HomeMy WebLinkAbout20213501.tiffRESOLUTION
RE: LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND
MINOR AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030
(FORMERLY USR-1704), FOR A SOLID WASTE DISPOSAL SITE AND FACILITY,
INCLUDING CLASS I COMPOSTING, AN ANIMAL WASTE RECYCLING OR
PROCESSING FACILITY (AN ANAEROBIC DIGESTER -BASED RENEWABLE
ENERGY PLANT [GAS]), ALONG WITH A CONCRETE BATCH PLANT TO BE USED
FOR CONSTRUCTION OF THE FACILITY FOR THE ADDITION OF A DIGESTER
PROCESS AND A 70 -FOOT FLARE IN THE A (AGRICULTURAL) ZONE DISTRICT -
PLATTE RIVER BIOGAS, 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 July 21, 2010, the Board of County Commissioners approved the
application of Shelton Land and Cattle, Ltd., 23043 County Road 42, LaSalle, Colorado 80645,
and Heartland Renewable Energy, LLC, 2400 Trade Center Avenue, Suite 201, Longmont,
Colorado 80503, for a Site Specific Development Plan and Use by Special Review Permit,
USR-1704, for a Solid Waste Disposal Site and Facility, including Class I composting, an animal
waste recycling or processing facility (an anaerobic digester -based renewable energy plant [gas]),
along with a concrete batch plant to be used for construction of the facility for the addition of a
Digester Process System and a 70 -foot flare in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Part of the SE1/4 of Section 25, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on February 25, 2015, the Department of Planning Services approved a Site
Specific Development Plan and Minor Amended Use by Special Review Permit, MUSR14-0030,
for a Solid Waste Disposal Site and Facility (including Class I composting, an animal waste
recycling or processing facility [an anaerobic digester -based renewable energy plant [gas]), along
with a Concrete Batch Plant to be used for construction of the facility (for the addition of a Digester
Process System and a 70 -foot flare) in the A (Agricultural) Zone District, and
WHEREAS, on July 11, 2016, the Board found sufficient Probable Cause and scheduled
a Show Cause hearing to consider whether or not said Minor Amended, MUSR14-0030, should
be revoked, and
WHEREAS, at said Show Cause hearing on September 19, 2016, the matter was
continued to November 14, 2016, reconsidered on November 16, 2016, and continued to
December 19, 2016, and
WHEREAS, at said Show Cause hearing held on December 19, 2016, after hearing all
the testimony presented, the Board found that there was adequate cause, made Findings of Fact
regarding the facility's operation without a valid Certificate of Designation and certain violations
of the Development Standards of MUSR14-0030, and suspended MUSR14-0030, and further
determined the facility was no longer allowed to operate due to said suspension until a valid
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2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 2
Certificate of Designation is obtained and the facility is brought into compliance with all the
Development Standards, and
WHEREAS, the Board has been presented with a letter from AGPROfessionals, LLC, on
behalf of the current property owner, Platte River Biogas, LLC, 19179 County Road 49, LaSalle,
Colorado 80645, requesting reinstatement of the above -stated permits, with the understanding
that the facility would be operated as a manure -only digester facility, and
WHEREAS, the Board of County Commissioners held a public hearing on the 29th day of
December 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing said request, and
WHEREAS, at said hearing, the applicant was represented by Tim Naylor,
AGPROfessionals, LLC, 3050 67th Avenue, Suite 200, Greeley, Colorado 80634, and
WHEREAS, after hearing the recommendations of staff from the Department of Planning
Services and the Department of Public Health and Environment, along with all of the testimony
and statements of those present, and all of the exhibits and evidence presented in this matter,
and having been fully informed, the Board finds that this request shall be approved for the
following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has
satisfied the requirements to lift the suspension and reinstate the USR as
enumerated in the Board's resolution 2016-3686 as approved on December 19,
2016.
2. It is the opinion of the Board of County Commissioners that the applicant can and
will comply with the Development Standards of MUSR14-0030. The Board agrees
with the findings of staff as presented at the hearing and outlined below. The Board
finds that the applicant's proposed operation to only process manure complies with
the existing Development Standards, but that acceptance of any other food wastes
would not comply unless and until the Board issues to the applicant, after a public
hearing, a new Certificate of Designation.
