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Home My WebLink About900184.tiff RESOLUTION RE: APPROVE AGREEMENTS WITH NATIONAL HOG FARMS, INC. , AND AUTHORIZE CHAIRMAN TO SIGN 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 three Agreements between the County of Weld, the Weld County Health Department, and National Hog Farms, Inc. , and WHEREAS, said Agreements concern water quality, environmental issues, and performance guarantees, with the terms and conditions being as stated in the Agreements, copies of which are attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve said Agreements . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the three Agreements between Weld County, the Weld County Health Department, and National Hog Farms, Inc. , be and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of February, A.D. , 1990 . `1770 y — -tb BOARD OF COUNTY COMMISSIONERS ATTEST: ww n/ WELD NTY,, COLORADO Weld County Clerk and Recorder ,( and Clerk to the Board ene R. Bran er, Chairman BY: b1it wt.„_--' jt /L tt) Ge ge ennedy, Pro=TL�m eputy County rk APPROVED AS TO FORM: / ) onstance L. Har ert C.W. Kir y County Attorney / _ Gord a a } .. ✓ 900184 AGREEMENT THIS AGREEMENT is entered into this 21st day of _ February , 1990, by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD and the WELD COUNTY HEALTH DEPARTMENT (collectively referred to in this Agreement as "Weld County") and NATIONAL HOG FARMS, INC. ("National") . In exchange for the consideration provided herein, the parties hereto covenant and agree as follows: I . PURPOSE AND SCOPE A. The purpose and scope of this Agreement are to address general environmental issues relating to the development and operation of a 192, 000 head swine production and feeding facility (the "Facility") located on lands which are described in Appendix A to this Agreement. Any minor variation in the description of the property from that actually owned by National Farms shall not affect the terms of this Agreement. The parties recognize that certain changes in the boundary of the property can be anticipated during the term of the Agreement, and agree that this Agreement shall not affect the ability of National to convey portions of the property so long as National complies with the requirements of Paragraph VIII of this Agreement. B. This Agreement is intended to ensure that the Facility, which was planned and developed by National in consultation with Weld County, will be operated in a manner which will prevent or minimize adverse environmental impacts which might otherwise result from the operation of the Facility. This Agreement is intended to prevent or minimize adverse environmental impacts to air quality (including specifically impacts from odor and fugitive dust) which might otherwise result from the operation of the Facility, and to control insect pests and animal pathogens. Further, the Agreement is intended to establish monitoring requirements and procedures for remedying any violations of this Agreement. The parties recognize that a purpose of this Agreement is to provide National with a greater measure of certainty with respect to what will be required with respect to the development and operation of the Facility. This Agreement does not address or extend to water quality or quantity issues which may be presented by the operation of the facility. II. RELATIONSHIP TO REGULATIONS A. This Agreement does not affect the application or enforcement of other laws or regulations which may be otherwise and independently applicable, including without limitation all or -1- 900184 a portion of the Weld County Building Code, the Feedlot Containment Guidelines of the State of Colorado, air quality regulations of the State of Colorado, Solid Waste Disposal Sites and Facilities Act and the Weld County Zoning Ordinance. In the event of a conflict between this Agreement and any otherwise applicable portions of those regulations, the more stringent provisions shall apply. The parties recognize that a purpose of this Agreement is to provide National with a greater measure of certainty with respect to what will be required with respect to the operation of the Facility. B. National recognizes that this Agreement may obligate National to operate in a manner which is not, at the time of execution of this Agreement, required by otherwise applicable State, Federal, or County regulations. Nonetheless, National agrees to abide by the terms of this Agreement. III. GENERAL DESCRIPTION OF THE OPERATION The primary environmental impact associated with the Facility is the generation of large volumes of hog manure. The manure is collected by means of a flush system under the swine buildings and run through a screening facility to remove portions of the solid components of the effluent. The solids will be applied to land as fertilizer and as a soil conditioner. The remaining liquid portions will then be processed through aeration and volatilization facilities prior to the distribution of the liquid onto grassland or cropland by means of center pivot irrigation systems. The exact location of or any changes in the location for those facilities shall be subject to approval by the Weld County Health Department. During certain periods of the year, when distribution by center pivot is not feasible due to climatic conditions, certain areas may be designated, subject to the approval of the Weld County Health Department, for use as emergency flood basins. The time and manner of use of the emergency flood basins shall be subject to the approval of Weld County. IV. PERFORMANCE STANDARDS A. General Performance Standards. The Facility shall be operated in a manner which will prevent or minimize adverse and material environmental impacts to air and land. B. Handling of Liquid Wastes. The manure handling and disposal operation shall be continuously monitored by National and shall be controlled so as to avoid excessive surface ponding of liquid waste. Not more than . 35 inches of water containing effluent shall be applied to any one center pivot in any 5 day period. -2- 9CO184 C. Operations. The removal, handling, and disposal of animal wastes, dead animals, or other materials resulting from the operation of the Facility shall comply with applicable laws and regulations, and shall also equal or exceed the prevailing practices of comparable livestock confinement facilities. It is the intent of this Agreement that National shall operate and maintain the Facility in a reasonable manner which avoids or minimizes, to the extent economically feasible, unreasonable or adverse impacts resulting from excessive odors, flies, vector- borne pathogens, insect pests, or pollutant accumulations. D. Odor. Odor level shall be controlled on-site by the best practicable treatment, maintenance and control technology then reasonably and currently available in order to maintain the lowest possible emission of odorous gases consistent with the proposed manner of operation. Odors resulting from the operation of the Facility, as measured at the property line of National 's property shall not be detectable at any level of less than a dilution of 127 volumes of odor-free air to one volume of sample. The measurement shall be taken by a person certified for evaluating odors using a Barnaby-Cheney sentometer or equivalent approved equipment according to the procedures established by the Colorado State Health Department. E. Solid Waste. Solid waste shall be stored, handled and disposed of in accordance with otherwise applicable provisions of the Solid Waste Disposal Sites and Facilities Act. V. PEST MANAGEMENT AND DISPOSAL OF DEAD ANIMALS All dead animals shall, immediately upon discovery, be placed into a refrigerated truck or other suitable facility used solely for the temporary storage of dead animals prior to their removal from the Facility. The facility shall be constructed so as to limit access to the carcasses by flies or other pests and in order to avoid passage of pathogens by means of avian or insect vectors. The dead animals shall be removed from the Facility at least twice weekly in a truck or trailer. The Facility, including the dead animal storage building, shall be treated with spray or bait in order to minimize flies, other insects, and animal pests. VI. ACCESS TO RECORDS AND FACILITY A. National shall maintain records of all monitoring and provide in a timely manner copies of all monitoring records which are the subject of this Agreement to the Weld County Health Department. Representatives of Weld County shall have the right, upon presentation of proper credentials, to inspect and copy during normal business hours any records required to be kept under the terms and conditions of this Agreement. -3- 9t0184 B. Representatives of Weld County shall have the right, upon presentation of proper credentials and subject to compliance with the then applicable health, sanitation and disease control precautions required of employees of National Farms, to enter the Facility at reasonable times to inspect and/or investigate any actual, suspected, or potential source of pollution, or to ascertain compliance or non-compliance with any applicable state or federal statute or regulation or this agreement. Any such inspection or investigation may include, but is not limited to, sampling, the taking of photographs, the inspection of any monitoring equipment or monitoring method required by the Agreement, and access to any and all facilities or areas within National Farm's premises which are relevant to the purposes of the inspection. Weld