HomeMy WebLinkAbout20060389.tiff RESOLUTION
RE: APPROVE LETTER AGREEMENT FOR PILOT OPERATION OF AN
IN-VESSEL/DIGESTER COMPOSTING PROCESS AT THE Al ORGANICS RATTLER
RIDGE ORGANIC RECYCLING FACILITY, CURRENTLY PERMITTED UNDER USE
BY SPECIAL REVIEW PERMIT #1285 AND A CERTIFICATE OF DESIGNATION
FOR A SO LID WASTE DISPOSAL SITE AND COMPOSTING FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT, AND AUTHORIZE CHAIR TO SIGN -
LAMBLAND, INC., DBA A-1 ORGANICS
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,the Board has been presented with a Letter Agreement for a Pilot Operation of
an in-vessel/digester composting process at the A-1 Organics Rattler Ridge Organic Recycling
Facility between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,on behalf of the Department of Planning Services,and Lambland,
Inc., dba A-1 Organics, with terms and conditions being as stated in said Letter Agreement, and
WHEREAS,a hearing was held on January 30,2006,at9:00 a.m., at which time the Board
deemed it advisable continue said matter to February 6, 2006, at 9:00 a.m., and
WHEREAS,at said meeting on February6,2006,after review,the Board deems it advisable
to approve said Letter Agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Letter Agreement for a Pilot Operation of an in-vessel/digester
composting process at the A-1 Organics Rattler Ridge Organic Recycling Facility between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County,on behalf of the Department of Planning Services, and Lambland, Inc.,dba A-1 Organics,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Letter Agreement.
2006-0389
PL1443
CO PL, e.q A- 1 C3--cam-oo
RE: LETTER AGREEMENT - LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of February, A.D., 2006.
�*E Ells BOARD OF COUNTY COMMISSIONERS
�" �a%WELD COU s , COLORADO
•
ATTEST: Ley �/ ( '=4s7°1♦I��.._ AYE
' •'' . _ . ei e, hair
Weld County Clerk to the/
1 cl AYE
�•s,,�, ��� David E. Long, Pro-Tem
BY: •I1,V' '1 1/041 (t,
De ty CI to the Board) rjw` NAY
Wiliam H. Jerke \�
APP ED AS r t }� , (AYE)
cy Robe D. Masden
linty Attorney pt tS AYE
2I Z �� Glenn Vaad
I
Date of signature:
2006-0389
PL1443
ki
organics - .., ,.. , 7
Environmental Solutions • Economic Sense
February 2,2006
Commissioner M.J.Geile,Chair
Commissioner David E.Long, Pro-Tem
Commissioner William H.Jerke, Sent Via Fax 970-352-0242
Commissioner Robert D.Masden
Commissioner Glenn Vaad
Weld County Board of Commissioners
91510th Street
P.O.Box 758
Greeley,CO 80635-0758
Honorable Commissioners:
As follow-up to our meeting with you on January 3061,we provided Mike Guttersen and the Guttersen attorney with a copy of the
Letter Agreement that is before you for approval per your request. We also communicated that we are more than happy to meet
with them to show them the scope of the pilot and/or any other issue. This offer has been made numerous times in the past. We
are scheduled to meet with Art Guttersen and Gary Parish this Friday,February 3rd.
I also want to clarify that any pilot operation we test will only be done utilizing those materials that are approved per item 14 as
listed on the filed Mylar copy of our USR#1285 dated July 17,2001,which references the July 24,2000 submittal document that
lists the specific types and classifications of material that can be composted.
Hopefully you will find the following facts relevant as well:
• Since beginning operations on the facility in July of 2001,we have recycled via composting over 600,000 cubic yards
of feedstock and bulking agents and 21,000,000 gallons of liquids at the site. We have shipped in excess of 200,000
cubic yards of finished products from the site(composting reduces volume approximately 60%).
• During that time,we have had 22 inspections of the facility. One of the inspections indicated a fly issue. We
implemented corrective actions(very small fly wasps that destroy the fly larvae),which was successful. We followed
up with the County and verified that this process worked.
• We received one notice of odors in excess of permitted levels on March 1st,2004. A corrective action was taken and
documented. A copy was sent to the Guttersens.
• All other issues of concern or requests for correction were dealt with in a timely and responsible manner.
• We have never received any notice of concern,let alone a notice of violation regarding water issues at the facility. As
part of our operational plan,we conduct routine soil samples within the operating areas,as well as routine ground
water samples to insure compliance.The pilot submittal contains complete,engineered detail and design to insure
there would be no impact to water resulting from either its implementation or its operation.