A. Findings to lift Suspension:
1) Violation 1, Development Standard 6: The property owner or operator shall
comply with the applicable sections of the regulations pertaining to the
Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) and be
constructed, operated, and monitored as detailed in the application
materials and conditions detailed in the Design and Operations Plan
approval letter, dated April 7, 2010, from the Colorado Department of Public
Health and Environment (CDPHE) in conjunction with the application
materials and conditions detailed in the Digester Processing System
Engineering Design and Operation Plan Addendum approval letter, dated
December 18, 2014, from the CDPHE.
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 3
a. The Board previously found the applicant was in violation of
Development Standard #6 due to violating conditions of the
Engineering Design and Operations Plan (EDOP) and Solid Waste
Regulations, including, but not limited to, fencing, security
measures, and signage which are non-compliance.
• The Board hereby finds the requirement to follow an approved
Engineering Design and Operations Plan (EDOP) as
determined and regulated under the Colorado Department of
Public Health and Environment (CDPHE) Regulations
Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2,
Part 1) does not apply to facilities where only manure is used
as feedstock for digestion. However, as part of the EDOP the
site must follow its approved Closure and Post Closure Plan. In
a letter from CDPHE dated November 3, 2020, the facility's
financial assurance mechanism was released, which is only
authorized by section 4.6.13 of the Regulations after the
applicant demonstrates compliance with the Closure and Post
Closure Plan. Therefore, the Board finds that the applicant has
demonstrated compliance with the EDOP.
b. The Board previously found that the applicant was in violation of
Development Standard #6 due to operating the facility without a
Certificate of Designation (CD).
• The Board hereby finds the requirement for a facility to have a
Certificate of Designation (CD) is determined and regulated
under the Colorado Department of Public Health and
Environment (CDPHE) Regulations Pertaining to Solid Waste
Sites and Facilities (6 CCR 1007-2, Part 1) and does not apply
to facilities where only manure is used as feedstock for
digestion. This is further explained in the letter from the CDPHE
"Concurrence with the Regulatory Confirmation Letter for
Revised Operations Heartland Biogas Facility, Weld County,
Colorado" from the CDPHE dated November 2, 2020. if the
facility takes any other material other than manure, it may fall
under the requirements to obtain a CD. However, because the
applicant does not propose to accept any other material at this
time, the Board finds that a CD is not required.
c. The Board previously found that the applicant was in violation of
Development Standard #6 due to failing to prevent off -site nuisance
conditions in violation of the Solid Waste Regulations regarding
odor, including a violation of Regulation 2 of an odor in excess of a
7:1 threshold as well as odor which is resulting in nuisance that
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 4
interferes with the use and enjoyment of property near the facility,
evidenced by over 600 complaints.
• The Board hereby finds that by addressing the issues outlined
below, specifically Development Standard 17 and 21, PRB will,
by default, correct this Violation. No further action is specifically
required to correct this violation at this time.
d. The Board previously found that the applicant was in violation of
Development Standard #6 due to disposing of waste through land
application of digested solids free liquid and lagoon water without
receiving appropriate approval from the State and County, including
a Beneficial Use Determination, as admitted by the facility's
representative, stating that no such determination was necessary
because the classification of the waste, despite the submission of a
Solid Waste Beneficial Use Determination by the applicant's
representative on December 7, 2016.
• The Board hereby finds the products and by-products from
manure digestion are production of biogas/renewable natural
gas and organic soil and liquid nutrient by-product. These
products and by-products do not fall under the Regulations
Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2,
Part 1) and does not apply to facilities where only manure is
used as feedstock for digestion. These products and by-
products must still comply with any and all federal, state and
local regulations.
e. The Board previously found that the applicant was in violation of
Development Standard #6 due to receiving waste grease prior to
obtaining appropriate approval and, therefore, illegally disposing of
waste grease between October 9, 2015, and February 3, 2016.
• The Board hereby finds the facility will no longer accept any
feedstock other than manure. By doing so, they will no longer
need to comply with the Regulations Pertaining to Solid Waste
Sites and Facilities (6 CCR 1007-2, Part 1).
f. The Board previously found that the applicant was in violation of
Development Standard #6 due to not being compliant with its
Engineering Design and Operations Plan (EDOP) because of the
failure to shelter and cover waste streams.