County shall offer to split any samples taken during any investigation with National, and shall also provide National with copies of photographs and other information obtained. C. National shall also report to the Weld County Health Department any spill of waste materials, damage to treatment facilities which causes them to become inoperable, or where there has been an exceptional incident involving unintentional and temporary non-compliance with this Agreement caused by a factor beyond the reasonable control of National. VII. NO THIRD PARTY DUTY OR ADDED DUTY OF CARE TO COUNTY No portion of this Agreement shall be deemed to create any duty on the part of Weld County with respect to any person not a party to this Agreement. No portion of this Agreement shall be considered to have established a duty of care on the part of the County with respect to any third party where none exists at common law. No portion of this Agreement shall be deemed to constitute a waiver of any governmental or individual immunity of any of the parties or their agents, employees, or officers. This Agreement is only enforceable by the parties, and third parties shall not have rights in or standing to enforce this Agreement. No portion of this Agreement shall be construed to obligate Weld County to expend County funds to undertake any of the obligations of National or to mitigate the impacts of the Facility. National does not waive or relinquish the right to challenge any law, regulation, ordinance or requirement of Weld County or the State which would require a material change in the manner of operation of the Facility from that currently proposed by National and contemplated by this Agreement. VIII. REVIEW OF PLANS The parties agree that plans for all aspects of the Facility will be reviewed and approved by the Weld County Health -4- 900184 Department prior to commencement of construction in order to determine compliance with this Agreement and applicable laws and regulations. Approval shall not unreasonably delayed or withheld. Review shall include, but not be limited to plans for structures housing livestock, facilities for wastewater detention, treatment and distribution, monitoring wells, solid waste handling, and facilities for handling dead animals. This review shall be in addition to building inspections required for compliance with the Weld County Building Code. Prior to closure or abandonment of the Facility, National shall submit for review and approval a closure plan detailing the methods and schedules for closure and cleanup of the Facility, which plan shall be implemented and completed within sixty (60) days of closure or abandonment of the Facility. IX. NOTICE PROVISIONS Notices required to be given hereunder shall be given by certified mail, return receipt requested, mailed to the parties at the addresses shown. Weld County Board of County Commissioners Post Office Box 758 Greeley, CO 80632 Copies to: Weld County Health Department 1517 16th Ave Court Greeley, CO 80631 and Weld County Attorney' s Office 915 Tenth Street Post Office Box 1948 Greeley, CO 80632 National Hog Farms, Inc. 25000 Weld County Road 69 Kersey, CO 80644 Copies to: Bennett Raley, Esq. Davis, Graham & Stubbs P.O. Box 185 Denver, Colorado 80201 5 900184 X. COVENANT RUNNING WITH THE LAND This Agreement shall inure to the benefit and be binding upon the heirs, successors, and assigns of the parties herein and shall constitute a covenant running with the land upon which any of the facilities are located. XI. TERM OF AGREEMENT This Agreement shall be effective during such time as National, or its heirs, successors and assigns, are conducting livestock feeding operations at the Facility or have concluded operations but have not completed closure of the Facility. XII. SEVERABILITY If any portion of this Agreement is for any reason held to be invalid or unconstitutional, the parties agree that such decision shall not affect the validity of the remaining portions. XIII. VENUE AND JURISDICTION The parties agree that the Weld County District Court shall have jurisdiction and be the proper venue to hear any issues arising out of this Agreement. ±a0L0r OF COUNTY COMMISSIONERS ,,,� 'j Gene R. Brantner, Chairman Weld C m c.yy Clerk and Recorder and Cl k to the Board De uty County Cl rk WELD COUNTY HEALTH DEPARTMENT rietxDr. Rand ph Gordon, Director Attest: v / a e uty County Clele k 6 900184 NATI FARMS, INC. C.--L. William Haw, President Atter3'E:// _ NA L ARMS, INC. �� %mac-c) C. L William Haw, President Att -7- 900184 STATE OF COLORADO ) ss. COUNTY OF WELD ) ,The foregoing instrument was acknowledged before me this 6-22-1 dayof < .-ut , 193 by C. L. William Haw, as President of National Farms, T;t, a Colorado corporation. Witness my hand and official seal . My commission expires: My Commission Expires June 8, 1990 Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD ) “The foregoing instrument was acknowledged before me this f) ;1_,— day of ;4�6c-� ,.r�� , l92 by C. L. William Haw, as President of National Hog Farm, Inc, a Delaware corporation. Witness my hand and official seal. My Commission Expires June 8, 1996 My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD ) uiTThe foregoing instrument was acknowledged before me this � day of x1v , 19gc by Dr. Randolph Gordon, as Director of the Weld County ealth Department. Witness my hand and official seal . My Commission Expires June 1990 My commission expires: Notary Public -8- 900184 STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 224, day of Feteu , 199p by Gene R. Brantner, as Chairman of the Board of County Commissioners of Weld County. Witness my hand and official seal. My commission expires: SePr. / , /993 Publi 9/6 /caAST. cs+azey, do &E 3j -9- 900184 3 o-- r Jo \ &VON 8,4411101/4S I— 7 o � . Ewa a <- v.. i h t �s '.L}..,/c, • v ( / i iii, l 1 f) Z e I o 1►� ► mil l a�� -14 . � �� i �► k F 3.�.Je1 P s� g C ..." U �� ✓" c .7 g‘ \--tit, p to C2 4t t , svorobaWna_a)3M J5�.. "�_/vim `2g .°� - j k at? V,�n. , / • )< ' '.,_ S (tea. awom ,L • ... J • _ <- w S l- l a mad 3s w / i . ' p R II 1 Illy �J <✓ �' t.% .� ( � jut t�t /', J _ u' C . , �� I j I _- �� e39wnN' to-ol n �i -PO I A8 a3AOHddV 1613/L/l l AS - I , nThV1 / l H3NOHN NMVSC „V„ IIHII. AGREEMENT THIS AGREEMENT, is entered into this 21st day of February , 1990, by and between NATIONAL FARMS, INC. , and NATIONAL HOG FARMS, INC. (collectively referred to in this Agreement as "National") , and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD and the WELD COUNTY HEALTH DEPARTMENT (collectively referred to in this Agreement as "Weld County") . In exchange for the consideration provided, the parties hereto agree as follows: I. PERFORMANCE GUARANTEE National agrees to provide Weld County with a performance guarantee in the amount of $250, 000. 00 in order to ensure performance of the two Agreements dated February 21, 1990 between National, and Weld County (the "Related Agreements") . All such collateral shall name Weld County, c/o of the Board of County Commissioners of Weld County, Colorado, as the beneficiary. Any combination of the four types of collateral listed below are acceptable to Weld County: A. An irrevocable letter of credit from a federal or state licensed financial institution in a form approved by Weld County. The letter of credit shall state at least the following: 1. The letter of credit shall provide for payment upon demand to Weld County upon the assertion by Weld County that National has committed a material breach of the Related Agreements. If the payment is made prior to the entry of a decree by the Weld County District Court which finds that National Farms has committed a material breach of the Related Agreements, all such payments shall be held in escrow pursuant to subparagraph I.B. below pending the entry of such a decree. 2 . The letter of credit shall specify that it shall remain in full force and effect until after Weld County has received at least sixty (60) days written notice from the issuer of the letter of credit of the proposed expiration period. B. An escrow agreement that provides at least the following: 1. No portion of the escrowed fund shall be released without the prior approval of Weld County. 2 . The escrow agent will be a federal or state licensed bank or financial institution. 9C0184 3 . The escrow instructions shall provide for shall provide for payment upon demand to Weld County upon the entry of a decree by the Weld County District Court which finds that National Farms has committed a material breach of the Related Agreements. C. Performance bond given by a corporate surety authorized to do business in the State of Colorado and in acceptable form to Weld County. D. Cash deposit made with the Board. II. DAMAGES National and Weld County agree that the quantification of damages which might occur as a result of a breach of the Related Agreements by National Farms may be difficult, and the parties agree that Weld County, at its sole discretion, may elect to require that a) National Farms pay the sum of $5, 000. 