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HomeMy WebLinkAbout20251408.tiffResolution Approve Certificate of Designation, CD24-0001 — Tire Mountain, LLC 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, on the 25th day of June, 2025, a public hearing was held in the Chambers of the Board of County Commissioners of Weld County, Colorado, for the purpose of considering whether to grant a Certificate of Designation, CD24-0001, to Tire Mountain, LLC, 12311 County Road 41, Hudson, Colorado 80642, said site to be located on the following described property: Being part of the SE1/4 of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado Whereas, said applicant was present, and Whereas, said request for a Certificate of Designation, CD24-0001, was submitted in relation to 8th Minor Amended Use by Special Review Permit, 8MUSR21-89-842, for a Tire Mono -fill and Tire Recycling Facility in the I-3 (Industrial) Zone District, which was administratively approved by the Department of Planning Services, and Whereas, C.R.S. §30-20-104, requires the Board to take into account certain factors to approve a Certificate of Designation and, having taken said factors into account, the Board finds as follows: 1. The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions. The facility has been in operation at some capacity since the 1980s and has maintained a consistency with the area's historical uses. Approval of this CD will allow operations to continue in accordance with the regulatory requirements and ensure that all mitigation measures are properly implemented. This will allow the site to maintain standards set forth in 8MUSR21-89-842 and the Solid Waste Act and the Solid Waste Regulations. 2. The convenience and accessibility of the solid waste disposal site and facility to potential users. The location of the proposed Solids Processing Facility for Exploration and Production wastes will be convenient and accessible to the potential users. There are only a limited number of facilities designated as monofill sites in Colorado. The strategic location of Tire Mountain, LLC, will serve as a valuable resource for both the Front Range region and the Denver metropolitan area. 3. The ability of the applicant to comply with the health standards and operating procedures provided for in this part 1 and such rules and regulations as may be cc:p�,(DE/MN/DA/KR\ CA(KK), 2025-1408 ASR(SCA APPL.• PL0456 .1/25X25 Certificate of Designation, CD24-0001 — Tire Mountain, LLC Page 2 prescribed by the department. The applicant has demonstrated in the submitted application materials that the use can comply with the Weld County Code. Further, the Colorado Department of Public Health and Environment (CDPHE) has recommended that the application be approved, with conditions, because the use can comply with the rules and regulations of CDPHE. 4. Recommendations by local health departments. The Colorado Department of Health and the Weld County Department of Public Health and Environment have reviewed this request and find, subject to conditions, the proposal will comply with the Standards of the Solid Waste Disposal Sites and Facilities Act, Section C.R.S. §30-20-100.5, et seq. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that a Certificate of Designation, CD24-0001, in relation to Use by Special Review Permit, 8MUSR21-89-842, for a Tire Mono -fill and Tire Recycling Facility in the 1-3 (Industrial) Zone District, on the hereinabove described real property, be, and hereby is, granted subject to the following conditions: 1. In accordance with Section 4 of the Solid Waste Regulations, third party financial assurance cost estimates for closure and post closure care (financial assurance cost estimate) must be submitted to the Division within 60 days of the issuance of the Certificate of Designation (the CD). Once the financial assurance estimates have been approved by the Division, the Facility will have 30 days to submit a financial assurance mechanism for review and approval. The financial assurance mechanism must be in -place and approved by the Division before the start of construction of the Facility. Pursuant to Section 4 of the Solid Waste Regulations, the financial assurance cost estimate must be adjusted annually to account for inflation or deflation by using the implicit price deflator for the gross domestic product. Additionally, the Facility must replace the original cost estimate every five (5) years unless otherwise required by the Division. Any CD that is issued for this proposed facility does not become effective until the required financial assurance requirements and mechanism have been fully implemented. 2. Compliance with this CD requires the owner/operator comply with the attached Engineering Design and Operations Plan (EDOP) and any future Department -approved EDOP conditions, including both Department -approved revisions or additions to the EDOP, and stand-alone plans necessary to comply with the Solid Waste Act and Regulations. Non-compliance of the EDOP, as revised, constitutes a violation of this CD. This CD need not be necessarily amended upon EDOP amendment, unless required by the local governing authority. The CDPHE reserves the right to make unilateral modifications to the EDOP language and conditions at any time during the life of the facility, including during the post closure care period. The CDPHE will attempt to consult with the local governing body prior to doing so. 2025-1408 PL0456 Certificate of Designation, CD24-0001 — Tire Mountain, LLC Page 3 3. In addition to complying with the Division's Solid Waste Regulations, the Facility must comply with all relevant federal, state, and local regulations, including, but not limited to, the appropriate requirements of the Division of Water Resources, Water Quality Control Division, and Air Pollution Control Division. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 25th day of June, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-1408 PL0456 �86��.` WEE COUNTY, CO MEMORANDUM To: Board of County Commissioners From: Maxwell Nader, Planning Manager Date: June 4, 2025 Re: Certificate of Designation (CD) for Tire Mountain, LLC Tire Mountain, LLC, 1249 River Rd., Unit 303, Cranbury, NJ 08512 is requesting a Certificate of Designation (CD) for a Tire Mono -Fill and Tire Recycling Facility located west of and adjacent to County Road 41, north of and adjacent to County Road 26 Section Line in the SE4 of Section 32, Township 3N, Range 65W, of the 6th P.M Weld County, CO. This is the site formerly owned by CH2E Colorado, LLC and Hudson Tireville, LLC. The site is permitted through Use by Special Review (8MUSR21-89-842) permit for a Site Specific Development Plan and 8th Amendment to a Use by Special Review Permit, USR-842, for a Solid Waste Disposal Site and Facility (Commercial Junkyard and Salvage Yard, including Tire Landfill, Storage, Shredding, and Recycling Facility), Manufacturing/Processing Facility (Crumb Rubber and a Recycling Process that uses a Closed Loop Cracker Process to Create Products), Tire Pyrolysis, Oil Storage, Onsite Oil Loading, Truck Loading Ramp, Shredding Facility, Temporary Tire Staging and Storage Areas, Temporary Tire Shred Staging and Storage Areas, Double Walled Baker Tank, a Silo, and Two (2) additional Storage Cells for Whole Waste Tires to include an amendment to Development Standard No. 19 in the I-3 (Heavy Industrial) Zone District. The site is currently not in operation. Tire Mountain, LLC has now applied for a Certificate of Designation, CD24-0001 pursuant to C.R.S. §30-20-104 and Weld County Code Chapter 12, Article VIII. In accordance with Chapter 12, Article VIII, Section 12-8-20.A.2 the property owner and/or operator is required to seek approval of a Certificate of Designation from the Board of County commissioners when there is a transfer of a solid waste disposal site or facility to a new owner or operator. The request was reviewed by the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division and in their letter dated April 8, 2025, which recommends that the Facility may be approved by Weld County, which specified conditions. Section 30-20-104 C.R.S. requires affirmation that certain factors to approve a Certificate of Designation have been taken into account and consideration. a. The effect that the so/id wastes disposa/ site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions. Page 1 The facility has been in operation at some capacity since the 1980s and has maintained a consistency with the area's historical uses. Approval of this CD will allow operations to continue in accordance with the regulatory requirements and ensure that all mitigation measures are properly implemented. This will allow the site to maintain standards set forth in the 8MUSR21-89-842 and the Solid Waste Act and the Solid Waste Regulations. b. The convenience and accessibility of the so/id waste disposa/ site and facility to potentia/ users. The location of the proposed Solids Processing Faci/ity for Exp/oration and Production wastes will be convenient and accessible to the potential users. There are only a limited number of facilities designated as monofill sites in Colorado. The strategic location of Tire Mountain LLC will serve as a valuable resource for both the Front Range region and the Denver metropolitan area. c. The abi/ity of the app/icant to comply with the health standards and operating procedures provided for in this part 1 and such rules and regulations as may be prescribed by the department. The app/icant has demonstrated in the submitted app/ication materials that the use can comply with the Weld County Code. Further, the Co/orado Department of Public Health and Environment (CDPHE) has recommended that the app/ication be approved, with conditions, because the use can comply with the rules and regulations of CDPHE. d. Recommendations by local health departments. The Co/orado Department of Health and the Weld County Health Department have reviewed this request and find, subject to conditions, the proposa/ wi// comply with the Standards of the So/id Waste Disposa/ Sites and Facilities Act, Section 30 20 100.5, et seq., C.R.S. Background and Timeline: August 25, 1976: The Use by Special Review Permit USR-305 (Reception #1697158) was approved and recorded for an auto salvage and wrecking yard and associated facilities on three of the four parcels associated with the current CD Request today. December 21, 1976: Z-110 Change of Zone from A (Agricultural) to I-3 (Heavy Industrial) rec. 1706456 January 25, 1989: Certificate of Designation for Tire Mountain Inc. Board of County Commissioners of Weld County, Colorado, that the application of Tire Mountain, Incorporated, for a Certificate of Designation purpose of hearing the application of Tire Mountain, Incorporated, for a Certificate of Designation to operate a solid waste disposal site for tires and scrap tire recycling facility is granted. Page 2 January 25, 1989: USR-842 The Site Specific Development Plan and Special Review Permit is for a tire landfill, storage, and recycling facility in the I-3 (Heavy Industrial) Zone District August 30, 1989: August 30, 1989: Certificate of Designation for Tire Mountain Inc. and WIXCO Services, Inc., Certificate of Designation was submitted in conjunction with a request for a Site Specific Development Plan and an amended Special Review Permit for a tire landfill, storage, recycling facility, and biomedical waste incineration facility in the I-3 (Heavy Industrial) Zone District which was approved by the Board Amended USR-842 Tire Mountain Inc., and WIXCO, Inc. Site Specific Development Plan and amended Special Review Permit is for a tire landfill, storage, recycling facility, and biomedical waste incinerator facility in the I-3 (Heavy Industrial) Zone District October 3, 1990: Amended Site Specific Development Plan and Special Review Permit is for a tire landfill, storage, and recycling facility in the I-3 (Heavy Industrial) Zone District October 3, 1990: Amended Certificate of Designation was submitted in conjunction with Amended Use by Special Review Permit#842 for a tire landfill, storage, and recycling facility which was approved by the Board July 10, 1991: A request for an amended Certificate of Designation was granted to Jamison Tool, Inc/Colorado Incineration Services, Inc. for the use to include (a solid waste disposal site for tires and scrap tire recycling facility and a biomedical waste incineration facility). The board approved this with the condition that it met the AMUSR-918 BOCC resolution, recorded map and development standards and all requirements of the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment. AMUSR-918 at this point in time had not met all conditions of approval as the 3.84 -acre parcel of land that the AMUSR-918 was to be approved on had still not been created through the Recorded Exemption Process. September 12, 1991: A 2 -Lot Recorded Exemption plat map was recorded for RE -1367 (Reception #2263003) officially splitting the roughly 40 -acre parcel that was the S2N2 SE4 Sec 32, T3N, R65W of the 6th P.M. Weld County, CO. The Exemption split the property into a 36 -acre Lot B that continued the use on site as a solid waste disposal site for tires and Page 3 scrap tire recycling and a 3.84 -acre Lot A that was used for the biomedical waste incineration site. AMUSR-918 was approved for the biomedical waste incineration site to be located only on Lot A and was approved and recorded in conjunction with this Recorded Exemption RE -1367 Plat. All lots were still owned by Jarrald Jamison and Colorado Incineration Services, Inc was the operator leasing Lot A. November 6, 1991: A revised Amended Use by Special Review map AMUSR-842 (Reception #2268363) was recorded showing the partial vacation of the amended USR from all of Lot A of Recorded Exemption RE -1367. The AMUSR-842 map included all of Lot B of Recorded Exemption RE - 1367 and the 40 -acre parcel that is the S2S2 SE4 Sec 32, T3N, R65W of the 6th P.M. Weld County, CO. April, 27, 1993: A Second Amended Use by Special Review map 2nd AMUSR-918 (Reception #02330550) was approved and recorded with changes to the site design and development standards for the biomedical waste incineration facility that was originally approved through AMUSR-918. There were no changes in ownership or the size or geometry of the lot. October 22, 2003: 2nd AmUSR-842 Site Specific Development Plan and Second Amended Use by Special Review Permit #842 is for a Solid Waste Disposal Site and Facility (Commercial Junkyard and Salvage Yard including tire landfill, storage and recycling facility) and a Mobile Home for Housing in the I-3 (Heavy Industrial) Zone District October 22, 2003: Certificate of Designation Estate of Jarrald Jamison Certificate of Designation was submitted in conjunction with an application for a Site Specific Development Plan and Second Amended Use by Special Review Permit#842 for a Solid Waste Disposal Site and Facility (Commercial Junkyard and Salvage Yard including tire landfill, storage and recycling facility) and a Mobile Home for Housing in the I-3 (Heavy Industrial) Zone District which was approved by the Board September 27, 2006: 3rd AmUSR-842 The Site Specific Development Plan and Third Amended Use by Special Review Permit #842 is for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard, including tire landfill, storage, shredding, and recycling facility), Heavy Manufacturing/ Processing Facility (cryogenic processing/crumb rubber) and a Mobile Home for Housing in the I-3 (Heavy Industrial) Zone District January 9, 2008: 2nd AmUSR-842 Action of the Board concerning suspension of Second Amended Use Page 4 by Special Review Permit #842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard including tire landfill, storage and recycling facility) and a Mobile Home for Housing in the I-3 (Heavy Industrial) Zone District, and Third Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard, including a tire landfill, storage, shredding, and recycling facility), Manufacturing/Processing Facility (cryogenic processing/crumb rubber), and a Mobile Home for housing in the I-3 (Heavy Industrial) Zone District November 3, 2009: 3rd AmUSR-842 Request of Dwain Immel, President of Tire Recycling, Inc., to withdraw the application for a Site Specific Development Plan and Third Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard, including a tire landfill, storage, shredding, and recycling facility}, Manufacturing/Processing Facility (cryogenic processing/crumb rubber), and a Mobile Home for housing in the I-3 (Heavy Industrial) Zone District, on the parcel of land described above be, and hereby is, denied November 21, 2013: MUSR13-0013 A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No. 3rd AmUSR-842 for a Solid Waste Disposal Site and Facility (Commercial Junkyard and Salvage Yard, including Tire Landfill, Storage, Shredding, and Recycling Facility), Manufacturing / Processing Facility (Cryogenic Processing/Crumb Rubber and Recycling Process that uses a Closed Loop Cracker Process to Create Products) and a Mobile Home for Housing in the I- 3 (Heavy Industrial) Zone District. February 29, 2016: A Minor amendment map to the use by special review was approved and recorded and called MUSR15-0015 (Reception #4184025) was approved and recorded. This minor amendment was done to change the use on the site to include a solid waste disposal site and facility (Commercial Junkyard and salvage yard including tire landfill, storage, shredding and recycling facility) Manufacturing/Processing facility (cryogenic processing/crumb rubber and recycling process that uses a closed loop cracker process to create by-products), a used oil and water concrete secondary containment and underground vault storage area for spill prevention, onsite oil loading, a truck loading ramp, a new shredding building, three (3) temporary tire shred storage areas, a double walled baker tank, a crumb rubber storage silo and Two (2) additional storage cells for whole waste tires in the I-3 Industrial zone district September 20, 2017: Certificate of Designation for CH2E Colorado, LLC, and Hudson Tireville, LLC Certificate of Designation was submitted in conjunction Page 5 with an application for 7th Amended Minor Use by Special Review Permit, #7MUSR16-89-842, for a Tire Mono -fill and Tire Recycling Facility in the I-3 (Heavy Industrial) Zone District, of which approval of the Certificate of Designation is a Condition of Approval for recording the final USR map November 30, 2017: May 12, 2022: April 10, 2023: August 5, 2024: October 3, 2024: April 8, 2025: 7MUSR16-89-842 map was recorded, reception number 4356606. CH2E Colorado was conditionally approved for another minor amendment to their Use by special review permit. The permit known as 8MUSR21-89-842 was approved by the Weld County Planning Department for a minor amendment to 7MUSR16-89-842, to add two (2) additional Storage Cells for Whole Waste Tires to include an amendment to Development Standard No. 19 (Tires received at the facility shall be placed into cells or processed upon receipt. Tires and tire products stockpiled above ground for processing shall be stockpiled for a time not to exceed 30 days. Tires and tire products will not be stored outside of the designated cells or storage areas. Aboveground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet) in the I- 3 (Heavy Industrial) Zone District. This modification did not affect the Certificate of Designation for CH2E Colorado, LLC, and Hudson Tireville, LLC as accepted by the Board of County Commissioners on September 20, 2017. Tire Mountain owned and operated by C2HE Colorado LLC was sold to Tire Mountain LLC. Tire Mountain LLC received a Compliance Order on Consent from the Colorado Department of Public Health and Environment (CDPHE). The purpose of this order