• The Board hereby finds due to the nature of the proposed
facility, an Engineering Design and Operations Plan (EDOP) is
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 5
not required. Manure handling is outlined in PRB's operation
plan.
g.
The Board previously found that the applicant was in violation of
Development Standard #6 due to failing to offload manure via a
hose and instead gravity feeding it into an open lagoon.
• The Board hereby finds due to the nature of the proposed
facility, an Engineering Design and Operations Plan (EDOP) is
not required. Manure handling is outlined in PRB's operation
plan.
h. The Board previously found that the applicant was in violation of
Development Standard #6 due to not storing material for de -
packaging in an enclosed coverall building and that food waste,
including, but not limited to dog food, is being stored in the open.
J.
• The Board hereby finds manure will be the only feedstock
accepted at the facility. By only accepting this feedstock there
will be no foreseeable issues with feedstocks other than manure
being stored.
The Board previously found that the applicant was in violation of
Development Standard #6 due to storing manure waste in open
pits.
• The Board hereby finds due to the nature of the proposed
facility, an Engineering Design and Operations Plan (EDOP) is
not required. Manure handling is outlined in PRB's operation
plan.
The Board previously found that the applicant was in violation of
Development Standard #6 due to not installing a bio-filter at the
substrate tanks in compliance with Appendix X of the 2013
Engineering Design and Operations Plan (EDOP).
• The Board hereby finds due to the nature of the proposed
facility, an Engineering Design and Operations Plan (EDOP) is
not required. Additionally, PRB has outlined an odor control plan
to help with any potential off -site odors related to the facility.
k. The Board previously found that the applicant was in violation of
Development Standard #6 due to violating 6 CCR 1007.1.84(8),
which requires the governing body to review the financial assurance
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 6
of any facility wishing to obtain a Certificate of Designation, which
has not taken place.
• The Board hereby finds the requirement for a facility to have a
Certificate of Designation (CD) is determined and regulated
under the Colorado Department of Public Health and
Environment (CDPHE) Regulations Pertaining to Solid Waste
Sites and Facilities (6 CCR 1007-2, Part 1) and does not apply
to facilities where only manure is used as feedstock for
digestion. The also applies to the requirement for financial
assurance. By keeping a manure only feedstock, the facility will
not need to comply with the Regulations.
The Board previously found that the applicant was in violation of
Development Standard #6 due to failing to obtain a review from the
Board of County Commissioners regarding the ability of this
particular company, Heartland Biogas, LLC, to comply with the
factors outlined in C.R.S. §30-20-104.
• The Board hereby finds the proposed facility will no longer need
to comply with C.R.S. §30-20-104, due to the proposed
feedstock change and that the change removes the facility from
CDPHE regulations.
2. Violation 2, Development Standard 10: The property owner or facility
operator shall notify the Weld County Department of Public Health and
Environment, Department of Planning Services and the Colorado
Department of Public Health and Environment in the event of any
deviations from, or proposed changes to, the facilities Design and
Operations Plan.
a. The Board previously found that the applicant was in violation of
Development Standard #10 due to submitting Change Order
requests 11, 12, and 13 which were submitted to the State but not
to the County.
• The Board hereby finds due to the nature of the proposed
facility, an Engineering Design and Operations Plan (EDOP) is
not required. As such, the change orders are now
inconsequential since the EDOP will not be used as the facility's
operating plan.
b. The Board previously found that the applicant was in violation of
Development Standard #10 due to submitting the Work Plan
regarding the Groundwater Monitoring Plan waiver request to the
State but not the County.
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 7
• The Board hereby finds that while the conditions for a
Groundwater Monitoring Plan (GWMP) are not required for the
purposed use, the GWMP was and is required to meet closure
and post -closure requirements for the site. Based on the
CDPHE November 3, 2020, letter, releasing the facility's
financial assurance mechanism, in accordance with section
4.6.13 of the Regulations, the Board finds that the applicant has
corrected this violation.
c. The Board previously found that the applicant was in violation of
Development Standard #10 due to modifying the Engineering
Design and Operations Plan (EDOP) without appropriate
notification and approval of the County, as evidenced by the email
exchange on February 24, 2014.