00 per day for each day of a material breach of the terms of the Related Agreements relating back to the first day of the breach if National Farms fails to cure the breach within the time provided herein, or b) National Farms pay actual damages resulting from the material breach. Actual damages shall be limited to items specified in paragraph II. A. , B. , and C. of this Agreement. The election of remedies is exclusive and not cumulative. National also waives any contention that said liquidated damage provision is invalid as constituting a penalty. Any liquidated damages or actual damages collected by Weld County shall be first drawn from the Performance Guarantee established above, and shall be placed in a restricted fund which may only be used for the following purposes: A. To undertake the performance of any of the obligations of National Farms hereunder. B. To pay the extraordinary costs of monitoring and evaluating National Farms' performance hereunder. C. To mitigate any threat to the public health, safety, and welfare as a result of National Farms ' failure to meet the terms and conditions of the Related Agreements, including without limitation ground water withdrawal to control contamination and operation of wastewater treatment facilities. D. Monies collected under this provision not used for the clean-up of the site may, at Weld County' s discretion, be substituted for an equivalent portion of the collateral once the violation has been corrected. 900184 E. To be held as security, in addition to the provisions of Paragraph I of this Agreement, to ensure performance under the Related Agreements. III. ADJUSTMENT OF PERFORMANCE GUARANTEE AND LIQUIDATED DAMAGES The amount of the performance guarantee, as initially established in Paragraph I above, and the amount of the liquidated damages, as initially established in Paragraph II above, shall be adjusted at five year intervals by reference to any change in the Consumer Price Index for Colorado. IV. NOTICE OF BREACH AND RIGHT TO CURE A. In the event of a breach of the Related Agreements by National, Weld County, by and through the Weld County Health Department, shall give notice of violation verbally and confirmed by written notice served personally by leaving a copy with the manager or clerk of National at the Facility or by certified mail, return receipt requested. Should National fail to present the plan or complete corrections within the applicable time frame, the liquidated damages will commence to accrue as of the date of the original written notice of violation. V. ARBITRATION Any claims, disputes or other matters in question as between National and Weld County arising out of, or relating to, this Agreement, the Related Agreements, or the breach thereof, may, if both parties hereto agree, be decided by arbitration (using a panel of three arbitrators having expertise in the subject matter of the particular claims or disputes) in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, or other rules mutually agreed upon by the parties. Any agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law of the State of Colorado. The request for arbitration of any claim or dispute shall not extend the time for performance for obligations unless expressly agreed to by the other party, and shall not constitute a waiver or relinquishment of any right which may otherwise exist under applicable laws and regulations. Any arbitration held pursuant to this Agreement shall be held in Greeley, Colorado, or at such other location as is mutually agreed to by the parties. VI . NO THIRD PARTY DUTY OR ADDED DUTY OF CARE No portion of this Agreement shall be deemed to create any duty on the part of Weld County with respect to any person not a party to this Agreement. No portion of this Agreement shall be considered to have established a duty of care on the part of the County with respect to any third party where none exists at common law. No portion of this Agreement shall be deemed to constitute a waiver of any governmental or individual 9k,0184 immunity of any of the parties or their agents, employees, or officers. This Agreement is only enforceable by the parties, and third parties shall not have rights in or standing to enforce this Agreement. National does not waive or relinquish the right to challenge any law, regulation, ordinance or requirement of Weld County or the State which would require a material change in the manner of operation of the Facility from that currently proposed by National and contemplated by this Agreement. No portion of this Agreement shall be construed to obligate the County to expend County funds to undertake any of the obligations of National or to mitigate the impacts of the Facility. VII. NOTICE PROVISIONS Notices required to be given hereunder shall be given by certified mail, return receipt requested, mailed to the parties at the addresses shown. 1. Weld County Weld County Board of County Commissioners Post Office Box 758 Greeley, CO 80632 Copies to: Weld County Health Department 1517 16th Ave Court Greeley, CO 80631 and Weld County Attorney' s Office 915 Tenth Street Post Office Box 1948 Greeley, CO 80632 2 . National National Hog Farms, Inc. 25000 Weld County Road 69 Kersey, CO 80644 Copies to: Bennett W. Raley, Esq Davis, Graham & Stubbs 370 17th St. Denver, CO 80201 e184 VIII. COVENANT RUNNING WITH THE LAND This Agreement shall inure to the benefit and be binding upon the successors and assigns of the parties herein and shall constitute a covenant running with the land upon which any of the facilities are located. IX. TERM OF AGREEMENT This Agreement shall be effective during such time as National, or its heirs, successors and assigns, are conducting livestock feeding operations at the Facility or have concluded operations but have not completed closure of the Facility. X. SEVERABILITY If any portion of this Agreement is for any reason held to be invalid or unconstitutional, the parties agree that such decision shall not affect the validity of the remaining portions. XI. VENUE AND JURISDICTION The parties agree that the Weld County District Court shall have jurisdiction and be the proper venue to hear any issues arising out of this Agreement. WWEEF COUNTY COMMISSIONERS WE COUNTY, COLORADO Gene R. Brantner, Chairman Weld County Clerk and Recorder and Clerk to the- Board j ✓ ih ,; c .c,iri DAputy County Cl rk WELD COUNTY HEALTH DEPARTMENT Dr. Randolph Gordon, Director Attest: Deputy County Clerk 900184 NATIQN4h HOG FARMS, INC. C. L. LWilliam Haw, President Attest: e._ NATIONFARMS, INC. C. L. William Haw, President ,ttest 900184 STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this of /. - ,, , 199( by C. L. William Haw, as President of National Farms, Inb, a Colorado corporation. Witness my hand and official seal. My commission expires: / Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD . The foregoing instrument was acknowledged before me this '1";*' day of /' -, t <<,_ , 1914_ by C. L. William Haw, as President of National Hog Farm, Inc, a Delaware corporation. Witness my hand and official seal. My commission expires: • Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this `) ) L day of ),'< / � , , :, _ ,v , 191( by Dr. Randolph Gordon, as Director of the Weld County Health Department. Witness my hand and official seal . My commission expires: .MV Comm Notary Public ' 90. 0184 STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 22'9 day of FE-13/2-u/a/21 , 1920 by Gene R. Brantner, as Chairman of the Board of County Commissioners of Weld County. Witness my hand and official seal. My commission expires: ScPr.. / , /993 otary Pub FI:(-4-44-13 /b ST. e.7(2- __ey,co &3/ :900154 AGREEMENT THIS AGREEMENT, is entered into this 21st day of February , 1990, by and between NATIONAL HOG FARMS, INC. and NATIONAL FARMS. INC (collectively referred to in this Agreement as "National") , and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD and the WELD COUNTY HEALTH DEPARTMENT (collectively referred to in this Agreement as "Weld County") . In exchange for the consideration provided herein, the parties hereto agree as follows: I. INTRODUCTION Weld County recognizes that National is under no legal obligation to enter into an Agreement with Weld County regarding the water quality matters addressed herein, and that National is willing to enter into this Agreement in order to provide assurance to Weld County that its operations will be conducted in a manner which will protect the environment. In return, and as consideration for this Agreement, Weld County agrees to provide technical assistance and advice to National regarding the manner of operation of the Facility. The obligations of National created by this Agreement are solely contractual in nature, and are not based on the requirements of state or county laws or regulations. II. PURPOSE AND SCOPE A. The purpose and scope of this Agreement are to address water quality issues relating to the development and operation of a 192 , 000 head swine production and feeding facility the ("Facility") located on lands which are described in Appendix A to this Agreement. Any minor variation in the description of the property from that actually owned by National Farms shall not affect the terms of this Agreement. The parties recognize that certain changes in the boundary of the property can be anticipated during the term of the Agreement, and agree that this Agreement shall not affect the ability of National to convey portions of the property so long as National complies with the requirements of Paragraph IX. of this Agreement. B. This Agreement is intended to ensure that the waste treatment facility, which was planned and developed by National in consultation with Weld County, will be operated in a manner which will prevent or minimize adverse environmental impacts to ground and surface waters which might otherwise result from the operation of the Facility. This Agreement also establishes monitoring requirements and procedures for remedying any violations of this Agreement. The parties recognize that a