is to bring the subject properties permitted under8MUSR21-89-842 into compliance, which includes the submittal of a new Certificate of Designation (CD) for ownership change. Tire Mountain LLC submitted the Certificate of Designation (CD), CD24-0001 application to the County who then forwarded to the CDPHE for review. Weld County received a recommendation of approval from CDPHE for the new Certificate of Designation (CD) associated with Tire Mountain LLC. Page 6 The Department of Planning Services recommends that the Board of County Commissioners approve the Certificate of Designation, CD24-0001 for Tire Mountain LLC subject to the following conditions: 1. In accordance with Section 4 of the Solid Waste Regulations, third party financial assurance cost estimates for closure and post closure care (financial assurance cost estimate) must be submitted to the Division within sixty (60) days of the issuance of the certificate of designation (the CD). Once the financial assurance estimates have been approved by the Division, the Facility will have thirty (30) days to submit a financial assurance mechanism for review and approval. The financial assurance mechanism must be in -place and approved by the Division before the start of construction of the Facility. Pursuant to Section 4 of the Solid Waste Regulations, the financial assurance cost estimate must be adjusted annual to account for inflation or deflation by using the implicit price deflator for the gross domestic product. Additionally, the Facility must replace the original cost estimate every five (5) years unless otherwise required by the Division. Any certificate of designation that is issued for this proposed facility does not become effective until the required financial assurance requirements and mechanism have been fully implemented. (Colorado Department of Public Health and Environment) 2. Compliance with this CD requires the owner/operator comply with the attached EDOP and any future Department -approved EDOP conditions, including both Department approved revisions or additions to the EDOP and stand-alone plans necessary to comply with the Solid Waste Act and Regulations. Non-compliance of the EDOP as revised constitutes a violation of this CD. This CD need not be necessarily amended upon EDOP amendment unless required by the local governing authority. CDPHE reserves the right to make unilateral modifications to the EDOP language and conditions at any time during the life of the facility, including during the post closure care period. CDPHE will attempt to consult with the local governing body prior to doing so. (Colorado Department of Public Health and Environment) 3. In addition to complying with the Division's Solid Waste Regulations, the Facility must comply with all relevant federal, state, and local regulations, including but not limited to the appropriate requirements of the Division of Water Resources, the Water Quality Control Division, and the Air Pollution Control Division. (Colorado Department of Public Health and Environment) Page 7 P w Board of County Commissioners June 25, 2025 t weld gov Tire Mountain, LLC c/o Ruck Campanella Maxwell Nader Certificate of Designation (CD) for Tire Mountain, LLC Applicant: Planner: Request: Legal Description: Lot S of Amended Recorded Exemption 1 AMRECX20-91- 1367 and all of the S2 of the SE4 all in section 32, T3N, Range 6 west of the 6th pm, Weld County, Colorado. Location: West of and adjacent to County Road 41, North of and adjacent to County Road 26 Section Line weld gov WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO 8MUSR21-89-842 The site is permitted through Use by Special 'Review (8MUSR21-89-842) permit for a Site Specific Development Plan and 8th Amendment to a Use by Special Review Permit, USR-842, for a Solid Waste Disposal Site and Facility (Commercial Junkyard and Salvage Yard, including Tire Landfill, Storage, Shredding, and Recycling Facility), Manufacturing/Processing Facility (.Crumb Rubber rand a Recycling Process that uses a Closed Loop Cracker Process to Create Products);Tire Pyrolysis, Oil Storage, Onsite Oil, Loading, Truck Loading Ramp, Shredding Facility, Temporary Tire Staging and Storage Areas, Temporary Tire Shred Staging and Storage Areas, Double Walled Baker Tank, a Silo, and Two (2) additional Storage Cells, for Whole Waste Tires to include an amendment to Development Standard No 1,9 in the l=3`(Heavy Industrial) Zone District The site is currently not in operation. weld gov� WELD COUNTY GOVERNMENT Department of Planning Services _.‘ 861 ,_ COUNTY, CO a U SR23-0039 1041 MAJOR FACILITY, 345KV • uSR-1311 SALlAGE YARI 6 REPAIR'. USR, 3-0001 MINERAL RES DENPOIL&GAS SUP WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO 8 M U S R21-89-842 LOT B AMENDED RECORDED EXEMPTION 1AMRECX20-91-1367: BEING PART OF THE SE4, AND THE S2S2 OF S2S2 SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M.. WELD COUNTY. COLORADO ,•4.• h7• N:_IJ• ..r. • r•r• .._ �•QI.w. .vtat..wi Y.iu•.\i ..y -- .• v -, y • -- 1 i r I I� -• 1 7 , / 1 da I :• S --4.•d I .! • snitmsra ^e•INat 40. ��• - .. _ _ - ` 1 1 (1 t 1 I,w4a••ir --.• --,, 3 • . PARCBL.32 J d V. i / 1 I. , --1 1 ar -f i 1 is • I 1 �- i.. 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IlMtY , CH2E COLORADO 8MUSR214394342 ele L or a rtifito f In the state of Colorado, a Certific to of Design • ti % yn (C®) is a tormiki rov i issued by a county for the location and °per •lion of a s ste *lisp =ass ai site or facility, such as: ®Solid waste landfills ®Transfer stations ®Composting operations ®Recycling facilities (in some cases) ®Hazardous waste treatment or disposal sites weld gov WELD COUNTY GOVERNMENT Department of Planning Services 1861./-a COUNTY, CO i • wale •IMF •svMM .reW••••w a ♦ • WELD COUNTY GOVERNMENT Department of Planning Services 861 /dr COUNTY, CO 111111111 1111111111!1 i 7:: • ... • .• • r• 'Vern 1111111 II I�' i u i•K • •l 4 gr-sd...w• r.,-. •p .. • .**1 �r SIM • i ' ti` • • )2,. • M • r •tle r TtZjt • '41 • •- ' i '114 ,Fr 1 1111111111111 II 1111111 III ir 111 _._,_ •• 4 as °✓ a 0101"07$74. lk �. • Department of • • Services couNn, co WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO Weld County Code Chapter 12, Article VIII Section 12-8-20.A.2 Procedures A. When review is required. The property owner and/or operator shall be required to seek approval of a Certificate of Designation from the Board of County Commissioners upon any of the following: 1: The development of anew solid waste disposal site or facility. 2. The transfer of a solid waste disposal site or facility to a new owner or operator. 1 The operator seeks a substantial change to the Engineering Design and Operations Plan (EDOP), as determined by the Director of the Weld County Department of Planning Services. _ 4. The operator desires to alter any condition of approval associated with a previously approved Certificate of Designation. 5. The operator's Certificate of Designation has been revoked. 'weld gov t 1 The Department of Planning Services recommends that the Board of County Commissioners prove the Certificate of Designation, CD24®®®®1 for Tire Mountain LLC subject to the conditions outlined by the Colorado Department of Public Health and Environment (CDPHE) and identified in the resolution. Weld County Referral April 16, 2025 Submit by Email The Weld County Department of Planning Services has received the following item for review: Applicant: Tire Mountain, LLC Case Number: CD24-0001 Please Reply By: May 7, 2025 Planner: Maxwell Nader Project: CERTIFICATE OF DESIGNATION - TIRE MOUNTAIN LLC - 8MUSR21-89-842 Parcel Number: 121332400038-R8969024 Legal: PART OF LOT B 1AMRECX20-91-1367, PART OF THE SE4 OF SECTION 32, T3N, R65W of the 6th P.M., Weld County, Colorado. Parcel Number: 121332000020-R4958786 Legal: S2S2 OF THE S2E2 OF SECTION 32, T3N, R65W of the 6th P.M., Weld County, Colorado. Parcel Number: 121332400037-R8969027 Legal: LOT B 1AMRECX20-91-1367, PART OF THE SE4 OF SECTION 32, T3N, R65W of the 6th P.M., Weld County, Colorado. Parcel Number: 121332400039-R8969025 Legal: PART OF LOT B 1AMRECX20-91-1367, PART OF THE SE4 SECTION 32, T3N, R65W of the 6th P.M., Weld County, Colorado. Location: West of and adjacent to County Road 41; north of and adjacent to County Road 26 Section Line The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. T We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Lauren Light - WCDPHE Date May 7, 2025 Agency Recommend adding 3 COA from April 8, 2025 CDPHE letter Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 TM COLORADO Department of Public Health & Environment Via Electronic Mail, c/o Weld County Board of Commissioners: kford@weld.gov April 8, 2025 Weld County Board of Commissioners c/o Karla Ford, BOCC Office Manager 1150 O Street P.O. Box 758 Greeley, CO 80631 RE: Recommendation for Approval of Certificate of Designation Application Tire Mountain, LLC located at 12311 County Road 41, Hudson, CO 80642 File: WLD129 CDPHERM HAZ SW Permitting Dear Honorable Commissioners, This letter is the formal response from the Hazardous Materials and Waste Management Division (the Division) regarding the Weld County's referral for technical review of an application for a certificate of designation, which was prepared by and submitted electronically by Tire Mountain LLC ("Tire Mountain") on November 21, 2024 through the Dropbox cloud storage service: • 00 Tire Mountain LLC - Compliance Order on Consent Status • 01 Tire Mountain LLC - Engineering Design Operations Plan (EDOP) - Specifically, the Tire Mountain LLC EDOP Version 001C March, 2025 • 02 Tire Mountain LLC - Closure Post Closure Plan - Specifically, the Tire Mountain LLC Closure Et Post Closure Plan Version 001C March, 2025 • 03 Tire Mountain LLC - Certificate of Designation (CD) Application Version 001C March, 2025 • 04 Tire Mountain LLC - Fire Prevention and Management Plan - Specifically, the Tire Mountain LLC Fire Prevention Et Management Plan Version 001C March, 2025 • 05 Tire Mountain LLC - Corporate Documents • 06 Tire Mountain LLC - Property Deed and Title The application is for the Tire Mountain facility located at 12311 County Road 41, Hudson, CO 80642, due to a change in the ownership of the facility. The application was made by Tire Mountain, LLC, the entity that would own and operate the facility. The Tire Mountain facility is a waste tire monofill and proposed waste tire processing facility (hereafter the Facility). The Division initiated a technical review of the application following a completeness determination issued by the Division on December 4, 2024. The Division reviewed the listed components of the application for compliance with the requirements set forth in the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, parts 1 and 10 (the Solid Waste Act) of the Colorado Revised Statutes (CRS), as amended, and with the regulations promulgated thereunder: the 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe Jared Polis, Governor I Jill Hunsaker Ryan, MPH, Executive Director Regulations Pertaining to Solid Waste Sites and Facilities, b CCR 1007-2, Part 1 (the Solid Waste Regulations). It is the determination of the Division that Tire Mountain LLC, as the owner and operator of the facility, can comply with technical, environmental, and public health standards of the Solid Waste Act and the Solid Waste Regulations if the Facility is constructed, operated, monitored and maintained as described in the Certificate of Designation Application and EDOP and with the Division's conditions of recommendation as stated below. Based on the Division's review and determination, the Division recommends, with conditions, that the Tire Mountain facility may be approved by Weld County based on these and any local criteria. The Division's recommendation for approval of the Application including the final revised EDOP (Version 001C March, 2025) has the following conditions that must be incorporated into the Certificate of Designation, if issued by the local governing authority: 1. In accordance with Section 4 of the Solid Waste Regulations, third party financial assurance cost estimates for closure and post closure care (financial assurance cost estimate) must be submitted to the Division within sixty (60) days of the issuance of the certificate of designation (the CD). Once the financial assurance estimates have been approved by the Division, the Facility will have thirty (30) days to submit a financial assurance mechanism for review and approval. The financial assurance mechanism must be in -place and approved by the Division before the start of construction of the Facility. Pursuant to Section 4 of the Solid Waste Regulations, the financial assurance cost estimate must be adjusted annual to account for inflation or deflation by using the implicit price deflator for the gross domestic product. Additionally, the Facility must replace the original cost estimate every five (5) years unless otherwise required by the Division. Any certificate of designation that is issued for this proposed facility does not become effective until the required financial assurance requirements and mechanism have been fully implemented. 2. Compliance with this CD requires the owner/operator comply with the attached EDOP and any future Department -approved EDOP conditions, including both Department approved revisions or additions to the EDOP and stand-alone plans necessary to comply with the Solid Waste Act and Regulations. Non-compliance of the EDOP as revised constitutes a violation of this CD. This CD need not be necessarily amended upon EDOP amendment unless required by the local governing authority. CDPHE reserves the right to make unilateral modifications to the EDOP language and conditions at any time during the life of the facility, including during the post closure care period. CDPHE will attempt to consult with the local governing body prior to doing so. 3. In addition to complying with the Division's Solid Waste Regulations, the Facility must comply with all relevant federal, state, and local regulations, including but not limited to the appropriate requirements of the Division of Water Resources, the Water Quality Control Division, and the Air Pollution Control Division. Please also note that provisions of the Solid Waste Act found at CRS 30-20-104 reserve certain factors for consideration solely by the local governing authority as part of the review of a certificate of designation application. Accordingly, the Division's review is not intended to, nor did it, consider those local land use provisions. CRS 30-20-104 also warrants careful consideration by the local Page 2 of 3 Shana Baker Date 2025.04.09 07:06:24 -06'00' Shana Baker Waste Tire Compliance Unit Hazardous Materials and Waste Management Division governing authority as it contains key procedural requirements for the issuance of a certificate of designation related to the timing of public notice and the public hearing. If the application is approved, the final EDOP, and the issued certificate of designation or resolution containing the certificate of designation, must be placed in the Facility's operating record. Please provide a copy of any decision by Weld County to the undersigned. Should you have any questions about this recommendation or the conditions of if you would like to discuss the facility Application, feel free to contact me at Shana Baker by email at shana.baker@state.co.us orJill Parisi byemailatiill.parisi@state.co.us. Sincerely, Digitally signed by Shana Digitally signed by Jill Baker Jill Parisi Parisi Date: 2025.04.08 15:54:20 -06'00' Jill Parisi, P.E. Solid Waste Permitting Engineering Design Unit Hazardous Materials and Waste Management Div. ec: Jason Maxey, District 1, jmaxey@weld.gov Scott James, District 2, Pro-Tem, sjames@weld.gov Lynette Peppier, District 3, 1peppler@weld.gov Kevin Ross, At -Large, kross@weld.gov Perry Buck, At -Large, Chair, pbuck@weld.gov Maxwell Nader - WCDPS Nick Campenella, Tire Mountain LLC Jaime Kostera, Tire Mountain LLC Shelly Hickerson - AGO Jonathon Lubrano - AGO Dave Sutton - PGFPD Brian Gaboriau - CDPHE David Snapp - CDPHE Tracie White - CDPHE Page 3 of 3 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION COMPLIANCE ORDER ON CONSENT Number: 24-08-02-01 IN THE MATTER OF TIRE MOUNTAIN LLC The Colorado Department of Public Health and Environment ("CDPHE"), through the Hazardous Materials and Waste Management Division ("Division"), issues this Compliance Order on Consent ("Consent Order"), pursuant to the Division's authority under section 30-20- 113, C.R.S. of the Colorado Solid Wastes Disposal Sites and Facilities Act ("the Act") sections 30-20-100.5 to 124, C.R.S., and its implementing regulations, 6 CCR 1007-2 ("the Regulations"), and section 30-20-1401 through 30-20-1417, C.R.S. (Strategies for Waste Tires). Collectively, the Solid Waste Act and the Strategies for Waste Tires statute are referred to as the "Acts". This Consent Order is issued with the express consent of Tire Mountain LLC ("Tire Mountain") . STATEMENT OF PURPOSE 1. The mutual objectives of the Division and Tire Mountain in entering into this Consent Order are: a. To establish compliance requirements and criteria for the continued operation of Tire Mountain waste tire monofill facility located at 12311 Weld County Road 41, Hudson, CO 80642 in Weld County, Colorado (the "Facility") b. To resolve the violations of the Act and the Regulations cited herein and in a Compliance Advisory and Inspection Report issued to Tire Mountain by the Division on October 19, 2023 and findings from the June 5 and June 18, 2024 inspections at the Facility. Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 1 of 20 DIVISION'S FINDINGS OF FACT AND DETERMINATION OF VIOLATIONS 2. Based upon the Division's investigation into and review of the compliance issues identified herein, and in accordance with section 30-20-113, C.R.S., the Division has made the following determinations regarding violations of the Act and the Regulations associated with Tire Mountain and the Facility. 3. Tire Mountain is a Colorado limited liability company in good standing and registered to conduct business in the State of Colorado. Colorado Secretary of State Business Center records list the formation date of the company as December 13, 2022. The principal street address and mailing address location for Tire Mountain is 1249 S River Rd Unit 303, Cranbury, NJ 08512. 4. Tire Mountain owns a waste tire monofill facility located at 12311 WCR 41, Hudson, CO 80642 in Weld County, Colorado. The Facility includes sixty-seven (67) monofill cells, including seven (7) cells that were in the process of being closed. The Facility also has a truck loading ramp and scale, tire shredding equipment, tire staging and storage areas. Based on 2022 waste tire facility annual reporting records (Form WT -5), 313,605 tons of waste tires (approximately 27.8 million waste tires) are being stored at the Facility as estimated by the Department. 5. Tire Mountain purchased the Facility from CH2E Colorado LLC in April 2023 and has continuously owned the Facility since that date. The approximately 105 -acre Facility site is located in Section 32, Township 3 North, Range 65 West of the 6th Principal Meridian in Weld County, Colorado. Weld County Assessor Records indicate that Tire Mountain's Facility consists of the following parcels: a. Parcel 121332000020 (Account R4958786) - 39.5 acres b. Parcel 121332400037 (Account R8969027) - 37.6 acres c. Parcel 121332400038 (Account R8969024) - 5.347 acres d. Parcel 121332400039 (Account R8969025) - 22.696 acres 6. Tire Mountain is a "person", as defined by section 30-20-101(3), C.R.S. and 6 CCR 1007-2, § 1.2, and is subject to the requirements of the Act and the Regulations. 7. Tire Mountain is the current "owner" and "operator" of the Facility, as those terms are defined by 6 CCR 1007-2, section 1.2. 