• The Board hereby finds that due to the nature of the proposed
facility, an Engineering Design and Operations Plan (EDOP) is
not required. As such, the modification to the EDOP is
inconsequential since the EDOP will not be used as the facility's
operating plan.
d. The Board previously found that the applicant was in violation of
Development Standard #10 due to failing to comply with the
Drainage Plan due to the difference in the size of the swale and
water levels.
• The Board hereby finds a Revised Drainage Report, including
as -built certifications, reflecting current on -site drainage
conditions will be required prior to operation and shall be added
as a Condition of Approval. The applicant submitted a letter
from a Professional Engineer indicating that he saw no
evidence that the site is not in compliance with the current
stormwater requirements in the Weld County Code.
e. The Board previously found that the applicant was in violation of
Development Standard #10 due to making modifications to the
Engineering Design and Operations Plan (EDOP), which were not
contemplated in the original grant of the Certificate of Designation
and some of which have not been appropriately provided to and
approved of by the County.
• The Board hereby finds that due to the nature of the proposed
facility, an Engineering Design and Operations Plan (EDOP) is
not required. As such, the modification to the EDOP is
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 8
inconsequential since the EDOP will not be used as the facility's
operating plan.
3. Violation 3, Development Standard 17: The facility shall operate in
compliance with applicable Colorado Air Quality Control Regulations and
comply with any permits issued by the Air Pollution Control Division.
a. The Board previously found that the applicant was in violation of
Development Standard #17 due to failing to comply with the Air
Quality Standards as evidenced by the Consent Agreement entered
into with the State Air Quality Division which will not reach full
compliance until June of 2017.
• The Board hereby finds that Compliance Order on Consent
(COC) modification NO. 2, Case NO. 2016-201, AIRS NO. 123-
9A94 was provided indicating the transfer of the consent order
to the new operator, PRB. PRB must now comply with the COC
which outlines specific items related to the facility and its
operations. This includes complying with the Act and
Regulations in the regulation and control of air pollutants from
the facility, AQCC Regulation NO. 2, Part A, I.A., and
modification of Permit Number 12W3172. All of which will occur
upon reopening and when the feedstock is accepted for
processing.
b. The Board previously found that the applicant was in violation of
Development Standard #17 due to having recorded a violation of
the Air Quality standards on April 27, 2016, for exceeding the odor
threshold of 7:1.
• The Board hereby finds that while a recorded violation did
occur, the proposed use for the digester as a manure only
digester will alleviate this issue as food waste was the driving
factor in odor creation, especially outside of typical agricultural
odors for the area. Additionally, manure does produce some
odors through Hydrogen Sulfide (H2S), but the proposed odor
management by PRB seems adequate to address this issue.
c. The Board previously found that the applicant was in violation of
Development Standard #17 due to not identifying all of the odor
sources requiring an APEN or permit, nor complying with all
permitting requirements, specifically, the failure to identify the DPS
as an emissions source.
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 9
• The Board hereby finds that Compliance Order on Consent
(COC) modification NO. 2, Case NO. 2016-201, AIRS NO. 123-
9A94 was provided indicating the transfer of the consent order
to the new operator, PRB. PRB must now comply with the COC
which outlines specific items related to the facility and its
operations. This includes complying with the Act and
Regulations in the regulation- and control of air pollutants from
the facility, AQCC Regulation NO. 2, Part A, I.A., and
modification of Permit Number 12W3172. All of which will occur
upon reopening and when the feedstock is accepted for
processing.
d. The Board previously found that the applicant was in violation of
Development Standard #17 due to not complying with its Odor
Management Plan to include the covering of offloaded wastes and
storage of manure and waste, as well as taking appropriate
mitigation measures to prevent off -site odor conditions.
• The Board hereby finds PRB's Operations Plan, including the
lack of solid waste, updating equipment and appropriate
permitting, provides a reasonable plan for odor control at the
site. This also indicates the location of manure offload. Both
address appropriate mitigation measures to prevent off -site
odors, especially when considering the site will only take
manure as its feedstock.
4. Violation 4, Development Standard 21: In accordance with the Colorado Air
Quality Control Commissions Regulation Number 2, odor detected off site
shall not exceed the level of seven -to -one (7:1) dilution threshold.
a. The Board previously found that the applicant was in violation of
Development Standard #21 due to failing to comply with
Regulation 2 as evidenced by the Consent Agreement entered into
with the State Air Quality Division, which will not reach full
compliance until June of 2017.
