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CORRECTION NOTICE
t2-L9-20L6
Foam roof insulation must be covered with a thermal barrier as per section 2603.4 2009 lBC.
This is typically % gypsum wall board. This insulation could also be removed and replaced with
detail from architect Sheet 42.1-.
llluminated means of exits and exit signs are required as per Section L006 and 10LL 2009 lBC.
Water heater cannot be installed in the bathroom and must be moved Sec 303 2009 IFGC.
Permit must be amended to add the new prefab smoke house structure. A design professional
will need to inspect the structure and foundation and provide a letter stating that it meets the
2009 lBC. The gas leak in this building must be repair prior to any further use.
Approved holding tank must be installed to receive floor drain materials from kill rooms.
Septic system for processing portion of the building must be installed.
Egress from west end of structure must be kept clear of storage items.
Other Conditions of Permits BLCO-7-14-3288 must be met.
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Building History for O482 CR 315 Silt, Colorado
Andy Schwaller Sept. 22,2Ot7
L. Permit 87957-7-2003. Then owner Fred Billmeyer built a wood working shop.
2. Ken Sack bought the property and started Eagle Spring Organics.
3. Sometime around 20t2-L4 Sack retrofitted a refrigerated meat processing plant within the
existing structure without any building permits. He then starting advertising that the structure
was to process USDA certified meat and applied for a USDA permit.
4. Sack made application for a county land use permit for a commercial USDA slaughter house.
Through this process a permit was also required from the USDA that required proof of adequate
sewage for the facility. The USDA permit was never issued.
5. Both the lack of a building permit to convert the wood shop to a new use and inadequate
sewage or OWTS promoted Building Permit BLCO-07-14-3288 and SEPT-09-14-3401 late in 2015.
6. The land use permit was never completed due to a lack of adequate city treated water. There
were also issues with fire district access and fire flow. A pond was proposed to provide a source
of water for a fire. Due to airport easements established with the prior owner, a pond was not
allowed at the end of the airport. For this and other reasons, the land use permit died on the
vine.
7. The building permit was still pursued based on a Use by Right custom meat processing use
8. Please see string of various e-mails, NOV, and an abundance of patience that lead to various
inspections to complete the project.
9. At the end of the day, due to the lack of water, the custom butchering plant is limited to a kill
room. The butchering or meat processing portion of the building is approved only for storage
due to this lack of adequate water. Also a required separate septic OWTS for this portion of the
structure was never installed. Actual butchering is done in another property owned by Sack in
Rifle. The bathrooms in the structure are hooked up to a different septic as perthe owner.
10. ln order to do Custom Meat Processing in this structure in the future, a separate OWTS for the
floor drains and sinks needs to be installed. Proper State and possibly USDA permits will also
need to be obtained.
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Andy Schwaller
To:
Cc:
Sent:
Subject:
From:Andy Schwaller
Friday, September 22,2017 L2:4L PM
'Kenneth Sack'
'Orrin Moon';'Gore, Melvin - FSIS';Jim Wilson
Structure at482 CR 3L5-Eagle Springs
Ken,
We did a final inspection yesterday and are ready to close out the permit. The only things pending is a walk through by
the local fire district and certification from a structural engineer that the smoke house addition meets the structural
provisions of the building code. Once these items are completed, the use of the building will be limited to a kill room
and cold storage within the proposed processing area of the slaughter house. The processing area is limited to storage
because of the lack of available water and a separate septic system to service this area.
please forward the engineer's review when completed. Orrin Moon with the fire district will send us an email once he
has completed his inspection.
Thanks,
Andy Schwaller
Building Official
Garfield County
1
Andy Schwaller
From:
Sent:
To:
Cc:
Subject:
Garfield County
q->^?Þt7 - A 5
Andy Schwaller
Monday, June 26,20L7 3:25 PM
'Kenneth Sack';'Calvin'
Jim Wilson;'Orrin Moon'; Feck - DORA, Norman
Site Visit June 22,20L7 a1482 CR 3L5 Slaughter House Facility
Ken,
We did a walk-through of the facility with Mark. These items are pending before we can close out the building permit
1. We could not find a sign off by the state electrical inspector. Your electrical contractor should be able to provide
a record of a final inspection. -*u frL{-
2. The sheet rock on the ceiling looked completed. A wall with sheetrock needs to be built in the loft mechanical
area to seoarate the foam insulation in the ceiline of the attic space from the mechanj.cal loft area qnd rest of