8. The Board of County Commissioners for Weld County, Colorado (the "Board") is the governing body having jurisdiction over the Facility. 9. The Weld County Board of County Commissioners has not to date issued a Certificate of Designation to Tire Mountain for its operations as a waste tire monofill and tire recycling facility., 10. Tire Mountain does not to date have a Certificate of Registration from the Department for the Facility. Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 2 of 20 11. On September 28, 2023, the Division conducted an inspection, pursuant to the Division's authority under section 30-20-113(6), C.R.S., at the Facility for the purpose of determining compliance with the Act and the Regulations, and to investigate a complaint that waste tire haulers have been delivering waste tires to Tire Mountain for disposal. The September 28, 2023 inspection was a joint inspection conducted with the Weld County Department of Public Health and Environment and the Platteville-Gilcrest Fire Protection District. 12. Findings documented in the Division's inspection report from the September 28, 2023 inspection included the following: a. Tire Mountain does not to date possess a valid Certificate of Designation (CD) issued by Weld County for the operation of the waste tire monofill Facility and had not submitted an application to Weld County to obtain a new CD for the Facility. b. Tire Mountain does not to date have an approved Engineering Design and Operations Plan (EDOP) for the Facility. c. Tire Mountain does not to date have an approved Waste Tire Inventory Reduction Plan for the Facility. d. Tire Mountain does not to date have a Fire Prevention, Training and Firefighting Plan that has been approved by the local fire jurisdiction (Plafteville-Gilcrest Fire Protection District) for the Facility, e. Tire Mountain does not to date have an approved Closure and Post -Closure Plan for the Facility. f. Tire Mountain has not to date established its own financial assurance for any required reclamation and closure and post -closure care of the Facility g. Tire Mountain does not to date possess a valid Certificate of Registration from the Department for the Facility. h. The Division estimates that Tire Mountain was storing approximately 187,513 passenger tire equivalents (PTEs), including waste tires and tire shreds, in aboveground piles at the Facility. i. Tire Mountain was out of compliance with local fire codes (2018 International Fire Code Chapter 34 — Tire Rebuilding and Tire Storage) for the storage of waste tires, waste tire shreds, waste tire casings, and tire wire at the Facility. Waste Lire storage violations noted at the time of inspection included the following: 1) Multiple waste tire piles {Storage Areas SA -3 & SA -6 (18,407 square feet) and SA -5 and SA -8 (32,038 square feet)} exceeded the 5,000 square feet limit of continuous area. 2) A minimum separation space of 40 feet was not being maintained between waste storage areas SA -3 and SA -6; SA -5 and SA -8; and the tire wire pile directly adjacent to the continuous SAS-5/SA-8 waste tire piles. 3) A minimum distance of 50 feet or greater from the property line was not being maintained for the storage of waste tires at the Facility. Waste tires were being stored against the property line at the time of inspection. j. Tire Mountain was out of compliance with the requirement to control the growth of vegetation at the Facility to minimize potential fuel sources and maintain the Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 3 of 20 monofill's fire access roads. An excessive amount of vegetation and dry vegetation growth was present throughout the Facility including at the northeast (SA-3/SA-6, SA -4, SA -5, SA -7, SA -8, and the tire casings pile) and southeast (SA -9) storage areas. Excessive dry vegetation was also observed throughout the Facility's (southeast, southwest, northwest, and middle section) monofill fire access roads and along the monofill cells perimeter, resulting in access roads that were not maintained. k. Tire Mountain was out of compliance with the requirement to maintain the integrity and effectiveness of the final cover of monofill cells. Seven waste tire monofill cells that were impacted by a July 2020 fire (monofill cells 14-17 and 25-27) had not been completely closed in place. In addition, monofill cells 14-17 and 25-27 had waste tires that were sticking up from the dirt and the area was not at grade. 13. On October 19, 2023, the Division issued a Compliance Advisory to Tire Mountain for the deficiencies of the Acts and the Regulations observed at the time of the September 28, 2023 inspection of the Facility. 14. On November 14, 2023, the Division received Tire Mountain's reply to the October 19, 2023 Compliance Advisory. 15. On December 19, 2023 the Division held a Compliance Conference with Tire Mountain to discuss the September 28, 2023 inspection, the October 19, 2023 Compliance Advisory, and the current status of the Facility. 16. On February 1, 2024, the Division issued a draft Compliance Order on Consent ("Consent Order") to Tire Mountain regarding the deficiencies cited in the October 19, 2023 Compliance Advisory. The Compliance Order on Consent incorporated the then - statutory monofill closure date of July 1, 2024, with the option for Tire Mountain to apply for a further extension. 17. On February 23, 2024, the Division received a Compliance Inspection and Advisory Status Report from Tire Mountain regarding the Facility's progress in addressing the deficiencies documented in the October 19, 2023 Compliance Advisory. A March 2024 status report for the Facility was received from Tire Mountain by the Division on March 19, 2024. 18. On April 25, 2024, the Division held a settlement conference with Tire Mountain to discuss the draft Consent Order and the likelihood of impending legislation passing in the Colorado Legislature to address an expanded Facility closure date. 19. On May 3, 2024, the Division issued another Compliance Order on Consent (Compliance Order on Consent Number 24-05-03-01 to Tire Mountain for signature. Tire Mountain Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 4 of 20 did not sign the Consent Order and the Order became null and void thirty days after issuance. 20. On May 21, 2024, Tire Mountain submitted a third -party closure and post -closure cost estimate for the Facility. The third -party cost estimate was based on the site's prior Closure and Post -Closure Plan submitted by CH2E and approved by the Division on January 7, 2022. 21. On June 12, 2024, the Division notified Tire Mountain that a new cost estimate based on current site conditions is required as part of Tire Mountain CD application, because site conditions and ownership at the Facility have changed since CH2E's Closure and Post - Closure Plan was approved by the Division on January 7, 2022. 22. On June S, 2024, the Division conducted an unannounced, complaint, open fields inspection at the Facility in response to complaints received that Tire Mountain was receiving waste tires from haulers and waste tires were being processed. Findings documented in the Division's inspection report from the June 5, 2024 inspection included the following: a. Exhaust was coming from processing equipment that was on Tire Mountain's property. b. An excavator was in use at a waste tire pile. c. Shredded waste tires were present next to a conveyor belt, tire shredder, and excavator. 23. On June 18, 2024, the Division conducted an unannounced, complaint, enforcement follow-up inspection at the Facility to verify the Facility's current compliance status with the Acts and the Regulations, and to investigate complaints received by the Division regarding the receipt and processing of waste tires at the Facility without having the proper solid waste registrations and permits. The June 18, 2024 inspection was a joint inspection conducted with the Platteville-Gilcrest Fire Protection District. Prior to the June 18, 2024 inspection, the State's Division of Fire Prevention & Control provided drone video footage to the Division documenting active tire shredding operations taking place at the Facility on June 14, 2024. The drone footage shows a track hoe delivering waste tires to a tire shredder and the tire shredder shredding the tires and piling the shreds on the ground via conveyor belt. 24. Findings documented in the Division's July 2024 inspection report from the June 5 and June 18, 2024 inspections included the following: a. Tire Mountain does not to date possess a valid Certificate of Designation (CD) issued by Weld County for the operation of the waste tire monofill Facility and had not submitted an application to Weld County to obtain a new CD for the Facility. b. Tire Mountain does not to date have an approved Engineering Design and Operations Plan (EDOP) for the Facility to operate a waste tire monofill or process waste tires. c. Observation of processing waste tires by shredding waste tire piles and depositing Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 5 of 20 the processed tire shreds over the monofill cells tires for cover without having an approved EDOP for a waste tire processor. d. Tire Mountain does not to date have an approved Waste Tire Inventory Reduction Plan for the Facility. e. Tire Mountain does not to date have a Fire Prevention, Training and Firefighting Plan that has been approved by the local fire jurisdiction (Platteville-Gilcrest Fire Protection District) for the Facility, f. Tire Mountain does not to date have an approved Closure and Post -Closure Plan for the Facility to operate a waste tire monofill or process waste tires. g. Observation of waste tire monofill cell closure activities without having an approved Closure and Post -Closure Plan, as waste tires were being shredded and deposited as processed tire shreds over the monofill cells tires for cover. h. Tire Mountain has not to date established financial assurance for any required reclamation and closure and post -closure care of the Facility. i. Tire Mountain does not possess a valid Certificate of Registration as a waste tire monofill or waste tire processor from the Department for the Facility. j. The Division estimates that Tire Mountain was storing approximately 137,253 passenger tire equivalents (PTEs) in seven (7) aboveground piles at the Facility. a. East Pile 1:24,462 PTEs b. East Pile 2: 23,458 PTEs c. East Pile 3 (small pile): 50 PTEs d. East Pile 4: 27,451 PTEs e. East Pile 5: 18,560 PTEs f. North Pile 1:29,333 PTEs g. North Pile 2: 13,938 PTEs k. Tire Mountain was out of compliance with local fire codes (2018 International Fire Code Chapter 34 — Tire Rebuilding and Tire Storage) for the storage of waste tires at the Facility. Waste tire storage violations noted at the time of inspection included the following: a. Multiple waste tire piles {East Pile 1 (8,256 square feet), East Pile 2 (7,917 square feet), East Pile 4 (7.802 square feet), East Pile 5 (6,264 square feet), and North Pile 1 (5,280 square feet)} exceeded the 5,000 square feet limit of continuous area. b. The North Pile 1 (15 feet in height) and North Pile 2 (12 feet in height) waste tire piles exceeded 10 feet in height limit. c. A minimum separation space of 40 feet was not being maintained between the North Pile 1 and North Pile 2 waste tire piles (27 feet between the two piles). d. A minimum distance of 50 feet or greater from the property line was not being maintained for the storage of waste tires at the Facility. Waste tires in the East Pile 4 were being stored against the property line at the time of inspection, and there was less than 50 feet of separation between the waste tire piles in the North 1 and North 2 Piles from the northern property line. e. Tire Mountain was out of compliance with the requirement to control the growth of vegetation at the Facility to minimize potential fuel sources and maintain the monofill's fire access roads. Vegetation growth was present Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 6 of 20 around the perimeter of the East Tire 2 and East Pile 5 waste tire piles. Vegetation growth was also observed throughout the Facility's (southeast, southwest, northwest, and middle section) monofill fire access roads and vegetation growth was present in monofill cells (middle section of the monofill). On the southwest side of the property, the fire access roads for monofill cells 40 and 41 were uneven/not at grade and large tires were present in the fire access road between monofill cells 41 and 42, resulting in access roads that were not maintained. f. Tire Mountain was out of compliance with the requirement to maintain the integrity and effectiveness of the final cover of monofill cells. Seven waste tire monofill cells that were impacted by a July 2020 fire (monofill cells 14-17 and 25-27) had not been completely closed in place. In addition, monofill cells 14-17 and 25-27 had waste tires that were sticking up from the dirt and the area was not at grade. 25. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire Mountain failed to possess a valid Certificate of Designation as a waste tire monofill for the Facility, in violation of C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 1.3.3, 1.3.5, and 10.5.1(A). 26. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire Mountain failed to have a Department -approved Engineering Design and Operations Plan for the Facility to operate a waste tire monofill, in violation of C.R.S. Section 30-20- 1415(1)(d) and 6 CCR 1007-2, Sections 1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8. 27. At the time of the June 5, 2024 and June 18, 2024 inspections, Tire Mountain failed to have aDepartment-approved Engineering Design and Operations Plan for waste tire processing that was occurring at the Facility in violation of C.R.S. Section 30-20- 1412(1)(d) and 6 CCR 1007-2, Section 10.6.9. 28. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire Mountain failed to have a Department -approved Waste Tire Inventory Reduction Plan for the Facility, in violation of C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8. 29. At the time of the September 28, 2023inspection, Tire Mountain failed to have a Fire Prevention, Training and Firefighting Plan that has been approved by the local fire jurisdiction for the Facility for the waste tire monofill, in violation of C.R.S. Section 30- 20-1415(1)(d) and 6 CCR 1007-2, Sections 10.5.1(B), 10.5.1(N), and 10.5.8. 30. At the time of the June 5 and June 18, 2024 inspections, Tire Mountain failed to have a Fire Prevention, Training and Firefighting Plan that has been approved by the local fire jurisdiction for the Facility to process waste tires, in violation of C.R.S. Section 30-20- 1415(1)(d) and 6 CCR 1007-2, Section 10.6.9. Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 7 of 20 31. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire Mountain failed to have aDepartment-approved Closure and Post -Closure Plan for the Facility to operate a waste tire monofill, in violation of C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 2.5, 2.6, 10.5.1(B), 10.5.9(A), 10.5.9(B) and 10.5.9(C). 32. At the time of the June 5, 2024, and June 18, 2024 inspections, Tire Mountain failed to have a Department -approved Closure and Post -Closure Plan for the Facility to process waste tires, in violation of C.R.S. Section 30-20-14125(1)(d) and 6 CCR 1007-2, Section 10.6.10. 33. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire Mountain had failed to establish and maintain financial assurance for any required reclamation and closure and post -closure care of the Facility, in violation of C.R.S. Section 30-20-1415(1)(a) and 6 CCR 1007-2, Sections 2.4.2(G), 4.0, 10.5.1(B), and 10.5.5. 34. At the time of the June 5, 2024, and June 18, 2024 inspections, Tire Mountain had failed to establish and maintain financial assurance for waste tire processing occurring at the Facility, in violation of C.R.S. Section 30-20-1412(1)(a) and 6 CCR 1007-2, Sections 4.0 and 10.6.6. 35. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire Mountain failed to possess a valid Certificate of Registration as a waste tire monofill for the Facility, in violation of C.R.S. Section 30-20-1415(1)(b) and 6 CCR 1007-2, Section 10.5.2. 36. At the time of the June 5, 2024, and June 18, 2024 inspections, Tire Mountain failed to possess a valid Certificate of Registration as a waste tire processor for the Facility, in violation of C.R.S. Section 30-20-1412(1)(b) and 6 CCR 1007-2, Section 10.6.3 37. At the time of the September 28, 2023 inspection, Tire Mountain were storing more than 187,000 waste tire passenger tire equivalents in aboveground piles at the Facility, in violation of C.R.S. Section 30-20-1412(2)(a) and 6 CCR 1007-Z, Section 10.6.2(I). 38. At the time of the June 18, 2024 inspection, Tire Mountain were storing an estimated 137,253 waste tire passenger tire equivalents in seven (7) aboveground piles at the Facility, in violation of C.R.S. Section 30-20-1412(2)(a) and 6 CCR 1007-2, Section 10.6.2(I). 39. At the time of the September 28, 2023 and June 18, 2024 inspections, Tire Mountain had failed to comply with local fire codes (2018 International Fire Code Chapter 34 — Tire Rebuilding and Tire Storage) regarding the storage of piles of waste tires at the Facility, in violation of C.R.S. 30-20-1412(1)(d) and 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 10.5.1(C), 10.5.1(N), 10.6.2(A), and 10.6.2(L) and Sections 3405.1, 3405.2 and 3405.4 of Chapter 34 of the 2018 International Fire Code. The specific violations of the Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 8 of 20 2018 International Fire Code cited at the time of the September 28, 2023 and June 18, 2024 inspections included: a. Section 3405.1 — Individual piles — Waste tire piles exceeded 5,000 square feet of continuous area and waste tire piles were above 10 feet in height. b. Section 3405.2 — Separation of piles — Waste tire piles were not separated from other piles by a clear space of not less than 40 feet. c. Section 3405.4 — Distance from lot lines and buildings — Waste tires were not stored at a distance of 50 feet or greater from the property line. 40. At the time of the September 28, 2023 and June 18, 2024 inspections, Tire Mountain had failed to control the growth of vegetation at the Facility to minimize potential fuel sources and maintain the monofill's fire access roads, in violation of 6 CCR 1007-2, Sections 10.5.1(C), 10.5.1(D), 10.5.1(N), 10.6.2(B), and 10.6.2(L). 41. At the time of the September 28, 2023 and June 18, 2024 inspections, Tire Mountain had failed to maintain the integrity and effectiveness of the final cover of monofill cells, in violation of 6 CCR 1007-2, Section 10.5.9. TIRE MOUNTAIN'S POSITION ON VIOLATIONS 42. The Facility is planning to be transformed into a beneficial tire recycling operation that utilizes a pyrolysis process in accordance with Senate Bill 24-123 enacted into law by the Colorado Legislature (Sections 30-20-1401 - 30-20-1418)(the "Waste Tire Management Enterprise Act" or the "Act"). 43. Any delay alleged by the Division according to paragraph 19 regarding the execution of a Consent Order was as a result of Tire Mountain awaiting a final determination regarding the expected legislation and retention of legal counsel as well as the unwillingness of the Division to modify the closure date expressed in the prior Consent Order to 2034 as directed by the Legislation rather 2024 than 2026. 44. Tire Mountain was not operating as alleged by the Division during the inspections that took place on June 5 and June 18, 2024, and was unaware of and never authorized any receipt of tires from haulers or the processing via shredding that is alleged to have occurred at the Facility on the dates of inspection. 