• The Board hereby finds that Compliance Order on Consent
(COC) modification NO. 2, Case NO. 2016-201, AIRS NO. 123-
9A94 was provided indicating the transfer of the consent order
to the new operator, PRB. PRB must now comply with the COC
which outlines specific items related to the facility and its
operations. This includes complying with the Act and
Regulations in the regulation and control of air pollutants from
the facility, AQCC Regulation NO. 2, Part A, I.A., and
modification of Permit Number 12W3172. All of which will occur
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 10
upon reopening and when the feedstock is accepted for
processing.
b. The Board previously found that the applicant was in violation of
Development Standard #21 due to recording a violation of the Air
Quality standards on April 27, 2016, for exceeding the odor
threshold of 7:1.
• The Board hereby finds that while a recorded violation did
occur, the proposed use for the digester as a manure only
digester will alleviate this issue as food waste was the driving
factor in odor creation, especially outside of typical agricultural
odors for the area. Additionally, manure does produce some
odors through Hydrogen Sulfide (H2S), but the proposed odor
management by PRB seem adequate to address this issue.
5. Violation 5, Development Standard 30: Waste materials, not specifically
addressed by other development standards, shall be handled, stored, and
disposed in a manner that controls fugitive dust, blowing debris, and other
potential nuisance conditions.
a. The Board previously found that the applicant was in violation of
Development Standard #30 due to failing to control nuisance
conditions as evidenced by the testimony and photographs relating
to off -site nuisance conditions such as blowing trash, uncovered
trash containers, and off -site odor conditions.
• The Board hereby finds the proposed use will only collect and
process manure from surrounding dairy operations. It is
anticipated that this use will not produce the same solid waste
material (general trash) associated with food waste processing.
A site inspection by County staff on November 3, 2021,
indicated no evidence of off -site nuisance conditions including,
blowing debris, uncovered containers, or off -site odor
conditions.
6. Violation 6, Development Standard 34: The operation shall comply with all
applicable rules and regulations of state and federal agencies and the Weld
County Code.
a. The Board previously found that the applicant was in violation of
Development Standard #34 due to failing to comply with applicable
rules and regulations as evidenced by the above references to the
facility operating without a Certificate of Designation.
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 11
• The Board hereby finds the requirement for a facility to have a
Certificate of Designation (CD) is determined and regulated
under the Colorado Department of Public Health and
Environment (CDPHE) Regulations Pertaining to Solid Waste
Sites and Facilities (6 CCR 1007-2, Part 1) and does not apply
to facilities where only manure is used as feedstock for
digestion. This is further explained in the letter from the CDPHE
"Concurrence with the Regulatory Confirmation Letter for
Revised Operations Heartland. Biogas Facility, Weld County,
Colorado" from the CDPHE dated November 2, 2020. If the
facility takes any other material other than manure, it may fall
under the requirements to obtain a CD. However, no other
material is proposed at this time.
b. The Board previously found that the applicant was in violation of
Development Standard #34 due to making modifications to the
approved Engineering Design and Operations Plan (EDOP) which
have not been appropriately approved.
• The Board hereby finds the requirement to follow an approved
Engineering Design and Operations Plan (EDOP) as
determined and regulated under the Colorado Department of
Public Health and Environment (CDPHE) Regulations
Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2,
Part 1) does not apply to facilities where only manure is used
as feedstock for digestion. However, as part of the EDOP the
site must follow its approved Closure and Post Closure Plan.
Based on the CDPHE November 3, 2020, letter, releasing the
facility's financial assurance mechanism, in accordance with
section 4.6.13 of the Regulations.
c. The Board previously found that the applicant was in violation of
Development Standard #34 due to failing to comply with fencing
requirements for the facility, signage requirements, security and
access to the facility, the method of unloading material at the facility,
the coverage/enclosure of the unloading docks at the facility, and
the coverage/enclosure of various aspects of the facility, including
the manure storage, and storage of waste outside.
• The Board hereby finds the requirement to follow an approved
Engineering Design and Operations Plan (EDOP) as
determined and regulated under the Colorado Department of
Public Health and Environment (CDPHE) Regulations
Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2,
Part 1) does not apply to facilities where only manure is used
as feedstock for digestion. However, as part of the EDOP the
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 12
site must follow its approved Closure and Post Closure Plan.
