308-345-78$0 www.AmAgLab.csym SOLID_MANtIRE NQTRIENT REPORT ANDREW BEAHM CROP GUEST 617 HEMLOCK DR WINDSOR Name: FIVE RIVERS Sample ID: FALL. 2017 lbs pee ton Acoount Number: 380% Date Sampled,. Dale Received: Date Reported: Lab Number: 1047/2017 1110212017 27923 1" ors M+.+' lit seen, A es olio-,ri P4 One. air Inv .n"min •r.ed b,+r.r:#ti PkAr.,14aPIA Moisture Solids Ash pH Electrical Conductivity Soluble Sells Toss Nitrogen (N) Organic Nitrogen (N) Arrinionlurn-N (N) Nitrate* 01) Phosphorus PhOsplhame(P106) Patinatual (K) Potassium 04:20) tei'urr, (Ca) Magnesium MO Sodium (Na) ONO( Sir (S) Iron (Fe) Manganese n) Copper (Cu) B 46.32 •% iC L.0. 14.71 mrrthostorn 1►111 gyi 1.42 % 1 % 012 04008 % 0.32 % 0.96 % 022 % 0.13 % 05 % mike maim magle 38.4 o 25 0 O 8.4 14x' 192 .4► 6.4 10.6 5.0 01J Analysis by Oleon's Agricultural Lsboralo ry, Inc. 105C5HR 105 C S AOAC 942.05 Siti 00 Stbil 4500 B Sea B AOAC N4.13 TN.N.H O3 SPA 4500 H EPA 3.32 ACAC 985.01 AOAC 985.01 AOAC 985.01 AOAC Mel AOAC 985.01 L t', T'1211 7071A AOAC N5.01 AOACo1 AC 985.01 AOAC 985.01 AOAC 985.01 AOAC 915.01 Michael Hall From: Sent: To: Subject: Dave, Michael Hall Monday, January 15, 2018 9:02 AM Dave Bates' RE: USR17-0076 I contiguous acres Thank you for you comments. Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please Immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dave Bates [mailto:pvrn@what-wire.com] Sent: Monday, January 15, 2018 8:58 AM To: Michael Hall cmhall@weldgov.com> Subject: Re: USR17-0076 / contiguous acres Michael, My farm is 1/2 mile East of the dairy and not contiguous. I heard about the USIA from another person. I am not against the dairy expansion per se as long as there is a viable plan to properly dispose of the manure. Such plan needs to allow for possible change of ownership of surrounding properties in the future, possible change in personal relationships and not require surrounding neighbors to have to monitor compliance. Dave Bates Original Message From: Michael Hall To: Pave Bates Sent: Monday, January 1512018 8:27 AM Subject: RE: U R17-0076 / contiguous acres Dave, EXHIBIT 3 The purpose of this USR is to permit additional animal units- above what is allowed as a use by right. Animal waste will be disposed in accordance with the State and County Environmental Health Departments regulations. Are you a surrounding property owner? How were you notified on this USR? Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhzll co..weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying) distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dave Bates [mailto:pvnt@what-wire.corn] Sent: Monday, January 15, 2018 8:21 AM To: Michael Hall crnhall ay.rorn> Subject: Re: USR17-0076 / contiguous acres Michael, Jerrold Brethauer sold the 1/4 section the dairy is on Jan 10, 2018 to Icon Holsteins. Therefore, as I see it, Icon Holsteins will only own 160 acres for 5000 cows. Will they meet County requirements for animal units per acre? My concern is the proper disposal of animal wastes (manure). Thanks, Dave Bates Original Message From: Michael Hall To: Dave Bates Sent: Monday, January 15, 2018 7:57 AM Subject: RE: USR17-00761 contiguous acres Hi Dave, The subject USR for the dairy is only on one section. Jerrold Brethauer owns numerous parcels in the area including the subject % section. However, I believe Icon Holsteins will purchase the parcel for the dairy at the end of the USR. I do not know if they plan on purchasing other surrounding parcels. Regards, 2 Michael Hall Planner I 1555 N 17th Ave Greeley, Co 80631 (970) 400-3528 rnhall@co.wetd.