45. Although the Division has alleged that Tire Mountain has not provided financial assurance, as correspondence between Tire Mountain and the Division aptly demonstrates, Tire Mountain offered a bond in a greater amount to replace the cash provided as financial assurance by the prior owner of the Facility that is currently held by the Division. 46. As part of the transaction between Tire Mountain and the prior owner, the cash held by the Division was to be assigned to and received by Tire Mountain once financial assurance was provided by Tire Mountain and approved by the Division. Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 9 of 20 47. Tire Mountain has always intended to apply (and is currently preparing to apply) for a Certificate of Designation and Certificate of Registration and to finalize and provide the Division and Weld County with the additional pertinent documents. 48. The Division finds that Tire Mountain's position statement is not consistent with the information gathered during the Division's inspections and investigation of the incidents described herein, and the inclusion of Tire Mountain's position statement in this order should not be construed to constitute any admission or agreement by the Division as to the content of the position statement. ORDER AND AGREEMENT 49. Based on the foregoing factual and legal determinations, pursuant to its authority under section 30-20-113, C.R.S., and as a result of the violations cited herein, the Division orders the Parties to comply with all provisions of this Consent Order, including all requirements set forth below. 50. Tire Mountain agrees to the terms and conditions of this Consent Order. Tire Mountain agrees that this Consent Order constitutes an order issued pursuant to section 30-20-113, C.R.S., and is an enforceable requirement of Part 1 of the Act. Tire Mountain also agrees not to challenge directly or collaterally, in any judicial or administrative proceeding brought by the Division to enforce this Consent Order or by Tire Mountain against the Division: a. the issuance of this Consent Order; b. the factual and legal determinations made by the Division herein; and c. the Division's authority to bring, or the court's jurisdiction to hear, any action to enforce the terms of this Consent Order under the Act. 51. Notwithstanding the above, Tire Mountain does not admit to any of the factual or legal determinations made by the Division herein, and any action undertaken by Tire Mountain pursuant to this Consent Order shall not constitute evidence of fault by Tire Mountain with respect to the conditions of the Facility. Tire Mountain expressly reserves its rights to deny any of the Division's factual or legal determinations or defend itself in any proceeding relating to the information identified in this Consent Order. Compliance Requirements 52. By October 29, 2024, Tire Mountain shall submit an application to Weld County for a new Certificate of Designation for the Facility in accordance with C.R.S. Section 30-20- 1415(1)(d) and 6 CCR 1007-2, Sections 1.3.3, 1.3.5, and 10.5.1(A). The CD application must include: a. An Engineering Design and Operations Plan (EDOP) in accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8, and 10.6.9; Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 10 of 20 b. A Fire Prevention, Training and Firefighting Plan in accordance with C.R.S. Sections 30-20-1412(1)(d) 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 10.5.1(B), 10.5.1(N), and 10.5.8, and 10.6.9. c. A Waste Tire Inventory Reduction Plan in accordance with C.R.S. Section 30-20- 1415(1)(d) and 6 CCR 1007-2, Sections 1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8; d. A closure and post -closure plan in accordance with C.R.S. Section 30-20- 1415(1)(d) and 6 CCR 1007-2, Sections 2.5, 2.6, 10.5.1(B), 10.5.9(A), 10.5.9(B) and 10.5.9(C) for a phased closure of the waste tire monofill at the Facility by July 1, 2034, e. A closure and post -closure plan in accordance with C.R.S. Section 30-20- 1412(1)(d) and 6 CCR 1007-2, Section 10.6.10 for waste tire processing at the Facility by July 1, 2034, and E A detailed written estimate on the costs of hiring a third party to close the facility and conduct post -closure care of the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(a) and 30-20-1415(1)(a) and 6 CCR 1007-2, Sections 4.2, 4.3, 10.5.5, and 10.6.6. 53. Within thirty (30) calendar days of the Department's approval of the revised financial assurance cost estimates for closure and post -closure care of the Facility, Tire Mountain will establish and maintain the required financial assurance for the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(a), 30-20-1412(2)(a), and 30-20-1415(1)(a) and 6 CCR 1007-2, Sections 4.6, 10.5.5, 10.6.2(I), and 10.6.6. 54. Within thirty (30) calendar days of establishment of financial assurance for the Facility and Department approval of the Facility's EDOP, Tire Mountain shall obtain a valid Certificate of Registration from the Department for the total operations at the Facility in accordance with C.R.S. Sections 30-20-1412(1)(b) and 30-20-1415(1)(b) and 6 CCR 1007-2, Sections 10.5.2, and 10.6.3. 55. By August 30, 2024, Tire Mountain shall ensure that the Facility is in compliance with the local fire codes (2018 International Fire Code Chapter 34 — Tire Rebuilding and Tire Storage) for the storage of waste tires and aboveground storage piles at the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20-1415(1)(d) and 6 CCR 1007-2, Section 10.5.1(C), 10.5.1(N), 10.6.2(A), and 10.6.2(L). Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. 56. By August 30, 2024, Tire Mountain shall ensure that the growth of vegetation at the Facility is controlled to minimize potential fuel sources, and will maintain the Facility's fire access roads, in accordance with 6 CCR 1007-2, Sections 10.5.1(C), 10.5.1(D), 10.5.1(N), 10.6.2(B), and 10.6.2(L). The Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. 57. By October 1, 2024, Tire Mountain shall repair the damaged cover for monofill cells 14- 17 and 25-27 and shall ensure that the integrity and effectiveness of the final cover of Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 11 of 20 monofill cells at the Facility are maintained in accordance with 6 CCR 1007-2, Section 10.5.9. Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. 58. Beginning August 30, 2024 and continuing through the completion of all compliance requirements of this Consent Order, Tire Mountain shall submit brief progress reports in writing to the Division, each quarter no later than the 10th day of the first month of each quarter, which include the following information: a. A summary description of all waste tire activities and monofill cell closure activities performed during the previous month, including the estimated number of waste tires removed from the Facility, and the estimated number of waste tires remaining at the Facility; b. Copies of manifest records in accordance with Section 10.3.4 of the Regulations to document that all waste tires removed from the Facility were removed by a registered Waste Tire Hauler and delivered to a registered waste tire destination facility; c. Copies of other records, including, but not limited to bills of lading, receipts, weight tickets, manifests, or other documentation showing that all tire -derived products were sold to an in -state End User in accordance with Section 10.9 or to an out of state end user; and d. A summary description of activities expected to be performed in the upcoming month. 59. All documents submitted under this Consent Order shall use the same titles as stated in this Consent Order and shall reference both the number of this Consent Order and the number of the paragraph pursuant to which the document is required. No plan submitted for Division approval under this Consent Order may be implemented unless and until written approval is received from the Division. Any approval by the Division of a plan submitted under this Consent Order is effective upon receipt by Tire Mountain. All approved plans, including all procedures and schedules contained in the plans, are hereby incorporated into this Consent Order, and shall constitute enforceable requirements under the Act. Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 12 of 20 Administrative Penalty 60. Based upon the penalty adjustment factors set forth in the Division's Solid Waste Penalty Policy, and consistent with other Departmental policies for violations of the Act and its implementing regulations, the Division and the Parties agree to the assessment of Fifteen Thousand ($15,000) in administrative penalties. The Parties agree to make the full payment within sixty (60) calendar days of the effective date of this Consent Order. Method of payment shall be by certified or cashier's check drawn to the order of "Colorado Department of Public Health and Environment," and delivered to the attention of Randy Perila, Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division, Mail Code: HMWMD-B2, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. SCOPE AND EFFECT OF CONSENT ORDER 61. Tire Mountain agree and acknowledge that this Consent Order constitutes a full and final settlement of the violations cited herein. This Consent Order is final agency action. Tire Mountain agrees not to appeal this Consent Order. The Division may enforce this Consent Order in District Court and may seek civil penalties of up to Ten Thousand Dollars ($10,000) per violation each day of any violation of this Consent Order. Alternatively, the Division may seek administrative penalties for any violation of this Consent Order as provided by section 30-20-113, C.R.S. 62. The Division's and the Tire Mountain's obligations under this Consent Order are limited to the matters expressly stated herein or in approved submissions required hereunder. All approved submissions made pursuant to this Consent Order are incorporated into this Consent Order and become enforceable under the terms of this Consent Order as of the date of approval by the Division. 63. The Division's approval of any submission, standard, or action under this Consent Order shall not constitute a defense to, or an excuse for, any prior violation of the Act not specifically cited herein, or any subsequent violation of any requirement of this Consent Order, the Act, or the Regulations. 64. Notwithstanding paragraph 51 above or 68 below, the violations described in this Consent Order will constitute part of the Tire Mountain's compliance history. 65. Tire Mountain shall comply with all applicable Federal, State, and/or local laws in fulfillment of its obligations hereunder and shall obtain all necessary approvals and/or permits to conduct the activities required by this Consent Order. The Division makes no representation with respect to approvals and/or permits required by Federal, State, or local laws other than those specifically referred to herein. Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 13 of 20 LIMITATIONS, RELEASES AND RESERVATION OF RIGHTS AND LIABILITY 66. Upon the effective date of this Consent Order, and until the Division approves completion of all required actions in this Consent Order, this Consent Order shall stand in lieu of any other enforcement action by the Division with respect to the specific instances of violations cited herein and in the compliance advisory cited in paragraph 1.b. The Division reserves the right to bring any action to enforce this Consent Order, including actions for penalties and/or injunctive relief. 67. This Consent Order does not grant any release of liability for any violations not specifically cited herein. 68. Tire Mountain reserves its rights and defenses regarding the Facility other than proceedings to enforce this Consent Order. 69. Nothing in this Consent Order shall preclude the Division from imposing additional requirements necessary to protect human health or the environment and to effectuate the purposes of this Consent Order. Nor shall anything in this Consent Order preclude the Division from imposing additional requirements in the event that additional information is discovered that indicates such requirements are necessary to protect human health or the environment. Any such additional requirements shall be subject to, and disputes regarding such requirements shall be resolved in accordance with, the Dispute Resolution process provided for in paragraphs 79 through 82 below. 70. Tire Mountain releases and covenants not to sue the State of Colorado or its employees, agents or representatives as to all common law or statutory claims or counterclaims or for any injuries or damages to persons or property resulting from acts or omissions of Tire Mountain, or those acting for or on behalf of Tire Mountain , including their officers, employees, agents, successors, representatives, contractors, consultants or attorneys in carrying out activities pursuant to this Consent Order. Tire Mountain shall not hold out the State of Colorado or its employees, agents or representatives as (a) a party to any contract entered into by Tire Mountain in carrying out activities pursuant to this Consent Order; or (b) an owner or operator of the Facility. Nothing in this Consent Order shall constitute an express or implied waiver of immunity otherwise applicable to the State of Colorado, its employees, agents or representatives. OFFSITE ACCESS 71. To the extent any plan submitted by Tire Mountain requires access to property not owned or controlled by Tire Mountain, Tire Mountain, shall use its best efforts to obtain site access from the present owners of such property to conduct required activities, and to allow Division access to such property to oversee such activities. In the event that site access is not obtained when necessary, Tire Mountain shall notify the Division in writing regarding its best efforts and its failure to obtain such access. Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 14 of 20 SITE ACCESS AND SAMPLING 72. The Division shall be permitted to oversee any and all work being performed under this Consent Order. The Division shall be permitted access to the Facility property at any time work is being conducted pursuant to this Consent Order, and during reasonable business hours during any period work is not being conducted, for the purposes of determining Tire Mountain's compliance with the Act, the Regulations, and this Consent Order. The Division shall be permitted to inspect work sites, operating and field logs, contracts, manifests, shipping records, and other relevant records and documents relating to this Consent Order or any requirement under this Consent Order and to interview personnel and contractors performing work required by this Consent Order for Tire Mountain. Nothing in this paragraph limits or impairs the Division's statutory authorities to enter and inspect the Facility. 73. The Division may conduct any tests necessary to ensure compliance with this Consent Order and to verify the data submitted by Tire Mountain. Tire Mountain shall notify the Division in writing of any sampling activities undertaken pursuant to any plan or requirement of this Consent Order a minimum of seventy-two (72) hours prior to the sampling being conducted and shall provide split samples to the Division upon request. 74. Tire Mountain shall notify the Division in writing of any excavation, construction (including the construction of monitoring wells) or other investigatory or remedial activities undertaken pursuant to any plan or requirement of this Consent Order a minimum of seventy-two (72) hours prior to beginning the excavation, construction, or required activity. Tire Mountain shall provide the Division any blueprint, diagram, construction or other permits for any construction activity undertaken pursuant to this Consent Order upon request. FORCE MAJEURE 75. Tire Mountain shall perform the requirements of this Consent Order within the schedules and time limits set forth herein and in any approved plan unless the performance is prevented or delayed by events that constitute a force maj eure. A force maj eure is defined as any event arising from causes which are not reasonably foreseeable, which are beyond the control of Tire Mountain, and which cannot be overcome by due diligence. 76. Within seventy-two (72) hours of the time that Tire Mountain know or have reason to know of the occurrence of any event which Tire Mountain have reason to believe may prevent Tire Mountain from timely compliance with any requirement under this Consent Order, Tire Mountain shall provide verbal notification to the Division. Within seven (7) calendar days of the time that Tire Mountain knows or has reason to know of the occurrence of such event, Tire Mountain shall submit to the Division a written description of the event causing the delay, the reasons for and the expected duration of the delay, and actions which will be taken to mitigate the duration of the delay. Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 15 of 20 77. The burden of proving that any delay was caused by a force majeure shall at all times rest with Tire Mountain. If the Division agrees that a force majeure has occurred, the Division will so notify Tire Mountain. The Division will also approve or disapprove of Tire Mountain's proposed actions for mitigating the delay. If the Division does not agree that a force majeure has occurred, or if the Division disapproves of the Tire Mountain's proposed actions for mitigating the delay, it shall provide a written explanation of its determination to Tire Mountain. Pursuant to the Dispute Resolution section, within fifteen (15) calendar days of receipt of the explanation, Tire Mountain may file an objection. 78. Delay in the achievement of one requirement shall not necessarily justify or excuse delay in the achievement of subsequent requirements. In the event any performance under this Consent Order is found to have been delayed by a force majeure, Tire Mountain shall perform the requirements of this Consent Order that were delayed by the force majeure with all due diligence. DISPUTE RESOLUTION 79. If the Division determines that additional requirements are necessary pursuant to paragraph 69; that a violation of this Consent Order has occurred, that a force majeure has not occurred; that the actions taken by Tire Mountain to mitigate the delay caused by a force majeure are inadequate; or that Tire Mountain 's Notice of Completion should be rejected pursuant to paragraph 87, the Division shall provide a written explanation of its determination to Tire Mountain. Within fifteen (15) calendar days of receipt of the Division's determination, Tire Mountain shall: a. Submit a notice of acceptance of the determination; or b. Submit a notice of dispute of the determination. If Tire Mountain fails to submit either of the above notices within the specified time, Tire Mountain will be deemed to have accepted the Division's determination. 80. If the Division disapproves or approves with modifications any original or revised plan submitted by Tire Mountain pursuant to this Consent Order, the Division shall provide a written explanation of the disapproval or approval with modifications. Within fifteen (15) days of receipt of the Division's approval with modifications or disapproval of the plan, Tire Mountain shall: a. In the case of an approval with modifications only, submit a notice of acceptance of the plan as modified and begin to implement the modified plan; b. In the case of a disapproval only, submit a revised plan for Division review and approval Tire Mountain may not select this option if the Division has included in its disapproval an alternate plan that shall be implemented by Tire Mountain or Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 16 of 20 c. Submit a notice of dispute of the disapproval or approval with modifications. If Tire Mountain fails to do any of the above within the specified time, Tire Mountain shall be deemed to have failed to comply with the Consent Order, and the Division may bring an enforcement action, including an assessment of penalties. 