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Home My WebLink About20082110.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST HASBROUCK HOLDINGS, LLC/ DOUBLE J MEAT PACKING FOR VIOLATION OF THE WELD COUNTY CODE 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, Hasbrouck Holdings, LLC / Double J Meat Packing, VI #ZCV08-00192, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning and Health staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 4th day of August, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Hasbrouck Holdings, LLC / Double J Meat Packing, property owner(s), were represented at said hearing by Tom Haren, AGPROfessionals, LLC, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until September 4, 2008, to allow adequate time for the property owner(s)to bring the subject property into compliance and for an inspection of the property by the Departments of Planning Services and Public Health and Environment staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that#ZCV08-00192 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Hasbrouck Holdings, LLC/ Double J Meat Packing, to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until September 4, 2008, to allow adequate time for the property owner(s) to bring the subject property into compliance. 2008-2110 PLp824 VIOLATIONS - ZCV08-00192 - HASBROUCK HOLDINGS, LLC/ DOUBLE J MEAT PACKING PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of August, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED x f;,. , Willi H. Jerk , Chair Weld County Clerk tk he + r};;.>) Robe D. Masden, Pro-Tem BY: Deputy Clerk :the Boafd�'— W ITi F. Garcia r DAS � David E. Long oe y Attorney EXCUSED Douglas Rademacher Date of signature: Se 2008-2110 PL0824 Violation Summary Report BASIC INFORMATION HASBROUCK HOLDINGS LLC DOUBLE J MEAT PACKING II4ERCE, CO 80650 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV08-00192 Situs Address: Legal: 14696 E1/3 NW4 22 8 65 (1R) Location: Location South of and adjacent to CR 92 and less than 1/4 mile East of CR 43 North Agriculture South Agriculture East Agriculture West Agriculture Parcel Number: 055122000012-R0616386 Acreage: 52.82 Certified Mail Date: 07/17/2008 Currently the property is in violation of: REMEDY ANY ACTIVITY REGARDINGING THE SOLID WASTE DISPOSAL FACILITY SHALL CEASE UNTIL APPROVAL/DENIAL OF SUBMITTED USR APPLICATION (USR-1663) HAS BEEN DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS THROUGH THE USR PROCESS. RECOMMENDATION THE DEPARTMENT OF PLANNING SERVICES ALONG WITH THE DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT ASK THAT ALL ACTIVITY CEASE IMMEDIATELY AND THE WINDROWS BE REMOVED OR FOR THIS CASE TO BE REFERRED TO THE COUNTY ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION. LETTER HISTORY 07/16/2008 Complaint Validated 07/17/2008 LTTR: Hearing Notification OTHER CASE HISTORY 2008-2110 Memorandum TO: Board of County Commissioners • ' DATE: July 31, 20087 Oi � COLORADO FROM: Troy Swain SUBJECT: Hasbrouck Holdings, LLC The property owner is operating a solid waste disposal facility without a certificate of designation, in violation of Solid Waste Disposal Sites and Facilities Act'. Wastes (blood) being disposed at the property have a high potential for odor and fly nuisance conditions. Flies and odors have been observed on the site. Recent operation modifications (cease hauling of wastes to the site)by the property owner seem to have mitigated nuisance conditions. Specifically, the owner has ceased disposal and consolidated windrows. Staff observations confirmed lack of immediate nuisance conditions on July 31, 2008. In accordance with the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, of the Colorado Revised Statutes (C.R.S.), it is the Department's position that keeping these wood wastes (with or without absorbed blood waste) for storage, treatment, transfer or disposal on the property constitutes an ongoing violation. Therefore, the Depai fluent is requesting that the wood wastes be removed and properly disposed of. The blood soaked wood wastes must be disposed of at a permitted composting facility or sanitary landfill. Compliance history of property owner and waste generator: August 2004 and February 2005 blood dumping violations. The Department issued letter concerning disposal of blood. See letter dated August 11, 2004 letter. Also, see Compliance Order on Consent between the Colorado Dept. of Public Health & Environment's Water Quality Control Division and Double J Meat Packing Inc. (Number IC-050921-1, Sept. 21, 2005) for violations regarding dumping of blood wastes from Double J Meat Packing Inc. Solid Waste Act(30-20-102 CRS) (1) Any person who owns or operates a solid waste disposal site and facility shall first obtain a certificate of designation from the governing body having jurisdiction over the area in which such site and facility is located. (2) Solid wastes disposal by any person is prohibited except on or at a solid waste disposal site and facility for which a certificate of designation has been obtained as provided in section 30-20-105 CRS. Definitions: "Solid wastes"means any garbage, refuse, sludge from waste treatment plant,water supply treatment plant,or air pollution control facility,and other discarded material, including solid,liquid,semisolid, or contained gaseous material resulting from industrial or commercial operations or from community activities. 30-20-101 (6) (a) CRS "Solid waste disposal"means the storage, treatment,utilization,processing, or final disposal of solid wastes. 30-20- 101 (7)CRS "Solid wastes disposal site and facility"means the location and facility at which the deposit and final treatment of solid wastes occur. 30-20-101 (8) CRS MEMORANDUM (it TO: INCIDENT FILE#1617 FROM: TROY SWAIN 7q SUBJECT: HASBROUCK OOg HOLDINGS,LLC-CHRONOLOGY DATE: ULY 31, COLORADO June 27, 2008—Complaint CO0800210 received regarding the composting of blood on a rural property. Property owner Hasbrouck Holdings, LLC.,Blood from Double J Packing, Inc. had been poured over windrow-like piles of wood wastes. Windrows open with blood exposed a potential fly& odor nuisance. Called Double J Packing, Inc. asked Mr.Toy Archer(Manager at Double J Meat Packing) to have the windrows covered to take care of any immediate problems regarding any fly and odor nuisance. Said the Department would follow-up with a letter. (Copy of complaint in file, digital photos in computer file—Exhibit 1, Exhibit 1 photos) June 30, 2008 —Certified Letter(#7007 1490 0002 6510 1656) sent to Mr. Jacob Hasbrouck to cease acceptance of blood wastes at this property and to respond to the Department within 10 days of receipt. (Copy in file, Exhibit 2) July 7, 2008 —The Department received the return receipt for the June 30, 2008 Certified Letter- reply due on or before July 17, 2008. July 7, 2008 -The Department received a call from Cody Hollingsworth with AgProfessionals. He said they submitted an application for a USR for Hasbrouck Holdings, LLC for the site. The Department's position that the facility must have land use approval and state approval prior to operation was relayed. (July 7, 2008 memo to file, Exhibit 3) July 9, 2008 —The Department received a voice mail message from a complainant that the blood was still being dumped at the property. The Department conducted an inspection of the site and windrows were being combined but parts of rows containing blood still exposed. (digital photos taken) July 15, 2008 faxed copy of the response to the Department's June 30, 2008 Certified Letter. (Copy of response in incident file, Exhibit 4) Meeting at Department with Toy Archer from Double J Packing. They agreed to cease accepting waste at this property until site is properly permitted and to submit their plans for disposing of the blood wastes. (Copy of July 16, 2008 e-mail regarding meeting in file, Exhibit 5) July 16, 2008 - Weld County Zoning Compliance to issue violation to compel removal and proper disposal of wood wastes. Violation letter to set hearing for August 4, 2008, Exhibit 6. July 17, 2008 —E-mail from Toy Archer from Double J Packing notification that they have stopped disposal at the site and will dispose of wastes at the Natures Cycle/STROMO Permitted Class I Composting Facility. Exhibit 7 July 23, 2008—Department conducted joint a joint inspection of Hasbrouck Holdings, LLC property with Ann Siron&Chris Gathman,Department of Planning Services and with Jerry Henderson, Colorado Dept. of Public Health and Environment's Hazardous Materials and Waste Management Division's Solid Waste Unit. (Digital photos taken by Planning Dept., exhibit 8, CDPHE to prepare inspection report) July 31, 2008—On-site inspection. Open windrow pile covered. Ground dry around combined windrow. No immediate nuisance conditions. Future Actions: August 4, 2008—Violation Hearing Scheduled Compliance history of property owner and waste generator: August 2004 and February 2005 blood dumping incidents. See Department's August 11, 2004 letter to Jay Hasbrouck, (Exhibit 9). See Compliance Order on Consent between the Colorado Dept. of Public Health&Environment's Water Quality Control Division and Double J Meat Packing Inc. (Number IC-050921-1, Sept. 21, 2005) for violations regarding dumping of blood wastes from Double J Meat Packing Inc(Exhibit 10). 2 e. Incident Report/Complaint No: oN CODC a( 0 Program Element: 1--taD t Assign to: 120 Status: 1 2 3 �_iiik Copy to File? Y N File Name: COLORADO ENVIRONMENTAL HEALTH SERVICES INCIDENT REPORT/COMPLAINT RECORD Report/Complaint Received By: 1 r�z.✓o•2 Date/Time:U ( It Report/Complaint Initiated By: CI Staff 0 Citizen 0 Sheriff ❑Planning/Zoning :Other C rnvhO s r.""en. Violation Address: PA -� 0 SSI Z Zo co o t L — E 1�3 /JLJ 1 S2C- Z Z r i 83/4 65ud Property Owner's Name: j ftS ( .Ro u C t tot(k5 5 LL-C— Phone #: Property Owner' s Address: 31 A (4o CZ- t , f1. l — cc go 6 5-D Report/Complaint: Vz rvCk C • of { JCr2 3 la rc:r- pcS-c-, 171 ocGC o,, avra\ `nn.cfr-L-,-{ Report/Complaint/Referred To: /( Date/Time: Investigation: 17 nrJ patkr Ie iv+- X90 '^'r o retc , n eQ vr, s 6P � �Tck rrU� � /t.