purpose of this Agreement is to provide National with a greater 9C,01-84 measure of certainty with respect to what will be required with respect to the development and operation of the Facility. III. GENERAL DESCRIPTION OF THE OPERATION The primary environmental impact associated with the Facility is the generation of large volumes of hog manure. The manure is collected by means of a flush system under the swine buildings and run through a screening facility to remove portions of the solid components of the effluent. The solids will be applied to land as fertilizer and as a soil conditioner. The remaining liquid portions will then be processed through aeration and volatilization facilities prior to the distribution of the liquid onto grassland or cropland by means of center pivot irrigation systems. The exact location of or any changes in the location for those facilities shall be subject to approval by the Weld County Health Department. During certain periods of the year, when distribution by center pivot is not feasible due to climatic conditions, certain areas may be designated, subject to the approval of the Weld County Health Department, for use as emergency flood basins. The time and manner of use of the emergency flood basins shall be subject to the approval of Weld County. This waste treatment program, as generally described in this Paragraph III, is referred to in this Agreement as the "waste treatment facility" . IV. MONITORING National shall implement the monitoring program described in Appendix B to this Agreement. It is the intent of this Agreement that monitoring wells or stations be constructed and used to measure relevant water quality parameters upgradient and downgradient of the land application sites of the Facility, and that the configuration of the wells or stations allow (1) the detection of the discharge of pollutants resulting from the operation of the Facility (a) at the boundaries of the property on which the Facility is located and (b) in water conveyed within the Riverside Intake Canal, and (2) the early detection of the discharge of pollutants resulting from the operation of the Facilities at a location which allows National to modify the manner of operation of the Facility so as to prevent a future violation of performance standards established by this Agreement or any applicable water quality standards. The monitoring program may be modified by mutual agreement between National and the Weld County Health Department. V. PERFORMANCE STANDARDS A. General Performance Standards. The Facility shall be operated in a manner which will prevent or minimize injury to the use by others of surface and groundwater in the area. -2- 9C0184 B. Handling of Liquid Wastes. The manure handling and disposal operation shall be continuously monitored by National and shall be controlled so as to avoid excessive surface ponding of liquid waste. Not more than . 35 inches of water containing effluent shall be applied to any one center pivot in any 5 day period. C. Solid Waste. Solid waste shall be stored, handled and disposed of in accordance with otherwise applicable provisions of the Solid Waste Disposal Sites and Facilities Act. D. Ground Water Quality. (1) National shall operate and maintain the Facility in a manner which ensures that groundwater at the point(s) of compliance (1) meets the water quality standards for drinking water, as established by the Basic Standards for Groundwater, or 1. 25 times background levels, which ever is numerically higher, and (2) does not cause a violation of applicable water quality standards of the Colorado Water Quality Control Commission for the surface waters of the South Platte River. All points of compliance shall be at the boundary of the property on which the Facility is located. (2) Existing data and information indicates that the gradient of the ground water which may be impacted by the operation of the Facility runs generally from the north northwest to the south southeast towards the South Platte River. The parties recognize that there may be other sources influencing the quality of the ground water which are located upgradient from the location of the Facility. For that reason, a determination as to the existence of a violation of the performance standards created by this Agreement will be based on a determination of whether or not there has been a material and statistically significant increase over time with respect to the measured parameters as well as whether or not monitoring indicates that the levels of the monitored parameters are statistically significantly greater downgradient than upgradient from the Facility. Statistical significance shall be based upon a "student's T" model or other model agreed to by the parties. E. Surface Water Runoff. National shall design and operate the Facility in a manner which prevents a violation of applicable water quality standards of the South Platte River caused by surface runoff resulting from the operation of the -3- aC01.84 Facility, and shall also prevent the discharge of surface runoff into the Riverside or Empire Intakes. VI. ACTUAL OR POSSIBLE VIOLATION OF PERFORMANCE STANDARDS A. In the event that the operation of the Facility causes a violation of the performance standards established in Subparagraphs V. B. , C. , and D. above, National shall, upon the discovery of such a violation or the receipt of notice of such a violation from Weld County, (1) notify Weld County of the violation if it is not already aware of the violation, (2) propose within three business days a plan to modify the operation of the waste treatment facility to prevent future violations, and (3) implement the plan as soon as reasonably possible. If Weld County determines that the proposed plan does not have a reasonable possibility of avoiding future violations, National agrees to make any such modifications to the operation of the Facility as are reasonably required by Weld County for the purpose of remediating or preventing injury to other uses of ground and surface waters. B. In the event that monitoring of the early detection wells required by Paragraph IV. above establishes that a violation of the performance standards may occur in the future at the point(s) of compliance unless the operation of the waste treatment facility is modified, National shall, upon the discovery of such a possible future violation or the receipt of notice of such a possible future violation from Weld County, (1) immediately notify Weld County of the possible future violation if it is not already aware of the possible violation, and (2) present to Weld County a proposed plan for the modification of the operation of the waste treatment facility within 30 days. The plan shall include a time frame within which corrections are to be completed, and shall be reasonably designed to avoid the possible future violation. VII. REPORTING REQUIREMENTS AND ACCESS TO RECORDS AND FACILITY A. National shall maintain records of all monitoring and provide in a timely manner copies of all monitoring records which are the subject of this Agreement to the Weld County Health Department. Representatives of Weld County shall have the right, upon presentation of proper credentials, to inspect and copy during normal business hours any records required to be kept under the terms and conditions of this Agreement. B. Representatives of Weld County shall have the right, upon presentation of proper credentials and subject to compliance with the then applicable health, sanitation and disease control precautions required of employees of National Farms, to enter the Facility at reasonable times to inspect -4- 9C01.84 and/or investigate any actual, suspected, or potential source of water pollution, or to ascertain compliance or non-compliance with any applicable state or federal statute or regulation or this agreement. Any such inspection or investigation may include, but is not limited to, the sampling of any waste, the taking of photographs, the inspection of any monitoring equipment or monitoring method required by the Agreement, and access to any and all facilities or areas within National Farm's premises which are relevant to the purposes of the inspection. Any samples taken during any investigation shall be split, and a portion of the sample provided to National. Weld County shall also provide National with copies of photographs and other information obtained. C. National shall also report to the Weld County any spill of waste materials, damage to treatment facilities which causes them to become inoperable, or where there has been an exceptional incident involving unintentional and temporary non- compliance with this Agreement caused by a factor beyond the reasonable control of National. VIII. NO THIRD PARTY DUTY OR ADDED DUTY OF CARE No portion of this Agreement shall be deemed to create any duty on the part of Weld County with respect to any person not a party to this Agreement. No portion of this Agreement shall be considered to have established a duty of care on the part of the County with respect to any third party where none exists at common law. No portion of this Agreement shall be deemed to constitute a waiver of any governmental or individual immunity of any of the parties or their agents, employees, or officers. This Agreement is only enforceable by the parties, and third parties shall not have rights in or standing to enforce this Agreement. National does not waive or relinquish the right to challenge any law, regulation, ordinance or requirement of Weld County or the State which would require a material change in the manner of operation of the Facility from that currently proposed by National and contemplated by this Agreement. No portion of this Agreement shall be construed to obligate the State or County to expend State or County funds to undertake any of the obligations of National or to mitigate the impacts of the Facility. IX. REVIEW OF PLANS The parties agree that plans for all aspects of the development of the waste treatment facility will be reviewed and approved by the Weld County Health Department prior to commencement of construction in order to determine compliance with this Agreement and applicable laws and regulations. Approval shall not unreasonably delayed or withheld. This review -5- 9 x 0184 shall be in addition to building inspections required for compliance with the Weld County Building Code. Prior to closure or abandonment of the Facility, National shall submit to Weld County for review and approval a closure plan detailing the methods and schedules for closure and cleanup of the Facility, which plan shall be implemented and completed within sixty (60) days of closure or abandonment of the Facility. X. NOTICE PROVISIONS Notices required to be given hereunder shall be given by certified mail, return receipt requested, mailed to the parties at the addresses shown. 