81. If Tire Mountain submits a revised plan, the plan shall respond adequately to each of the issues raised in the Division's written explanation of the disapproval or approval with modifications. The Division may determine that failure to respond adequately to each of the issues raised in the Division's written explanation constitutes a violation of this Consent Order. The Division shall notify Tire Mountain in writing of its approval, approval with modifications, or disapproval of the revised plan. If the Division disapproves the revised plan, it may include in its disapproval a plan for implementation by Tire Mountain. Such disapproval and plan shall be deemed effective and subject to appeal in accordance with the Act and the Colorado State Administrative Procedures Act, sections 24-4-101 through 108, C.R.S. (the "APA"), unless Tire Mountain submits a notice of dispute, pursuant to paragraph 80 above, of the Division's disapproval and plan for implementation. All requirements and schedules of the Division's plan shall not become effective pending resolution of the dispute. 82. If Tire Mountain files any notice of dispute pursuant to paragraph 79, 80, or 81 the notice shall specify the particular matters in the Division's determination that Tire Mountain seeks to dispute, and the basis for the dispute. Matters not identified in the notice of dispute shall be deemed accepted by Tire Mountain. The Division and Tire Mountain shall have thirty (30) calendar days from the receipt by the Division of the notification of dispute to reach an agreement, during which time Tire Mountain must provide any additional evidence or argument to the administrative record. If agreement cannot be reached on all issues within this thirty (30) day period, the Division shall confirm or modify its decision within an additional fourteen (14) days, and the confirmed or modified decision shall be deemed effective upon receipt, a final agency action, and subject to appeal in accordance with the Act and the APA, § 24-4-106, C.R.S. NOTICES 83. Unless otherwise specified, any report, notice or other communication required under the Consent Order shall be sent to: For the Division: Shana Baker, Waste Tires Work Leader Solid Waste and Materials Management Program Colorado Department of Public Health and Environment Mail Code: H D -B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 shana.baker@state.co.us Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 17 of 20 For Tire Mountain: With a copy to: Nick Campanella Tire Mountain LLC 1249 S. River Rd Unit 303 Cranbury, NJ 08512 nick mswrecvcler. com John D. Fognani Haynes and Boone, LLP 675 15th Street, Suite 2200 Denver, CO 80202 john.fognani@haynesboone.com OBLIGATIONS UNAFFECTED BY BANKRUPTCY 84. The obligations set forth herein are based on the Division's police and regulatory authority. These obligations require specific performance by Tire Mountain of corrective actions carefully designed to prevent on -going or future harm to public health or the environment, or both. Enforcement of these obligations is not stayed by a petition in bankruptcy. Tire Mountain agrees that the penalties set forth in this Consent Order are not in compensation of actual pecuniary loss. Further, the obligations imposed by this Consent Order are necessary for Tire Mountain and the Facility to achieve and maintain compliance with State law. REIMBURSEMENT OF COSTS 85. Pursuant to section 30-20-109(2)(b), C.R.S, Tire Mountain shall reimburse the Division for all costs incurred by the Division pursuant to this Consent Order, including, but not limited to document review and activity fees. Payment is due thirty (30) calendar days after billing by the Division. MODIFICATIONS 86. This Consent Order may be modified only upon mutual written agreement of the Division and Tire Mountain. COMPLETION OF REQUIRED ACTIONS 87. Tire Mountain shall submit a Notice of Completion to the Division upon satisfactory completion of all requirements of this Consent Order. The Division shall either accept or reject Tire Mountain's Notice of Completion in writing within thirty (30) calendar days of receipt. If the Division rejects Tire Mountain's Notice of Completion, it shall include in its notice a statement identifying the requirements that the Division considers incomplete or not satisfactorily performed and a schedule for completion. Tire Mountain shall, within fifteen (15) calendar days of receipt of the Division's rejection, either: Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 18 of 20 a. Submit a notice of acceptance of the determination; or b. Submit a notice of dispute. If Tire Mountain fails to submit either of the above notices within the specified time, Tire Mountain will be deemed to have accepted the Division's determination. NOTICE OF EFFECTIVE DATE 88. This Consent Order shall be effective on the date signed by the last party. BINDING EFFECT AND AUTHORIZATION TO SIGN 89. This Consent Order is binding upon Tire Mountain and its corporate subsidiaries or parents, their officers, directors, employees, successors in interest, and assigns. The undersigned warrant that they are authorized to legally bind their respective principals to this Consent Order. Tire Mountain agrees to provide a copy of this Consent Order to any contractors and other agents performing work pursuant to this Consent Order and require such agents to comply with the requirements of this Consent Order. In the event that a party does not sign this Consent Order within thirty (30) calendar days of the other party's signature, this Consent Order becomes null and void. This Consent Order may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Consent Order. Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 19 of 20 FOR TIRE MOUNTAIN LLC: /tArEct.id_ 08/05/2024 Nick Campanella, President and CEO Date FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: DavidDigitally signed by David Snapp Snapp Date: 2024.08.05 16:29:22 -06'00' David Snapp signing for Ed Smith Edward Smith, Unit Leader Solid Waste Compliance Assurance Unit Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division Approved as to form: Digitally signed by Michelle Michelle Hickerson Hickerson Date: 2024.08.05 17:16:28 -06'00' Michelle Hickerson #52436* Assistant Attorney General Natural Resources and Environment Section Attorney for the Department Ralph L. Carr Colorado Judicial Center 1300 Broadway, 7th Floor Denver, Colorado 80203 Telephone: (720) 508-6453 *Counsel of Record Tire Mountain LLC Compliance Order on Consent # 24-08-02-01 Page 20 (120 08/05/2024 Date Date Colorado Department of Public Health &Environment (CDPHE) Compliance Order on Consent 24-08-02-07 (COC) Tire Mountain LLC • Status Report • September 28, 2024 Submitted by: Nick Campanella, CEO nick@mswrecycler.com Tire Mountain LLC Facility: 12311 Weld County Road 41, Hudson, CO 80642 Business: 1249 South River Road, Unit 303, Cranbury, NJ 08512 Submitted to: Shana Baker, Waste Tires Work Leader shana.bakeri@state.co.us Colorado Department of Public Health & Environment (CDPHE, the Division) Solid Waste Administration & Waste Tire Compliance Unit Solid Waste & Materials Management Program Hazardous Materials & Waste Management Division CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 0 DOCUMENT LOG 3 1 COC ACTION PLAN & STATUS REPORT 4 2 COC REQUIREMENT 1152 • (NEW) CERTIFICATE OF DESIGNATION (CD) APPLICATION • SUBMITTED 4 3 COC REQUIREMENT1153 53 • FINANCIAL ASSURANCE • PENDING DEPT REVIEW 5 4 COC REQUIREMENT 54 • CERTIFICATE(S) OF REGISTRATION • PENDING EDOP APPROVAL 5 5 COC REQUIREMENT ¶ 55 • ABOVEGROUND STORAGE • IN COMPLIANCE 5 6 COC REQUIREMENT 56 • VEGETATION CONTROL & MAINTENANCE • IN COMPLIANCE 5 7 COC REQUIREMENTT57 57 • CLOSED MONOFILL CELLS COVER • IN COMPLIANCE 6 8 COC REQUIREMENT 1158 • QUARTERLY PROGRESS REPORT SUBMITTAL • ONGOING 6 9 COC REQUIREMENT 1160 • ADMINISTRATIVE PENALTY PAYMENT • PENDING 7 2 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 0 Document Log Date Party Action Document(s) Issued 9/28/2024 Tire Mountain LLC Status report #03 issued: 1152 • New CD Application: SUBMITTED 1153 • Financial Assurance: PENDING DEPT REVIEW 1154 • Cert(s) of Registration: PENDING EDOP APPROVAL 1155 • Aboveground Storage: IN COMPLIANCE 1156 • Vegetation: IN COMPLIANCE 1157 • Closed Monofill Cells Cover: IN COMPLIANCE 1158 • Quarterly Progress Report: ONGOING 1160 • Administrative Penalty: PAYMENT PENDING This document 9/17/2024 Tire Mountain LLC Status report #02 issued: 1155 • Aboveground Storage: IN COMPLIANCE 1157 • Closed Monofill Cells Cover: IN COMPLIANCE Tire Mountain LLC - CDPHE - Compliance Order on Consent 24-08- 02-01 - Status Report 240917 w Attachments 9/5/2024 Tire Mountain LLC Status report #01 issued Tire Mountain LLC - CDPHE - Compliance Order on Consent 24-08- 02-01 - Status Report 240905.pdf 8/5/2024 CDPHE & Compliance Order on Consent (COC) 24-08-02-01 issued Tire Mountain LLC & signed 6/18/2024 CDPHE Compliance Inspection - unannounced, complaint, Notice of Inspection enforcement follow-up inspection 6/5/2024 CDPHE Compliance Inspection - unannounced, complaint, open fields inspection Notice of Inspection 10/19/2023 CDPHE Compliance Advisory issued Compliance Advisory and Inspection Report issued to Tire Mountain by the Division on October 19, 2023 3 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 1 COC Action Plan 81 Status Report The Division (CDPHE) issued to Tire Mountain (TM) a Compliance Order on Consent (COC) to: - Establish compliance requirements and criteria for the continued operation of the Tire Mountain waste tire monofill facility located at 12311 Weld County Road 41, Hudson, CO 80642 in Weld County, Colorado (the "Facility") - Resolve the violations of the Act and the Regulations cited in a Compliance Advisory and Inspection Report issued to TM by the Division on October 19, 2023 and the findings from the June 5 and June 18, 2024 inspections at the Facility This document has been prepared to communicate TM's action plan and the current status of the efforts to resolve the deficiencies as stated in the COC. 2 COC Requirement ifi 52 • (New) Certificate of Designation (CD) Application • SUBMITTED COC Requirement: By October 29, 2024, Tire Mountain shall submit an application to Weld County for a new Certificate of Designation (CD) for the Facility in accordance with all Regulations. The CD application must include: a. An Engineering Design and Operations Plan (EDOP) in accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8, and 10.6.9; b. A Fire Prevention, Training and Firefighting Plan in accordance with C.R.S. Sections 30-20-1412(1)(d) 30- 20-1415(1)(d) and 6 CCR 1007-2, Sections 10.5.1(B), 10.5.1(N), and 10.5.8, and 10.6.9. c. AWaste Tire Inventory Reduction Plan in accordance with C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007- 2, Sections 1.3.9, 10.5.103)110.5.1(J), and 10.5.8; d. A closure and post -closure plan in accordance with C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 2.5, 2.6, 10.5.1(B), 10.5.9(A), 10.5.9(B) and 10.5.9(C) for a phased closure of the waste tire monofill at the Facility by July 1, 2034, e. A closure and post -closure plan in accordance with C.R.S. Section 30-20-1412(1)(d) and 6 CCR 1007-2, Section 10.6.10 for waste tire processing at the Facility by July 1, 2034, and f. A detailed written estimate on the costs of hiring a third party to close the facility and conduct post -closure care of the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(a) and 30-20-1415(1)(a) and 6 CCR 1007-2, Sections 4.2, 4.3, 10.5.5, and 10.6.6. Status: The Facility team met with Weld County Department of Planning Services on Friday August 30, 2024 to discuss the requirements for the application of a new CD. This new CD application is essentially a duplicate of the CD currently attached to the Facility (and its prior owner). On September 28, 2024, the new CD application has been submitted to Weld County Department of Planning Services. The application includes all of the requirements listed above (a. —f.). 4 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 3 COC Requirement 1153 • Financial Assurance • PENDING DEPT REVIEW COC Requirement: Within thirty (30) calendar days of the Department's approval of the revised financial assurance cost estimates for closure and post -closure care of the Facility, Tire Mountain will establish and maintain the required financial assurance for the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(a), 30-20-1412(2)(a), and 30-20- 1415(1)(a) and 6 CCR 1007-2, Sections 4.6, 10.5.5, 10.6.2(1), and 10.6.6. Status: None at this time 4 COC Requirement 1154 • Certificate(s) of Registration • PENDING EDOP APPROVAL COC Requirement: Within thirty (30) calendar days of establishment of financial assurance for the Facility and Department approval of the Facility's EDOP, Tire Mountain shall obtain a valid Certificate of Registration from the Department for the total operations at the Facility in accordance with C.R.S. Sections 30-20-1412(1)(b) and 30-20-1415(1)(b) and 6 CCR 1007-2, Sections 10.5.2, and 10.6.3. Status: None at this time 5 COC Requirement 1155 • Aboveground Storage • IN COMPLIANCE COC Requirement: By August 30, 2024, Tire Mountain shall ensure that the Facility is in compliance with the local fire codes (2018 International Fire Code Chapter 34 - Tire Rebuilding and Tire Storage) for the storage of waste tires and aboveground storage piles at the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20- 1415(1)(d) and 6 CCR 1007-2, Section 10.5.1(C), 10.5.1(N), 10.6.2(A), and 10.6.2(L). Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. Status: The Facility is in compliance with local fire codes related to the storage of waste tires and aboveground storage piles as follows: - Individual aboveground piles are sized at < 65' W x 65' L :10' H - Individual aboveground piles are > 50' from a property boundary or building - Individual aboveground piles are > 40' from an adjacent aboveground tire storage area or tire cell The Facility is in contact (and has met) with Platteville-Gilcrest Fire Protection District Inspector Dave Sutton, Fire Prevention Specialist regarding the same. See prior Status Reports. 6 COC Requirement 1156 • Vegetation Control 8! Maintenance • IN COMPLIANCE COC Requirement: 5 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 By August 30, 2024, Tire Mountain shall ensure that the growth of vegetation at the Facility is controlled to minimize potential fuel sources, and will maintain the Facility's fire access roads, in accordance with 6 CCR 1007-2, Sections 10.5.1(C), 10.5.1(D), 10.5.1(N), 10.6.2(B), and 10.6.2(L). The Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. Status: The Facility is now in compliance with this requirement and excessive vegetation growth and dry vegetation throughout the Facility has been removed as follows: - All fire roads are cleared of vegetation & debris - 100c/0 of excess vegetation has now been removed from open areas & around the tire cells - The perimeter of every tire cell has been `manicured' & all excess vegetation has been removed - Seasonal weed control will be implemented on a regular basis to maintain compliance The Facility is in constant contact and has met with Platteville-Gilcrest Fire Protection District Inspector Dave Sutton, Fire Prevention Specialist regarding the same. See prior Status Reports. 7 COC Requirement 1157 • Closed Monofill Cells Cover • IN COMPLIANCE COC Requirement: By October 1, 2024, Tire Mountain shall repair the damaged cover for monofill cells 14-17 and 25-27 and shall ensure that the integrity and effectiveness of the final cover of monofill cells at the Facility are maintained in accordance with 6 CCR 1007-2, Section 10.5.9. Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. Status: The Facility has hired a 3rd party vendor to import additional dirt/fill material to complete the coverage of this area which includes the monofill cells numbered 14 -17 and 25 - 27. The material has been delivered to the Facility, has been spread and compacted over the affected area, and at this time, this requirement is 100% complete. See prior Status Reports. 8 COC Requirement ¶ 58 • Quarterly Progress Report Submittal • ONGOING COC Requirement: Beginning August 30, 2024 and continuing through the completion of all compliance requirements of this Consent Order, Tire Mountain shall submit brief progress reports in writing to the Division, each quarter no later than the 10th day of the first month of each quarter, which include the following information: a. A summary description of all waste tire activities and monofill cell closure activities performed during the previous month, including the estimated number of waste tires removed from the Facility, and the estimated number of waste tires remaining at the Facility; 6 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 b. Copies of manifest records in accordance with Section 10.3.4 of the Regulations to document that allwaste tires removed from the Facility were removed by a registered Waste Tire Hauler and delivered to a registered waste tire destination facility; c. Copies of other records, including, but not limited to bills of lading, receipts, weight tickets, manifests, or other documentation showingthat alltire-derived products were sold to an in -state End User in accordance with Section 10.9 or to an out of state end user; and d. A summary description of activities expected to be performed in the upcoming month. Status: Date Document Issued 10/10/25 Q3-2025 Quarterly Progress Report due per COC Requirement 1158 7/10/25 Q2-2025 Quarterly Progress Report due per COC Requirement 1158 4/10/25 Q1-2025 Quarterly Progress Report due per COC Requirement 1158 1/10/25 Q4-2024 Quarterly Progress Report due per COC Requirement 1158 10/10/24 Q3-2024 Quarterly Progress Report due per COC Requirement 1158 9/28/24 Status Report # 03 submitted to the Division 9/17/24 Status Report # 02 submitted to the Division 9/5/24 Status Report # 01 submitted to the Division 9 COC Requirement 11 64 • Administrative Penalty Payment • PENDING COC Requirement: Based upon the penalty adjustment factors set forth in the Division's Solid Waste Penalty Policy, and consistent with other Departmental policies for violations of the Act and its implementing regulations, the Division and the Parties agree to the assessment of Fifteen Thousand (515,000) in administrative penalties. The Parties agree to make the full payment within sixty (60) calendar days of the effective date of this Consent Order (i.e., October 5, 2024). Method of payment shall be by certified, or cashier's check drawn to the order of Colorado Department of Public Health and Environment and shall be delivered to the attention of: Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division Mail Code: HMWMD-B2 Attention: Randy Perila 4300 Cherry Creek Drive South Denver, CO 80246-1530 Status: None at this time Colorado Department of Public Health 81 Environment (CDPHE) Compliance Order on Consent 24-08-02-07 (COC) Tire Mountain LLC • Status Report • September 17, 2024 Submitted by: Nick Campanella, CEO nick@mswrecycler.com Tire Mountain LLC Facility: 12311 Weld County Road 41, Hudson, CO 80642 Business: 1249 South River Road, Unit 303, Cranbury, NJ 08512 Submitted to: Shana Baker, Waste Tires Work Leader shana.bakeri@state.co.us Colorado Department of Public Health & Environment (CDPHE, the Division) Solid Waste Administration & Waste Tire Compliance Unit Solid Waste & Materials Management Program Hazardous Materials & Waste Management Division CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 0 DOCUMENT LOG 3 1 COC ACTION PLAN & STATUS REPORT 4 2 COC REQUIREMENT 1155 • ABOVEGROUND STORAGE • IN COMPLIANCE 4 3 COC REQUIREMENT 1157 • CLOSED MONOFI LL CELLS COVER INTEGRITY & EFFECTIVENESS • IN COMPLIANCE4 4 4 ATTACHMENTS 5 2 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 0 Document Log Date Party Action Document(s) Issued 9/17/2024 Tire Mountain LLC Status report #02 issued COC Requirements: 1155 • Aboveground Storage - in compliance 57 • Closed Monofill Cells Cover Integrity & Effectiveness - in compliance This document 9/5/2024 Tire Mountain LLC Status report #01 issued Tire Mountain LLC - CDPHE - Compliance Order on Consent 24-08-02-01 - Status Report 240905. pdf 8/5/2024 CDPHE & Compliance Order on Consent (COC) 24 - Tire Mountain LLC 08-02-01 issued & signed 6/18/2024 CDPHE Compliance Inspection - unannounced, complaint, enforcement follow-up inspection Notice of Inspection 6/5/2024 CDPHE Compliance Inspection - unannounced, complaint, open fields inspection Notice of Inspection 10/19/2023 CDPHE Compliance Advisory issued Compliance Advisory and Inspection Report issued to Tire Mountain by the Division on October 19, 2023 3 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 1 COC Action Plan 8! Status Report The Division (CDPHE) issued to Tire Mountain (TM) a Compliance Order on Consent (COC) to: - Establish compliance requirements and criteria for the continued operation of the Tire Mountain waste tire monofill facility located at 12311 Weld County Road 41, Hudson, CO 80642 in Weld County, Colorado (the "Facility") - Resolve the violations of the Act and the Regulations cited in a Compliance Advisory and Inspection Report issued to TM by the Division on October 19, 2023 and the findings from the June 5 and June 18, 2024 inspections at the Facility This document has been prepared to communicate TM's action plan and the current status of the efforts to resolve the deficiencies as stated in the COC. 2 COC Requirement i 55 • Aboveground Storage • In Compliance COC Requirement: By August 30, 2024, Tire Mountain shall ensure that the Facility is in compliance with the local fire codes (2018 International Fire Code Chapter 34 - Tire Rebuilding and Tire Storage) for the storage of waste tires and aboveground storage piles at the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20- 1415(1)(d) and 6 CCR 1007-2, Section 10.5.1(C), 10.5.1(N), 10.6.2(A), and 10.6.2(L). Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. Status: The Facility is in compliance with local fire codes related to the storage of waste tires and aboveground storage piles as follows: - Individual aboveground piles are sized at < 65' W x 65' L :10' H - Individual aboveground piles are > 50' from a property boundary or building - Individual aboveground piles are > 40' from an adjacent aboveground tire storage area or tire cell The Facility is in contact (and has met) with Platteville-Gilcrest Fire Protection District Inspector Dave Sutton, Fire Prevention Specialist regarding the same. See attached summary and photos. 3 COC Requirement 1157 • Closed monofill Cells Cover Integrity 8! Effectiveness • In Compliance COC Requirement: By October 1, 2024, Tire Mountain shall repair the damaged cover for monofill cells 14-17 and 25-27 and shall ensure that the integrity and effectiveness of the final cover of monofill cells at the Facility are maintained in accordance with 6 CCR 1007-2, Section 10.5.9. Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. Status: The Facility has hired a 3rd party vendor to import additional dirt/fill material to complete the coverage of this area which includes the monofill cells numbered 14 -17 and 25 - 27. The material has been delivered to the Facility, has been spread and compacted over the affected area, and at this time, this requirement is 100% complete. See attached summary and photos. 4 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 4 Attachments 5 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 Attachment: COC Requirement 11 55 • Aboveground Storage Compliance 6 � . z L }. '% Y • -Y'15. , 1 1 1 • 9r— T � =� _ _ a yr r — .fir � s a Y• rr� -� cy • �s G..� S t o a i a � 4 rt�. af. JR e+ arm _ }. i -...., •r'',+ ` t -r� ii -r - —T— '- p i I I 1 I r I t,` J 1 1 I 1 1 1 '1 �II j�-- I 1 + I Lye 1 II J 1 1 I 1 • d loeliy _ 1 1 1 1 VT —1' 1 1 II - I 1 §/ I 1 1 11 • 1 r 1 • III 1 Ii � I 1 I 1= I 1 • `i II 1 • I I z I� B� n t�C n. 1 7 = ca pal X CD CA wmu) I :III CIO W I r - I I' I 1 I ▪ V �Rr• • • 1• •I S• -' I •Y •,. a r 1 1 (l \' I .• { t I h BBB 1 1 1 _ .'a r ••l b- .- ▪ •1 ' i . .. 4 1 F t v 71 t 1 • 1. . Ski.. . } , w r — IIII I + } '4, I f '4 { 4- r-� I I 1 I 1 i'F 1 1 re fif)1 , .1 , I I I I 1 g i T I T I =bat I •C In , 1 I 1 1 •. I I I I I r 1 , I I I ' F. 1 I I I 1 YY •w I iF- r 45 • 1 J sa '4 tr " 1 •-al 1ii .- ii] ' $ 1 I •'r Win - II •' r 1tF • f R . 1 •I I F I arm 1 I = •w e9 f� = • - . • f 11. F mar Mall _ _ Tc _ — ry, J • r• ,w II II 1 1 1' ?l i a+ 4 1 L11 1 1 1 1 1 1 I\ I ,JI Sw- iii 1 I I II I :67- IY I I I V 1 I .Jr♦is9 amid 3bni I 1 1 1 1 I' I I I • ''•s � fC'�.'aetii�r.�,352 air erg 1 I s II • I I bfl i� f • .47. — -- r 5 • • 1 r COC REQUIREMENT 5.5 • ABOVEGROUND STORAGE ti I Above Ground Storage Areas I • • 5 st . - h m } 111re elre o1 . 1 -x.11111 -r.1 memrr 1-eleWer ece: r Y.Yr. 1Y.1-rre1Y.1Y.1Yr.1Y. .-re1-r.YWe1 SA 4 denwavevemenmewnme e e. e e e'Le rL'1We1 - e e e r-9.'ME"" e- r- -1--10 1%111Y• - We11 e r r-1111111171 W -11W 'Le1L111WilWr 11 -8 -9 rr-'11111e-1WW11W111 r r-- - r -r - - - e1 - - -We Inventory `tae Compliant? 1 ' 10r EMS nieneMorEtWorernWNEWarmihrha. Emory EmpTy Wr troll-. o rrel-r. 1 1-r. 11-. 11 rrr rr.Yrr.-.-tort err. r Tr more . -1%'ti111e-111%•11V%"••• LY-'Lts111111 %. Tr Wl"" W5.' i%%PaA t•e e re e r e e1W11W1e11re-ere Tr rrrrrrrrrrrrrr EMPTY 11xormene ms W.--11!11111Y.t.VL11 MIno1W.rirWe-e'L EMPTY r illi , 0' from iii ti I % iii II: Battier/Budding? :ii 5 i EMPTY 1Wea o .-tell-. � W relit. 111Y.-r.1Yra r.111W.1 EMPTY alW"M vl w esedWe leIM EMPTY 1-r.Yrre-rr.Yr. 1 Y.1 -r. 11-ref-rr rl1rr1'r.1 Y.Wr r We ve erL15•111Ye1WJL111111Pam . e . e 11111111WrL J J • W' 'Wei -elWoleW'Le tL-r1.1W- r r r rr15.'ti„' s1W ve EMPTY WeW1. free e11""M'1Ye11111111r."" rrM1.111Ye1 EMPTY v 1Yr.Y.1Yr.111Y.-re1 J emieW"WeiWitieWWWW~MieW 1-. a rre-rr.Yrre1-rr r reline rr. 11-. N rreYr.1 nmawmmenmas.emmde d J W11 11W1 . e e • =e .1LW1"e111W J Y1'LYrJL-elereV11111 e e. eke r. re e e e e e111. > 40' from Adjacent ve WEWErL'hurieWeesnererionMEWMorMerarCEWIN rr.Yrrr . neWile r rrrrrrr ly Wr.-r.1Y. n .Yore eloraW 1-rr rr.1-rrr rr.1Y. W-1111 1%.111111111We1WJL11.1,11,1W-1111 v WW1Ye e e le-e1.1rWe e e e e - e e1W-IEWS11 •6.1 11Ye111!'d`d'.: e11 a melee. � re e e e e e e e11i1111" 1-e11 COC REQUIREMENT 55 • ABOVEGROUND STORAGE COC REQUIREMENT 5.5 • ABOVEGROUND STORAGE CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 Attachment: COC Requirement 11 57 • Closed Monofill Cells Cover Integrity Effectiveness EWERCi 8INALISR21 89 842 LOT B AMENDED RECORDED EXEMPTION l 'IRE 0-91-1367; BEING PART OF THE SE4, D THE S2S2 OF S2S2 SECTION 32, TOWNSHIP 3 N0RTHT RANGE 65 WEST OF THE 6TH P.M, EL COUNTS, COLORADO N$rrg..'��5.i4��321. E � earsmmla• 1P i COC REQUIREMENT 57 • CLOSED CELLS COVER COC REQUIREMENT 57 • CLOSED CELLS COVER J COC REQUIREMENT 57 • CLOSED CELLS COVER Cow a a • c t ♦1/46., •C YYI>_ v Y rat ala COC REQUIREMENT 57 • CLOSED CELLS COVER ._ "Wix- .._ a s -A- . 7- s COC REQUIREMENT 57 • CLOSED CELLS COVER � 'y �. �•�a��{... i. iN.�yfl1�`. � N}A... 14.1 z. ` J I w A Nf 1 ,f. y COC REQUIREMENT 57 • CLOSED CELLS COVER or Colorado Department of Public Health & Environment (CDPHE) Compliance Order on Consent 24-013-02-01 (COC) Tire Mountain LLC • Status Report • September 2024 Submitted by: Nick Campanella, CEO nick@mswrecycler.com Tire Mountain LLC Facility: 12311 Weld County Road 41, Hudson, CO 80642 Business: 1249 South River Road, Unit 303, Cranbury, NJ 08512 Submitted to: Shana Baker, Waste Tires Work Leader shana.bakeri@state.co.us Colorado Department of Public Health & Environment (CDPHE, the Division) Solid Waste Administration & Waste Tire Compliance Unit Solid Waste & Materials Management Program Hazardous Materials & Waste Management Division CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 0 DOCUMENT LOG 3 1 COC ACTION PLAN 81 STATUS REPORT 4 2 COC REQUIREMENT 1152 • (NEW) CERTIFICATE OF DESIGNATION (CD) APPLICATION 4 3 COC REQUIREMENT 1153 • FINANCIAL ASSURANCE ESTABLISHED 5 4 COC REQUIREMENT 1154 • CERTIFICATE(S) OF REGISTRATION OBTAINED 5 5 COC REQUIREMENT 1155 • ABOVEGROUND STORAGE COMPLIANCE 5 6 COC REQUIREMENT 1156 • VEGETATION CONTROL & MAINTENANCE COMPLIANCE 6 7 COC REQUIREMENT 1157 • CLOSED MONOFILL CELLS COVER INTEGRITY & EFFECTIVENESS 6 8 COC REQUIREMENT 1158 • QUARTERLY PROGRESS REPORT SUBMITTAL 7 9 COC REQUIREMENT 1160 • ADMINISTRATIVE PENALTY PAYMENT 7 10 ATTACH M E NTS 8 2 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 0 Document Log Date Party Action Document(s) Issued 9/5/2024 Tire Mountain LLC Status report issued This document 8/5/2024 CDPHE & Compliance Order on Consent (COC) 24 - Tire Mountain LLC 08-02-01 issued & signed 6/18/2024 CDPHE Compliance Inspection - unannounced, complaint, enforcement follow-up inspection Notice of Inspection 6/5/2024 CDPHE Compliance Inspection - unannounced, complaint, open fields inspection Notice of Inspection 10/19/2023 CDPHE Compliance Advisory issued Compliance Advisory and Inspection Report issued to Tire Mountain by the Division on October 19, 2023 3 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 1 COC Action Plan & Status Report The Division (CDPHE) issued to Tire Mountain (TM) a Compliance Order on Consent (COC) to: - Establish compliance requirements and criteria for the continued operation of the Tire Mountain waste tire monofill facility located at 12311 Weld County Road 41, Hudson, CO 80642 in Weld County, Colorado (the "Facility") - Resolve the violations of the Act and the Regulations cited in a Compliance Advisory and Inspection Report issued to TM by the Division on October 19, 2023 and the findings from the June 5 and June 18, 2024 inspections at the Facility This document has been prepared to communicate TM's action plan and the current status of the efforts to resolve the deficiencies as stated in the COC. 2 COC Requirement 11 52 • (New) Certificate of Designation (CD) Application COC Requirement: By October 29, 2024, Tire Mountain shall submit an application to Weld County for a new Certificate of Designation (CD) for the Facility in accordance with all Regulations. The CD application must include: a. An Engineering Design and Operations Plan (EDOP) in accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8, and 10.6.9; b. A Fire Prevention, Training and Firefighting Plan in accordance with C.R.S. Sections 30-20-1412(1)(d) 30- 20-1415(1)(d) and 6 CCR 1007-2, Sections 10.5.1(B), 10.5.1(N), and 10.5.8, and 10.6.9. c. AWaste Tire Inventory Reduction Plan in accordance with C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007- 2, Sections 1.3.9, 10.5.1(3), 10.5.1(J), and 10.5.8; d. A closure and post -closure plan in accordance with C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 2.5, 2.6, 10.5.1(B), 10.5.9(A), 10.5.9(B) and 10.5.9(C) for a phased closure of the waste tire monofill at the Facility by July 1, 2034, e. A closure and post -closure plan in accordance with C.R.S. Section 30-20-1412(1)(d) and 6 CCR 1007-2, Section 10.6.10 for waste tire processing at the Facility by July 1, 2034, and f. A detailed written estimate on the costs of hiring a third party to close the facility and conduct post -closure care of the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(a) and 30-20-1415(1)(a) and 6 CCR 1007-2, Sections 4.2, 4.3, 10.5.5, and 10.6.6. Status: The Facility team met with Weld County Department of Planning Services on Friday August 30, 2024 to discuss the requirements for the application of a new CD. Despite this new CD application essentially being a duplicate of the CD currently attached to the Facility (and its prior owner), it was determined that a new application must be summitted and the 520,000 application fee must also be paid. 4 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 The Facility also confirmed that the existing 8MUSR21-89-842 permit and all Development Standards, diagrams, maps, plans, and legal descriptions (in current form) shall be compatible with the new CD, EDOP, and any other permits and applications that are pending submittal. 3 COC Requirementffi 53 • Financial Assurance Established COC Requirement: Within thirty (30) calendar days of the Department's approval of the revised financial assurance cost estimates for closure and post -closure care of the Facility, Tire Mountain will establish and maintain the required financial assurance for the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(a), 30-20-1412(2)(a), and 30-20- 1415(1)(a) and 6 CCR 1007-2, Sections 4.6, 10.5.5, 10.6.20), and 10.6.6. Status: - None at this time 4 COC Requirement ¶ 54 • Certificate(s) of Registration Obtained COC Requirement: Within thirty (30) calendar days of establishment of financial assurance for the Facility and Department approval of the Facility's EDOP, Tire Mountain shall obtain a valid Certificate of Registration from the Department for the total operations at the Facility in accordance with C.R.S. Sections 30-20-1412(1)(3) and 30-20-1415(1)(b) and 6 CCR 1007-2, Sections 10.5.2, and 10.6.3. Status: None at this time 5 COC Requirement 11 55 • Aboveground Storage Compliance COC Requirement: By August 30, 2024, Tire Mountain shall ensure that the Facility is in compliance with the local fire codes (2018 International Fire Code Chapter 34 - Tire Rebuilding and Tire Storage) for the storage of waste tires and aboveground storage piles at the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20- 1415(1)(d) and 6 CCR 1007-2, Section 10.5.1(C), 10.5.1(N), 10.6.2(A), and 10.6.2(L). Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. Status: The Facility is in compliance with local fire codes related to the storage of waste tires and aboveground storage piles as follows: - Individual aboveground piles are sized at < 65' W x 65' L x 10' H - Individual aboveground piles are > 50' from a property boundary or building - Individual aboveground piles are > 40' from an adjacent aboveground tire storage area or tire cell 5 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 The Facility is in contact (and has met) with Platteville-Gilcrest Fire Protection District Inspector Dave Sutton, Fire Prevention Specialist regarding the same. See attached summary and photos. 6 COC Requirement 1156 • Vegetation Control & Maintenance Compliance COC Requirement: By August 30, 2024, Tire Mountain shall ensure that the growth of vegetation at the Facility is controlled to minimize potential fuel sources, and will maintain the Facility's fire access roads, in accordance with 6 CCR 1007-2, Sections 10.5.1(C), 10.5.1(D), 10.5.1(N), 10.6.2(B), and 10.6.2(L). The Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. Status: The Facility is now in compliance with this requirement and excessive vegetation growth and dry vegetation throughout the Facility has been removed as follows: All fire roads are cleared of vegetation & debris 100% of excess vegetation has now been removed from open areas & around the tire cells The perimeter of every tire cell has been `manicured' & all excess vegetation has been removed Seasonal weed control will be implemented on a regular basis to maintain compliance The Facility is in constant contact and has met with Platteville-Gilcrest Fire Protection District Inspector Dave Sutton, Fire Prevention Specialist regarding the same. See attached summary and photos. 7 COC Requirement 1157 • Closed ivionofill Cells Cover Integrity 8: Effectiveness COC Requirement: By October 1, 2024, Tire Mountain shall repair the damaged cover for monofill cells 14-17 and 25-27 and shall ensure that the integrity and effectiveness of the final cover of monofill cells at the Facility are maintained in accordance with 6 CCR 1007-2, Section 10.5.9. Tire Mountain shall submit documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to compliance. Status: The Facility has hired a 3rd party vendor to import additional dirt/fill material to complete the coverage of this area which includes the monofill cells numbered 14 -17 and 25 - 27. As the material is delivered to the Facility, it is spread and compacted over the affected area. 6 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 At this time, this requirement is approximately 67% complete. See attached summary and photos. 8 COC Requirement 11 58 • Quarterly Progress Report Submittal COC Requirement: Beginning August 30, 2024 and continuing through the completion of all compliance requirements of this Consent Order, Tire Mountain shall submit brief progress reports in writing to the Division, each quarter no later than the 10th day of the first month of each quarter, which include the following information: a. A summary description of all waste tire activities and monofill cell closure activities performed during the previous month, including the estimated number of waste tires removed from the Facility, and the estimated number of waste tires remaining at the Facility; b. Copies of manifest records in accordance with Section 10.3.4 of the Regulations to document that allwaste tires removed from the Facility were removed by a registered Waste Tire Hauler and delivered to a registered waste tire destination facility; c. Copies of other records, including, but not limited to bills of lading, receipts, weight tickets, manifests, or other documentation showingthat alltire-derived products were sold to an in -state End User in accordance with Section 10.9 or to an out of state end user; and d. A summary description of activities expected to be performed in the upcoming month. Status: Status report for activity through August 30, 2024 issued on September 5, 2024 9 COC Requirement 11 60 • Administrative Penalty Payment COC Requirement: Based upon the penalty adjustment factors set forth in the Division's Solid Waste Penalty Policy, and consistent with other Departmental policies for violations of the Act and its implementing regulations, the Division and the Parties agree to the assessment of Fifteen Thousand ($15,000) in administrative penalties. The Parties agree to make the full payment within sixty (60) calendar days of the effective date of this Consent Order (i.e., October 5, 2024). Method of payment shall be by certified, or cashier's check drawn to the order of Colorado Department of Public Health and Environment and shall be delivered to the attention of: Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division Mail Code: HMWMD-B2 Attention: Randy Perila 4300 Cherry Creek Drive South Denver, CO 80246-1530 Status: None at this time CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 10 Attachments 8 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 Attachment: COC Requirement 11 55 • Aboveground Storage Compliance 9 Above Ground Storage Areas COC REQUIREMENT 55 30 -Aug -2024 Storage Area (SA) SA -1 SA -2 SA -3 SA -4 SA -5 SA -5 SA -7 SA -8 SA -9 SA -10 Inventory EMPTY EMPTY EMPTY TT TT TT TT TT EMPTY EMPTY Size Compliant? <651)(65'x10' EMPTY EMPTY EMPTY EMPTY EMPTY > 50' from Border/ Building? V >40' from Adjacent SA? V COC REQUIREMENT 55 1. 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COC REQUIREMENT 5.5 • ABOVEGROUND STORAGE COC REQUIREMENT 5.5 • ABOVEGROUND STORAGE COC REQUIREMENT 5.5 • ABOVEGROUND STORAGE COC REQUIREMENT 5.5 • ABOVEGROUND STORAGE � coC REQU i REMENT 5.5 • ABOVEGROUND STORAGE COG REQUIREMENT 55 • ABOVEGROUND STORAGE • BORDERS COC REQUIREMENT 55 COG REQUIREMENT 55 • ABOVEGROUND STORAGE • BORDERS COC REQUIREMENT 55 .. 