�a�•, /l f/-� c}°/v�` i '^^c�a�'eza.cf pin.Cs a,t,o� ,� C wx,ls�j- rr. Caw 72l` t$ . l'eg n.- 4- -r j,`P s i rug:t or �v� me .+-y . c;4-Q_ nD1' cz (c,re- , Call esk bat) e_ T rt r ir%-ck H , 4I I I J4 rc k eft_ a•>s hr 't fides covC/'a-Q , 4' — z7-oE .-7!L By: 2 O- Date: 7o- Follow-up: SsA-4- crr.14-4 f 1-a-A By: l Sd. Date: 6- 08 Final Disposition of Report/Complaint: :irJc , hdhd ' IC( LCS By: � r� Date: 6 - 70-0 CLc -�_C(TcF- IWhite Copy-To File Yellow Copy-Master Complaint File t G k \'"\ -b5 V 1 O. r lei . . y N' . ...' 1/. 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' a. ..a- a 1 �� • -Ai,• •It ' -....•.• / Jr I iti ♦ . 449414"141. kiii 0 - �' .ate. • f I.,! lir •ac -It Ofir a• . / ',J - -fat. j r ;1• t , .. t& 4 :,'IV.....• `/ . . , • ' . . ., y� fir �'_` '�r �y • �, V • � +,• ' �1 � ' �` - ".� 'J'� � rill* • , • ' - ,----- --;;A.1J V DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT t-6--;\\H, 1555 N. 1 7`h Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 WI D FAX: (970) 304-6412 O PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 June 30, 2008 Certified Letter No.: 7007 1490 0002 6510 1656 Mr. Jacob C. Hasbrouck Double J Meat Packing, Inc. 726 West Main Street Pierce, Co 80650 Subject: Illegal Disposal Dear Mr. Hasbrouck: The Weld County Department of Public Health and Environment received a complaint that you are creating a fly and odor nuisance due to disposing of blood and wash water wastes from Double J Meat packing plant. This disposal was taking place at property owned by you, located on the southeast corner of Weld County Roads 43 &92, E 1/3, NW '/,, Section 22, Township 8 North, Range 65 West in Weld County, Colorado. An inspection revealed that the property is being used as an open waste disposal site. The wastes are being poured on windrow like piles of wood wastes. This site has not been approved for such disposal and is not a permitted composting facility. According to the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Regulations) (6 CCR 1007-2) as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, of the Colorado Revised Statutes (C.R.S.), as amended, it is unlawful to dispose solid wastes on your property without a Certificate of Designation issued under the provisions of the Regulations. .According to the Weld County Code, Chapter 23, Article III, Division 1 of Section 23-3-40, the location of a solid waste disposal site would require land use approval, such as a Use by Special Review permit and a Certificate of Designation for a solid waste disposal site. As such, disposal of these wastes would be a violation of the Weld County Code. Mr. Jacob C. Hasbrouck Certified Letter No.: 7007 1490 0002 6510 1656 June 30,2008 Page 2 This commercial waste, including the wood wastes, cannot be accepted for storage, treatment, transfer or disposal on your property, unless you have applied for and obtained the above mentioned approvals and licensed the facility in accordance with applicable provisions of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) and obtain any required land use approval applicable to your operation, such as, a Use by Special Review Permit and or a Certificate of Designation. It is expected that you either cease these practices or comply with all applicable regulations immediately. A written response is requested, which should include what steps will be taken by you to comply with the above referenced regulations and to remove and properly dispose of these wastes. Please inform us of your intentions within the next ten (10) days. Please be advised, the notifications in this letter do not preclude this Department and/or the Colorado Department of Public Health& Environment from initiating appropriate legal action in accordance with the Colorado Revised Statutes (C.R.S.) or any other applicable regulations. If you have any questions, please contact me at (970) 304-6415, extension 2219. Sincerely, -1127 Troy E. Swain Environmental Health Specialist Environmental Health Services cc: Trevor Jiricek, Director, Weld County Environmental Health Services (via e-mail) Bruce Barker, Weld County Attorney (via e-mail) Ann Siron, Weld County Zoning Compliance Officer (via e-mail) Charles Johnson, CDPHE- Hazardous Materials and Waste Management Division Michael Harris, CDPHE—Water Quality Control Division a MEMORANDUM Kitt TO: INCIDENT FILE#1617 FROM: TROY SWAIN 9.:at-" C. UBJECT:DATE: U Y 7, 2008 HOLDINGS, LLC COLORADO The Department received a call from Cody Hollingsworth with AgProfessionals. He said they submitted an application for a USR. The Depaituient's position that the facility must have land use approval and state approval prior to operation was relayed. Mr. Hollingsworth understood, was concerned that we were not aware of the application and requested that we confirm the application had been received. AgPros was provided an electronic copy of the Certified Letter (7007 1490 0002 6510 1656), which was sent to Mr. Hasbrouck. 3 07/15/2008 20: 52 9708349727 DOUBLE J MEAT PAGE 01 4C ,---7 n 6" // 726 West Main Street Pierce, Colorado 80650 Office: 970-834-1388 Fax; 970-834-9727 July 8, 2008 Mr. Troy Swain Weld County dept. of Health& Environment 1555 North 17th Ave. Greeley, CO 80631 Dear Mr. Swain: Please be advised that Double J Meat Packing, Inc. has cleaned up all windrows and have resumed land application of our blood waste. We are currently in process for a permit for an approved composting site, and hope to be approved for composting in the near future. Until we have a permit we will continue to land apply our blood within acceptable perimeters. Should you have any additional concerns,please advise us. Sincerely, L ouble J Meat Packing, Inc. Pierce, Colorado 80650 Page 1 of I Troy Swain From: Troy Swain Sent: Wednesday, July 16, 2008 10:03 AM To: 'toy@doublejinc.com' Cc: Trevor Jiricek; 'jerry.henderson@state.co.us'; Dave Long; Mark Wallace Subject: Our meeting regarding blood wastes from Double J Meat Packing, Inc. being land disposed at WCR 43 & CR 92 on property owned by Hasbrouck Holdings, LLC... Dear Mr. Archer: This e-mail is being sent as a follow-up to our July 15, 2008 meeting at the Weld County Department of Public Health & Environment. During the meeting, we discussed alleged violations regarding solid wastes, land use, and bioresource land application taking place at the Hasbrouck Holdings, LLC property, located E. of WCR 43 & CR 92. Notice of these alleged violations of solid waste and land use regulations was sent to the property owner on June 30, 2008, which required a written response within 10 days of receipt. During the meeting you said a response to the Departments June 30, 2008 letter was sent. The Department received a faxed copy of this letter yesterday. During our discussion, you agreed to cease acceptance of blood wastes for disposal, composting or land application at this property. The Department is aware that application has been made for a Class I composting facility at this location, however, this site cannot be used until it complies with the Regulations Pertaining to Solid Waste Disposal Sites and Facilities. We discussed options for managing the blood waste and you agreed to submit a plan for management of these wastes in accordance with applicable regulations. We discussed using a properly permitted Class I Composting facility or land application under Weld County's Land Application of Bioresource Policy(copy was provided). According to you, the windrow like piles of wood wastes used to absorb the blood wastes were in the process of being consolidated into a single pile. The Department believes keeping these wood wastes (with or without absorbed blood waste)for storage, treatment, transfer or disposal on your property constitutes an ongoing violation of the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, of the Colorado Revised Statutes (C.R.S.). Therefore, the Department is requesting that the wood wastes be removed and properly disposed of. Please be advised, the blood soaked wood wastes must be disposed of at a permitted Class I composting facility or a sanitary landfill. The Department is looking forward to receiving a more detailed plan for management of these blood wastes. Any land application submittal made under Weld County's Land Application of Bioresource Policy will be evaluated in a timely manner by the Department. If you have any questions regarding this matter, please feel free to contact me. Troy E. Swain, B.S., R.S. Environmental Health Specialist Environmental Health Services Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, Colorado 80631 (970) 304-6415, ext. 2219 (office) (970) 304-6411 (fax) 7/16/2008 DEPARTMENT OF PLANNING SERVICES (lit ,fse (isr----3/4 :N: Compliance Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 li IWebsite: WWW.CO.WELD.CO.US C E-mail Address: asiron(a�co.weld.co.us O PHONE: (970) 353-6100, Ext. 3566 FAX: (970) 304-6498 COLORADO July 17,2008 Mr. Jacob C. Hasbrouck Double J Meat Packing, Inc. 726 West Main Street Pierce, CO 80650 Hasbrouck Holdings LLC 39646 CR 39 Ault, CO 80650 Subject: ZCV08-00192, NW1/4 E1/3 of Section 22, T8N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. Hasbrouck: The property referenced above is in violation of the Weld County Code. I have scheduled an emergency violation hearing with the Board of County Commissioners on August 4, 2008, at 9:00 a.m., to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 23, Article Ill, Div 1 "A(Agricultural) Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by Special Review." Section 23-3-40.1 "Solid Waste Disposal sites and facilities, subject to the additional requirements of Section 23-4-380" To bring the property into compliance: It has been brought to the attention of the Weld County Department of Planning Services that the Weld County Department of Public Health & Environment has notified the owner (Jacob Hasbrouck) of immediate health, safety and welfare concerns due to the property being used as an open waste disposal site. The wastes are being poured on windrow like