1. Weld County Weld County Board of County Commissioners Post Office Box 758 Greeley, CO 80632 Copies to: Weld County Health Department 1517 16th Ave Court Greeley, CO 80631 and Weld County Attorney's Office 915 Tenth Street Post Office Box 1948 Greeley, CO 80632 2 . National National Hog Farms, Inc. 25000 Weld County Road 69 Kersey, CO 80644 Copies to: Bennett W. Raley, Esq Davis, Graham & Stubbs 370 17th St. Denver, CO 80201 XI. COVENANT RUNNING WITH THE LAND This Agreement shall inure to the benefit and be binding upon the successors and assigns of the parties herein and -6- 9C0184 shall constitute a covenant running with the land upon which any of the facilities are located. XII. TERM OF AGREEMENT This Agreement shall be effective during such time as National, or its heirs, successors and assigns, are conducting livestock feeding operations at the Facility or have concluded operations but have not completed closure of the Facility. XIII. SEVERABILITY If any portion of this Agreement is for any reason held to be invalid or unconstitutional, the parties agree that such decision shall not affect the validity of the remaining portions. XIV. VENUE AND JURISDICTION The parties agree that the Weld County District Court shall have jurisdiction and be the proper venue to hear any issues arising out of this Agreement. BOA D OF COUNTY COMMISSIONERS WE COUNTY, COLORAD f / f ,t ,, , 17,,,-. ,1 , Gene R. Bra tner, Chairman Weld County Clerk and Recorder and Clerk to the. Board 7 v/ ;rit r -vit-i x- ILf i' .d if a Deputy County Clerk WELD CpUNTY HEALTH DEPARTMENT (D 2 1/ r ,X',:, 1 ) Dr< Rando ph Gordn, Director Attest: / i tc,_.La Deputy County Clerk 900184 NATIONAL HOG FARMS, INC. 1 /2 C. L. William Haw, President Attest: , .7 / ;./ / NATIONAL FARMS, INC. a.- C. L. William Haw, President Attes -8- 9C 0184 STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 9°" day of i , , ,4 , 191r by C. L. William Haw, as President of National Farms, Inc, a Colorado corporation. Witness my hand and official seal. My commission expires: Roy tmmmte ' ° Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1 day of ; ,', / . . , 19 'tr by C. L. William Haw, as President of National Hog Farms, Inc, a Delaware corporation. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD ) \The foregoing instrument was acknowledged before me this 1')�k ' day of , 19'/t by Dr. Randolph Gordon, as Director of the Weld County Health Department. Witness my hand and official seal . My commission expires: m, core Notary Public - -9- sc 184 STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 2.24d day of /= ,euA,e , 1Rn by Gene R. Brantner, as Chairman of the Board of County Commissioners of Weld County. Witness my hand and official seal. My commission expires: SEPT.,-,/ , 1993 Notary Public /pr,H ei2cey, co eO6 3/ -10- 9C0184 t'STO'JG t, -z :i 1 - Z o ✓'YJ '�'�/1 p) r &YON OAJ/]/JYJ : S �"I: I iiLzf/ n ✓ m p : ` 1 41 r-- T . ^J 0. W'bE�1J +�.0'�, ry 1 Sr i'•' .'>^�E.' ' } dE � t 11 ` , ' )' I � ) W- .fill d) m r nil ,_r; � „ r i a 44 i FL m �.. I. t../. / 'l / ��i � v ,-- � ` 1 • r ¢� N {�/J, Ql). Z V w ry a ` _ .. `R 2 ' Z °w J ra 690VONAttino,07.. 11 ^- 9 hI� • sue �.. ) ` h raw, . s . of 4Y . .. .. !. .: 4"^4e.. .: . aas w.:. a - / •• 1 JI - c✓ ode / i :Ci ,.c, �v^° �:/ y� r ..ate S p it U tl39IN Li or.n sI Tan I AS O3AOtlddd lee/L//Ll AS -- n naWOgkf 1,13 NO NA N"Ele 'Nu IIHIH`. EXHIBIT "B" 1-22-90 NATIONAL HOG FARMS, INC. Waste Management Calendar of Activities Activity Month 1_ AWT sends annual summary for previous January year. 2. Annual meeting (NHF & AWT) record 3. Read separator flow rates & on ' serf 4. Take influent and effluent samsamples les from EHTs ; contact AWT ; ship samples to lab; send ' keyno3' and ' eht' to AWT 5. -Record volumes applied on ' apply' 1. Read separator flow rates & record February on ' sep' 2. Take influent and effluent flow contact AWT; samples from send ' keyno3' ship samples to lab; and ' eht' to AWT 3. Record volumes - applied on ' apply' March 1. Record volumes applied on ' apply' 2. Read separator flow rates & record on ' sep' 3. Take influent and effluent samples from EHTs; contact AWT; ship samples to lab; send ' keyno3' and ' eht' to AWT 4. Collect well water samples;� ples; t end con con' ctac AWT; ship to lab; o AWT 5. Take separator influent samples ; contact AWT; ship samples to lab; send ' keyno4' to AWT 1. Record volumes applied on ' apply'Collect well samples ; contact AWT; 2, send samples to lab; send ' keyno3' to AWT 3. __ Record volumes applied on ' apply' 4. : -'{- Read separator flow rates & record on ' sep' - 5. AWT sends report for First Quarter of Year 6. Collect samples of separated teno4' ids and send to lab; send AWT 7. Take influent and effluent samples from EHTs ; contact PUT ; ip samples to lab; send ' keyno3' and ' eht' to AWT 9C0184 a. Take soil profile samples and send to lab; send ' keyno4' to AWT May 1 . Record volumes applied on ' apply' 2. Read separator flow rates & record on ' sep' 3. Take influent and effluent samples from EHTs, ; contact ' keyno3' and AWT ; ship samples to lab; send ' eht' to AWT 4. Send ' sep' forms to AWT (Dec — May)ly on ly' June 1. Record volumes to arator flow prates &arreecord 2. Read sep on ' sep' 3. Send ' sep' forms to AWT (Dec - May) 4. Take influent and effluent samples from EHTs; contact AWT ; p samples to lab; send ' keyno3' to AWT contact 5. Take well water samples ; send AWT; ship samples to lab; ' keyno3' to AWT contact AWT; 6. Take forage samples ; ship samples to lab; send ' keyno4' to AWT 7. Send copies of previous 6 months' ' apply' to AWT (Dec - May) 1. Record volumes applied on ' apply' July 2. Read separator flow rates & record on ' sep' 3. AWT sends report for Second Quarter of Year 4. Take influent and effluent samples from EHTs ; contact AWT ; ship samples to lab; send ' keyno3' and ' eht' to AWT 1. Record volumes applied on ' apply' August 2. Read separator flow rates & record on ' sep' 3. Take influent and effluent samples from EHTs ; contact AWT; ip samples to lab; send ' keyno3' and - ' eht' to AWT September 1. Record volumes applied on ' apply' 2. Read separator flow rates & record on ' sep' 3. Take influent and effluent samples from EHTs ; - contact AWT; ship samples to lab; send ' keyno3' and ' eht' to AWT 4. Take well water samples ; contactsacd AWT ; ship samples to lab; ' keyno' to AWT 9( 0184 October 1 . Record volumes applied on ' apply' 2. Take influent and effluent samples from EHTs ; contact AWT ; ship samples to lab; send ' keyno3; and ' eht' to AWT 3. Collect well samples ; contact AWT; send ' keyno3' to AWT; send samples to lab 4. Read separator flow rates & record on ' sep' 5. AWT send report for Third Quarter of Year 6. Take surface and profile soil samples (eight pivots only) and send to lab; send ' keyno4' to AWT 7. Collect samples of separated solids and send to lab; contact AWT; send ' keyno4' to AWT - November 1. Record volumes applied on ' apply' 2. Send ' fldsuml' forms to AWT (partially completed by NHF) 3. Read separator flow rates & record on ' sep' 4. Take influent and effluent samples from EHTs ; contact AWT; ship samples to lab; send ' keyno3' and ' eht' to AWT December 1 . Read separator flow rates & record on ' sep' 2. Take influent and effluent samples from EHTs ; contact AWT; ship samples to lab; send ' keyno3' and ' eht' to AWT 3. Record volumes applied on ' apply' 4. Collect well water samples ; contact AWT; ship samples to lab; send ' keyno3' to AWT 5. Send ' apply' data sheets to AWT for previous 6 months (Jun — Nov) 6. Send ' sep' forms to AWT (Jun — Nov) Note : Other samples will be taken as deemed necessary. 