4 CDC REQUIREMENT 55 • ABOVEGROUND STORAGE • BORDERS HOC REQUIREMENT 55 CDC REQUIREMENT 55 • ABOVEGROUND STORAGE • BORDERS COC REQUIREMENT 55 L 7 + - s a� — _� - • .f.t -� -rte- S�"�Z"� �� r aim CDC REQUIREMENT 55 • ABOVEGROUND STORAGE • BORDERS COC REQUIREMENT 55 CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 Attachment: COC Requirement 11 56 • Vegetation Control at Maintenance Compliance 10 Hudson Monofill CO CrR_-QUI DLENT 56 30 -Aug -2024 Cell # Inventory =5' H Above Grade? : -s West Road Vegetation i South Road Cleared? v East Road i North Road 1 2 3 4 5 6 7 8 9 V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V PT & TT PT & TT PT & TT PT & TT PT & TT PT & TT PT & TT PT & TT PT & TT 10 V V V V V PT & TT 11 PT & TT 12 V V V V V PT & TT 13 V PT & TT 14 CLOSED CLOSED N,/ N,/ N,/ N,/ 15 CLOSED CLOSED 16 CLOSED CLOSED v •.; 17 CLOSED CLOSED 1f 1f 1f 18 PT & TT 19 PT & TT 20 `/ `/ `/ `/ `/ PT & TT 21 .; PT & TT 22 PT & TT 23 PT & TT 24 PT & TT V V V V V 25 CLOSED CLOSED V V V V 26 CLOSED CLOSED V V V V 27 CLOSED CLOSED v •.; 28 , , , , PT & TT 29 PT & TT V F` F` F` F` 30 V V V V V PT & TT 31 V V V V V PT & TT 32 OTR V V V V V 33 OTR V V V V V 34 , , , , , PT & TT 35 PT & TT 36 ' PT & TT Hudson Monofill COE REQUIREMENT 56 30 -Aug -2024 Cell # Inventory <5' H Above Grade? West Road ti Vegetation Cleared? South Road East Road North Road 37 PT & TT 38 PT & TT 39 PT & TT 40 PT & TT 41 PT & TT 42 PT & TT 43 PT & TT 44 PT & TT 45 PT & TT 46 PT & TT 47 PT & TT 48 PT & TT 49 PT & TT 50 PT & TT 51 PT & TT 52 PT & TT 53 PT & TT 54 PT & TT 55 PT & TT 56 PT & TT 57 PT & TT 58 PT & TT 59 PT & TT 60 PT & TT 61 PT & TT 62 PT & TT 63 PT & TT 64 PT & TT 65 PT & TT 66 PT & TT 67 TT TOPS & ADC COC REQUIREMENT 56 • VEGETATION REMOVAL COC REQUIREMENT 56 COC REQUIREMENT 56 • VEGETATION REMOVAL COC REQUIREMENT 56 t O,fi.Am- _ .r 1 at COC REQUIREMENT 56 • VEGETATION REMOVAL COC REQUIREMENT 56 t a 'rt- a. _ -11 • s r 1 ; r i iiraser 0 .J;r tOl -n I "sr . t f . I Ale tk.a I i --a COC REQUIREMENT 56 • VEGETATION REMOVAL COC REQUIREMENT 56 • VEGETATION REMOVAL COC REQUIREMENT 56 COC REQUIREMENT 56 • VEGETATION REMOVAL COC REQUIREMENT 56 - n m W rlitor -V ill T A' L 1#16._ :_..a n ,`""Ms _z COC REQUIREMENT 56 • VEGETATION REMOVAL COC REQUIREMENT 56 • VEGETATION REMOVAL COC REQUIREMENT 56 -� z'4 nit sir a'zSA4 • I o _ a>a1 i r ri arliplir a vs _ • � ••• n -a a - yr II*Lifi •it ■ ! • ¢ l .=, �t� ■ ---A l � ■� n a asx� ffi • i �x � _ � a ,�I • � • l Y' ¢ . irr • ar .1 arc II Sr : Ai Ia t • >_ a'D - ▪ 4._ s. T aTI � a M.PIP �]'rir -■[ G ..� �•3 Tr 7 Sla a% 15 so ga SE Sinn Ii ►�I �- _ ® •a _ r. 1- r1 - • - n `� i �Ea c l: r�l Itl l Tel V' 1� _ i sis-s n ems. Sal •a .11 air iii an 'iii Wir * ate_ ri . a' }. A srEd ^ate'=" Iii" f l • vL- an. i f a -. _ a- s • ',MS L a _amare r. F " 1 n v • ¢a :J _ �1 ior-sr D sa see. y r •, F,M er_ �r ■1 r . r `ir 46▪ 2r a • a m :I 3 • Y' a 3a o Tar a - 4.>d ► a af ql ad st a a■afa f _ • -� fir. i �s �•ry wig _II fit ■ siert 4.1 A a D Barr 1� ater - a _is. ...RI - D -Sal alit" IS i' �. +a MMT 1r, 1# c Ili ll II -1 r a�•; It r r•! _ .. I is yx, %IN `e �� , ` ��� s>� .t 0.41a, d'ulfiti. tiro — Jill" aim. ea . IMPS '. a ems' t Ids - , disnAirnr f = • sit 1-r `a wins �. 7 n'n tZi ra • t .. "fir, r ,ima Pi 111L CDPHE • COC 24-08-02-01 TIRE MOUNTAIN LLC • SEP 2024 Attachment: COC Requirement 11 57 • Closed Monofill Cells Cover Integrity Effectiveness 11 4STl GAP s -r. PED:C.ALL.F4if! ENCam{G A-rEn 0 P +4 E�1� �EHs�'e �� : . I : e'I J1.1 CAn r -CO•C-k�E Y-I�-A�E-�I-�r7 8M 89-842 LOT B AMENDED RECORDED EXEMPTION l AMREC. 91-1 7; BEING PART OF THE SE4, AND. THE S2S2 OF S2S2 SECTION 32,, TOWNSHIP 3. NORTH, GE 65 WEST OF THE 6TH P.M., ., '''ELD COUNTY, COLORADO 262.8.4•--erires ' ,'. inss -r FPLSJ 5 EC COC REQUIREMENT 57 0 zs WW ■.►■. ■. ■ 11P r ■ a .1 ■ t ■ ■ ■■ ! ■ l • ■ t ■ .i ■■ I II ■ • ■ I ■ ■ 25 ■ ■ ■ ■ s • s ■ ■ ■ ■ ■ is II ■ ■ ■ ■ ■ ■ ■ ii is ■ ■ ■ ■ ■ ■ ■ ■ ■ • PI ■ ■% ■ ■ ■ ■ is • ■ I ■ ■ ■ ■ • • i ■I■■im■■■t■ ■•■i■■•■■■-■ 'e COC REQUIREMENT 57 • CLOSED CELLS COVER COC REQUIREMENT 57 • CLOSED CELLS COVE COC REQUIREMENT 57 • CLOSED CELLS COVER COLORADO Hazardous Materials £t Waste Management Division Department of Public Health Er Environment August 6, 2024 Mr. Nick Campanella, President and CEO Tire Mountain LLC 1249 S. River Rd Unit 303 Cranbury, NJ 08512 VIA Email: nick@mswrecycler.com Re: Colorado Department of Health and Environment's Review of Tire Mountain's CD Application and Financial Assurance Dear Mr. Campanella: Pursuant to Compliance Order on Consent 24-08-02-01, Tire Mountain has committed to submission of an application to Weld County for a new Certificate of Designation ("CD") for its facility by October 29, 2024. Weld County will then refer the application to the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division ("the Division") for review and recommendation. The Division will prioritize its review of Tire Mountain's application, to complete the review as expeditiously as possible. Weld County and Tire Mountain also have responsibilities in the process which will bear upon the overall ti mef rame. In order to ensure expeditious approval, Tire Mountain's application must include all necessary documentation, such as the Engineering Design and Operations Plan ("EDOP"), a closure and post -closure plan, and any additional -site specific requirements based on your planned operations. The Division has repeatedly offered an engineer to conduct a site visit with your contractor, to communicate minimum requirements for an approvable closure and post -closure plan; this offer still stands. Also, for your convenience, the "CD and EDOP Development, Modifications, and Amendment Guidance and Content Overview" outlines the process and is available on the Division's website at https://cdphe.colorado.gov/hm/swguidance). As we have discussed, the CD application documents must include a cost estimate for closure and post -closure activities based on current site conditions and the closure and post -closure plan submitted with the application. Once the cost estimate has been approved, the Division can review Tire Mountain's proposed financial assurance mechanism. We are informed by your counsel that, as part of the transaction to sell the facility, CH2E assigned its rights to the financial assurance funds it transferred to the Division to Tire Mountain. Tire Mountain has requested that the Division transfer CH2E's financial assurance funds currently held by the Division to Tire Mountain once Tire Mountain has provided its own approved financial assurance. Tire Mountain has agreed to and must provide a copy of the sale agreement prior to any financial assurance release. 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe Jared PoHs, Governor I Jill Hunsaker Ryan, MPH, Executive Director Mr. Nick Campanella Tire Mountain, LLC August 6, 2024 Page 2 of 2 If Tire Mountain provides documentation demonstrating its right to CH2E's funds, and the Division confirms and approves Tire Mountain's financial assurance as adequate, pursuant to Section 4 of the Solid Waste Regulations, to provide for closure and post -closure of the monofill the Division plans to release the CH2E funds to Tire Mountain. With regards, Digitally signed by David David Sna Snapp p p Date: 2024.08.06 08:43:42 -06'00' David Snapp, Manager Solid Waste and Materials Management Program David.Snapp@state.co.us 1303.726.6386 Ec: John D. Fognani, Haynes and Boone, LLP Shana Baker, HMWMD Brian Gaboriau, HMWMD Ed Smith, HMWMD Shelley Hickerson, Office of the Attorney General David Kreutzer, Office of the Attorney General Jonathon Lubrano, Office of the Attorney General 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe Jared Polls, Governor I Jill Hunsaker Ryan, MPH, Executive Director Certificate of Designation (CD) Application Department of Planning Services 1402 N. 17TH Avenue, P.O. Box 758, Greeley, CO 80632 www.weld.gov I (970) 400-6100 I Fax (970) 304-6498 Planning Department Use: Date Received: Amount $ Case # Assigned: Application Received By: Planner Assigned: Parcel Number*: SEE ATTACHED_(4) PARCEL -NUMBERS - Address of site: 12311 WELD COUNTY ROAD 41, HUDSON, CO 80642 (*A 12 digit number on Tax I.D. information, obtainable at www.weld.gov). Legal Description: SEE ATTACHED Section: Township: Zoning District: N Range: W Acreage: Floodplain: X No / ❑ Yes Geological Hazard X No / ❑ Yes Airport Overlay .Q No / ❑ Yes Solid Waste: ❑ No / X Yes Hazardous Waste: X No / ❑ Yes Fee Owner(s) of the Property: N ame: TIRE MOUNTAIN LLC Company: Phone #: 7325801021 Email: NICK@MSWRECYCLER.COM Street Address: 1249 S RIVER RD, UNIT 303 City/State/Zip Code: CRANBURY, NJ 08512 N ame: Company: Phone #: Email: Street Address: City/State/Zip Code: N ame: Company: Phone #: Email: Street Address: City/State/Zip Code: Applicant or Authorized Agent: (See below: Authorization must accompany all applications signed by Authorized Agents) N ame: SAME Company: Phone #: Email: Street Address: City/State/Zip Code: Proposed Use: WASTE TIRE MONOFILL, WASTE TIRE RECYCLING, ASSOCIATED EARTH WORK I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application, or if an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. 424c16)Ead Signature NICK CAMPANELLA 9/26/2024 Date Signature Date Print Print Legal Owner al Facility Information Item Information 1 Legal Owner Legal Owner Address Contact Information Tire Mountain LLC 1249 S River Rd Unit 303, Cranbury, NJ 08512 Nicholas Campanella (732) 580-1021 nick@mswrecycler.com 2 Facility Name Tire Mountain LLC Facility Street Address 12311 Weld County Road 41, Hudson, CO 80642 Facility Real Property — 105 -acre Facility Description Located in Section 32, Township 3 North, Range 65 West of the 6th Principal Meridian in Weld County, Colorado Parcels include: 1. Parcel 121332000020 (Account R4958786) - 39.5 acres 2. Parcel 121332400037 (Account R8969027) - 37.6 acres 3. Parcel 121332400038 (Account R8969024) - 5.347 acres 4. Parcel 121332400039 (Account R8969025) - 22.696 acres 3 Location Map 12311 Weld County Road 41, Hudson, CO 80642 Latitude: 40°10'43.10"N Longitude: 104°40'44.26"W 4 Contacts & Telephone Nicholas Campanella Numbers (732) 580-1021 • nick@mswrecycler.com Bruce Oster (303) 907-0941 • alltreadllc@gmail.com Title Insurance Schedule A - Property Information Old Republic National Title Insurance Company Schedule A Order Number: ABC25263916 Policy Number: 0X25203916.24868571 Amount of Insurance: $550,000.00 Property Address: 12311 COUNTY ROAD 41, HUDSON, CO 80642 Date of Policy: April 1112023 at 4:19 P.M. 1. The Insured is: TIRE MOUNTAIN LLC, A COLORADO LIMITED LIABILITY COMPANY 2. The estate or interest in the Land insured by this policy is: A FEE SIMPLE 3. The Title is crested in: TIRE MOUNTAIN LLC, A► COLORADO LIMITED LIABILITY COMPANY 4. The Land is described as follows: PARCEL I: THE S 1/2 OF THE S 1/2 OF THE S 1/2 OF THE E 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO PARCEL II: LOT B, AMENDED RECORDED EXEMPTION NO. 1213-32-4 1AMREC 20- 1-1867. RECORDED OCTOBER 26, 2020 UNDER RECEPTION NO. 46450021 BEING A PART OF THE S112 OF THE N1/2 OF THE SE 11'4 OF SECTION 32 AND THE N1/2 OF THE S1/2 OF THE SE 1/4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNT"' OF WELD, STATE OF COLORADO. Copyright 2006-2023 American Land Title Association. All Fights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION DEPARTMENTS of PLANNING BUILDING, DEVELOPMENT ENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 REELED' GO 80632 AUTHORIZATION FORM I,e NICK CA PANELLA / TIRE FOUNTAIN LI JAMES ISO T U�, ), _ _ p' give permission to (Owner please print) (Authorized Agent/Applicant—please print) ) to apply for any Planning, Building:. Acreiss, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: p �' 12311 WELD COUNTY ROAD 41. HUDSON, CO 60842 E Legal Description: E ATTACHED of Section : Township N, Lange Subdivision Name: SEE ATTACHED - Lot Block Property Owners Information: 1249 SOUTH RIVER ROAD? UNIT 3031 CRANBUR'Y, NJ 08512 Address: 732-580-1021 NIC @MWRE Y LEA COM Phone: Authorized Agent/Applicant Contact Inforiation: Address: 225CHEROKEE STREET, APT 206, BETHLEHEM, PA '18015 Phone: 610-76.2-9665 E -Fall. Correspondence to he seat to: OwnerEl Authorized Agent/Applicant by: Mail I Emni Additional Info: SEE ATTACHED L' z e) hereby certify, der penalty of perjury and after carefully reading the entire contents of this document th h orm - 'ors Mated above is true and correct to the best of � our , :. y (our) knowledge. :` --- Gate k r 09-6 ner Sranat re a� Subscribed and sworn to before me this ti dc, —or ", _ L..Aye" &Ai c y commission expires • Jess J. Ou 13 Notary Pubik State of New Jersey Corm). # 50074969 Owner Signature day of k iin/c Gate L 20 � O by 07/22 Legal Owner & Facility Information 2 3 Item Legal Owner Legal Owner Address Contact information Facility Name Facility Street Address Facility Real Property Description Location Map Information Fire Mountain LLC 1249 S River Rd Unit 303, Cranbury, NJ 08512 Nicholas Campanella (732) 580-1021 ksw a ler Tire Mountain LLC ` 12311 Weld County Road 41, Hudson, CO 80642 n 105 -acre Facility Located in Section 32, Township 3 North, Range 65 West of the 0th Principal Meridian in Weld County, Colorado Parcels include: 1. Parcel 121332000020 (Account R4958786) - 39.5 acres 2. Parcel 121332400037 (Account Re969027) - 37.6 acres 3. Parcel 121332400038 (Account 88969024) - 5.347 acres 4_ Parcel 121332400039 (Account R8969025) - 22,696 acres 4 Contacts &Telephone Numbers 12311 Weld County Road 41, Hudson, CO 80842 Latitude: 40°10'43.10"N Longitude: 104°40`44,26"W Nicholas Campanella (7'32) 580-1021 • ai •k@nswreCyGler.com Bruce Oster (303) 907-x#941 * alltreadlicagma Lcom Colorado Secretary of State Colorado Secretary of State ID#: 20228212284 Document #: 20228212284 Filed on: 12/13/2022 02:06:50 PM Paid: $1.00 Articles of Organization for a Limited Liability Company filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) The domestic entity name of the limited liability company is Tire Mountain LLC The principal office street address is 1249 S River Rd Unit 303 Cranbury NJ 08512 US The principal office mailing address is 1249 S River Rd Unit 303 Cranbury NJ 08512 US The name of the registered agent is Vcorp Services, LLC The registered agent's street address is 7700 E Arapahoe Rd Ste 220 Centennial CO 80112 US The registered agent's mailing address is 7700 E Arapahoe Rd Ste 220 Centennial CO 80112 US The person above has agreed to be appointed as the registered agent for this entity. The management of the limited liability company is vested in Members There is at least one member of the limited liability company. Person(s) forming the limited liability company Nicholas B Campanella 3 Kelton P1 Manalapan NJ 07726 US Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Steven Bernknopf 1249 S River Rd Unit 303 Cranbury NJ 08512 US TIRE MOUNTAIN LLC CERTIFICATE OF DESIGNATION (CD) APPLICATION Tire Mountain LLC Certificate of Designation (CD) Application Version 001 Draft September, 2024 Prepared by: Nick Campanella, CEO nick@mswrecycler.com Tire Mountain LLC Facility: 12311 Weld County Road 41, Hudson, CO 80642 Business: 1249 South River Road, Unit 303, Cranbury, NJ 08512 Submitted to: Maxwell Nader, Planning Manager mnader@weld.gov Weld County Department of Planning Services Weld County Planning, Building& Development Review TIRE MOUNTAIN LLC CERTIFICATE OF DESIGNATION (CD) APPLICATION 0 Document Lod 3 1 Introduction 4 2 Legal Owner 8: Facility Information 5 3 Weld County • Use by Special Review • 8MUSR21-89-842 5 4 Certificate of Designation (CD) Application Requirements 5 4.1 Pre -Application Meeting Minutes 5 4.2 Application Form 6 4.3 Engineering Design and Operation Plan (EDOP) 6 4.4 Copy of Property Deed 6 4.5 Affidavit of Interest Owners, Surface Estate 6 4.6 Solid Waste Application Fee 6 5 Attachments 8 TIRE MOUNTAIN LLC CERTIFICATE OF DESIGNATION (CD) APPLICATION 0 Document Log Date Party Action Document(s) Issued 9/28/2024 Tire Mountain LLC Draft submitted CD_APP_v001_Draft 9/20/2017 CH2E Colorado LLC & Board of County Commissioners, Weld County, Colorado CD approved Approved Certificate of Designation — CH2E Colorado LLC and Hudson Tireville LLC (2017-3178, PL0456) TIRE MOUNTAIN LLC CERTIFICATE OF DESIGNATION (CD) APPLICATION 1 Introduction In April 2023, Tire Mountain LLC (the "Company") acquired the real property and assets of CH2E Colorado LLC, Hudson Tireville, LLC and Hudson Tireville Operations Company, LLC. This acquisition included the land, buildings, infrastructure, waste tire processing equipment (altogether known as the "Facility"), and the static waste tire stock located in the waste tire monofill in the town of Hudson, in Weld County Colorado. This Certificate of Designation (CD) Application (the "Application") provides the required information as requsted per the Weld County Department of Planning Services CD Procedural Guide Checklist and meets the requirements outlined in Chapter 12, Article VIII of the Weld County Code. This Application also documents certain aspects of the waste tire monofill and the intended waste tire processing facility. The Application follows the requirements of: Colorado Department of Public Health & Environment (CDPHE) Hazardous Materials & Waste Management Division (HMWMD) (the "Division") 6 CCR 1007-2, Part 1 — Regulations Pertaining to Solid Waste Sites at Facilities (the "Regulations", in particular Section 10 Waste Tires) Weld County Department of Planning Services (WCDPS) and Weld County Department of Public Health and Environment (WCDPHE) as a Site -Specific Development Plan and 8t" Amendment to a Use by Special Review Permit, 8MUSR21-89-842. The Application shall comply with the Regulations and follow in a similar manner to the approved CD of the prior owner of the Facility (Approved Certificate of Designation — CH2E Colorado LLC and Hudson Tireville LLC (2017-3178, PL0456). ATT 01.0A - Chapter 12, Article VIII of the Weld County Code ATT 01.0B - Waste Tire Facility Certificate of Designation 2017 TIRE MOUNTAIN LLC CERTIFICATE OF DESIGNATION (CD) APPLICATION 2 Legal Owner & Facility Information Item Information Reference 1 Legal Owner Legal Owner Address Contact Information Tire Mountain LLC 1249 S River Rd Unit 303, Cranbury, NJ 08512 Nicholas Campanella (732) 580-1021 nick@mswrecycler.com Bill of Sale - CONFIDENTIAL 2 Facility Name Tire Mountain LLC Facility Street Address 12311 Weld County Road 41, Hudson, CO 80642 Facility Real Property — 105 -acre Facility Description Located in Section 32, Township 3 North, Range 65 West of the 6th Principal Meridian in Weld County, Colorado Parcels include: 1. Parcel 121332000020 (Account R4958786) - 39.5 acres 2. Parcel 121332400037 (Account R8969027) - 37.6 acres 3. Parcel 121332400038 (Account R8969024) - 5.347 acres 4. Parcel 121332400039 (Account R8969025) - 22.696 acres ATT 02.0A - Tax Map 3 Location Map 12311 Weld County Road 41, Hudson, CO 80642 Latitude: 40°10'43.10"N Longitude: 104°40'44.26"W ATT 02.0B - Google Earth Map 4 Contacts & Telephone Nicholas Campanella Numbers (732) 580-1021 • nick@mswrecycler.com Bruce Oster (303) 907-0941 • alltreadllc@gmail.com 3 Weld County • Use by Special Review • 8MUSR21-89-842 Pursuant to the new CD issuance, the Facility shall operate under the same considerations as stated on 8MUSR 21-89-842. All Development Standards, diagrams, maps, plans, and legal descriptions (in current form) shall be compatible with 8MUSR 21-89-842, the new CD, EDOP, and any other permits and applications that are pending submittal. ATT 03.0A - 8MUSR 21-89-842 4 Certificate of Designation (CD) Application Requirements 4.1 Pre -Application Meeting Minutes The Company attended an online meeting (Friday August 30, 2024) with various County personnel and the pre - application requirments