piles of wood wastes. While a Use by Special Review application (USR-1663) has been submitted for a solid waste disposal facility (Class I composting Facility) it has not been approved at this time. In order to cancel the above referenced hearing, all activities must cease immediately until approval is granted by the Board of County Commissioners through the Use by Special Review process. This hearing will take place in the County Commissioners Hearing Room, located at 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to 0 answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the county road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. If you have any questions concerning this matter, please call me. Sincerely, Ann Siron Zoning Compliance Officer pc: ZCV08-00192 Department of Planning Services Dave Long, Weld County Commissioner Bruce Barker, County Attorney Trevor Jiricek, Director, Weld County Environmental Health Services Troy Swain, Health Specialist, Weld County Environmental Health Services Kim Ogle, Planner, Weld County Dept. of Planning Services Chris Gathman, Planner, Weld County Dept. of Planning Services U.S. Postal Service,.' CERTIFIED MAIL,,, RECEIPT to (Domestic Mail Only;No Insurance Coverage Provided) m a- F•r•-livery inf•rmati•n visit •ur we•site at www.us•s.com; m m 'v P to m Postage $ N Certified Fee S a Postmark p Return Receipt Fee - (Endorsement Receipt Here p p Restrted Delivery Required) equre) - p (Endorsement Required) a- S Total Postage a Fees $ ra -nt To i t�h C- /� r ► P- �'t bro.uu- p ≤treet,Apt No.t f— ormBox N¢ CO. , City,State,ZIP+r). 1 ` 'ecCC C 1.() ) PS Form 3800.August2006 Sec Reverse for instructions U.S. Postal Service,„ CERTIFIED MAILrr,, RECEIPT ru (Domestic Mall Only;No Insurance Coverage Provided) a- F•r.elivery inf•rmati nvisit•ur we•site at vnvw.us•s.c•m, m Nyx. r u aLLE 0.0 to m Postage $ N Certified Fee o0 Fee Return ReceiptPostmark ere (Endorsement Rceipt ) Here Restricted Delivery Fee a (Endorsement Required) 0 S Total Postage 8 Fees $ ra Sent To 0 Street Apt No.: M1 or PO Box No. Sel( r t 1 1 _--(.L'J2-y-/7�(� ,,stare.ZIP+a I I -�-tl! l'1 6,l I�I(O c Please also be advised that I will be taking video and/or pictures from the county road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. If you have any questions concerning this matter, please call me. Sincerely, Cif Ann Siron Zoning Compliance Officer pc: ZCV08-00192 Department of Planning Services Dave Long, Weld County Commissioner Bruce Barker, County Attorney Trevor Jiricek, Director, Weld County Environmental Health Services Troy Swain, Health Specialist, Weld County Environmental Health Services Kim Ogle, Planner, Weld County Dept. of Planning Services Chris Gathman, Planner,Weld County Dept. of Planning Services COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION A. Signature • Complete items 1,2,and 3.Also complete pcAgent item 4 if Restricted Delivery Is desired. XCe, MkAddressee • Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name) C. ate of Delivery • Attach this card to the back of the mailpiece, P or on the front if space permits. o` kAI Matr, emry Yes 1. Article Addressed to: If YES, taliFie y gaE€e&�ei : XNo POSbrnfl- 0O1d 11s�--C All 25 701'8 3G�4� CR 3 J RECEIVED Du i+, 7J(t� 3 e weType colJ W 'A_J Certified Mail 0 Express Mail O Registered O Return Receipt for Merchandise ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7007 1490 0004 7353 3942 (Transfer from service label) Domestic Return Receipt 102595-02-M-1540 PS Form 3811,February 2004 .. Page 1 of 1 Troy Swain From: Toy Archer [toyarcher@yahoo.com] Sent: Thursday, July 17, 2008 9:29 AM To: Troy Swain Cc: Jay Hasbrouck; Kelli Crider Subject: Double J blood waste Dear Mr. Swain: Double J meat Packing has discontenued applying blood at our 52 acre location at WCR43 and CR 92. We are looking at possible solutions for the disposal of the wood chips we purchased and will advise you of our plan for their disposition. We have arranged for Ron Ditson to compost our blood at the Stromo facility and we will examine our possibilities for land application in the very near future. We also intend to contenue our persuit of a class one composting facility. We are most grateful for all your guidance and intend to satisfy all county and state requirements as we move forward. Again, my thanks to you and Trevor for your help, Toy Archer Director of operations Double J Meat Packing Inc. Pierce, Co. 7/17/2008 Thc- 6 P WSW ` . • * s• e a� r . t,-- *1St.-14SKIIHriliHrib .... . • I me -1. ..?4.j"; i f — _. 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' �. ,l �• .• . i •/ z r'�,1T IS.tsar'e.1.r • 1 !,c• ey�l. d r 1�1.•tr I ,�, •"raL• • •t£`�.�a}, . � - t 'K �••,• r ✓'w1��•7yy_�' ,y '�4J` t A3.4t�t r',.Jt'pr/�i ' _ y' � ` •ti • - tY a— .i tali. �" 1 'f as7 + 1' '' gree•'.�, . . - �,'� ",t r a. l!•N'� f` ./^ y� /" Y r } -.. r O. .1 r •T TiF- .may •f. rtorr ' If/ ?J. a�� • .. a' gat' • - '.i art i = i '3,..- .� t 4,: " r<-,jam �y. r' ,-s. Ps. '-=rf. '' ! ,K , / '� 'ac' 1 •� ' Yy ` .. � , f � f' `, "3 _• •.!� eieede i 'Yl.'.'�y Y� ay_ t i.y ` .i ��"• a F• ( . .., ) 4 F :.i 'NIL r .1 1 ` - 1 ' ,' e ..J/ a � ' r1'.to 4. 1✓ .. r• �n � M r ).. . it.::—, 1 . lii r.!f y� fF lam. y ` ' i. ' • . • �Y.• -� 1 M ~ �i. •J . Jr '�•� afr f. { r� 1,K'�l/y-iC ��J A ' - -%ti • 1. a a . f fl. rI • ♦ ' !I i..' itiCIS j(t.73-1-% DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 17th Avenue Gree ley,y, 80631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION: (970) 304-6410 ei FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX. (970) 304-6411 August 11, 2004 Jay Hasbrouk Double J Farms &Feeding 39646 WCR 39 Ault, CO 80610 RE: Slaughterhouse Blood Disposal at Lamb Farm Dear Mr. Hasbrouk: As we discussed during our telephone conversation on August 4, 2004, the Weld County Department of Public Health & Environment has received numerous complaints regarding odors from the disposal of blood at Double J Farms&Feeding's Lamb Feedlot, operated by you, located at the southwest corner of Weld County Road 29 and Highway 14. This slaughterhouse blood and washdown waste from Double J Meat Packing, Inc., located at 726 Main St.,Pierce, was being disposed of at your lamb feedlot. This is considered an industrial waste, according to Colorado's Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) and must be disposed of properly, at a permitted waste disposal facility, which can accept these wastes. During our telephone conversation, you agreed to dispose of these wastes at a properly permitted facility. According to the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2, Section 1.3.3) as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20,Part 102, of the Colorado Revised Statutes (C.R.S.), as amended, it is unlawful to dispose solid wastes without a certificate of designation. Double J Farms &Feeding's Lamb Feedlot, operated by you,was granted land use approval under Special Use Permit Number 57 in 1970 as a lamb feeding lot. According to the Weld County Code, Chapter 23, Article III,Division 1 of Section 23-3-40, the location of a solid waste disposal site would require a revision in your land use approval, such as a Use by Special Review (USR) permit and a certificate of designation for a solid waste disposal site. As such, the continued disposal of blood wastes would be a violation of your land use permit and the Weld County Code. Jay Hasbrouck Double J Farms & Feeding August 11, 2004 Page 2 During the investigation, we also observed that the storage area for these wastes and manure from the lamb lot has no run-off control. The Colorado Confined Animal Feeding Operation Regulations requires that appropriate run-off containment be in place. Please ensure adequate measures are in place to prevent discharges from your manure storage area. This lack of run-off control was cited in an April 17, 2001 inspection and subsequent letter addressed to you from the United States Environmental Protection Agency(USEPA). Specifically, the Double J Farms & Feeding's Lamb Feedlot was given the following suggested corrective action: take immediate measures to prevent the potential discharge from the solid waste storage area, including construction of an earthen berm around this area to contain waste run-off. We appreciate your cooperation in this matter. If you have any questions,please contact Troy Swain at 304-6415, extension 2219. Sincerely, T71-7 Troy E. Swain Trevor Jirice , .A.E.S. Environmental Health Specialist Director Environmental Health Services Environmental Health Services cc: Brian Foss,City of Thornton Farms,PO Box 128, Ault, CO 80610 (property owner) Mark E Wallace,MD,MPH, Director, Weld County Dept. of Public Health&Environment Lee Morrison, Weld County Assistant Attorney Ron Jepson, CDPHE-WQCD Glen Mallory,CDPHE-HMWMD OF cPzo � . 9d COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT � C 4 WATER QUALITY CONTROL DIVISION 1876 COMPLIANCE ORDER ON CONSENT NUMBER: IC-050921-1 IN THE MATTER OF: DOUBLE J MEAT PACKING, INC. WELD COUNTY, COLORADO The Colorado Department of Public Health and Environment ("Department"), through the Water Quality Control Division("Division"),issues this Compliance Order on Consent("Consent Order"),pursuant to the Division's authority under§25-8-605,C.R.S. of the Colorado Water Quality Control Act("the Act")§§25-8- 101 to 703,C.R.S.,and its implementing regulations,with the express consent of Double J Meat Packing,Inc. ("Double J Meat"). The Division and Double J Meat may be referred to collectively as "the Parties." STATEMENT OF PURPOSE 1. The mutual objectives of the Parties in entering into this Consent Order are to resolve,without litigation, the civil penalties associated with the alleged violations identified in the Notice of Violation/Cease and Desist Order that the Division issued to Double J Meat on June 14, 2005. DIVISION'S FINDINGS OF FACT AND DETERMINATION OF VIOLATIONS 2. Based upon the Division's investigation into and review of the compliance issues identified herein,and in accordance with §25-8-605, C.R.S., the Division has made the following determinations regarding violations of the Act associated with Double J Meat. 3. At all times relevant to the alleged violations identified herein,Double J Meat was a Colorado corporation in good standing and registered to conduct business in the State of Colorado. 