Eaton Facility 16350 WCR 76 • Eaton,Colorado 80615 • Tel 970-454-3492 • 800-776-1644 • Fax:970-454-3232
Lost Antlers Facility 6569 Hwy.93 • Golden,Colorado 80403 • Tel 303-384-9232• Fax:303-384-9259
Rattler Ridge Facility 12002 WCR 69 • Keenesburg,Colorado
Weld County Board of Commissioners
February 2,2006
Page 2
• In an effort to be a good neighbor and corporate citizen,Al took an extra step of retaining a private consultant(Bob
Tardy)to conduct un-announced routine inspections of our facilities including Rattler Ridge. He was directed to report
site conditions,odor levels,and site compliance issues if found. To date,he has conducted 14 of these inspections at
the site.Reports were reviewed and any problems or concerns expressed by him were addressed.We also provided
the Guttersens with Bob's contact information so that he could conduct an immediate response evaluation if needed.
• To my knowledge,we have never received a complaint regarding odors from any of our adjacent neighbors who work
near the site daily,other than the Guttersens.
Our policy regarding odors is to constantly monitor the site by both in-house and independent observation. If a complaint or
observation is made,we audit the site to ascertain or identify the source and remediate it. We have effectively used bio-blankets
to mitigate odors on windrows in the past.
All of the information summarized in this document regarding compliance and response to requests is public record.
We have 32 years of documented success and are recognized by our peers,and the vast majority of those we contact and do
business with view us as not only a leader in the industry,but a standard setter.
My business must deal with hurdles and challenges. Al is no different,but I believe that we have provided a strong history of
dealing with these challenges in a successful manner.SurrwQs is a joumey-not a destination,so we will continue to address
any issue presented us.
Of course,we regret the Guttersens'opinion that we are non-responsive to their concerns.We will continue to make ourselves
available to the Guttersens. If odors on our facilities exist and the sources are identified,we will continue to act to mitigate them.
If the techniques we have used in the past are not effective,we will seek other solutions,such as those contained in the pilot
proposal.
Finally,it should be noted that there is no reason to believe that the proposed pilot operations will cause any violation of the
permit for the facility.We continue to seek ways and new technologies to improve our day-to-day operations,and believe the
proposed pilot activities will help keep our practices at the forefront of the industry as a leader in our industry.
Thank you for your consideration.
Respectfully,
Bob Yost
Vice President,
New Business Development
Cc: Chuck Wilson
Trevor Jiricek
Lee Morrison
Kim Ogle
Kim Ogle
Weld County Planning Department
January 10,2006
Page 3
The above and foregoing Letter Agreement was approved on the 6th day of February , 2006.
BOARD OF COUNTY COMMISSIONERS
/I ���� WELELLDD�'/COUN , COLORADO
ATTEST: �6� t '���'v"G //1�
eile, Chair
Weld County Clerk to the Board - 2/6/2006
BY: ILA ' 1 stn? at UI86I ,
D: 'uty Clerk to the Board L tWb
-cu -0389
COUNTY COMMISSIONER MEETING
FEBRUARY 6, 2006
• GUTTERSEN FAMILY HAS SECURED A LOT OF
INFORMATION ABOUT A-1 DURING PAST WEEK
• WE MET WITH A-1 AND THEIR PARTNERS ON FRIDAY
AND HAD FRANK EXCHANGES OF INFORMATION AND
CONCERNS
• WITH RESPECT TO FUTURE OPERATIONS, INCLUDING
THE IN-VESSEL ANAEROBIC DIGESTER PILOT PROJECT,
A-1 CONTENDS THAT, IF SUCCESSFUL, IT SHOULD GO A
LONG WAY TOWARD ELIMINATING THE GUTTERSEN
FAMILY'S ODOR CONCERNS
• SINCE THE GU ITERSEN FAMILY HAS NO ABILITY TO
ASSESS THIS CLAIM, THEY HOPE THAT ANY FUTURE
OPERATIONS WILL BE CONDUCTED IN A MANNER
WHICH AVOIDS THE CURRENT UNACCEPTABLE
SITUATION. IF THERE IS NOT MARKED IMPROVEMENT,
THE FAMILY INTENDS TO BE BACK IN THIS AND OTHER
FORUMS TO ADDRESS THEIR SITUATION.