thestructur".?* t)ux tN fuç¡la <f- lþLauu. f¿$#t'tTkaa )¡/tt"47/- þccooZ
3. The venting of the water heater needs to be upgraded. Presently it is held in place with duct tape. O. Ä.
4. Egress from the door below the mechanical loft out the west end of the building needs to be maintained.¿, þ
5. Design professional nqeds_=to inspect the smoke house addition to verify the construction of the structure meets
the building code. Å/"f l. r¡t
6. Holding tank for the kill room floor drains must be in place. Tank needs to have access for commercial removal
of the contents. O'K-
7. Other state permits must be in place. 3
B. Limited use of the processing portion of the building due to a lack of available water has been noted. This
portion of the structure can only be used for storage until such time both water and,a cqmpletely separate
septic system is installed to service this area. No.Tf,4 tll þ tt*lc F K. ö rct
g. Fire district must walk through and do their own final inspection and provide county with a letter or e-mail for
fire code related items. ft*lr g
Thanks for your attent¡on to these details.
?Ft+++'
Andv schwaller tJ*,, Ttl.¡*¿Building Official
ld Count!
Community Development
108 8th Street, Suite 401, Glenwood Splings, CO 81601
Offlce 9'7 O-945 -8212 Fax: 97 A484-347 0
Mr. Ken Sack
Eagle Springs Organic
P.O. Box 351, Rifle CO
482 CR 315
silt, co 81.652
June7,2OL7
Re: Notice of Violation
Mr.Sack,
The following permits have expired related to the slaughter house operations located
at 4g2 CR 315 in Garfield county as per section 105.5 of the 2015 lnternational
Building Code (lBC) as amended and adopted by Garfield County and as per the
Garfield County Regulations #43 for onsite waste water systems, lt is also unlawful to
be occupying th¡s structure without the present use of the structure to be in
compliance with the building code adopted by Garfield County as per Sections 111 and
1I"4 of the 2015 tBC. Building permit BLCO-07-14-3288 and septic permit SEPT-9-14-
3400 have expired. The use of the structure as a kill room/slaughter house needs to
cease and desist immediately untilthe permits are renewed and completed.
Possible hazards or unsafe conditions related to this Notice of Violation:
L. Exposed foam insulation in the ceiling constitutes a fire hazard for the
occupants and firemen should there be a fire in the structure.
2. Changes to electrical systems have not been permitted or state verification of
the permits submitted to the county has not been done'
3. Egress from the structure is hampered due to storage of materials at the exit
doors and the lack of required exit illumination.
4. Material from the kill room floor drains is being dumped directly on the
ground outside the structure.
5. Verification of septic installations has not been done'
6. Other items already documented in prior correspondences'
7. Other items from other agencies still pending review'
A copy of this Notice of Violation will be sent to Garfield County Public Health,
Colorado Department of Agriculture, local fire district, USDA, State Electrical lnspector
and the Garfield County Attorney's office for review and follow-up by these agencies
and departments.
#äÇ*
Andy Schwaller
Building Official
Garfield CountY
Enclosed: Sec 105.5,111& 114-2015 lBC.
Mailed: Reg return receiPt
lor'l ß?Ã 000 I fitr$ çttl
105.5 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation
and become null and void if the building or work author¡zed by such permit is not commenced within 180 days from the
date of such permiÇ or if the building or work authorized by such permit is suspended or abandoned at any time after
the work is commenced for a period of l.go days. Permíts must pass a required inspection during every 180 day period
after each ínspection in order not to be considered suspended or abandoned. on expired permits, before such work can
be recommenced, a re-issued or new permit shall be obtained. The fee for a re-issued or new permit shall be one-half
the permit fee of the or'iginat permir, provided no changes have been made in the original plans and specificatlons for
such work, and further provided that such suspension or abandonment has not exceeded one year' changes in plans and
specifications shall require an additionar permìt fee and plan review fee as described in section 109. Any nullified permlt
where the suspension or abandonment have exceeded one year will require the permittee to pay a new permit fee plus
plan review fee.