4. Double J Meat is a"person"as defined by§25-8-103(13),C.R.S.and its implementing permit regulation, 5 CCR 1002-61, §61.2(73). 5. Double J Meat owns and operates a meat processing plant located at 726 West Main Street,in or near the town of Pierce, Weld County, Colorado(the"Facility"). The Facility dresses approximately fifty head of livestock per day,including animals fed at Double J Farms&Feeding,Inc. ("Double J Farms"). Double J Meat and Double J Farms are operations under common ownership. Double J Meat Packing,Inc. Compliance Order on Consent Page I of 7 6. Pursuant to 5 CCR 1002-61, §61.14(1)(a), Double J Meat is required to obtain a permit for all land application discharges and for all discharges from impoundments unless: a. The discharge is exempted under section 61.14(1)(b); b. The discharge is subject to regulation by one of the implementing agencies described in 61.14(2); c. The impoundment has received a waiver from the Division pursuant to section 61.14(9)(a); or d. The owner of a land application system can demonstrate that: (i)the design and operation of the system will result in complete evapotranspiration of the effluent; (ii) there is adequate storage provided for the effluent during periods of inclement weather or where the ground has been frozen unless the provisions of(i) above can be met during the entire year; and; (iii) any augmentation plan or substitute supply plan for the land application site does not provide a credit for return of the effluent to ground water. 7. Pursuant to 5 CCR 1002-61, §61.14(10)(a), the owner of any impoundment who has not received a waiver,pursuant to §61.14(9)(a),is prohibited from placing any material,other than raw or potable water, in the impoundment prior to obtaining a discharge permit. 8. On July 19, 2004, the Weld County Department of Public Health & Environment ("Weld County") received a citizen complaint that tanker trucks were dumping liquid waste in and around manure piles on land owned by the City of Thornton, and leased by Double J Farms, at the southwest corner of WCR 29 and Highway 14,near the town of Ault, Colorado. 9. On August 3, 2004, Weld County received two citizen complaints of dead animal odors that originated from the dumping and mixing of deceased animals and/or blood with manure piles located at the southwest corner of WCR 29 and Highway 14, near the town of Ault, Colorado. One citizen complaint detailed that the dead animals, or waste, were from a meat packing plant located in Pierce, Colorado. 10. On August 4,2004,Weld County contacted a representative of Double J Farms and confirmed that blood and wash water waste from Double J Meat was being disposed of at a lamb feedlot property leased from the City of Thornton by Double J Farms,and located at the southwest corner of WCR 29 and Highway 14, near the town of Ault, Colorado. 11. On August 11, 2004, Weld County sent a letter to Double J Farms advising Double J Farms that animal blood and wash water waste must be disposed of properly, at a permitted waste disposal facility. 12. On February 28,2005,the Nunn Fire Department responded to a spill report that an unknown liquid had been dumped into an impoundment at or near WCR 39 and WCR 94,near the town of Pierce,Colorado. The Nunn Fire Department estimated the volume of the liquid to be 1000 gallons. As the Nunn Fire Department investigated the area, a pickup truck towing a tank behind approached the dumpsite. The Nunn Fire Department determined that the driver worked for Double J Farms. The driver informed the Nunn Fire Department that blood from the Double J Meat plant was being dumped at the site. 13. On February 28, 2005, Weld County received a complaint from the City of Thornton that Double J Meat was dumping blood from meat processing activities at the Facility into a recently utilized manmade impoundment on City of Thornton property located at or near WCR 39 and WCR 94 near the town of Pierce, Colorado. Double J Meat Packing,Inc. Compliance Order on Consent Page 2 of 7 14. Upon receiving notification of Double J Meat's blood dumping activities from representatives at Weld County,the Division sent Double J Meat a Compliance Advisory on March 14,2005,advising Double J Meat that the blood dumping activities were not permitted and requesting that Double J Meat submit a detailed description of the cause of the violations,dates that any dumping activities took place,procedures for any planned remediation efforts,and procedures that Double J Meat will utilize to dispose of blood and any associated meat processing waste byproducts in the future. 15. On March 24, 2005, the Division received a letter from Double J Meat describing the circumstances that led to the blood discharge activities at or near WCR 39 and WCR 94. The letter states that livestock waste products, including blood, from meat processing activities at the Facility, were discharged at this site approximately eight to ten times. 16. Blood and livestock waste products are "pollutants" as defined by §25-8-103(15) and its implementing permit regulation, 5 CCR 1002-61, §61.2(76). 17. The activities described in paragraphs 12-14 above, constitute the "discharge of pollutants" from an "impoundment" as defined by §25-8-103(3) and 5CCR 1002-61 §61.2(43). 18. The discharge of blood and livestock waste products from an impoundment, as described in paragraphs 12-14 above, does not meet any of the exemption criteria outlined in 5 CCR 1002-61, §61.14(1)(a), and therefore is subject to the impoundment discharge permit requirements. 19. The Division records establish that neither Double J Meat nor Double J Farms received a waiver of the requirement to obtain a discharge permit for the impoundment,prior to placing blood and livestock waste products in the impoundment. The Division records also establish that neither Double J Meat nor Double J Farms obtained any permits from the Division authorizing the impoundment discharges described in paragraphs 12-14 above. 20. Double J Meat's failure to obtain a permit from the Division authorizing the dumping and impoundment discharge activities described in paragraphs 12-14 above, constitutes violation(s) of 5 CCR 1002-61, §61.14(1)(a) and 5 CCR 1002-61, §61.14(10)(a). ORDER AND AGREEMENT 21. Based on the foregoing factual and legal determinations,pursuant to its authority under§25-8-605 C.R.S., and in satisfaction of the civil penalties associated with the violations cited herein,the Division orders Double J Meat to comply with all provisions of this Consent Order, including all requirements set forth below. 22. Double J Meat agrees to the terms and conditions of this Consent Order. Double J Meat agrees that this Consent Order constitutes a notice of alleged violation and an order issued pursuant to §§ 25-8-602 and 605, C.R.S., and is an enforceable requirement of the Act. Double J Meat also agrees not to challenge directly or collaterally,in any judicial or administrative proceeding brought by the Division or by Double J Meat against the Division: Double 7 Meat Packing,Inc. Compliance Order on Consent Page 3 of 7 a. The issuance of this Consent Order; b. The factual and legal determinations made by the Division herein; and c. The Division's authority to bring, or the court's jurisdiction to hear, any action to enforce the terms of this Consent Order under the Act. 23. Notwithstanding the above, Double J Meat does not admit to any of the factual or legal determinations made by the Division herein;and any action undertaken by Double J Meat pursuant to this Consent Order shall not constitute evidence of fault by Double J Meat with respect to the conditions of the Facility. CIVIL PENALTY 24. Based upon the application of the Division's Civil Penalty Policy (May 1, 1993), and consistent with Departmental policies for violations of the Act,Double J Meat shall pay Eleven Thousand Five Hundred Dollars ($11,500.00) in civil penalties. 25. The Division intends to petition the Executive Director, or his designee,to impose the Eleven Thousand Five Hundred Dollar ($11,500.00) civil penalty for the above violation(s) and Double J Meat agrees to make payment of the Eleven Thousand Five Hundred Dollar($11,500.00) civil penalty through four(4) installment payments as described in the table below: Payment Number Amount Due Due Date 1 $2,875.00 Within thirty(30)calendar days of issuance of a Penalty Order by the Executive Director or his designee 2 $2,875.00 March 30, 2006 3 $2,875.00 September 30, 2006 4 $2,875.00 March 30, 2007 26. Method of payment shall be by certified or cashier's check drawn to the order of the "Colorado Department of Public Health and Environment," and delivered to: Michael Harris Colorado Department of Public Health and Environment Water Quality Control Division Mail Code: WQCD-CADM-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 27. Failure to submit full payment of any installment by the due date described in paragraph 25 above shall be deemed a violation of this Consent Order. 28. In the event that Double J Meat fails to comply with any of the terms or provisions of this Consent Order relating to payment of the civil penalty, Double J Meat shall be liable for payment of the outstanding balance of the civil penalty within thirty(30)days of receipt of written demand by the Division. Method of payment shall be by certified or cashier's check drawn to the order of the "Colorado Department of Public Health and Environment," and delivered to the address specified in paragraph 26 above. Double J Meat Packing,Inc. Compliance Order on Consent Page 4 of 7 SCOPE AND EFFECT OF CONSENT ORDER 29. The Parties agree and acknowledge that this Consent Order constitutes a full and final settlement of the civil penalties associated with the violations cited herein and in the June 14, 2005 Notice of Violation/ Cease and Desist Order(Number: IO-050614-1). 