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Morgan County conditionally approves CK2 CAFO permit with road, drainage and timing conditions
Summary
The Morgan County Board of Commissioners approved a conditional special-use permit for CK2 Cattle Company to operate a dairy heifer facility up to 25,850 animal units and granted 10 years of vested rights, but required turn-lane design, floodplain verification, a one-year construction trigger and other traffic and drainage protections.
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The Morgan County Board of Commissioners on Aug. 19 conditionally approved a use-by-special-review permit for CK2 Cattle Company and Riverside Irrigation District to operate a dairy heifer raising operation or feedlot for up to 25,850 animal units, granting vested rights for 10 years while imposing a package of road, drainage and inspection conditions.
Planning Administrator Nicole Hay summarized staff revisions and recorded Public Works' traffic recommendations. "Public Works is recommending appropriate passage, acceleration and deceleration lanes to be included with the left-hand and right-hand turns lanes onto County Road 19 off of County Road Y," Hay told the board during the planning hearing, reading the revised conditions from the staff memo.
The approval came after discussion between commissioners and the applicant about site access and safety. Applicant representative Travis Hertneky said the project team had met with adjacent landowners and favored moving access to the crest of the hill on a neighbor’s property if possible; he proposed a 365‑day timeline for completing required work. Commissioner Tim A. Malone asked whether a right-hand turning lane was necessary and urged a speed-limit reduction; Malone proposed dropping the posted speed to 35 mph if access remains at County Road 19.
The board recorded several specific requirements in Resolution 2025 BCC 35. Key conditions include: CK2 must obtain or demonstrate title/lease rights for lands it will use; verify Base Flood Elevation for the adjacent Wildcat Creek reach before constructing runoff ponds; design and construct a left‑turn lane from County Road Y onto County Road 19 (plans prepared by a licensed Colorado engineer and reviewed by Public Works); widen County Road 19 at the intersection if needed to provide sufficient turn radius; place temporary signage during silage season until permanent improvements are finished; and pay all county costs and fees related to the permit and required improvements. The permit allows the county to require additional mitigation later if traffic or safety concerns persist.
The motion to adopt Resolution 2025 BCC 35 was made by Commissioner Malone and seconded by Commissioner Bernhardt and carried on a 3‑0 vote. The resolution text also mandates compliance with applicable state and federal agencies, including the Colorado Department of Public Health and Environment, the Colorado Department of Agriculture, and the U.S. Environmental Protection Agency.
The board retained continuing jurisdiction to inspect the site and revisit conditions. If CK2 elects to keep access at County Road 19 rather than move it, the one‑year timeline for the road and turn‑lane improvements applies; if access is relocated to the crest of the hill the County reserved the right to reassess traffic impacts after construction.
Next steps for the project include submission and county review of engineered turn‑lane and drainage plans, required floodplain verifications for pond placement before Phase I activity, and execution of any necessary property‑right agreements if rights‑of‑way must be expanded. The board recorded its approval as Resolution 2025 BCC 35 and signed the permit language at the hearing. The meeting adjourned at 10:20 a.m.