Any person holding an unexpired and valid permit may apply for an extension of time to commence work, return
to work or complete work under that permit by submitting a wr¡tten request describing good and satisfactory reason for
such extension. Thís reguest shall be received þrior to the date on which the oríginal permit expires or becomes null and
void. An extended permit is valid for 1g0 days irom the date of the extension, does not require compliance with codes
adopted since the original permit was issued, and does not requ¡re payment of new fees' No permit shall be extended
more than twice.
when a permit has expired or been nullified and a new addition of the bu¡ld¡ng code has been adopted, the
original plans shall be reviewed and required to comply with the current code' The permittee shall pay a new plan
review fee based on the current projected valuation plus the applicable fee listed above
sEcnoN 111
CERTIFICATE OF OCCUPANCY
[Al 111.1 Use and occupancy. A building or structure shall
not be used or occupied, and a change in the existing use or
occupancy classification of a building or structure or portion
thereof shall not be made, until the building afficiolhas
issued a certificate of occupancy therefor as provided herein'
lssuance of a certificate of occupancy shall not be construed
as an approval of a violation of the provisions of this code or
of other ordínances of the jürisdiction'
Exception: Certificates of occupancy are not required for
work exempt from permits in accordance with Section
LOs.2.
sËcfloN 114
VIOLATIONS
lAl 114.X Unlawful acts. lt shall be unlawful for any person'
firm or corporat¡on to erect, construct, alter, extend , repair'
move, remove, demolish or occupy any building, structure or
equipment regulated by this code, or cause same to be done'
in conflíct with or in violation of any of the provisions of this
code.
ÍAlLl4.2Notice of violation. The building officiolis authorized
to serve a notice of violation or order on the person
responsible for the erection, construction , olterotion, extension'
repair, moving, removal, demolition or occupancy of a
building or structure in violation of the provisions of this
code, oi in violation of a permit or certificate íssued under the
provisions of th¡s code. Such order shall direct the discontinuance
of the illegal action or condition and the abatement of
the violation.
[Alll4.3Prosecutionofviolation.lfthenoticeofviolation
is not complied wíth promptly, the buitding officialis authorized
to request the legal counsel of the jurisdictÍon to lnstitute
the appropriate proceeding at law or in equity to restra¡n,
correct or abate such violation, or to require the removal or
termination of the unlawful occupancy of the building or
structure in violation of the provisions of this code or of the
order or direction made pursuant thereto'
[Al 1X4.4 V¡çlation penalties. Any person who violates a
provision of this code or fails to comply with any of the
iequirements thereof or who erects, constructs, alters or
repairs a building or structure in violation of lhe approved
construction documents or directive otthe building officiol'
or of a permit or certificate issued under the provisions of this
code, shall be subject to penalties as prescribed by law'
U.S. Postalgervice'"
CERTIFIED MAILO RECEIPT
Damestlc Malt OnlY
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Eagles Springs
PO Box 351
Rifle,co 81650
otPO Ê
Andy Schwaller
Sent:
To:
Cc:
From:ken sack <kensack@me.com>
Friday, May 26,20L7 1-1:00 AM
Andy Schwaller
Wade Patton; Sheryl Bower
RE: Buillding and Septic Permits
We are completing the sheetrock and moving the hot water heater. Should be done next week
Will let you know
From: Andy Schwaller Imailto:aschwaller@garfield-county.com]
Sent: Friday, May 26,20L7 10:11 AM
To: Kenneth Sack <kensack@me.com>
Cc: Wade Patton <wpatton@garfield-county.com>; Sheryl Bower <sbower@garfield-county.com>
Subject: Buillding and Septic Permits
Ken,
It is time to close these permits out or to quit using the building. When can we do a final inspection?
Thanks,
Andy
Subject:
ken
1
Andy Schwaller
Sent:
To:
Cc:
From:Kenneth Sack < kensack@me.com>
Thursday, April20,20l-7 10:51 PM
Andy Schwaller
Ca lvi n@eag lespringsorganic.com
Re: Slaughter House Building Permit BLCO-07-14-3288
We have completed exit lights, are now going to remove gas hot water heater and Sheetrock area adjacent to cooler
Should be done next week
Ken Sack
Kensack@me.com
954-249-5674
On Apr !9,2O]-7 , at 4:77 PM, Andy Schwaller <aschwaller@garfield-countv.com> wrote:
Calvin and Ken,
Please provide us with an update with this building permit.