30. This Consent Order is subject to the Division's "Public Notification of Administrative Enforcement Actions Policy", which includes a thirty-day public comment period. The Division and Double J Meat each reserve the right to withdraw consent to this Consent Order if comments received during the thirty- day period result in any proposed modification to the Consent Order. 31. This Consent Order constitutes a final agency order or action upon the date when the Executive Director or his designee imposes the civil penalty. Any violation of the provisions of this Consent Order by Double J Meat, including any false certifications, shall be a violation of a final order or action of the Division for the purpose of§25-8-608,C.R.S.,and may result in the assessment of civil penalties of up to ten thousand dollars per day for each day during which such violation occurs. 32. The Parties' obligations under this Consent Order are limited to the matters expressly stated herein or in approved submissions required hereunder. All submissions made pursuant to this Consent Order are incorporated into this Consent Order and become enforceable under the terms of this Consent Order as of the date of approval by the Division. 33. The Division's approval of any submission, standard, or action under this Consent Order shall not constitute a defense to,or an excuse for,any prior violation of the Act,or any subsequent violation of any requirement of this Consent Order or the Act. 34. Notwithstanding paragraph 23 above,the violations described in this Consent Order will constitute part of Double J Meat's compliance history for purposes where such history is relevant. This includes considering the violations described above in assessing a penalty for any subsequent violations against Double J Meat. Double J Meat agrees not to challenge the use of the cited violations for any such purpose. LIMITATIONS, RELEASES AND RESERVATION OF RIGHTS AND LIABILITY 35. Upon the effective date of this Consent Order,and during its term,this Consent Order shall stand in lieu of any other enforcement action by the Division with respect to civil penalties for the specific instances of violations cited herein and in the June 14, 2005 Notice of Violation/ Cease and Desist Order(Number: IO-050614-1). The Division reserves the right to bring any action to enforce this Consent Order,including actions for penalties and/or injunctive relief. 36. This Consent Order does not grant any release of liability for any violations not specifically cited herein. Double J Meat Packing,Inc. Compliance Order on Consent Page 5 of 7 37. Nothing in this Consent Order shall preclude the Division from imposing additional requirements necessary to protect human health or the environment pursuant to the terms of this Consent Order. Nor shall anything in this Consent Order preclude the Division from imposing additional requirements in the event that new information is discovered that indicates such requirements are necessary to protect human health or the environment. 38. Upon the effective date of this Consent Order,Double J Meat releases and covenants not to sue the State of Colorado or its employees, agents or representatives as to all common law or statutory claims or counterclaims arising from, or relating to, the violations of the Act specifically addressed herein. 39. Double J Meat shall not seek to hold the State of Colorado or its employees, agents or representatives liable for any injuries or damages to persons or property resulting from acts or omissions of Double J Meat, or those acting for or on behalf of Double J Meat, including its officers, employees, agents, successors,representatives,contractors,consultants or attorneys in carrying out activities pursuant to this Consent Order. Double J Meat shall not hold out the State of Colorado or its employees, agents or representatives as a party to any contract entered into by Double J Meat in carrying out activities pursuant to this Consent Order. Nothing in this Consent Order shall constitute an express or implied waiver of immunity otherwise applicable to the State of Colorado, its employees, agents or representatives. NOTICES 40. Unless otherwise specified,any report,notice or other communication required under the Consent Order shall be sent to: For the Division: Colorado Department of Public Health and Environment Water Quality Control Division/WQCD-CADM-B2 Attention: Michael Harris 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Telephone: 303.692.3 598 E-mail: michael.harris@state.co.us For Double J Meat: Jacob C. Hasbrouck 726 West Main Street Pierce, CO 80650 Telephone: 970.834.1388 E-mail:jay@doublejinc.com Double J Meat Packing,Inc. Compliance Order on Consent Page 6 of 7 MODIFICATIONS 41. This Consent Order may be modified only upon mutual written agreement of the Parties. NOTICE OF EFFECTIVE DATE • 42. This Consent Order shall become effective upon the date when the Executive Director or his designee imposes the civil penalty. If the penalty as described in this Order is not imposed, or an alternate penalty is imposed, this Order becomes null and void. BINDING EFFECT AND AUTHORIZATION TO SIGN 43. This Consent Order is binding upon Double J Meat and its corporate subsidiaries or parents,their officers, directors,employees,successors in interest,and assigns. The undersigned warrant that they are authorized to legally bind their respective principals to this Consent Order. Double J Meat agrees to provide a copy of this Consent Order to any contractors and other agents performing work pursuant to this Consent Order and require such agents to comply with the requirements of this Consent Order. In the event that a party does not sign this Consent Order within thirty (30) calendar days of the other party's signature, this Consent Order becomes null and void. This Consent Order may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Consent Order. FOR DOUBLE J MEAT: r _ Valatercce-L) Date: 9' Ito- O S— ay H rouc Owner FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Date: %/p7 OS David A. Akers, ection Manager Water Quality Protection Section Water Quality Control Division Double J Meat Packing,Inc. Compliance Order on Consent Page 7 of 7 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0616386 Parcel#: 055122000012 Tax Area: 0916 Bordering County: Acres: 52 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 08 - 65 - 22 - 0 - - Owners Name&Address: Property Address: HASBROUCK HOLDINGS LLC Street: 39646 CR 39 City: AULT, CO 80650 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 11/30/2007 $100,000 WD 3520890 Legal Description 14696 E1/3 NW4 22 8 65 (1R) Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4107 Acres 35 Agricultural 4167 Acres 17 Land Subtotal: 52 $14,448 $4,190 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=05512... 7/31/2008 RMO 11111 DUI Ill 111111111111111111111111 � ID 3520890 12/03/2007 02:27P Weld County,CO 1 0l 1 R 6.00 0 10.00 Steve Moreno Clerk&Recorder 890 WARRANTY DEED THIS DEED,Made this 30th day of November,2007 between Benjamin Wacker and Lila.1.Wacker of the County of Weld,State of Colorado,grantor and Hasbrouck Holdings,LW,a Colorado limited liability company whose legal address is:39646 Weld County Road 39,Ault,CO 80650, of the County of Weld,State of Colorado.grantee: W ITNESSETH,That the grantor for and in consideration of the sum of One Hundred Thousand Dollars and NO/100's ($100,000.00)the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld,and State of COLORADO,described as follows: The East 1/3 of the Northwest V.of Section 22,Township 8 North,Range 65 West of the 6'"P.M.,County of Weld,State of Colorado. Grantor hereby reserves Roseberry Wells#11260,#11261,and#11262 for the benefit and use of Lot B of Recorded Exemption 620,including the right to access and maintain the wells and the existing pipeline. also known by street and number as Vacant Land,Pierce,CO 80650 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same arc free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a"Title Review",of the contract dated November 14,2007, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. SELLERS: Benj [a ��Kiz_.�/� -- �'i J-�//(/rz c�C-t✓ Be un Wacker Lila J.W W acc Cr STATE OF COLORADO )ss: COUNTY OF Weld The foregoing instrument was acknowledged before me this 30th of Nove er, 007 by Benjamin Wacker and Lila 1. Wacker Wvtt — VG1 .— Notary Pub Witness my ham and ows4w—, ,PEARSON My Commission xpires:NQtAAY PUBLIC STATE OF'ICOLORADO slvrnmmss k ion Evoes Seat 182009 1l rwen E WDPNOtt) SAIL r ` (l` J Security Title Wananty Deed(For Photographic Record)updated 1/2006 File No.S0220151 CO DEPI NELTH HAZ MAT Fax:3035399833 Aug 1 2008 16:17 P. 01 _ STATE OF COLORADO 8fi Rater,Jr.,Governor James 8.Marlin,Executive Director ` Detiiailed b pit:adding and improving the heat environment h and envirent et the people of Colorado x200 Cherry Creek Or.S. Laboratory Services Division Denver,Colorado 10240.1510 x100 Lowry Blvd. Phone(902)at2.Z000 Denver.Colorado 802303928 Loaded In .C�oloradt (303)69240110C,o hllJMwitedphaamk m.usof Poblictat aadEnvitenmeat Gary Baughman,Division Director Hazardous Materials and Wastc Management Division Fax Transmission Sheet Fax#:(303)759-5355 IMMEDIATE DELIVERY TO: Td6.1 S(A/a"✓l COMPANY/AGENCY: IAAM fan be4 a F & /.. Het Itit tiehVIagel Milit TELEPHONE A': /� TELEFAX# Q: 0- 304- caw/1 FROM: W41(r(/ 1.44(4(rJo''1/2• • TELEPHONE: try 303-76417—3g 55 SUBJECT: Al-�O.CbrO iGit T ta, / (( ! DATE NUMBER OF PAGES TO FOLLOW: COMMENTS CO DEPT HELTH HAZ MAT Fax:3036399833 Aug 1 2008 16:17 P. 02 STATE OF COLORADO Bill Ritter,Jr.,Governor James B.Martin,Executive Director 41rtf.,, Dedicated to protecting and Improving the health and environment of the people of Colorado 4300 Cherry Cask Dr.S. Laboratory Services Division Denver,Colorado 80248-1530 8100 Lowry Blvd. Phone(303)8924000 Denver,Colorado 802304928 TDD Line(303)891.7700 (303)692-3080 Colorado Depaimtant Located In Glendale,Colorado A�m11 