900184 1-22-90 NATIONAL HOG FARMS, INC. Waste Management Plan Monitoring Procedure I. EHT sampling and analysis A. Collect samples every month. Refrigerate samples as soon as possible. Note : Samples should be taken at two points : separator effluent and EHT effluent. B. Sample size : One quart . C. Ship samples to lab (Note : Samples should be refrigerated or frozen during shipment. ) . D. Contact AWT (919-851-8528; 919-737-3121 ) so analyses desired can be relayed to lab. E. Send sample key (' keyno3' ) to AWT. F. Collect data on the operation of each EHT; send ' eht' forms to AWT monthly. II. Well Sampling and Analysis A. Collect samples quarterly (Mar, Jun, Sept, Dec) (after initial background tests) from the monitoring wells identified in the IT Report. B. Sample size: One pint. C. Ship samples to lab. (Note: Samples should be refrigerated or frozen during shipment. ) D. Contact AWT (919-851-8528; 919-737-3121 ) so analyses desired can be relayed to lab. E. Send sample key (' keyno3' ) to AWT. F. Results will be compiled on ' well ' forms. III. Irrigation Records A. For each day that irrigation of EHT liquid occurs_ record the following : gallons of EHT liquid applied ; gallons of well water applied ; source of EHT liquid. Maintain a separate record for each field. B. At the end of each month total the amount applied and enter totals on ' apply' forms. C. Send copy of completed ' apply' forms for each quarter section to AWT on June 1 and Dec. 1. IV. Field Summary A. Report crop type, harvest dates and yields on Section II of ' fldsuml' . B. Send partially completed ' fldsuml' forms to AWT in Nov. C. PUT will complete and return forms by mid—Jan along with an annual summary report. V. Seperator Records A. Take readings as to actual separator flowthrough rates once or twice per month and record on ' sep' forms. B. Vary time of day when readings are taken. C. Note any changes to separator configuaration (change in size or type of screen) . D. Send ' sep' record to P'1!T on June 1 and Dec. 1 . 9([9.84 VI . Forage Samples O Tnte renresentative samples of crops ( forage ) for analysis during harvest (June and Sept. ) . B. Contact AWT. C. Record the semples on ' keyno4' forms and send copies to AWT. D. Ship the samples to A&L. VII. Separator Solids A. Twice each year (April and October) collect samples of separated solids. B. Contact AWT. C. Record the sample numbers on ' keyno4' forms and send copies of forms to AWT. D. Ship the samples to A&L. VIII . Soil Profile Samples (. 5, 1 ft. , 2 ft. , 5 ft. ) (Note : This procedure is to be followed on eight designated fields. ) A. Twice each year (Apr. and Oct. ) collect soil profile samples. B. Contact AWT. C. Record the sample numbers on ' keyno4' forms and send copies of forms to AWT. D. Ship samples to A&L or other lab. IX. Soil Surface Test (0" — 12" ) A. Take soil samples from each pivot after last crop harvest (Oct—Nov) B. Contact AWT to alert that samples have been collected. (919-851-8528; 919-737-3121. ) C. Submit samples to lab; send ' keyno4' to AWT D. Enter results on previous year' s field summary sheet (fldsuml) (second entry) and on upcoming year' s field summary sheet (first entry) . • 2 9C01.84 1/22/90 Standard Sampling Procedures for National Hog Farms, Inc. This set of procedures is to he used in collecting, preserving and shipping samples related to waste management for National Hog Farms, Inc. 9C0184 Well Water Samples and Groundwater Samples 1. Sampling Frequency - See calendar of activities for National Hog Farms, Inc. Before waste is applied for the first time at any site well water samples should be taken to establish background conditions. 2. Sample Size — 500 ml plastic sample bottle 3. Sample Preservation — Refrigerate as soon as collected; freeze as soon as possible ; send to lab frozen 4. Standard Parameters To Be Tested : Nitrate -N Chloride Conductivity pH Nitrite-N Calcium Total Dissolved Solids Sodium Sulfate Magnesium Iron Manganese Copper 5. Sampling procedure: . Well Water a. Use only thoroughly cleaned bottles (500 ml ) ; plastic. If possible rinse with distilled water and allow to dry before use. b. Run water from sampling port for 2-3 minutes before taking sample. c. Ship samples to lab. Groundwater a. Measure and record the depth of the water in the well. b. Using a pump remove water from the well (approximately 2-3 times the volume of water that is in the well when the sampling procedure is initiated) . c. When sufficient water has re-entered the well collect the desired sample and place it into a sample container. d. Remember to replace the cap on the monitoring well. e. Ship samples to lab. 9C0154 Separator Liquid Samples ( Influent and Effluent Holding Tank Samples 1. Sampling Frequency — see calendar of activities for National Hog Farms, Inc. 2. Sample Size — 1 liter plastic bottle. 3. Sample Preservation — Refrigerate as soon as sample is taken; Freeze as soon as possible. 4. Standard Parameters To Be Tested (depending on nature of sample) : Total Kjeldahl N Ammonium—N Nitrate—N pH Total P Total K Total Solids Total Volatile Solids COD BOD Total Suspended Solids Nitrite—N Conductivity Total Dissolved Solids Chloride 5: Sampling Procedure— a. Use a clean sample bottle ; if possible rinse with distilled water and dry before using. b. Collect sample either directly in sample container or in a bucket and immediately transfer to sample container. c. Refrigerate immediately and freeze as soon as possible. d. Ship to laboratory frozen. • 9C0184 Soil Samples 1. Frequency — See activity calendars for National Hog Farms, Inc. Before any field receives waste for the first time soil samples should be taken to establish background conditions. In some cases it may be good to take duplicate samples and send them to different labs to compare results. 2. Sample Size — Approximately 1 pint. 3. Sample Preservation - place sample in a clean plastic container and store in a cool location until it is shipped to the laboratory. 4. Standard Parameters to Be Tested- pH Nitrate -N Total N Salinity Boron Potassium Phosphorus Sodium Ammonium-N Soluble Salts Organic Matter Magnesium Calcium Cation Exchange Capacity Mangenese Sulfur Zinc Iron Copper 5. Sampling Procedure — Soil Samples from Top Horizon: a. Use a soil sampling probe to collect cores from the top 12 inches. Place each core in a plastic bucket (approximately 2 gallon in size) . b. Take samples uniformly over the entire field. Take 15-20 cores for each field. c. Mix the cores thoroughly by hand and then fill the appropriate sample container. d. Place a sample number on the container and ship the sample to the laboratory. Profile Samples : a. Use a bucket auger to take samples at the following depths beneath the surface: 0. 5 ft. , 1 ft. , 2 ft. , 5 ft. b. Mark four different buckets with the different sampling depths. c. Take :SampFes at the four depths from the same hole. When taking a sample at a given depth, center the bucket of the auger at the approximate depth for the given sample. d. Take cores from at least 10 different sites that are well distributed over the entire field. e. Once all samples have been taken, mix the soil in each bucket thoroughly and place a representative subsample in a clean plastic bag. Seal and identify the bag. f. Backfill the boring with the excess material removed. p. Send the samples to tne ces _ . e,b, 909184 • Separated Solids Samples 1. Frequency - See the activities calendar for National Hog Farms, Inc. 2. Sample Size — Approximately one quart. 3. Sample Preservation — place sample in a clean plastic bag and seal it. Freeze sample as soon as possible. Ship to lab in frozen state. 4. Standard Parameters To Be Tested — Moisture Calcium Phosphorus Potassium Crude Protein Crude Fiber NPN S. Sampling Procedures : a. Take a shovelful of material from each of four points. The samples should be taken from 6 to 12 inches below the surface of the pile approximately two—thirds down from the top of the pile. b. Place the separated solids in a plastic bucket and thoroughly mix. c. Fill a one—quart clean plastic bag, identify it and freeze as soon as possible. • 900184 Forage Samples 1. Sampling Frequency — See the activities calendar for National Hog Farms. 2. Sample Size _— One quart. 3. Sample Preservation — Place sample in a clean plastic bag, seal it and freeze as soon as possible. 4. Standard Parameters to be Tested — Moisture Content Calcium Nitrate—N Phosphorus Potassium Crude Protein Crude Fiber 5. Sampling Procedures a. For forage take several representative samples of chopped forage. Mix the subsamples thoroughly and then fill a one—quart plastic bar and seal it. Put sample number on bag. Freeze the sample as soon as possible. b. Ship samples to laboratory. Forage samples should be shipped frozen. Sample Containers Appropriate sample containers and shipping containers can be ordered from A & L Mid West Laboratories, Inc. Their address and telephone number is given below. Information describing the various sample materials is attached. Soil Sampling Augers One source of soil augers is : Clements Associates, Inc. R. R. #1, Box 186 Newton, IA 1-800-247-6630 For soil surface samples one possible combination is: +� JMC 24" Conventional Handle (PN055) * INC 12" Dry Sampling' Tube (PN007) For soil profile samples one possible combination is: * General purpose 2" auger (PN072) * JMC Auger Handgrip (PN025) * Auger Extension 45" (PN027) * Auger Extension 34" (PN026) Note : For sample to be taken at the 5 ft depth either ti<n 34" extensions or one 34" extension coupled to one 45" extension will be needed. 