On May 1, 2013, the BoCC held another remand public hearing to allow the Plaintiffs (CLUC) and the applicants to comment on the 4 documents that were, either withheld from the Plaintiffs prior to the Sept 4, 2012 remand hearing, or inserted into the record by the County after the record was closed. Rather than striking this evidence, the Judge remanded for our comments. We were actually very pleased with the Judge’s decision because we believe these documents are tremendously supportive of our contention that neighbors’ health, safety, and welfare are being adversely impacted by the discharge from the Hostetler chicken facility. The 4 documents we were allowed to comment on are below. Immediately below them are reports and documents written on behalf of CLUC by a number of renowned, national experts, proving beyond any doubt, that our BoCC should never have relied on these document to draw any favorable conclusions from for their Oct 22, 2012, re approval of the facility applications.
The following are the Plaintiffs’ submissions to the BoCC by our acclaimed experts. They clearly prove why the discharge from the Hostetler chicken facility poses a significant danger to surrounding neighbors and their agriculture. They demonstrate why the testing methodology was seriously flawed and totally unreliable, and further, point out how the County and the applicants attempted to diminish the discharge of emissions during the testing phase in an effort to provide favorable test results to the BoCC for them to base a re approval of the facilities on. As a result, the air monitoring reports presented false and misleading information to the BoCC. The last document explains why the discharge from the Hostetler cage-free facility is many times greater than the discharge from a conventional Foster Farms type facility.
Welcome VOGA folks….you’ll want to read the following article:
BACKGROUND…Second Lawsuit filed by CLUC ON NOV 16, 2012, against BoCC and Hostetlers. Please visit the DOCUMENTS section to follow the legal proceedings.
Nov 16, 2012, Plaintiffs with CLUC filed a new Part 106 (a) (4) Lawsuit against the Delta County BoCC and the Hostetlers seeking a revocation of the Oct 22, 2012, BoCC re approval of the Hostetler chicken facilities. We assert that the BoCC’s decision was capricious and arbitrary and that the decision, once again, was made without competent evidence and with total disregard for regulatory provisions of the Master Plan.
Just a reminder…a photo taken Dec 8, 2012. That isn’t construction dust being blown out of the chicken facility. That’s residual manure dust and contaminant/toxic pollutant marks staining the ground from the great volumes of it the stuff that blows out and is carried to the neighboring properties. And remember, the tunnel ventilation system (the big fans) is shut down during the winter months.
Please visit out Q&A Section to view a Powell Mesa Health Impacts Map displaying neighborhood residences experiencing adverse health issues that CLUC and numerous physicians believe are directly tied to the pollutants and contaminants being discharged from the Hostetler chicken facility.
CLUC is extremely grateful to all who have supported our efforts and joined our fight to preserve our wonderful quality of life throughout the North Fork Valley. Your letters and testimony during the public hearing process, your continued words of encouragement during our lengthy legal battle, and your generous contributions to our CLUC Fund are sincerely appreciated.
Please take a moment and watch these short videos below of the Powell Mesa chicken facility that is now in full operation. The importance of our battle will be clearly evident. This chicken ”stuff” is raining down on all of the neighbors anytime the “tunnel ventilation” system is in operation. See Q&A page for explanation of why it’s happening.
Thanksgiving Day, 2012 Edwin’s gift of pollution to his neighbors.
This Sept 17, 2012, video shows the dust, dander, and other pollutants being discharged from the side vents when the curtains were open. This facility is discharging constantly….one way or another.
The discharge in this July 8, 2012, video is being blown directly toward the Willow Heights Subdivision and the town of Hotchkiss.