http://www.cdpha.state.eo.ue ofPrblie to andEm�irotrmatr August 1,2008 CERTIFIED MAIL#7005 1820 0000 3211 7773 Return Receipt Requested Mr.Jacob C.Hasbrouck Hasbrouck Holdings,LLC 39646 CR 39 Ault,CO 80650 Mr.Toy Archer Double J Meat Packing,Inc, 726 West Main Street Pierce,Co 80650 Re: Compliance Advisory for Property Southeast of CR 43 and CR 92 Weld County,Colorado SW WLDHHC 1.6 Dear Messrs.Hasbrouck and Archer: This Compliance Advisory provides notice related to information gained during an inspection conducted by the Colorado Department of Public Health and Environment,Hazardous Materials and Waste Management Division (the"Department")on July 23,2008. This inspection was conducted jointly with officials from Weld County. The purpose of the inspection was to determine the facility's compliance status with respect to the Solid Wastes Disposal Sites and Facilities Act,"Title 30,Article 20,Part I as amended(the statute)and the regulations(6 CCR 1007-2)developed for the implementation of the statute. The Department advises you that the information pined during the inspection may indicate that you violated Colorado's solid waste laws. Department personnel will review the facts established and this notice may be revised to include additions or clarifications as a result of that review. • Please be aware that you are responsible for complying with the State solid waste regulations and that there are civil penalties for failing to do so. The issuance of this Compliance Advisory does not limit or preclude the Department from pursuing its enforcement options concerning this inspection including issuance of a Compliance Order and/or seeking an assessment of civil penalties. Also,this Compliance Advisory does not constitute a bar to enforcement action for conditions that are not addressed in this Compliance Advisory,or conditions found during future file reviews or inspections of your property. The Department will take into consideration your response to the requested actions listed below for each cited deficiency in its consideration of enforcement options. • CO DEPT HELTH HAZ MAT Fax:3036399833 Aug 1 2008 16:17 P. 03 Messrs.Hasbrouck and Archer August 1,2008 Page 2 of 2 Deficiency 1. The facility is being operated as a solid waste disposal site and facility without a certificate of designation. Some of the solid waste present on the property is from sources other than the owner or operator, rendering the facility ineligible for the one's own waste exemption. The operator has brought a large amount bf solid waste onto the property with the intent to initiate composting operations at this location. Thus, the solid waste disposal activity is in violation of Section 30.20-102 of the Act and Sections 1,3.3, 14.1.5(A)and 14.4.1 of the Regulations. Requested Action 1: The owner and/or operator of the facility should immediately cease acceptance of solid waste at the facility. Further all solid waste should be removed fium the premises to a permitted disposal facility within 30 days of your receipt of this correspondence. Within 45 days,respond to the Division in writing documenting the status of the removal action,and provide disposal receipts and photographic documentation in support thereof. This removal request applies to all solid waste at the facility,including wood chips,blood waste, concrete and discarded furniture. Deficiency 2: The property is being operated as a solid waste disposal site and facility without financial assurance. This is in violation of Section 30-20.104.5 of the Act and Sections 1.8 and 14.3 of the Regulations. Requested Action: Same as Requested Action 1. To close out this Compliance Advisory,we encourage you to contact this office by August 15,2008 at the number listed below and,where necessity,schedule a meeting: A. To discuss the Compliance Advisory and answer any questions that you may have; B. To develop a schedule for correcting the deficiency noted above;or C. To submit information necessary to show that the deficiency is not a violation of Colorado's solid waste laws. A copy of the inspection report is enclosed with this Compliance Advisory. You may contact myself at 303.692.3455 or Charles Johnson at 303.692.3348 concerning the deficiency detailed under this Compliance Advisory and/or to set a meeting to discussthis Compliance Advisory. Sincerely, • e Henderson Charles G. o son Solid Waste and Material Management Unit Solid Waste and Material Management Unit Leader Solid and Hazardous Waste Program Solid and Hazardous Waste Program Enclosure • cc: Weld County Commissioners Mr.Trevor Juricek,Weld County Department of Public Health and Environment Ms.Ann Siron,Weld County Zoning Compliance Officer Mr.Troy Swain,Weld County Department of Public Health and Environment SW Tracking CO DEPT HELTH HAZ MAT Fax:3036399833 Aug 1 2008 16:17 P. 04 SOLID WASTE INSPECTION REPORT AGENCY: Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division FACILITY: Hasbrouck Holdings, LLC LOCATION: Southeast Corner of CR 43 N and CR 92,NW'/.El/3 of Section 22, T8N, R65 W of the 6th PMWeld County,Colorado CONTACT: Toy Archer, Director of Operations, Double J Meat Packing Co. PHONE#: 970-371-6046 DATE: July 23, 2008 TIMES: 10:30.11:00AM INSPECTORS: Chris Gathman, Weld County Department of Planning Services Jerry Henderson, Colorado Dept. of Public Health&Environment Ann Siron,Weld County Zoning Compliance Officer Troy Swain, Weld County Dept.of Public Health and Environment INSPECTION TYPE: Announced Background: Events relating to this inspection are as follows: • In June 2008, Weld County Department of Public Health and Environment (WCDPHE)conducted an inspection of the subject property, in response to a complaint alleging fly and odor nuisances caused by the dumping of blood waste. The inspection found that the property was being operated by Double I Meat Packing Co. as a solid waste disposal site and facility. • On June 30,2008,WCDPHE sent the operator and the property owner, Hasbrouck Holdings LLC, notice of violations of the Solid Waste Disposal Sites and Facilities Act and the Weld County Code at the subject property. The Weld County Board of Commissioners has not issued a certificate of designation for the subject property. • On June 30, 2008,Weld County Department of Public Health and Environment (WCDPHE)requested the assistance of the Colorado Department of Public Health and Environment(CDPHE)Solid Waste and Material Management Unit in responding to the complaint. • On July 9 2008,CDPHE received a referral from Weld County Department of Planning Services for an application for certificate of designation for a proposed Class I composting operation at the subject property. UU UtFI 11tLIh HAL MAI r2X:JUJbi`JUbJJ AUg I LUUU lb:I / F. Ub • On July 17, 2008,the Weld County Department of Planning Services provided notice to the property owner and operator of violations of the Weld County Code. An emergency violation hearing was scheduled before the Board of County Commissioners for August 4, 2008. • On July 22, 2008,Jerry Henderson of CDPHE telephoned Mr. Archer requesting access to the subject property for purposes of conducting an inspection under the Solid Waste Act. Mr. Archer directs the composting activity at the subject property. Mr. Archer verbally granted access for the inspection to occur on the following day,but declined to be present during the inspection. • On July 23, 2008, CDPHE received a composting pilot project proposal from AgProfessionals, LLC for this property Inspection: 30-20-113(6) CRS provides for CDPHE representatives to inspect any property where solid waste is reasonably believed to be located. The purpose of the inspection was to determine the facility's compliance status with regard to the Solid Waste Disposal Sites and Facilities Act(the Act), 30-20-Part 1 CRS, and the Regulations Pertaining to Solid Waste Sites and Facilities(the Regulations), 6 CCR 1007-2 Part 1. Upon accessing the subject property,inspectors found three windrows consisting largely of solid waste in the form of wood chips,all oriented in a north-south direction. The westernmost windrow was 10-12 feet high,and extended for an estimated 1500-2000 feet. See Photo 1. [Mr. Archer confirmed by phone to CDPHE on 7/24/08 that this windrow was an attempt to consolidate several smaller windrows.] Despite little blood staining on the wood chips exposed at the surface of this windrow, flies were attracted to the area. The wood chips were contaminated with various other forms of solid waste including plastics,painted wood, foam, stryofoam,particle board and oriented strand board. The middle and east windrows were approximately 4 feet high. The middle windrow had a trough cut into it, and on the north end,wood chips at the surface of the trough were stained with blood. See Photos 2 and 3. [During the 7/24/08 phone call with CDPHE,Mr. Archer stated that the wood chips were sourced from City of Greeley, and that all alleged contaminants in the wood chips were compostable.] North of the windrows was a secondary disposal area containing primarily concrete along with some discarded furniture, See Photo 4. FINDINGS Based on the solid waste disposal activities observed during the inspection,the subject property is not in compliance with the Act or the Regulations. The following primary violations were observed. Solid Waste Inspection Report July 30, 2008 Hasbrouck Holdings LLC Page 2 of 3 LU UtF! MCLIM MAL MAI rMX:JUJbJJbUJJ AVM I TUUtl Ib: I / r. Ub 1. The facility is being operated as a solid waste disposal site and facility without a certificate of designation issued by the Weld County Board of Commissioners. Not all of the solid waste present on the property is sourccd from the owner or operator,rendering the facility ineligible for the one's own waste exemption. The operator has brought a large amount of solid waste onto the property with the intent to initiate composting operations at this location. Thus,the solid waste disposal activity is in violation of Section 30-20-102 of the Act and Sections 1.3.3, 14.1.5(A)and 14.4.1 of the Regulations. 