910184 Address of Analytical Laboratories A & L Midwest Laboratories, Inc. 13611 "B" Street Omaha, NE 68144 Attention: Chris Birt Telephone : 402-334-7770 • - —7— 9C0184 National Hog Farms, Inc. EHT Evaluation Sheet Purpose/Instructions This sheet is designed to collect the information needed to evaluate the EHT. To do this a time period will be 'defined as when the EHT is empty ( irrigation just completed) until irrigation is initiated again (EHT full or partially full ) . Samples (Pre- separation, EHT IN (EHT OUT and Irrigation) should be taken on the last day of the period. Information Needed 1. Which EHT No. 1 No. 2 • 2. Definition of time period Stopping Time Starting Time Time Interval Date Hour Date Hour (Hours) 3. Gallons of wastewater going into EHT during time period : gallons 4. Date samples taken: 5. Blower operation: • Number of bowers operated during ,time period : Number of hours blower(s) operated per day : ' hr/day 6. Temperature range during time period : Date: Max°F: Min0F: Please send this sheet to : Agri—Waste Technology, Inc. 3504 Sloan Court Raleigh, NC 27606 919-851-8528 9(0184 Updated : 8/12/89 NATIONAL HOG FARMS," INC. Separator Records Separator: A Units 1 — 3 B Units 4 — 6 C Units 7 — 9 D Units 10 — 12 Time Which Measured Flow Date of Day Screen? (qpm) Separator Configurations : Each separator building has 4 screens plumbed in parallel ; each screen is 6' wide; screen opening size is 0. 010". One pump serves two screens at each building. Note: Please note any mondifications made during year to screen configurations. 9C0184 Sheet of NATIONAL HOG FARMS, !NC_ Sample Key Number For Liquid Samples Sample Type Sample Date Separator Sample No. Collected EHT Well Influent Effluent Code Check One NOTE: Contact AWT {913-951-9528: 919-737-3121) once samples are collected_ 9(,®184 POSSIBLE SAMPLE CODES: Etif (Note:This is the effluent from the Effluent Holding Tanks) * EHT 1 Tank serving Production Units 1 -6 * EHT2 Tank serving Production Units 7- 12 Separators (Note: The effluent from the separators is the influent for the EHTs. * SEPA Separators serving Production Units 1 -3 * SEPB Separators serving Production Units 4-6 * SEPC Separators serving Production Units 7-9 * SEPU Separators serving Production Units 10- 12 NOTE: Please identify location of monitoring wells. See below. Wells * NFCW1 Fresh water well No. I * NFCW2 Fresh water well No.2 * EM1 * EM2 * 043 * O44 * EM5 * EM6 * EM7 * EM8 * EM9 * EM10 * EMil * EM12 . * EM13 * EM14 * 0415 * 0416 9C0184 • Sheet of NATIONAL HOG FARMS. !NG_ Sample Key Number Soil,Separated solids, &Forage Sample Type Sample Date Soil Separator Sample No. Collected Surface Profile Solids Forage Code Check One • NOTE: Contact AWT (919-951-8528: 919-737-3121) once samples are collected. 900184 POSSIBLE SAMPLE CODES: Soil Surface Samples * Use the letters FLD followed by the field ID number followed by the letter S Soil Profile Samples * Use the letters FLD followed by the field ID number followed by sample depth-.5 for 0.5tt 1 for 1ft 2 for 2tt 51or5ft Separated Solids Samples * SOLA Solids from separator A (serves Units 1 -3) * SOLB Solids from separator B (Serves Units 4-6) * SOLC Solids from separator C(Serves Units 7-9) * SOLD Solids from separator D (Serves Units 10-12) Forage Samples * Use the letters FLD followed by the field ID number followed by F for forage • 900184 NATIONAL HOG FARMS, INC. Field Summary Report Field ID Cropping Year I. Crop Nutrient Summary A. EHT Liquid applied gallons * Gallons/Acre (gallons/130 acres) or (gallons/80 acres) * Ac—In/Ac (gal/ac/27152) B. Estimated nutrient uptake ( 16/ac) N P205 K20 C. Nutrient surplus (+) / deficit (—) (B — C) N P205 K20 II. Crop Field Crop Name Harvest Date Yield Amount Unit Total 900184 1 III. Soil Test Results Units Last Year This Year *Date *Nitrate *P Index *K Index *pH *CEC * * * * Notes: 8k..0184 NATIONAL HOG FARMS, INC_ FieldSummary Computation Sheet Field ID Sheet No. Field Size acres Cropping Year I. Gallons of EHT liquid applied: • gal 11. EHT liquid nutrient application • A. EHT liquid analysis (ppm) * Date * Source (see Note 1) MEAN * TKN * Ammonium-N * Nitrate-N * PAN * Total P * Total K * CL * pH * B. Nutrient application 8b/ac) * Gallons applied *analysis*0.00000834 PAN= acres lb/ac * Gallons applied* analysis*0.00001093 PADS acres lb/ac 900184 Gallons applied* analysis*0.00001 KaO = acres Notes: 1. EHT source: EHTI EHT2 2. PAN=0.4 (TKN-Ammonium-n) + (Ammonium-N *0.50) +Nitrate-N 900184 well Updated: 11/6/89 NATIONAL HOG FARMS, INC. Groundwater Analysis Site Name: Well Number: Well Location : Sample Date Parameter Units Nitrate—N ppm (NO3—N) Nitrite—N ppm (NO3—N) Chloride ppm (cl) Conductivity mmhos/cm (electrical conductivity) Ttl Dissolved ppm Solids PH SU Calcium ppm Sodium ppm Sulfate ppm Magnesium ppm Iron ppm Manganese ppm Copper ppm Note: Suggested sampling frequency — quarterly. 900184 NATIONAL HOG FARMS, INC. Application Volume Summary Sheet Sheet Number Field ID Cropping Year (Note 1 ) (Nate 2) 7c Source of EHT Liquid Well Water EHT Month EHT Liquid Applied Applied Liquid gallons Jan Feb Mar Apr May Jun Jul Aug Sep • Oct Nov Dec Total Notes : Mean 1. Source EHT1 Serves Production Units 1 — 6 EHT2 Serves Production Units 7 — 12 2. Determine well water applied. Well water will be applied at times when EHT liquid is not being applied. 900484 o� r JFa•q3 i- - O Q r J 1fi, 1 't h I � �J'IIIV o hi mm¢ j1, �11Y O \ a NI\ ry�yy14.1 NJ o k .N V M 4A 1 / T 11 1 ^ J �I F ' '- �) 1p! gym ,.. , 1(111 F �-Ais mob :.. ''_+S 1 J F.6* o „: 6... • �� + _ t! i t 11 `lax� (1 y ' 4 r/1 / ' p l _ _' `7)_ 3� G- 777////// < _ O - W££ ( r c U e ti � N • - ' ,3„, fir- .. y / 1;1' - ,f / r Z-�, �, , o y� 66,, , u - Gam../�f (/ '' 02 �\ /P r-ri a 680YO O 3M� 7 Q e /I' 'a' / <oi 2 Fro 4 w. r1 ✓ ,�.. - �. . j kZO, :u2 V )C j a • z : r b .e6,rn I j" Z Li p � _ � � I I : : __ , i . s:. c; �.; / I e 838wnNl 6a-oz"n I 7ar I A8 O3AOtlddv J68/L/ll AG -., , navlaNG U3NOIN NMv8C otiare't Commerce Ban :I SSU I NG BANK: : ; NUMBER Commerce Bank of Kansas City, N.A. ;IRREVOCABLE : : International Department ;STANDBY : 004810 : : P.U. Box 419248 LETTER OF CREDIT : : : Kansas City, MO 64141-6248 USA : : + :PLACE AND DATE OF ISSUE: :DATE AID PLACE OF EXPIRY: : : Kansas City, MO 64141-6248 USA 03/23/90 : 03/23/91 at our counters : + :APPLICANT: :BENEFICIARY: : : National Farms, Inc. and National : The Board of County Commissioners : : Hog Farms, Inc.('National' ) c/o : of the County of Veld and Weld : : National Farms, Inc. , + : County Health Department + : : Kansas City, MU 64112 : Greeley, Colorado 80631 : , :ADVISED THROUGH: :AMOUNT:1F 250;000.00 : , CREDIT V 1LABLE WITH: : : C• c ank of Kansas City X.A. : : ; K.I,.1 x 419248 : :PARTIAL DRAWINGS NOT PERMITTED : Kan City, MO : 41-6248 USA : : - ( `r ..„'PAYMENT . : --47..y Against documents detai ed �erein and : : '"\ :/your drafts at At S : drawn on Conner a nk of Kansas , /1 . : � : City N.A. ,, � ; . ,,t,ct ix + DOCUMENTS REQUIRED: -•,.. , + Beneficiary name and dressontinued: ('Weld County' ) c/o We Co3 ty Health Department 1517 16th Ave. Court Greeley, Colorado 80631 + Accountee name and adciess continued: 246 Board of Trade Building 4800 Main Street / Kansas City, Miss ri 64112 Documents Requi ed: 1) Statement urportedly signed by an Official of The Board of County Commission of Veld County, Colorado stating that 'National Farms, Inc. and National Ho Farms, Inc. ('National ') has committed a material breach of the Related Ag eements dated February 21 , 1990 by and between National Farms, Inc. and National Hog Farms, Inc. ( 'National' ) and The Board of County Commissioners of the County of Weld and the Veld County Health Department ( 'Weld County' ). ' 2) Original Letter of Credit. SPECIAL CONDITIONS: 1) In the event of a draw in accordance with terms and conditions of this Letter of Credit, Commerce Bank of Kansas City N.A. will remit funds to The Board of County Commissioners of the County of Weld and Veld County Health Department c/o Weld County Health Department. ,r� r �� Continued on Page 2 1 &i1_ a127 Pe, Page 2 Letter of Credit No. 004810 03/23/90 a) This Letter of Credit is automatically extended, without amendment, for additional one year periods from the current expiration or any future • expiration date unless 60 days prior to such current expiration date Commerce Bank of Kansas City, A.A. notifies beneficiary in writing that the Letter of Credit will not be renewed. In the event you receive such notification you may draw by presentation of the following: a) Draft at Sight drawn on Commerce Bank of Kansas City, R.A. -and- b) Statement purportedly signed by an Official of The Board of County Commissioners of Weld County, Colorado stating that 'we have received notice from Commerce Bank of Kansas City, A.A. that Letter of Credit No. 004810 will not be renewed and that National Farms, Inc. and National Hog Farms, Inc. has failed to provide proof of adequate collateral in substitution of this Letter of Credit 004810. c) Copy of letter from Commerce Bank of Kansas City A.A. stating non-renewal of Letter of Credit 004810. d) Original Letter of Credit. All drafts drawn under this Credit shall bear the clause 'Drawn under Commerce Bank of Kansas City R.A. Letter of Credit' and indicate this Letter of Credit number and issue date. We hereby agree with you that drafts drawn under and in compliance with the terms of this Credit will be duly honored on presentation to the drawees within the validity of this Letter of Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) , International Chamber of Commerce, Publication No. 400' . Au ettf cl (authorized signature) (authorized signature) 900184 •r CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 I FAX: (970)352-0242 P. 0. BOX 758 C. GREELEY, COLORADO 80632 COLORADO August 5, 2005 National Hog Farms, Inc. ATTN: Carla P. O. Box 1930 Greeley, Colorado 80631 RE: Cancellation and release of Collateral To Whom It May Concern: Attached hereto please find copies of the Board of County Commissioner's Resolution approving the cancellation and release of collateral, for the benefit of the State of Colorado. The original Letter of Credit was returned to Wells Fargo Bank,Trade Services Division, One Front Street,21st Floor, San Francisco, California 94111. Also enclosed is a copy of the amended and restated Letter of Credit, the original of which was sent to the Colorado Department of Public Health and Environment. If you have questions or need additional information, please do not hesitate to contact me at(970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: it / . -� Carol A. Harding, Deputy Clerk to the Board 9f80/9i /V-0612 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 WI I P C. GREELEY, COLORADO 80632 COLORADO August 5, 2005 Wells Fargo Bank, Trade Services Division One Front Street, 21st Floor San Francisco, California 94111 RE: Cancellation and release of Collateral - National Hog Farm, Inc. To Whom It May Concern: Enclosed herewith please find the original Letter of Credit NZS341459. Said letter has been amended and restated, and the original has been signed by the Board of County Commissioners Chairman and then forwarded to the Colorado Department of Public Health. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: ist 1� Carol A. Harding, Deputy Clerk to the Board International Trade Services 525 Market Street,25th Floor San Francisco,CA 94105 WELLS FARGO WELLS FARGO BANK, N.A. Ard TRADE SERVICES DIVISION, NORTHERN CALIFORNIA 525 Market Street, 25th Floor San Francisco, California 94105 Telephone Nos.: (415) 396-4014 and (415) 396-5458 IRREVOCABLE LETTER OF CREDIT Beneficiary: The Board of County Commissioners Letter of Credit No. NZS341459 of the County of Weld and Date: January 14, 2000 Weld County Health Department 1517 16th Avenue Court Greeley, Colorado 80631 Ladies and Gentlemen: We hereby establish our irrevocable Letter of Credit in your favor for the account of National Farms, Inc. and National Hog Farms, Inc. ("National") c/o National Farms, Inc., 1600 Genessee, Suite 846, Kansas City, MO 64102 in the amount of Two Hundred Fifty Thousand and 00/100 United States Dollars (US$250,000.00). This Letter of Credit is available with us at our above office by payment of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows : "The undersigned, an authorized official of The Board of County Commissioners of Weld County, Colorado, hereby certifies that National Farms, Inc. and National Hog Farms, Inc. ("National") has committed a material breach of the Related Agreements dated February 21, 1990 by and between National Farms, Inc. and National Hog Farms, Inc., ("National") and the Board of County Commissioners of the County of Weld and the Weld County Health Department ("Weld County")." Only one draft may be drawn and presented under the Letter of Credit and the draft must be for the full amount of the Letter of Credit. The draft must be marked: "Drawn under Wells Fargo Bank, N.A. Letter of Credit No. NZS341459." This Letter of Credit expires at our above office on January 14, 2001, but shall be automatically extended, without written amendment, to January 14 in each succeeding calendar year unless we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice, which expiration date will be January 14, 2001 or any subject January 14 and be at least sixty (60) calendar days after the date we send you such notice. 1 This is an integral part of our Letter of Credit No. NZS341459 Upon our sending you such notice of non-renewal of the expiration date of this Letter of Credit, you may also draw hereunder by presentation to us at our above address, on or before the expiration date specified in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: "We hereby certify that we have received notice from Wells Fargo Bank, N.A. that Letter of Credit No. NZS341459 will not be renewed beyond its current expiration date and that National Farms, Inc. and National Hog Farms, Inc. has failed to provide proof of adequate collateral in substitution of this Letter of Credit." If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. Each draft presented hereunder must be accompanied by this original credit for our endorsement thereon of the amount of such draft. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500 (the "UCP") and engages us with the terms thereof. Very truly yours, WELLS FARGO BANK, N. A. By: (Authorized Signat JAMES S. £ltd" 2 FAX TRANSMISSION COLORADO Weld County Clerk to the Board PO Box 758 Greeley,CO 80632 Fax: 970-352-0242 Phone:970-336-7215,ext.4217 To: Wells Fargo Bank Date: August 5,2005 Fax: (415) 296-8905 Pages: 2 +Cover From: Carol Harding, Deputy Clerk to the Board Subject: Letter of Credit COMMENTS: The original letter of credit has been forwarded to the Colorado Department of Public Health and Environment,per your instructions. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. • WELLS FARGO BANK,N.A. TRADE SERVICES DIVISION,NORTHERN CALIFORNIA ONE FRONT STREET,21ST FLOOR SAN FRANCISCO,CALIFORNIA 94111 Contact Phone: 1(800)798-2815(Option 1) Email : sftrade(a)wellsfargo.com AMENDED AND RESTATED LETTER OF CREDIT The Board of County Commissioners Letter of Credit No.NZS341459 Of Weld County and Date: July 12,2005 Weld County Health Department Applicant:National Hog Farms,Inc. 1517 16th Avenue Court Amendment No. 2 Greeley, CO 80631 Ladies and Gentlemen: This Amendment is to be considered as part of the above Letter of Credit and must be attached thereto. The text of the above mentioned Letter of Credit is deleted in its entirety and replaced by the following: Quote IRREVOCABLE LETTER OF CREDIT Director Colorado Department of Public Health and Environment '- Ya P ,214-7176� Water Quality Control Division 4300 Cherry Creek Drive South Denver,CO 80246-1530 Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No.NZS341459 in your favor,at the request and for the account of National Hog Farms,Inc., .30130 WCR#49,Greeley,CO 80631 up to the aggregate amount of Two Hundred Fifty Thousand U.S.Dollars(US$250,000.00),available upon presentation by you of: (1) Your sight draft,bearing reference to this letter of credit no. NZS341459, and (2) Your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to regulations issued under authority of the Colorado Water Quality Control Act,as amended." This letter of credit is effective as of January 14, 2000,and shall expire on January 14, 2006, but such expiration date shall be automatically extended for a period of one year on January 14, 2006 and on each successive expiration date,unless,at least 120 days before the current expiration date,we notify both you and National Hog Farms, Inc.by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified,any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by both you and National Hog Farms, Inc.,as shown on the signed return receipts. • Whenever this letter of credit is drawn on under and in compliance with the terms of this credit,we shall duly honor such draft upon presentation to us,and we shall deposit the specified amount of the draft directly into the standby trust fund of National Hog Farms,Inc. in accordance with your instructions,unless an alternate mechanism has been established by the State of Colorado to directly receive monies.. This credit is subject to the most recent edition of the Uniform Customs and Practice for Documentary Credits,published by the International Chamber of Commerce. Authorized Signature Name: Brian T. O'Connell Title: Vice President Date: July 12, 2005 Unquote E j Very truly yours cf, ai��*�(:. Of n WELLS FARGO BANK,N.A. I3/422 • 1861 ` �6 Y • �® Pir BY: 6/ L UNTY CLE•K . THE BOARD (AUTHURIL D SIGNATURE) BRIAN T.O'CONNELL 1/4,VICE PRESIDENT DEPUTY CLE-K TO THE BOAR D Please note that the terms of this amendment are subject to your consent. Therefore,if the amendment is acceptable to you,please signify your agreement by signing the attached copy in the space provided and returning it to us by facsimile to fax no.415-296-8905 to the Attention of Bill Chiesa.Your agreement will signify that you have attached this amendment to the Letter of Credit dated January 14, 2000 and amendment no. 1 dated June 29,2004 and have forwarded the Letter of Credit in its entirety to the Colorado Department of Public Health and Environment at their address above. If it is not acceptable to you,please so advise us immediately. 2 ..m �, 7 - a � , shilSais June 8, 2005 Board of County Commissioners of Weld County and the Weld County Health Department 1517 16th Ave. Greeley, CO 80631 Dear Ladies and Gentlemen: Attached hereto is an Irrevocable Letter of Credit drawn on Wells Fargo Bank, N.A. which relates to the activities of National Hog Farms. Inc. National Hog Farms, Inc. has been working with the Colorado Department of Health with respect to the remediation of the property owned by National Hog Farms, Inc. The State of Colorado Health Department has asked that National Hog Farms, Inc. provide a letter of credit in order to secure the remediation efforts they have suggested relating to the National Hog Farms, Inc. property. I would appreciate your allowing the transfer of the letter of credit currently on deposit with Weld County to be transferred to the State of Colorado and to secure performance of remediation plan developed by the State of Colorado for National Hog Farms, Inc. Should you have any questions concerning this matter please contact me. Sincerely, Cervi Enterprises, In By: Mike Cervi, ent Office (970) 356-6000 PO Box 1930 C E RV I Fax (970) 356-6006 Greeley, CO 80632-1930 Home (303) 849-5533 COLLATERAL RELEASED IN CONJUNCTION WITH OTHER CASES SEE #2005-2091 Hello