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged) confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dave Bates [ mailto: riven( ti chat-wire._cor ] Sent: Saturday, January 13, 2018 10:58 AM To: Michael Hall cr mhh: II eI Ov.cort-i> Cc: Shop <pvm what- ire.corn> Subject: USR17-0076 / contiguous acres Hi Michael, I am writing in regards to USR17-0076. Is there any other contiguous owned or leased ground in addition to the 160 acres that the proposed dairy expansion is on? If any ground is leased, how long are the leases for? Are the leases irrevocable? Thanks, Dave Bates 27620 County Road 50 Kersey, CO 80644 970-353-3226 Sent from my desktop computer Virus -free_ www,avg.eom 3 Date: April 12, 2018 Subject: USR17-0076 Special Use Dairy Expansion Reference: My property .8 miles east of Dairy Expansion: 27808 CR-50 Planning Commissioners, Existing 500 cow to proposed 5,000 cow Dairy is a huge increase in animals. My definition of this is a proposed mega dairy into an established area of multiple residences. I have checked with several professional real estate agents specializing in farm ranch properties with Question: "Does dairy increase from 500 to 5)000 cows affect the value of my farm property & home when selling (within 1 mile east (downwind) of Dairy)?" Response: "Property value most likely won't change; however, the home value is estimated to decrease 10% to 20%" (based on equivalents in Severance and other areas) And "Many buyers won't even look at property/home because of being near dairy" (mega). Does my property/home taxes decrease - very doubtful? Does the dairy pay for my losses? This is not well received. My grand children (four- all 9 years & under): "Grandpa we won't come visit your place if it stinks" This is not well received. Looked into USR17-0076 file and letter by Icon Holsteins by AGPROfessionals. Page 4 italics if nuisance dust and odor conditions continue to persist, Icon Hofsteir s will install physical or mechanical means such as living windbreaks and or solid fences to further minimize nuisance conditions. I do not understand how living windbreaks or solid fences eliminate odors, but I willing to listen? Planning Commissioners, if there is to be a dairy expansion, can it be much smaller and gradually stage increase in size over multiple years as your planning/zoning requirements and see how expansions work in our community? Thank You, R'itirbar 777 cr 7:144,6r Ron McNutt attachment: page 4 Icon Holsteins Icon Holsteins, LL C AGPROfe, sionais ' Regular manure removal seduce the overall quantity of odor producing sources. The Dairy will conduct routine pen cleaning and harrowing several times per month. .. Composting Reduces volume, nutrients and minimizes odor and pests. Reduce standing water Standing water can increase microbial digestion and odor producing by-products. Proper pen maintenance and surface grading will be conducted by the dairy to reduce standing water. The storm ate r ponds will be do atered regularly in accordance with the Manure and Wastewater Management Plan for Icon Holsteins. No chemical additives or treatments of the storrnwater ponds for odor control are planned. Research to date indicates poor efficacy, if any, of these products. IT if tc determined that nuisance dust and odor conditions persist, Icon Holsteins may increase the frequency of the respective management practices previously outline such as pen cleaning, sur fl ce grading and pen maintenance. Additionally if nuisance conditions continue to persist beyond increased maintenance interval controls, Icon tia/st gins will install physical or mechanical means such as living windbreaks' and/or- solid ences to jitrth cv minimize nuisance conditions from dust and odors, Pest Control Insects and Rodents Regular manure removal and composting Manure management removes both food sources and habitat 2. Reduce standing water Standing water is a primary breeding ground for insects 3. Minimize jb, habitat Standing water, weeds and grass, manure stockpiles, etc., are all prime habitat for reproduction and protectio a, Reduce or eliminate these areas where practical, 4. Weeds and grass management Keep weeds and grassy areas to a minimum. These provide both protection and. breeding areas. S. Minimize stockpiles or storage of manure Stockpiles of manure provide both breeding and protective habitat. Keep stockpile use to a minimum. 4 Hello