2. The owner and/or operator of the property is operating a solid waste disposal site and facility without financial assurance. This is in violation of Section 30-20- 104.5 of the Act and Sections 1.8 and 14.3 of the Regulations. 3. There is a secondary disposal area located north of the windrows where concrete and furniture have been discarded. This activity is also in violation of Section 30- 20-102 of the Act and Sections 1.3.3 and 1.8 of the Regulations. SIGNATURE 1Og erson D to Solid Waste Inspection Report July 30, 2008 Hasbrouck Holdings LLC Page 3 of 3 UU UtFI ntLIM HAL MAI Fax:JUJbJSS WJ Aug 1 2UUd 1b:1 / N. U/ Colorado Department of Public Health and Environment Hasbroucke Holdings LLC Photographic Log Re:July 23,2008 Inspection Photo I: View to north of west windrow, CO DEPT HELTH HAZ MAT Fax:3036399033 Aug 1 2904 1b:1U P. UU Photo 2: View to the south with the middle windrow in center of the frame, Note blood stain evident on the wood chips. CO DEPT HELTH HAZ MAT Fax:3036399833 Aug 1 2008 16:18 P. 09 Photo 3: Close up of the blood stained wood chips on the north end of the middle windrow. CO DEPT HELTH HAZ MAT Fax:3U36399933 Aug 1 2000 lb:1U P. 1U Photo 4: Secondary disposal area north of the windrows, view to the northeast. J1.v//1_1'L)/rC 4(1' t DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N_ 1RA 080631VEU GREELEY,COLORADO 7TMA ADMINISTRATION(970)304-6410 ipePUBLIC HEALTH EDUCATION AND NURSING;970)304-5420 FE (970)304- 415 ENVIRONMENTALHEALTH SERVI 6CESS(970)304-6415 FAX(970) 304-5411 COLORADO October 8, 1999 0� ♦♦r L' Bob Yost A-1 Organics 0CT 4 199 6569 Colorado Highway 93 ,� _ i i ��MATERIALS Golden, Colorado 80403 /WDWARTEMANAGEMENT Subject: Pilot Composting Project Dear Mr. Yost: The Weld County Departments of Planning Services and Public Health and Environment have reviewed your September 17. 1999 letter. Your letter requests County approval for a "short-term composting pilot study" project ("project"). The project is proposed to be located in a part of Section 36, Township 3 North. Range 64 West, of the 6th Principal Meridian. As you are aware, in accordance with the Weld County Zoning Ordinance and the Solid Waste Disposal Sites and Facilities Act (30-20-100.5. CRS, as amended), projects of this type generally must obtain a Certificate of Designation and a Use by Special Review permit prior to operation. However, the County agrees not to pursue the operation of this site as a violation of these laws and to allow you to conduct your pilot composting site subject to the following terms and conditions: General conditions: 1) The term of the project is not to exceed 12 months from the date of written approval from Weld County described in condition#7 below. A-1 Organics must submit a complete application for a Certificate of Designation and Use by Special Review permit, to the County, within 6 months of written approval of the operations plan for the project. 2) The project shall not exceed of 5 acres in size. During the first 6 months of the project the total volume of material (feedstocks and bulking agents) to be processed at the site shall not exceed 25,000 yards. As described in condition#1, you are required to apply for a Certificate of Designation and a Use by Special Review Permit within 6 months; subsequent volumes to be allowed on the site, if any, following that 6 month period will be determined at that point . 4 H' • Bob Yost October 8, 1999 Page 2 3) Upon written notification from Weld County or the Colorado Department of Public Health and Environment, A-1 Organics must cease all operations. The site must be returned to its original condition within 30 days of this notice. 4) By allowing this pilot project Weld County does not guarantee that A-1 Organics will receive approval for a Certificate of Designation and Use by Special Review or otherwise limit the exercise of the Board of County Commissioners discretion in considering the Certificate of Designation or Use by Special Review. 5) A-1 Organics must re-imburse the County for review costs and inspections of the site. 6) Development Standard #22 of Coors Energy Company Use by Special Review permit #1160 limits the number of truck trips into the facility to 25 trips per day. The combined truck trips between Coors' activities and this pilot project shall not exceed 25 trips per day. A-1 Organics must coordinate truck trips with Coors and document the number of truck trips made to the facility on a daily basis. Conditions that must be met prior to start-up: 7) A-I Organics must submit an operation plan to the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment that addresses all of the items found in Section 14.6 of the July 1, 1999, draft Compost Regulations. The operations plan must be approved in writing by both the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment. 8) A-1 Organics must notify any property owner within 1,000 feet of the facility boundaries of the proposed pilot operation. Copies of any notification must be provided to the Weld County Department of Planning Services. 9) A-1 Organics must establish financial assurance. Financial assurance can be established with the Colorado Department of Public Health and Environment pursuant to Section 1.8 of Colorado's Solid Waste Regulations or with Weld County. The County's preference would be for financial assurance to be established with the Colorado Department of Public Health and Environment as this would make for a smoother transition in the event the facility receives permits for a permanent facility. 10) It is our understanding that Coors Energy Company currently owns this site. A-1 must provide evidence to the Weld County Department of Planning Services that the Coors Energy Company has granted permission to conduct this project. Additionally, the Coors Energy Company should provide documentation that they will work with A-1 to limit the Bob Yost October 8, 1999 Page 3 number of truck trips as specified in Development Standard #22 of Use by Special Review Permit #1 160. During the operation of the site: 1 1) A-1 Organics must submit bi-monthly reports that describe the status of the site. At a minimum, the reports must include: the volume of feedstock and bulky material brought to the site. the volume of in-process material, the volume of materials removed from the site. etc. 12) A-I Organics must take all necessary precautions and steps to prevent nuisance conditions, such as flies. odors, dust. etc. We look forward to working with you on this project and wish you luck on your endeavors. If you have any questions, please contact Trevor Jiricek at 970-304-6415, extension 2209, or Julie Chester at 970-353-6100. extension 3540. Your contact at the Colorado Department of Public Health and Environment is Roger Doak (303-692-3437). Sincerely. n . c1e R S:. i .S.EI�� Monica Mika Daniels Director Director Department of Public Health and Environment Department of Planning Services tj/waste/al organics/pilot cc: Roger Doak. Colorado Department of Public Health and Enviornment George Neserke, Coors Energy Company Weld County Board of Commissioners Bruce Barker, Weld County Attorney STATE OF COLORADO Bill Ritter,Jr..Governor James B. Martin, Executive Director /p cotoq Dedicated to protecting and improving the health and environment of the people of Colorado Fes/ � 90 4300 Cherry Creek Dr.S. Laboratory Services Division ` 1' c• Denver, Colorado 80246-1530 8100 Lowry Blvd. `\87 Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment August 1, 2008 CERTIFIED MAIL # 7005 1820 0000 3211 7773 Return Receipt Requested Mr. Jacob C. Hasbrouck Hasbrouck Holdings, LLC 39646 CR 39 Ault, CO 80650 Mr. Toy Archer Double J Meat Packing, Inc. 726 West Main Street Pierce, Co 80650 Re: Compliance Advisory for Property Southeast of CR 43 and CR 92 Weld County, Colorado SW WLD HHC 1.6 Dear Messrs. Hasbrouck and Archer: This Compliance Advisory provides notice related to information gained during an inspection conducted by the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (the "Department")on July 23, 2008. This inspection was conducted jointly with officials from Weld County. The purpose of the inspection was to determine the facility's compliance status with respect to the Solid Wastes Disposal Sites and Facilities Act," Title 30, Article 20, Part 1 as amended(the statute)and the regulations(6 CCR 1007-2) developed for the implementation of the statute. The Department advises you that the information gained during the inspection may indicate that you violated Colorado's solid waste laws. Department personnel will review the facts established and this notice may be revised to include additions or clarifications as a result of that review. Please be aware that you are responsible for complying with the State solid waste regulations and that there are civil penalties for failing to do so. The issuance of this Compliance Advisory does not limit or preclude the Department from pursuing its enforcement options concerning this inspection including issuance of a Compliance Order and/or seeking an assessment of civil penalties. Also, this Compliance Advisory does not constitute a bar to enforcement action for conditions that are not addressed in this Compliance Advisory, or conditions found during future file reviews or inspections of your property. The Department will take into consideration your response to the requested actions listed below for each cited deficiency in its consideration of enforcement options. �s oes-- areo, 00 : /4 1_ p11),P S2/1 Messrs. Hasbrouck and Archer August 1, 2008 Page 2 of 2 Deficiency I. The facility is being operated as a solid waste disposal site and facility without a certificate of designation. Some of the solid waste present on the property is from sources other than the owner or operator, rendering the facility ineligible for the one's own waste exemption. The operator has brought a large amount of solid waste onto the property with the intent to initiate composting operations at this location. Thus,the solid waste disposal activity is in violation of Section 30-20-102 of the Act and