were discussed. This Pre -Application Meeting minutes are presented here in summary (also attached): - A new CD Application is required to be submitted to Weld County and CDPHE by October 29, 2024, per the Compliance Order on Consent. TIRE MOUNTAIN LLC CERTIFICATE OF DESIGNATION (CD) APPLICATION A $20,000 CD application fee shall be paid to Weld County as detailed in the Fee Schedule per Chapter 5, Appendix 5-J. Per the CD Procedural Guide, this fee shall be escrowed and will then be charged against the County, at an hourly rate of each Department employee involved in the review and processing of the CD application and associated documents. Any unused portion of the escrowed fee shall be returned to the Company upon completion and issuance of the CD. It was confirmed that the existing 8MUSR21-89-842 permit and all Development Standards, diagrams, maps, plans, and legal descriptions (in current form) shall be compatible with the new CD, EDOP, and any other permits and applications that are pending submittal. Upon review, the Departement staff shall determine if an amendment to the existing 8MUSR21-89-842 permit shall be required (not likely). ATT 04.1A - Pre -Application Meeting Minutes 4.2 Application Form ATT 04.2A - CD Application Form w Additional Info - Signed 4.3 Engineering Design and Operation Plan (EDOP) This Engineering Design and Operations Plan (EDOP) documents the Company's operation of the waste tire monofill and the waste tire processing facility. The EDOP follows the requirements of: Colorado Department of Public Health & Environment (CDPHE) Hazardous Materials & Waste Management Division (HMWMD) (the "Division") 0 CCR 1007-2, Part 1 — Regulations Pertaining to Solid Waste Sites & Facilities (the "Regulations", in particular Section 10 Waste Tires) Weld County Department of Planning Services (WCDPS) and Weld County Department of Public Health and Environment (WCDPHE) as a Site -Specific Development Plan and 8' Amendment to a Use by Special Review Permit, 8MUSR21-89-842. The EDOP shall comply with the Regulations and follow in a similar manner to the approved EDOP of the prior owner of the Facility (CH2E Colorado LLC, EDOP V7.02, October 2022). A new EDOP was submitted to the CDPHE and WCDPS and is included in this submittal (September 2024) ATT 04.3A - EDOP V7.02 Approved ATT 04.3B - 240912 - TM LLC - EDOP _v001_Draft 4.4 Copy of Property Deed ATT 04.4A Tire Mountain Property Deed 4.5 Affidavit of Interest Owners, Surface Estate ATT 04.5A Affidavit of Interest Owners Surface Estate 4.6 Solid Waste Application Fee Per the Certificate of Designation Procedural Guide, the application fee for a Solid Waste facility is :20,000 (the "Fee"), as follows: 1. Fees are non-refundable and due at time of application submittal. Fees are set by the Board of County Commissioners by Resolution. County Staff are not authorized to negotiate fees and cannot, under any TIRE MOUNTAIN LLC CERTIFICATE OF DESIGNATION (CD) APPLICATION circumstance, change, reduce, or amend the fees set forth in the Weld County Planning Fee Schedule. 2. The fee to amend an application for a for Solid Waste Disposal Sites and Facilities shall not exceed $20,000.00. The full amount shall be submitted to the Department of Planning Services at the time a complete application is submitted. The full amount shall be escrowed and charged against by the County based on the standard hourly rate for each department administering or reviewing the permit. The departments shall include but not be limited to the Department of Planning Services, Weld County Health Department, Weld County Public Works, and the Weld County Attorney's Office. The standard hourly rate shall be established by the Weld County Finance Department for the actual time spent on the review of the application and facility. The applicant shall be provided copies of the billing five days prior to the cost actually being billed against the escrow account and the applicant. The applicant's sole remedy to appeal any billing shall be to the Board of County Commissioners. The unused portion of the submitted application fee held in escrow, shall be returned to the applicant within 30 days of recording the amended Special Review plan map, or within 30 days after denial of the application by by the Board of County Commissioners, or 30 days after the applicant submits a written request to withdraw the application. The Company shall pay the Fee in due course to the Weld County Department of Planning Services upon submittal of the complete Application (or upon receiving an invoice for the same). TIRE MOUNTAIN LLC CERTIFICATE OF DESIGNATION (CD) APPLICATION 5 Attachments ATT 01.0A - Chapter 12, Article VIII of the Weld County Code ATT 01.0B - Waste Tire Facility Certificate of Designation 2017 ATT 02.0A - Tax M a p ATT 02.0B - Goode Earth Map ATT 03.0A - 8MUSR21-89-842 ATT 04.1A - Pre -Application Meeting Minutes ATT 04.2A - CD Application Form wAdditional Info - Signed ATT 04.3A - EDOP V7.02 Approved ATT 04.3B - 240912 - TM LLC - EDOP_v001_Draft ATT 04.4A - Tire Mountain Property Deed ATT 04.5A Affidavit of Interest Owners Surface Estate 4891550 04/10/2023 04:19 PM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $55.00 Carly Koppes - Clerk and Recorder, Weld County , CO L_r,d Tale Special Warranty Deed (Pursuant to C.R.S. 38-30-113(1)(b)) This Deed, effective as of k (10): signed on the date(s) acknowledged below, by Grantor(s), CH2E COLORADO LLC, A COLORADO LIMNED LIABILITY COMPANY, whose street address is 9520 OLD EASTON RD., KINTNERSVILLE, PA 18930, City or Town of KINTNERSVILLE, County of Bucks and State of Pennsylvania , for the consideration of dollars, in hand paid, hereby sell(s) and convey(s) to TIRE MOUNTAIN LLC, A COLORADO LIMITED LIABILITY COMPANY, whose street address is 1249 S. RIVER RD., UNIT 303, CRANBURY, NJ 08512, City or Town of CRANBURY, County of Middlesex and State of New Jersey, the following real property in the County of Weld and State of Colorado, to wit_ State Documentary Fee Date: $55.00 PARCEL I: THE S 1/2 OF THE S 1/2 OF THE S 1/2 OF THE E 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO PARCEL II: LOT B, AMENDED RECORDED EXEMPTION NO. 1213-32-41AMRECX20-91-1367, RECORDED OCTOBER 28, 2020 UNDER RECEPTION NO. 4645002, BEING A PART OF THE S1/2 OF THE N1/2 OF THE SE 1/4 OF SECTION 32 AND THE N1/2 OF THE S1/2 OF THE SE 1/4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. also known by street and number as: 12311 COUNTY ROAD 41, HUDSON, CO 80642 with all its appurtenances and warrant(s) the title to the same against all persons claiming under me(us), subject to Statutory Exceptions. (SEE ATTACHED "SIGNATURE PAGE") When recorded return to: TIRE MOUNTAIN LLC, A COLORADO LIMITED LIABILITY COMPANY 1249 S. RIVER RD., UNIT 303, CRANBURY, NJ 08512 Form 1090 closing/deeds/statutory/swd_statutory.html 25203916 (100336700) 111111111111111111111111111 4891550 04/10/2023 04:19 PM Page 2 of 2 Special Warranty Deed with Statutory Exceptions SIGNATURE PAGE CH2E COLORADO LLC, A COLORADO LIMITED LIABILIOMPAN�Y JAMKOSTI A, AUTHORIZED SIGNATORY State of County of The foregoing instrument was acknowledged before me on this day of 2t) t., :-.2:‘, by JAMES KOSTURA, AUTHORIZED SIGNATORY OF CH2E COLORADO LLC, A COLORADO LIMITED LIABILITY COMPANY Witness my hand and official seal My Commission expires: 'a fA. fl� .r • 0,.'" Notary Public Commonwealth of Pennsylvania - Notary Seal Julianne W. 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A{ aAe1fggin lld 119111031CA dew uoileu epaa vi l71IPA r ientr t 441• a yarn rrt7terhr 446.4 • FLOW STRUCTURE TYPICAL PROFILE PLATTE RIVER EST. RIVER THALWEG MIN.15' MIN. 5' DEEPER _ THAN RIVER THALWEG MIN. 40' FROM RIVER BANK CONCRETE CUTOFF NATIVE MATERIAL 0.5C w0 RIVER SIDE CONCRETE CUTOFF WALL BURY ARMOR UNDER TOPSOIL DEPTH ACCORDING TO RECLAMATION PLAN EXCAVATED INTO NATIVE MATERIAL CONCRETE CUTOFF WALL (TYP.) NO. 5 REBAR ON 12" CENTERS RIVERSIDE ARMORING RIPRAP TYPE VL PIT SIDE CONCRETE CUTOFF WALL MIN.15' CONCRETE CUTOFF WALL (TYR) NO. 5 REBAR ON 12" CENTERS BURY ARMOR UNDER TOPSOIL DEPTH ACCORDING TO RECLAMATION PLAN CHANNEL BOTTOM (REVEG.) VARIES CONCRETE CUTOFF CUTOFF WALL EXTENDS 10' PAST SLOPE CONCRETE CUTOFF WALL HIGHER ON SLOPES ARECLAIMED POMP) IN. 5' BELOW RIVER THALWEG t 3 7C' TYPE II BEDDING LAYER CHANNEL BOTTOM & SIDESLOPE VEGETATED ACCORDING TO REC. PLAN PIT BOTTOM ON BEDROCK MOO 4915 4910 4905 4800 4895 4890 4885 4480 44375 48 70 1.8' 3' MIN. DEPTH EXCAVATED INTO NATIVE MATERIAL NOTES: A) CONCRETE CUTOFF WALL TO BE INSTALLED IN AN EXCAVATED TRENCH. B) EXTEND RIPRAP ARMORING AND CUTOFF WALLS A MINIMUM OF 10' BEYOND THE TOP OF SPILLWAY SLOPES ON BOTH ENDS. PITSIDE ARMORING RIPRAP (D50 = 48') OR SOIL CEMENT PLACED TO A MIN. OF 5' BELOW RIVER THALWEG ELEV. 10" TYPE II BEDDING EXCAVATED INTO NATIVE MATERIAL Mlle High Flood Control District Riprnp going - River Assuming channel is running full up to 1-tt ot freeboard Mean Channel Velocity- v Channel Slope' S = 0.02 Mean Rock Size- d50 - BASELINE CONDITIONS ,/ I / MINING J RECLAMATION f , I .. ,,. I..' • f / - / 1 ' ; , . r - i ' / , 1 �I J; 1 1, , I r k I - J�. , / I: f • I I __..� $ T 1 ,' I l ; .. ; , sj ; 1 .... .........1..........� T • e f if. f . \ Oa. +; Ty j f ' 1' I I I t •••••\ I ,;if t ( t 1' in I f ! . . i I i ' ) 'r \. \ \\ '.\ Nom. I 1 1 tr E , ( t All t t. I l -• ► f f el -••••-••••F C 1 I s '1 r< '� ► .. t I r / ,r I _ -- _ 1 �, %L. • %. r �,. �. %. r tt I I { `R 1 �� �. •1� ..... a ,►/�.• a - -- -�. _ II - _ _ -Y re . i" >G• 1 f • r T.� �/•.�'> •� < �` t l i Yom' . 1 i r ;' : J / r ,1 � ii DNS 1- Streeter Canaan sen° Drainage Basin Runoff 8 Detention LEGEND � ROADS aDMIA= Mttalea veaarATroN �— Phase of Area Curve 5-YR 24 -HR 100-YR 24 -HR Detention Capacity in ` ""I" 2'° MUM IMOMpats. YD CANALII T . ' i( Operation (ac) , Number Runoff (ac -ft) Runoff (ac -ft) Pit (ac -ft)) Lean, 1101460191001 Ulan ANoIPIES 44.4 70 1.33 6.55 NIA •• - °MIMI , Berm Labels Baseline Wain CONTOarta ba.n • • • • •s+=- Mining 44.4 82 3.18 10.3 525.8 . •OIT••alrlG CONTorlaa 05 7 ,'. � Ar•a DaPla bill SOO DIATOata t►. Reclamation 44.4 89 i 4.76 12.8 82.0 .OSHIEU AITION CONtoUNa A NOTE Delanban capacity SWIM in AukCAD as NxtKa vekane m pit to nrrlp, antl vdume abase water stows ter radernabart G-1 Drainage Map Marcovich Pit cow time I•.i- M ••.••r Lana. .r.rw...... _... - . •NMt •a.••e.. .-r. as ........... i... ., ..Y NvY �� Nom. M ' -s.Y -. r,..•. , •% r ' ilT7t ;-fli Np••we.•.:.• Novae. 1 /. M++ Ns anew al a•I/•f Oren Mall Pose AA. .-... WV. t• r J �: '// o/(LI.'{W .. .0 a Affidavit of Interest Owners Surface Estate I, the undersigned, certify that the attached list is a true and accurate list of the names, addresses, and corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the subject property(ies). This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. Subject property(ies): Parcels # 121332000020, # 121332400037, # 121332400038, and # 121332400039 /tAcie-eaz 9/27/2024 Signature Date WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2024 6:20:39 AM 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 for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. /tAaleZad 09/27/2024 Signature Date Property Owners Within 500 Feet of Parcel # 121332000020 Account Parcel Owner Mailing Address R4958786 121332000020 MOUNTAIN LLC 1249 CRAN S RIVER BU RY, NJ RD UNIT 085123633 303 TIRE R8941692 121332300028 SILICON RANCH CORPORATION 222 NASHVILLE, 2ND AVE TN S 1900 STE 372012383 R8969026 121332400036 TO GREEN RECYCLING HOLDING 12321 HUDSON, COUNTY CO ROAD 806429615 41 TIRES LLC 88969027 121332400037 MOUNTAIN LLC 1249 CRANBURY, S RIVER NJ RD UNIT 085123633 303 TIRE R4959486 121333000007 WALTER CANNON LLC 3575 DENVER, E CHERRY CREEK CO 802093601 NORTH DR R0285287 121333000008 WALTER/CANNON PARTNERSHIP 3575 DENVER, E CHERRY CREEK CO 802093601 NORTH DR R8952442 130704200030 REIGLE JOELLEN M LIVING TRUST 11456 COMMERCE KITTREDGE CITY, ST CO 800228616 M0131102 130705000007 MOSER GALE 85129686 130705000007 B & M LAND COMPANY C/O 968 DENVER, STEPHEN SYRACUSE CO WOLF ST 802307073 Parcels: 9 Owner Records: 10 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2024 6:20:39 AM 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 for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. /t%closEad, 09/27/2024 Signature Date Property Owners Within 500 Feet of Parcel # 121332000020 Account Parcel Owner Mailing Address M0131102 130705000007 MOSER RICK PO HUDSON, BOX 495 CO 806420495 Parcels: 9 Owner Records: 10 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2024 6:20:39 AM 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 for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 121332000020 u ililrlil Date i m� i • %�V ,;Ads / ,Y . • i • O AI; L • y i i Signature 09/27/2024 I I I I I I I f v.� 11,4'1. 11111111 11111 1 1 1 1 1 1 1 1 1 1 1 1 1 Parcels: 9 Owner Records: 10 Page 3of3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2024 6:21:09 AM 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 for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature 09/27/2024 Date Property Owners Within 500 Feet of Parcel # 121332400037 Account Parcel Owner Mailing Address R4958786 121332000020 MOUNTAIN LLC 1249 CRANBURY, S RIVER NJ RD UNIT 085123633 303 TIRE R8941690 121332300027 SILICON RANCH CORPORATION 222 NASHVILLE, 2ND AVE TN S 1900 STE 372012383 R8941692 121332300028 SILICON RANCH CORPORATION 222 NASHVILLE, 2ND AVE S STE 372012383 1900 TN 88969023 121332400035 TO GREEN RECYCLING HOLDING 4610 DENVER, S ULSTER CO ST 802374321 TIRES LLC R8969026 121332400036 TO GREEN RECYCLING HOLDING 12321 HUDSON, COUNTY CO 806429615 ROAD 41 TIRES LLC R8969027 121332400037 MOUNTAIN LLC 1249 CRANBURY, S RIVER NJ RD UNIT 085123633 303 TIRE R8969024 121332400038 MOUNTAIN LLC 1249 CRANBURY, S RIVER NJ RD UNIT 085123633 303 TIRE R8969025 121332400039 MOUNTAIN LLC 1249 CRANBURY, S RIVER NJ RD UNIT 085123633 303 TIRE 84959486 121333000007 WALTER CANNON LLC 3575 DENVER, E CHERRY CREEK CO 802093601 NORTH DR Parcels: 10 Owner Records: 10 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2024 6:21:09 AM 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 for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. /tAcieZad 09/27/2024 Signature Date Property Owners Within 500 Feet of Parcel # 121332400037 Account Parcel Owner Mailing Address R0285287 121333000008 WALTER/CANNON PARTNERSHIP 3575 DENVER, E CHERRY CREEK CO 802093601 NORTH DR Parcels: 10 Owner Records: 10 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2024 6:21:09 AM 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 for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 121332400037 i r • Ilia • f �I t:41111 111 i Date i it i i fill! Signature 09/27/2024 i Parcels: 10 Owner Records: 10 Page 3of3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2024 6:21:32 AM 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 for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 121332400038 /t9icieba_ 09/27/2024 Signature Date Account Parcel Owner Mailing Address M4959086 121332000021 HOCHMILLER JOHN PO HUDSON, BOX 600 CO 806420600 R4958986 121332000021 MALCOLM REAL ESTATE LLC H&H 41835 COZAD, AUTO HIGHWAY NE PARTS 691304305 ATTN: 30 JOSCELYN R8969023 121332400035 TO GREEN RECYCLING HOLDING 4610 DENVER, S ULSTER CO ST 802374321 TIRES LLC 88969026 121332400036 TO GREEN RECYCLING HOLDING 12321 HUDSON, COUNTY CO ROAD 806429615 41 TIRES LLC R8969027 121332400037 MOUNTAIN LLC 1249 CRANBURY, S RIVER RD NJ UNIT 085123633 303 TIRE R8969024 121332400038 MOUNTAIN LLC 1249 CRANBURY, S RIVER NJ RD UNIT 085123633 303 TIRE R8969025 121332400039 MOUNTAIN LLC 1249 CRANBURY, S RIVER NJ RD UNIT 085123633 303 TIRE R4959486 121333000007 WALTER CANNON LLC 3575 DENVER, E CHERRY CREEK CO 802093601 NORTH DR Parcels: 8 Owner Records: 8 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2024 6:21:32 AM 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 for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature 09/27/2024 Date Property Owners Within 500 Feet of Parcel # 121332400038 <<, Y'Bif# t: teas arei 61444 iYrlil'!i g041i'1'! p"int:4!,1i1 Ij siusactx Parcels: 8 Owner Records: 8 Page 2 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2024 6:22:08 AM 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 for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature 09/27/2024 Date Property Owners Within 500 Feet of Parcel # 121332400039 Account Parcel Owner Mailing Address M4959086 121332000021 HOCHMILLER JOHN PO HUDSON, BOX 600 CO 806420600 R4958986 121332000021 MALCOLM REAL ESTATE LLC H&H 41835 COZAD, AUTO HIGHWAY NE PARTS 691304305 ATTN: 30 JOSCELYN R8941690 121332300027 SILICON RANCH CORPORATION 222 NASHVILLE, 2ND AVE S STE 372012383 1900 TN 88941692 121332300028 SILICON RANCH CORPORATION 222 NASHVILLE, 2ND AVE TN S STE 372012383 1900 R8969023 121332400035 TO GREEN RECYCLING HOLDING 4610 DENVER, S ULSTER CO ST 802374321 TIRES LLC R8969026 121332400036 TO GREEN RECYCLING HOLDING 12321 HUDSON, COUNTY CO ROAD 806429615 41 TIRES LLC R8969027 121332400037 MOUNTAIN LLC 1249 CRANBURY, S RIVER NJ RD UNIT 085123633 303 TIRE R8969024 121332400038 MOUNTAIN LLC 1249 CRANBURY, S RIVER NJ RD UNIT 085123633 303 TIRE 88969025 121332400039 MOUNTAIN LLC 1249 CRANBURY, S RIVER NJ RD UNIT 085123633 303 TIRE Parcels: 9 Owner Records: 9 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2024 6:22:08 AM 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 for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 1 i P J i 11111111111111 I II �.1al 111 i V 1' i i i I i it • i i �IvNMfI el I r i II �Ir i I' I i i i i Feet i I i I I i i i I I i i i iu Signature 09/27/2024 of Parcel # 121332400039 r I ira r i a 1it Otr • r It I . ;fetal, -"nal rtllit, iiiiirS iftweits tetras Wei focath :d���i ���� ifsis .=R" 7 r• ....IPI0S_ � - 1 ' 2 I • Ho in I II I I 11 II I II1 Date Parcels: 9 Owner Records: 9 Page 2 of 2 Notice Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the date and time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. 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) 400-4225, 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 Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick(c(�weld.gov. Docket #: 2025-43 Hearing Date: June 25, 2025 Hearing Time: 10:00 a.m. Applicant: Tire Mountain, LLC 12311 County Road 41 Hudson, Colorado 80642 Request: Certificate of Designation, CD24-0001, for a Tire Mono -fill and Tire Recycling Facility in the 1-3 (Industrial) Zone District Legal Description: Being part of the SE1/4 of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 26, west of and adjacent to County Road 41 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: June 12, 2025 Published: June 14, 2025, in the Greeley Tribune Notice party. I special ate h Ice at Clerk minis Email message! included in the sDon anv- into weld.gov, Docket#: 2025-43 Headng Date: June 25, 2025 Heearing Time: 10:00 a.m. Tire Mountain, LLC 12311 County Road 41 Hudson,Coiorado 80642 Request: Certificate of Designation, cD24-0001, for a Tire Mono- flLlel amend Tire Rec clips Faccility in the I.3 (Industrial) Zone District ship 3 Noerth R�arge 65 Wg a 6th P M Weld CountyTCoio- Location: North of and adjacent t0 County Raad 26, west of and adjacent to County Road 41(see Legal Description for precise io- ca�on) Board of County Commissioners Weld County, Colorado Dated• June 12.2025 P�lis6ed: June 14, 2025, in the Greeiey Tribune - 2119508 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Assent , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune Is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Gree/ey Tribune in Weld County on the following date(s): Subscribed and sworn to me before me this�rn� Irldayof JUN- IM (SEAL) Jun 14, 2025 SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account: Ad Number: Fee: 1099690 2119508 $20.50 Hello