• WITH RESPECT TO CURRENT AND ON-GOING ODOR AND
NUISANCE PROBLEMS, A-1 HAS AGREED TO CONSIDER
SEVERAL APPROACHES. THE GUTTERSENS HAVE
AGREED TO EXPLORE AND PROPOSE ADDITIONAL
IDEAS AND TO NOTIFY A-1 PERSONNEL WHO LIVE
NEARBY TO ASSIST A-1 IN THEIR EFFORTS TO PINPOINT
AND CORRECT THE SOURCE OF ODOR COMPLAINTS.
SPECIFICALLY:
• A-1 WILL INVESTIGATE THE USE OF AUTOMATIC
ODOR MONITORS. THESE MONITORS COULD ADD
TO A DATA BASE OF FACTORS WHICH MAY HELP
TO PINPOINT SITUATIONS WHICH TEND TO LEAD
TO ODOR COMPLAINTS
❖ A-1 HAS AN ON-SITE METEOROLOGICAL STATION.
IT IS BELIEVED THAT INVERSION CONDITIONS
ARE LIKELY A CAUSE OF MANY ODOR
COMPLAINTS. A-1 WILL CONSIDER AND SHARE
WITH THEIR NEIGHBORS THE TYPES OF
METEOROLOGICAL CONDITIONS ASSOCIATED
WITH ODOR COMPLAINTS, METHODS OF
FORECASTING AND IDENTIFYING SUCH
METEOROLOGICAL CONDITIONS AND BEST
MANAGEMENT PRACTICES WHICH THEY WILL
INSTITUTE TO AMELIORATE OFF-SITE IMPACTS
DURING SUCH CONDITIONS.
❖ A-1 WILL ANALYZE AND SHARE WITH THE
GUTTERSENS AND OTHER NEIGHBORS WHETHER
IMPROVEMENTS SUCH AS TREE BREAKS, A BURM
ACROSS IHE GULCH LEADING TO THE
GU U1'LRSEN RANCH, FANS OR OTHER
TECHNOLOGIES OR PRACTICES SHOULD BE
IMPLEMENTED.
❖ IF THE PILOT PROJECT PROCEEDS, A-1 WILL
MONITOR AIR EMISSIONS FROM THAT PROCESS
AND WILL GATHER DATA AND INFORMATION TO
ASSESS WHETHER THE USE OF IN-VESSEL
ANAEROBIC PROCESSES WILL IMPROVE OR
WORSEN OFF-SITE ODOR IMPACTS.
❖ A-1 PERSONNEL LIVING IN THE VICINITY WILL
IMMEDIATELY INVESTIGATE CALLS FROM THE
GUTTERSENS (OR OTHER NEIGHBORS) WHEN
THEY CALL WITH ODOR COMPLAINTS.
SUMMARY
THE GUTTERSEN FAMILY HAS NOT BEEN HAPPY WITH THEIR
RELATIVELY NEW NEIGHBOR PAST EFFORTS HAVE NOT
RESULTED IN ANY APPRECIABLE IMPROVEMENT IN THE
UNACCEPTABLE SITUATION WHICH HAS BEEN VISITED UPON
THEM. AS A RESULT THEY HAVE, AMONG OTHER THINGS,
BROUGHT THIS MATTER TO YOUR A ITENTION BECAUSE A-1
IS BEFORE THE BOARD OF COMMISSIONERS. ALTHOUGH
THE SPECIFIC ACTION BEFORE THE BOARD IS A
RELATIVELY MINOR ADMINISTRATIVE MATTER IN ONE
SENSE, THE SITUATION FROM THE PERSPECTIVE OF THE
GUTTERSEN FAMILY IS NOT MINOR IN ANY WAY. THE
GUTTERSEN FAMILY HAS MET WITH A-1 AM) ITS NEW
PARTNERS AND VENTURERS. THE GUTTERSENS HAVE BEEN
TOLD THAT THINGS WILL GET BETTER. A-i HAS AGREED TO
HAVE BETTER COMMUNICATIONS WITH THE GUTTERSENS
AND TO CONSIDER AND IMPLEMENT MERITORIOUS IDEAS
TO ADDRESS THE ODOR COMPLAINTS. WE EXPECT A-1 TO
DO A MUCH BETTER JOB IN THE FUTURE THAN IT HAS IN
THE PAST AND TO BECOME A GOOD NEIGHBOR. THE
GUTTERSENS WILL COOPERATE, BUT MORE IMPORTANTLY,
THEY WILL MONITOR AND DEMAND STEADY
IMPROVEMENTS. THE FAMILY WANTED THE COUNTY
COMMISSIONERS TO UNDERSTAND AND APPRECIATE THEIR
SITUATION. THE COMMISSIONERS ARE NOW AWARE OF THE
SITUATION AND 1'HL TYPES OF STEPS WHICH A-1 WILL TAKE.