Sections 1.3.3, 14.1.5(A)and 14.4.1 of the Regulations. Requested Action 1: The owner and/or operator of the facility should immediately cease acceptance of solid waste at the facility. Further all solid waste should be removed from the premises to a permitted disposal facility within 30 days of your receipt of this correspondence. Within 45 days,respond to the Division in writing documenting the status of the removal action,and provide disposal receipts and photographic documentation in support thereof. This removal request applies to all solid waste at the facility, including wood chips, blood waste, concrete and discarded furniture. Deficiency 2: The property is being operated as a solid waste disposal site and facility without financial assurance. This is in violation of Section 30-20-104.5 of the Act and Sections 1.8 and 14.3 of the Regulations. Requested Action: Same as Requested Action 1. To close out this Compliance Advisory, we encourage you to contact this office by August 15,2008 at the number listed below and, where necessary, schedule a meeting: A. To discuss the Compliance Advisory and answer any questions that you may have; B. To develop a schedule for correcting the deficiency noted above; or C. To submit information necessary to show that the deficiency is not a violation of Colorado's solid waste laws. A copy of the inspection report is enclosed with this Compliance Advisory. You may contact myself at 303.692.3455 or Charles Johnson at 303.692.3348 concerning the deficiency detailed under this Compliance Advisory and/or to set a meeting to discuss this Compliance Advisory. Sincerely,,' 4 t,P` Henderson Charles G.tdo son Solid Waste and Material Management Unit Solid Waste and Material Management Unit Leader Solid and Hazardous Waste Program Solid and Hazardous Waste Program Enclosure cc: Weld County Commissioners Mr.Trevor Juricek, Weld County Department of Public Health and Environment Ms. Ann Siron,Weld County Zoning Compliance Officer Mr. Troy Swain,Weld County Department of Public Health and Environment SW Tracking SOLID WASTE INSPECTION REPORT AGENCY: Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division FACILITY: Hasbrouck Holdings, LLC LOCATION: Southeast Corner of CR 43 N and CR 92, NW'/ El/3 of Section 22, T8N, R65W of the 6th PMWeld County, Colorado CONTACT: Toy Archer, Director of Operations, Double J Meat Packing Co. PHONE #: 970-371-6046 DATE: July 23, 2008 TIMES: 10:30-11:OOAM INSPECTORS: Chris Gathman, Weld County Department of Planning Services Jerry Henderson, Colorado Dept. of Public Health &Environment Aim Siron, Weld County Zoning Compliance Officer Troy Swain, Weld County Dept. of Public Health and Environment INSPECTION TYPE: Announced Background: Events relating to this inspection are as follows: • In June 2008, Weld County Department of Public Health and Environment (WCDPHE) conducted an inspection of the subject property, in response to a complaint alleging fly and odor nuisances caused by the dumping of blood waste. The inspection found that the property was being operated by Double J Meat Packing Co. as a solid waste disposal site and facility. • On June 30, 2008, WCDPHE sent the operator and the property owner, Hasbrouck Holdings LLC, notice of violations of the Solid Waste Disposal Sites and Facilities Act and the Weld County Code at the subject property. The Weld County Board of Commissioners has not issued a certificate of designation for the subject property. • On June 30, 2008, Weld County Department of Public Health and Environment (WCDPHE) requested the assistance of the Colorado Department of Public Health and Environment (CDPHE) Solid Waste and Material Management Unit in responding to the complaint. • On July 9 2008, CDPHE received a referral from Weld County Department of Planning Services for an application for certificate of designation for a proposed Class I composting operation at the subject property. • On July 17, 2008, the Weld County Department of Planning Services provided notice to the property owner and operator of violations of the Weld County Code. An emergency violation hearing was scheduled before the Board of County Commissioners for August 4, 2008. • On July 22, 2008, Jerry Henderson of CDPHE telephoned Mr. Archer requesting access to the subject property for purposes of conducting an inspection under the Solid Waste Act. Mr. Archer directs the composting activity at the subject property. Mr. Archer verbally granted access for the inspection to occur on the following day, but declined to be present during the inspection. • On July 23, 2008, CDPHE received a composting pilot project proposal from AgProfessionals, LLC for this property Inspection: 30-20-113(6) CRS provides for CDPHE representatives to inspect any property where solid waste is reasonably believed to be located. The purpose of the inspection was to determine the facility's compliance status with regard to the Solid Waste Disposal Sites and Facilities Act (the Act), 30-20-Part 1 CRS, and the Regulations Pertaining to Solid Waste Sites and Facilities (the Regulations), 6 CCR 1007-2 Part 1. Upon accessing the subject property, inspectors found three windrows consisting largely of solid waste in the form of wood chips, all oriented in a north-south direction. The westernmost windrow was 10-12 feet high, and extended for an estimated 1500-2000 feet. See Photo 1. [Mr. Archer confirmed by phone to CDPHE on 7/24/08 that this windrow was an attempt to consolidate several smaller windrows.] Despite little blood staining on the wood chips exposed at the surface of this windrow, flies were attracted to the area. The wood chips were contaminated with various other forms of solid waste including plastics, painted wood, foam, stryofoam, particle board and oriented strand board. The middle and east windrows were approximately 4 feet high. The middle windrow had a trough cut into it, and on the north end, wood chips at the surface of the trough were stained with blood. See Photos 2 and 3. [During the 7/24/08 phone call with CDPHE, Mr. Archer stated that the wood chips were sourced from City of Greeley, and that all alleged contaminants in the wood chips were compostable.] North of the windrows was a secondary disposal area containing primarily concrete along with some discarded furniture. See Photo 4. FINDINGS Based on the solid waste disposal activities observed during the inspection, the subject property is not in compliance with the Act or the Regulations. The following primary violations were observed. Solid Waste Inspection Report July 30, 2008 Hasbrouck Holdings LLC Page 2 of 3 1. The facility is being operated as a solid waste disposal site and facility without a certificate of designation issued by the Weld County Board of Commissioners. Not all of the solid waste present on the property is sourced from the owner or operator, rendering the facility ineligible for the one's own waste exemption. The operator has brought a large amount of solid waste onto the property with the intent to initiate composting operations at this location. Thus, the solid waste disposal activity is in violation of Section 30-20-102 of the Act and Sections 1.3.3, 14.1.5(A) and 14.4.1 of the Regulations. 2. The owner and/or operator of the property is operating a solid waste disposal site and facility without financial assurance. This is in violation of Section 30-20- 104.5 of the Act and Sections 1.8 and 14.3 of the Regulations. 3. There is a secondary disposal area located north of the windrows where concrete and furniture have been discarded. This activity is also in violation of Section 30- 20-102 of the Act and Sections 1.3.3 and 1.8 of the Regulations. SIGNATURE e derson Date Solid Waste Inspection Report July 30, 2008 Hasbrouck Holdings LLC Page 3 of 3 Colorado Department of Public Health and Environment Hasbroucke Holdings LLC Photographic Log Re: July 23, 2008 Inspection 4Z v• c.--.9 ,„,...- ,• ai j�„ { . 1 ytwar,. r:9�F"^•' . 4.01.40.....i . a'f�'-a...+`..r•. .....J..��.t.....►`... ...- -� ..-.- .r. -_ ry.... _ _- . .. ✓ �.,-.•�. .�.a.-`.•. ..• 4r-._.re .p s _. • _ 4*. . - - - - _ `r . r ... '.J.r .. -fig - • - - - Photo 1 : View to north of west windrow. ^ C .S.YS. Ya`ic b ]iv n. K. W : > rF. d"ki Y J e• 5c %n . •, •< (` t , .� mil'' °' a-' NF/J t`' -% _ i Y?ir � r ,L < r ti U� t •Xr } f ri-L1! 4• .1�f'J3�.• 11S'i!Z'ti.'}.Y�..� . j �1""�.� ;i1 `+� � tr r f - '� r1�.�Y�T % r .. r ' r yi '.J' -'- - ♦ z Y _ l at�'r7• 'qr! > f "+,> > , +ni a.t A'�—r�c•�^-c. Y J- r ��'r. q y• /iy4j Y N �i r Y ' v ,YG yti r,; r r Yy^te•M_aJ-�r{ t Y f' 3 r rim• r.F r ?4�3ss 'i° 't -r4+�^J�V'vJ , ti ) \. 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JT - \ � ✓� '� �• .'� �ti ,..- i ▪1.1 � 4 •-•tp } 7< f - 1 - f.. , "\ - .... yq ..--14z T ,—„ + i^i c rt ...r:i_'ti' • '• „ C:. f p s }+ J' 4 r - a r • <_ '• � "t i +� N u• oi 1 • \ � t J^i. 1 - may' Y' " i �`� '�4A Ttyt� 41�� ^'....r . 44" Z "1V/f r tee t. ,. . ,•r• •: - : :. . a104.4S-V".04—.,: ,.. ,. ` i - _ .k • r'.. �...... ° a}> �- jC"�f �: f . .`11 .r."art ;3- C#'\ .-•t Z .r 'c t i - /; ✓ ,9t� 1 cur": ''_ e•ri)171{i. ^f,.+ ♦ 1.•-••-•• } t s Photo 2: View to the south with the middle windrow in center of the frame. Note blood stain evident on the wood chips. . • • • �' ./ -• a v^••lYa�tSypn�IG.'P•-]f• �':«v i .�>4c: S --•—••.:4" M W .- -eti teri`.i :_ 'N..t. r - l S. P,v fit _ <i.'♦ , 4 iE •.1' { !. J� tr• v • ^ _Jr f.f ). < - . .. ,�,. I,�. 'a:•r+•s '�'svi'- ;y' - s� - �,. `fr • y• r>t s' ',< ec k r �+ ti'ITC a , .� .. \ . v. a.. .' ql} t pf v. - --.:6 I v.aIi�y. P ..- 'P` .« wts • • 'tt _ • �, - — - �� t -. � � °may _� f,i -� i. . /� r �¢t A t •I A, .e. 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'S Y 8e ar yF i • f •!S-d� fx Tip" j � it e A`b� ,A '�t , ::..;t-, �.^ ,d ..-11„:4,a `s3 .:t* i�`• y i.Tl 2 # • ;�: ' -�' A. r a. Icif t ...„:4..-4.4.*- }F _, .d x% ;!3°, a. - S'�• > t 1v 11.•{ y, i.`� g C.o. -�' LY r�drr `(� p... ill g.• .d 1 `y4f f t ) -''t M+ + l , itrw-�•[6 r3• '��a�•��`i1/4 {3r 1 ,r Photo 4: Secondary disposal area north of the windrows, view to the northeast. Hello