Thanks,
Andy Schwaller
Building Official
Garfield County
From: Andy Schwaller
Sent: Wednesday, December 2I,201612:50 PM
To: 'Calvin@easlesp nrc.com ' <Ca lvin@eaglesprinRsorga nic.com>;'Kenneth Sack'
<kensack@me.com>
Cc: Jim Wilson <jwilson@garfield >; Wade Patton <wpatton@garfield-countv.com>; Tamra
Allen <tallen@garfield-countv.com>; Sheryl Bower <sbower@garfield-countv.com>
Subject: Sla ughte r House Bui ld ing Perm it BLCO-07-14-3288
Calvin,
Thanks for meeting with us on December L5, 2016. Attached is a list of corrections related to the
building permit. Also attached are the original Conditions of Permit. These items are required prior to a
final inspection of the building. ln addition, dumping of the various guts, hides and animal parts is not
allowed within the aircraft easement associated with the property. This is for the safety of the incoming
and outgoing aircraft and increased possibility of large bird collisions at the end of the Garfield County
runway. Please note the land use permit for a USDA facility has expired. Any approval of a building
permit will only be for a custom meat processing facility as defined by the USDA and CDPHE. Johnson-
Carter Architects appear to be the architect of record and can help you with the various code provisions
and the new smoke house structure permitting.
Please note this permit has expired. lf the permitted work cannot be completed and closed out by April
L,201-7, additional fees and review will be required in order to reinstate the permit. The building will
also need to be vacated until a new Certificate of Occupancy can be issued.
Subfect:
1
Please call with any questions
Regards,
Andy Schwaller
Building Official
Garfield County
<CORRECTION NOTICE.docx>
<0016_00l.pdÞ
2
Andy Schwaller
From:
Sent:
To:
Subject:
Attachments:
Andy Schwaller
Wednesday, April L9, 2Ol7 2:L8 PM
'Calvin @eaglespringsorganic.com';' kensack@ me.com'
FW: Slaughter House Building Permit BLCO-07-L4-3288
CORRECTION NOTICE.docx; 00L6-001.pdf
Calvin and Ken,
Please provide us with an update with this building permit
Thanks,
Andy Schwaller
Building Official
Garfield County
From: Andy Schwaller
Sent: Wednesday, December 2L,20161"2:50 PM
To:'Calvin@eaglespringsorganic.com'<Calvin@eaglespringsorganic.com>;'Kenneth Sack'<kensack@me.com>
Cc: Jim Wilson <jwilson@garfield-county.com>; Wade Patton <wpatton@garfield-county.com>; Tamra Allen
<tallen@garfield-county.com>; Sheryl Bower <sbower@garfield-county.com>
Subject: Sla ughter Ho use Building Perm it B LCO-07-14-3288
Calvin,
Thanks for meeting with us on Decembe r 15,2016. Attached is a list of corrections related to the building permit. Also
attached are the original Conditions of Permit. These items are required prior to a final inspection of the building. ln
addition, dumping of the various guts, hides and animal parts is not allowed within the aircraft easement associated
with the property. This is for the safety of the incoming and outgoing aircraft and increased possibility of large bird
collisions at the end of the Garfield County runway. Please note the land use permit for a USDA facility has expired. Any
approval of a building permit will only be for a custom meat processing facility as defined by the USDA and
CDPHE. Johnson-Carter Architects appear to be the architect of record and can help you with the various code
provisions and the new smoke house structure permitting'
Please note this permit has expired. lf the permitted work cannot be completed and closed out by April L,2017,
additional fees and review will be required in order to reinstate the permit. The building will also need to be vacated
until a new Certificate of Occupancy can be issued.
Please call with any questions.