OBVIOUSLY, IF THERE IS NO SIGNIFICANT IMPROVEMENT,
THE GUTTERSENS INTEND TO KEEP YOU INFORMED.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
- 4`".
I II
gr9ani s
Environmental Solutions • Economic Sense
•
January 10,2006
Kim Ogle
Weld County Planning Department
1555 N 17th Ave.
Greeley,CO 80631
Dear Mr. Ogle:
I am writing to request an early release of a building permits for the construction of a pilot in-vessel/digester
composting process to be built at Al Organics Rattler Ridge Organic Recycling Facility(CD/USR 1285).
The pilot project will be used to evaluate the feasibility and applicability of this or similar digester systems at this site.
The project will take approximately 8 months to complete. State regulations for pilot operations of this type allow for
12 months.We estimate 90-120 days for construction and 90-120 days of evaluation of the process. Please note that
items outside of our control such as weather and/or building material availability may effect the construction time
requirement.
The technical specifications,design,and operating criteria for the pilot operation have previously been submitted to
you. Qualifications of the entity responsible to oversee construction/placement of the digester(Prairie Weld LLC)are
included in that submittal. I have also attached information pertaining to the firm who will actually oversee operations
of the system;Environmental Management Corporation(EMC)who has managed over 231 million dollars in capital
projects.
In consideration of approval to build and operate the pilot plant,Al Organics and Prairie Weld agree to the following
conditions:
1. County acknowledges that Al has an existing USR and Certificate of Designation on the site designated for
the pilot and that the pilot is intended to provide operational information needed to determine and/or
evaluate the feasibility and applicability of this or similar types of in-vessel composting/digester systems in
accordance with the existing USR and Certificate of Designation.
2. Al shall submit to the County a final and complete USR Amendment application if applicable,on or before
the 8th month anniversary of the beginning of construction of the pilot at the site. Since the construction
activities include erection of buildings and placement of concrete,consideration for extension of a submittal
date(if applicable)due to documented delays encountered from items outside the control of Al Organics
will be given.
Eaton Facility 16350 WCR 76 • Eaton,Colorado 80615 • Tel 970-454-3492 •800-776-1644 •Fax:970-45- 2006-0389
Lost Antlers Facility 6569 Ilwy.93 • Golden,Colorado 80403 • Tel 303-384-9232 •Fax. 303-384-922
Rattler Ridge Facility 12002 WCR 59 • Keenesburg,Colorado 80643
_ hL 0443
Kim Ogle
Weld County Planning Department
January 10,29O6
Page 2
3. Al Organics shall supply to Weld County a performance guarantee bond in the amount of$30,000.00
("Guarantee Bond")or Cash Deposit.
4. Said Guarantee Bond shall be used by the County pending final resolution regarding determination of the
applicability of an amendment application to our existing USR.
5. If the County agrees to the applicability of the system under our existing USR operational plan,or to the
amendment to our existing USR for construction of a full scale plant or similar plant,the Guarantee Bond
shall be returned to Al Organics within ten(10)days of the recording of the agreement,amendment or
similar instrument in accordance with County procedures and requirements.
6. In the event the pilot is not successful, approval to construct under the existing USR is not granted,or an
amendment to the USR is not approved,then Al Organics shall have six(6)months after final action to
remediate the site area to a configuration consistent with our current USR provisions. Buildings and/or
structures will be allowed to remain on the site as allowed under current USR provisions.
7. In the event that Al Organics has not remediated the property to its existing and/or approved condition
within said six(6)month period, County then has the right to remediate the site and restore the property to
its existing or approved condition with all appropriate and reasonable costs and expenses thereof to be paid
by Al Organics. County shall have the right to use the Guarantee Bond for such remediation and
restoration and return excess funds,in any,to Al Organics. In the event the funds are not adequate for the
remediation and restoration("Deficiency"),Al Organics shall remain responsible for payment to County of
the additional costs as well as any other reasonable expenses and costs including attorney fees incurred by
County to collect such Deficiency.
8. Al Organics understands and accepts all risks associated with construction of the pilot operation, as there is
no implied or expressed covenant,warranty or guarantee that, if applicable,an amendment to Al's existing
USR will be approved by the County,or the county will agree to allow construction of the in-vessel system
under our existing,USR.
9. Upon presentation of the Guarantee Bond by Al Organics,the early issuance and release of the requested
building permits is authorized without prejudice to the rights of County.
10. The agreement shall be binding upon the parties and their successors and assigns.
If you have any questions or need of further information please do not hesitate to call or email me. Thank you for
your assistance in this matter.
Sincere)
Bob Yost
Vice President
New Business Development.
cc: Lee D. Morrison,Asst Weld County Al y
Trevor Jiricek,Weld County Department of Public Health and Environment
Chuck Wilson, President Al Organics
James Muzzy, Prairie Weld LLC
Jan. 10. 2006' 3:53PM" Te'A-1 Organics 3036528933 No. 3335 P. 2
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Executive Summary,
Environmental Man4gement Corporation (EMC)is pleased to
present our proposal for project management (PM) and Phase 1
operation and maintenance services for the Prairie Weld LLC
•
renewable resource project in Weld'Couaty,Colorado_ •
EMC will manage the design and construction of the Prairie Weld
project. EMC will then manage, operate and maintain the Prairie
Weld facility during pilot testing and full-scale operation.
Experlanc.s and Capabilities
EMC has the experience, expertise and proven petfonirance to
ensure that the Prairie Weld project successfully produces methane
gas and soil amendments. For 25 years,EMC's team of over 500
treatment professionals has bees delivering exceptional results,using
the best technology and operating practices for our customers. EMC
currently manages over 70 water, wastewater and utility systems.
Our customers include Swift&Co., Perdue Farms and Dairy
Farmers of America. EMC has successfully managed the design,
construction, startup and operation of over$231 million in capital
projects.
Vaius of Partnssr'itsg with IE
As PM for the Prairie Weld project,EMC will lead the design and
From project construction in parmership with Prairie Weld. This ensures a
commercialization seamless transition between construcon and operations, reducing
through lonrterm Prairie Weld's startup risk. It also places full accountability or.EMC
operation, for efficiently producing methane gas and soil■mendments%fertiliz rs
EMC will be during startup and throughout the life of the project.
100 percent
accountable for During Phase 1, Prairie Weld and EMC will work together to
results. validate full-scale operational and maintenance requirements for
long term operations at Prairie Weld. We will also validate
performance criteria for commcrcial methane production,water
reuse quality and amendment/fertilizer quality. These criteria will be
used to establish FMC's operational accountabilities at Prairie Weld.
EMC's experience and our ability to guarantee production
performance will reduce project risk for Prairie Weld.
•
•
'.'•�'`'y?;� <:-'.12.:61 /'32,. :5 '`t iA act•. .
? .
Psorserair MD nannant5L I -
'Jan. 10. 2006' 3:54PM" 10A-1 Organics 3036628933 No, 3335 P. 3
•
r .;
IPartnering with EMC
•
i 'Jnsoarrc's;si tt is the Best Sa atiop
Sy OnsourcineM with EMC,Prairie Weld will be able to shorten
project development time and bring the Prairie Weld project on-line
faster so it will generate revenue. E.MC's technical and operational
knowledge will help shorten development tithe of the new advanced
anaerobic digester systems(MDS), and ensure that they can be
Partnering withoperated efficiently. More important-,Prairie Weld will be able to
ZMC will help supply Duke Energy Field Services and Al Organics with
Prairie Weldcommercial methane end soil amendment products as contracted.
ducressfi:lfy mar OasourcittgSM is FMC's term for on-cite partnerships that include
the prolecs a EMC'a commitment to delivering value through capital project
production and management and long-term operation and maintenance.
financial goal,
OnsourcingsM with EMC reduces project risk. By partnering with
EMC,Prairie Weld will receive technical,commercial end j
' operational expertise that will greatly reduce design, construction I
and long-term operating risks. As project manager,EMC will ,
provide Prairie Weld with a single point of accountability from
project design though long-term operation. II
EMC's services will benefit Prairie Weld at three levels; strategic,
operational,and financial. .I
SaTadepx.,
I
EMC has the knowledge and e
g experience required to complete the
development of the Prairie Weld project so a full-scale pilot can be
properly tested and the full commercial build-out can be completed.
By managing the commercial development, design and construction
of this project,EMC will deliver the project on-time and will take
responsibility for its long-term operational performance,regulatory
compliance and financial performance. 1
•
H
Strategically,partnering with EMC increases the success of the
Prairie Weld project.