Regards,
Andy Schwaller
Building Official
Garfield County
I
Andy Schwaller
From:
Sent:
To:
Subject:
From: Sheryl Bower
Sent: Tuesday, December 2O,2Ot6 I:44 PM
To: Andy Schwaller <aschwaller@garfield-county.com>
Subject: RE: Eagle Springs Organic Slaughter House
What a mess they have going there
.sherUl t. Eower, AIC?<)
Garfield County
Community Development Director
108 8th Street, Suite 401
Glenwood Springs, CO
81601
le70l94s-L377
From: Andy Schwaller
Sent: Tuesday, December 20,2O76 9:58 AM
To: Wade Patton; Jim Wilson; Kathy A. Eastley; Tamra Allen
Cc: Sheryl Bower
Subject: FW: Eagle Springs Organic Slaughter House
From: Gore, Melvin - FSIS [mailto:Melvin.Gore@fsis.usda.gov]
Sent: Monday, December L9,2OL6 2:O7 PM
To: Andy Schwaller <aschwaller@garfield-countv.com>
Subject: RE: Eagle Springs Organic Slaughter House
Good Afternoon! Thank you for the updated informat¡on. I can read from your
ema¡l that the septic system drawings that I was given have not come to
fruition. That was supposed to eliminate the 4" pvc out the south side of the
building. That proposed system w¡th using the 4" draining "into a tank on a
trailer" certainly raised red flags for us. That is when we first informed ESO that
they had to have a state or local health department approve the system. That
has been 3 years now! We also expressed concern about having "adequate"
water supplies (define adequate) so then they were go¡ng to haul water up to the
plant above CR315 from Silt on kill and processing days. My superv¡sor and I
1
Andy Schwaller
Monday, January 23,2OL7 1-1:1-9 AM
Sheryl Bower
FW: Eagle Springs Organic Slaughter House
discussed that at length, but what we could actually do to counter the hauling
situation is limited other than require testing every 6 months on a private water
supply. I feel really good having Garfield County involved because your
presence re-enforces our emphasis on sanitation and proper disposal of waste
materials. Side note: I think the toilet facility in the processing facility may be
emptying into the adjoining house's septic system, but that info is from some
vague information that I received in one of the first visits up there. Thank you
veiy much for what you have accomplished and the update. My new supervisor
(since June) has no idea what he has inherited other than I a gave him a brief
thumbnail description and he felt thatwe could involved after ESO has an
approved sanitation system from Garfield County. lcan tell you, lam not
holding my breath for that one, it has been so long already!
Have a Happy Holiday Season!
Meluin Gore, DVM, SPI{V
c/o Golorado Homestead Ranches
741 West sth St.
Delta, GO 81416
Office: (97O) A74 - 8637
Gef l: (97O) 371 - 8093
OFO -- Verif¡ling Food Safety and Animal Welfare every day
From: Andy Schwaller Imailto:aschwaller@garfield-county.com]
Sent: Monday, December L9,2016 9:00 AM
To: Gore, Melvin - FSIS
Cc: Kathy A. Eastley; Wade Patton; Tamra Allen; Sheryl Bower
Subject: Eagle Springs Organic Slaughter House
Dr. Gore,
We are still working with Mr. Sack to get the building permit for the structure completed. He also needs to install a new
septic system for the butcher portion of the building. We did a site inspection last Thursday on the building and took the
attached pictures. I did not quite get the hanging elk in the picture, but there appeared to be elk, deer, and livestock all
hanging together in the kill room. There were more cattle and maybe a pig hanging in an adjacent room. lt does not
appear any animals are being butchered in the processing portion of the building. As per Mark the butcher, the animals
are killed and hung at the site on Eagle Springs property above CR 3L5, then hauled to the Rifle butcher shop to be cut
up and wrapped. Also as per Mark, they do not have enough water to operate a USDA butcher shop at the building
above CR 315. The picture of the 4 inch PVC pipe out the back of the building is attached to the floor drains of kill
room. The guts and hides are just outside the building. See picture. That is the runway to the Rifle airport in the
background.
Their land use permit for a USDA facility has expired. Custom processing is a use by right once they get the building and
septic permits completed.
2
The custom butchering aspect of the business seems to be doing a booming business as there were quite a few animals
hanging with more customers waiting to talk to Mark. I think we will have a final punch list of building related items for
them to complete. We did talk to Calvin Bailey who appears to be the present manager for the farm' Card
attached. He is mostly involved with the green houses but will be doing the work on the building permit issues. Let us
know if you have any questions.
Regards,
Andy Schwaller
Building Official
Garfield County
This electronic message contains information generated by the USDA solely for the intended recipients. Any
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3