Operational
ional
Managing the design,contraction and operation of water,
wastewater and utility systems is BMC's core business. Our
wastewater experience Includes anaerobic reactors (high and low
rate),aeration,aerobic sludge digesters,sequencing batch reactors,
•ra rim _ •:aggy,�i'R•,�'2,G,1y ..??tlY
PRo$NrARY AND CONPID WTUL 3 �••
JJan. 10. 2006n 3:55PMH TsA-1 Organics 3035528933 No, 3335 P. 4
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dissolved air flotation,nitrification and denitrifrcation, disinfection,
• sludge thickening,phosphorous removal,and sludge dewatering
including centrifuges. •
BMC's operational experience will ensure that the AAD$ or other
commercial digesters perform as expected and deliver the quantity
and quality of methane gas needed for the Prairie Weld project to be
a success.
EMC will implement our proven programs for safety, training and
preventive maintenance. EMC will provide Prairie Weld with
extensive information about digester performance. This operational
data will help Prairie Weld optimize the AADS or other commercial
digester technology and maximize the long-term success of Prairie
Weld and other future projects.
, I
Financial
EMC has a proven track record of optimizing systems and improving
efficiency to save our customers money. EMC's operational
. experience will help Prairie Weld deliver on its finandal
commitments fcr the project. By providing known,predictable
operating costs, EMC will reduce operational risk and stabilize
operating costs at Prairie Weld for the duration of our partnership.
ifnowle4je and Exper3enr.e
EMC has provided water,wastewater and utility settees to
industrial and municipal customers for 25 years. EMC and our
parent company,The BOC Group,operate and maintain water,
EMC has managed Wastewater and associated utility systems for customers across the
over$231 million United Stares and around the world. Our customers include Swift Sr
In capital projects. I Co.,Perdue Parma, Dairy Fanners of America and other companies
in the food,beverage,petroleum and chemieal industries. Our
services for industrial customers include managing and operating
systems for water and wastewater treatment,gas recovery,water
reuse, steam and cooling. BOC has more than 100 years of technics,
expertise in treatment processes and the operation of world-class
manufacturing and distribution systerrrs. BOC employs 43,000
people and had over$8 billion in revenues in 2004.
EMC's Prairie Weld project team has experience developing:
• designing and operating organic waste-to-energy facilities and
wastewater energy facilities. A summary of our team's technical and
operational experience can be found in Appendix A. Ep,.zir ��YY.• JrJw M1� 1.. e A
� 3.'�.'S ? �'OTi'e�-r.• rt,.fL��'u M1r�F.—C. "'0.S::�''�'. cY. � � �.�� .�
PRO,JZART AND CONFIDENTIAL 4
NOTICE
Pursuant to the laws of the State of Colorado and the Weld County Code, a public meeting
will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,Weld
County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time
specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing,at least five days
prior to the meeting. The cost of engaging a court reporter shall be borne by the requesting party.
In accordance with the Americans with Disabilities Act, if special accommodations are required in
order for you to participate in this hearing, please contact the Clerk to the Board's Office at(970) 336-
7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado
80631. E-Mail messages sent to an individual Commissioner may not be included in the case file.
To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
DATE: January 30, 2006
TIME: 9:00 a.m.
APPLICANT:
Lambland, Inc.
dba A-1 Organics
16350 Weld County Road 76
Eaton, Colorado 80615
REQUEST: Consider Letter Agreement for Pilot Operation of an in-vessel/digester composting
process at the Al Organics Rattler Ridge Organic Recycling Facility currently permitted under Use
by Special Review Permit#1285 and a Certificate of Designation for a Solid Waste Disposal Site and
Composting Facility in the A (Agricultural) Zone District
LEGAL DESCRIPTION: Part of Section 36, Township 3 North, Range 64 West of the 6th P.M.,Weld
County, Colorado
LOCATION:Adjacent to the Coors Energy Site on a private road, approximately four miles north of
1-76, and five miles from the Town of Keenesburg (See Legal Description for precise location.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: January 19, 2006
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the
following property owners.
DATED this 19th day of January, 2006.
LAMBLAND INC
DBA A-1 ORGANICS
ATTN: BOB YOST
16350 WELD COUNTY ROAD 76
EATON CO 80615
A-1 ORGANICS
12002 WELD COUNTY ROAD 59
KEENESBURG CO 80643
PIONEER COMMUNITIES LLC
ATTN: CHRISTOPHER PAULSON
HP FARMS LLC
9145 EAST KENYON AVENUE SUITE
200
DENVER CO 80237
COORS ENERGY COMPANY
PO BOX 467
GOLDEN CO 80402
GUTTERSEN RANCHES LLC
PO BOX 528
KERSEY CO 80644
WASTE MANAGEMENT OF
COLORADO
PO BOX 1450
CHICAGO IL 60605-1450
Deputy Clerk to the Board
AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 1
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 121536000001
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the
property being considered. This list was compiled utilizing the records of the Weld County Assessor
available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been
modified from the original. The list compiled from the records of the Weld County Assessor was
assembled within thirty days of the application's submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel# 121536000001
NAME MAILING ADDRESS PARCEL IDENTIFICATION
PO BOX 467
COORS ENERGY CO 121536000002
GOLDEN,CO 80402
PO BOX 528
GUTTERSEN RANCHES LLC 121731200004
KERSEY,CO 80644
PO BOX 528
GUTTERSEN RANCHES LLC 130306000001
KERSEY,CO 80644
P O BOX 528
GUTTERSEN RANCHES LLC 130501000005
ICERSEY,CO 80644
P O BOX 1450
WASTE MANAGEMENT OF 130502000001
COLORADO CHICAGO,IL 60605-
1450
P O BOX 1450
WASTE MANAGEMENT OF 121535000008
COLORADO CHICAGO,IL 60605-
1450
P O BOX 1450
WASTE MANAGEMENT OF 121535000009
COLORADO CHICAGO,IL 60605-
1450
file://C:\W INNT\Temp\Temporary%20Intemet%20Files\OLK20D\AFFIDAVIT%20OF%... 1/18/2006
Adim) Sacramento Recycling
& Transfer Station
VIA FACSIMILE (970) 352-0242 & FedEx Overnight:
February 3, 2006
Mr. William H Jerke
Chairman
Weld County Board of Commissioners
Post Office Box 758
Greeley, CO 80632-0758
Dear Mr. Chairman and Honorable Commissioners:
I am writing to you today at the request of my family members living on the family cattle
ranch near Keenesburg. I spent most of my childhood years growing up and working on
the Guttersen Ranch until leaving for other employment after college in 1990. I am now
employed as a Partner in one of California's niche solid waste management and recycling
companies located in Sacramento, Fremont and Burbank, California.
Each year I bring my wife and two children back to the family ranch for our Christmas
and 4`h of July vacations. Two years ago while on one of our visits to Colorado it was
evident that something was being mismanaged at the nearby A-1 compost facility.
Therefore, I inquired about the odor that was surrounding my Brother Art's house in the
evenings and early mornings. Since a daily part of my company's facilities operations
includes processing and shipping of residential and commercial yard and green waste it
was abundantly clear to me what was happening to the A-1 compost piles. Or shall I say
what was not happening to their compost piles? Clearly, the A-1 compost piles are going
anaerobic because they are not being turned quickly/frequently enough or the other
animal waste materials they are receiving are not suitable for old fashion composting
practices.
Since that that time, I have discussed this serious but very sensitive issue on a regular
basis with Art on how best to proceed. I know Art and his consultant have tried to reach
out to the owners/operators of the compost facility regarding the continued
mismanagement of the operation. Unfortunately, it appears the facility has continued to
grow beyond a once manageable operation and is now requesting an expansion that will
likely turn into long term storage yard for unmarketable compost.
C 1✓ UI'�Y Uvt((a t1`'r',j 8491 FRUITRIDGE ROAD • SACRAMENTO, CA 95826 • 916-379-0500 • FAX: 379-0501
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In my industry, this is a very common problem among large rural compost facilities. It
usually ends with a bankrupt facility overrun with rotting organic materials dumped on it
by people or businesses only too happy to get rid of their problem waste. This is the last
thing anyone wants, or should have to deal with, in Weld County.
In that light, I should try to be brief and conclude with a short but very true story. Both
of my children have grown up spending Saturday's with me at work in one of the transfer
(garbage) stations riding the equipment, wheel loaders, skid-loaders, forklifts, etc. They
rarely ever complain of the smell because they have been exposed to it on a frequent
basis. However, this past December during our Christmas vacation Art was spending
time on the ranch with my two children of the ages 5 and 8, respectively. When Art
opened the pick-up door to check on of the water tanks near his home both of my
children covered their noises with their coats and started the "yuck's", "ahh's" and
"oozes", and "what stinks uncle Art"? "What is that"? Each and every evening my
family visited Art's home during our vacation as soon as the ambient temperature fell
after sunset, the odor, which I would characterize as a sharp ammonia along with the rot
of dead animals, would set in until the next days'temperature would rise or the wind rose
would shift into another direction. So even though I and my family are used to normal
odors associated with this type of facility, what A-1 is imposing on my relatives on a very
frequent basis is neither normal nor necessary if A-1 was managing its business properly.
I want to thank each of you for your time and consideration to this very important matter
and request that you deny any expansion or further activities that lead to additional odors
impacting the surrounding properties.
Respectfully
Shas#h Guttersen
Cc.: Commissioner MJ Geile
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
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January 5, 2006
Kim Ogle
Weld County Planning Department
1555 N 17th Ave.
Greeley, CO 80631
Dear Mr. Ogle,
I am writing to request an early release of a building permit for the construction of a pilot
in-vessel/digester composting process to be built at Al Organics Rattler Ridge Organic
Recycling Facility (CD/USR 1285).
The pilot project will be used to evaluate the feasibility and applicability of this or similar
digester systems at this site. The project will take approximately 8 months to complete.
State regulations for pilot operations of this type allow for 12 months. We estimate 90-
120 days for construction and 90-120 days of evaluation of the process. Please note that
items outside of our control such as weather and or building material availability may
effect the construction time requirement.
The technical specifications, design, and operating criteria for the pilot operation have
previously been submitted to you. Qualifications of the entity responsible to oversee
construction/placement of the digester (Prairie Weld LLC) are included in that submittal.
I have also attached information pertaining to the firm who will actually oversee
operations of the system; Environmental Management Corporation (EMC) who's
corporate office is located in O'Fallon, Missouri.
In consideration of approval to build and operate the pilot plant, Al Organics and Prairie
Weld agree to the following conditions:
1. County acknowledges that Al has an existing USR and Certificate of Designation
on the site designated for the pilot and that the pilot is intended to provide
operational information needed to determine and or evaluate the feasibility and
applicability of this type of in-vessel system in accordance with the existing USR
and Certificate of Designation.
2. Al shall submit to the County a final and complete USR Amendment application
if applicable, on or before the 8`h month anniversary of the beginning of
construction of the pilot at the site. Since the construction activities include
erection of a building and placement of concrete, consideration for extension of a
submittal date (if applicable) due to documented delays encountered from items
outside the control of Al Organics will be given.
3. Al Organics shall supply to Weld County a performance guarantee bond in the
amount of$10,000.00 ("Guarantee Bond") or Cash Deposit.
4. Said Guarantee Bond shall be used by the County pending final resolution
regarding determination of the applicability of an amendment application to our
existing USR.
5. If the County agrees to the applicability of the system under our existing USR
operational plan, or to the amendment to our existing USR for construction of a
full scale plant or similar plant, the Guarantee Bond shall be returned to Al
Organics within ten (10) days of the recording of the agreement, amendment or
similar instrument in accordance with County procedures and requirements.
6. In the event the pilot is not successful, approval to construct under the existing
USR is not granted, or an amendment to the USR is not approved, then Al
Organics shall have six (6) months after final action to remediate the site area to a
configuration consistent with our current USR provisions. Buildings and or
structures will be allowed to remain on the site as allowed under current USR
provisions.
7. In the event that Al Organics has not remediated the property to its existing and
or approved condition within said six (6) month period, County then has the right
to remediate the site and restore the property to its existing or approved condition
with all appropriate and reasonable costs and expenses thereof to be paid by Al
Organics. County shall have the right to use the Guarantee Bond for such
remediation and restoration and return excess funds, in any, to Al Organics. In
the event the funds are not adequate for the remediation and restoration
("Deficiency"), Al Organics shall remain responsible for payment to County of
the additional costs as well as any other reasonable expenses and costs including
attorney fees incurred by County to collect such Deficiency.
8. Al Organics understands and accepts all risks associated with construction of the
pilot operation, as there is no implied or expressed covenant, warranty or
guarantee that, if applicable, an amendment to Al's existing USR will be
approved by the County, or the county will agree to allow construction of the in-
vessel system under our existing USR.
9. Upon presentation of the Guarantee Bond by Al Organics, the early issuance and
release of the requested building permit is authorized without prejudice to the
rights of County.
10. The agreement shall be binding upon the parties and their successors and assigns.
If you have any questions or need of further information please do not hesitate to call or
email me. Thank you for your assistance in this matter.
Sincerely,
Bob Yost
Vice President
New Business Development.
Cc: Lee Morris D. Morrison, Asst Weld County Atty
Trevor Jiricek, Weld County Department of Public Health and Environment
Chuck Wilson, President Al Organics
James Muzzy, Prairie Weld LLC
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