Based on the CDPHE November 3, 2020, letter, releasing the
facility's financial assurance mechanism, in accordance with
section 4.6.13 of the Regulations.
d. The Board previously found that the applicant was in violation of
Development Standard #34 due to not complying with the terms of
the Weld County Code for the permitting of a Solid Waste Facility.
• The Board hereby finds the change in feedstock removes the
facility from Solid Waste Permitting requirements further
determined in the letter from the CDPHE "Concurrence with the
Regulatory Confirmation Letter for Revised Operations
Heartland Biogas Facility, Weld County, Colorado" from the
CDPHE dated November 2, 2020.
e. The Board previously found that the applicant was in violation of
Development Standard #34 due to making modifications in the
number of gallons of waste stored, the height and number of the
storage tanks.
• The Board hereby finds only one (1) feedstock, manure, will be
stored at the site along with the various products and by-
products. County staff conducted a site inspection in November
2021 and determine that there were no remaining issues with
site layout, number of containers, height of the containers, or
number of gallons of waste stored.
f. The Board previously found that the applicant was in violation of
Development Standard #34 due to failing to comply with the State
Solid Waste Regulations relating to control of nuisance conditions,
including odors and windblown debris.
• The Board hereby finds that by complying with Violation 4 and
5 this violation is corrected.
g.
The Board previously found that the applicant was in violation of
Development Standard #34 due to failing to remit their Solid Waste
Surcharge fees.
• The Board hereby finds the WCDPHE does not have access to
waste logs to determine which waste was subject to County
Surcharge fees, so is unable to determine associated costs.
Additionally, the current owner is not part of the original
business and should not be subject to back fees/fines from the
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 13
previous owner. While this violation is still not corrected, there
does not seem to be enough information to fully remedy this and
the Board considers this violation corrected.
h. The Board previously found that the applicant was in violation of
Development Standard #34 due to not obtaining continued
permission for the use and placement of the office trailers because
Zoning Permits ZPMH-15-0016 and ZPMH-15-0017 expired as of
November of 2016.
• The Board hereby finds that these items have been removed
from the site.
The Board previously found that the applicant was in violation of
Development Standard #34 due to utilizing Cargo containers on the
property that do not have the necessary building permits.
• The Board hereby finds that these items have been removed
from the site.
7. Violation 7, Development Standard 42: The property owner or operator
shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
a. The Board previously found that the applicant was in violation of
Development Standard #42 due to the above listed violations.
• The Board hereby finds that by addressing the issues outlined
above in a manner that the County deems the violation
corrected, PRB will, by default, correct this violation. No action
is specifically required to correct this violation at this time.
b. The Board previously found that the applicant was in violation of
Development Standard #42 due to failing to comply with the
Development Standards in Chapter 23-2-250(8) of the Weld County
Code, including failure to operate with a valid Certificate of
Designation.
• The Board hereby finds that by addressing the issues outlined
above in a manner that the County deems the violation
corrected, PRB will, by default, correct this violation. No action
is specifically required to correct this violation at this time.
Additionally, by changing the feedstock accepted at the site a
Certificate of Designation (CD) will no longer be required.
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 14
c. The Board previously found that the applicant was in violation of
Development Standard #42 due to violating the Air Quality
Standards.
• The Board hereby finds that by addressing the issues outlined
above, specifically Development Standard 17 and 21, PRB will,
by default, correct this violation. No action is specifically
required to correct this violation at this time.
d. The Board previously found that the applicant was in violation of
Development Standard #42 due to not obtaining appropriate
approval for signage.
• The Board hereby finds the sign has been removed and any
new sign will comply with County Code, therefore, the Board
considers this violation corrected.
e. The Board previously found that the applicant was in violation of
Development Standard #42 due to not complying with its Drainage
Plan due to the difference in the size of the swale and water levels
compared to the approved Drainage Report.
• The Board hereby finds a Revised Drainage Report, including
as -built certifications, reflecting current on -site drainage
conditions will be required prior to operation and shall be added
as a Condition of Approval.
8. Violation 8, Development Standard 45: The property owner or operator
shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
• The Board hereby finds that by addressing the issues outlined above,
in a manner that the County deems the violation corrected, PRB will,
by default, correct Violation 8. No action is specifically required to
correct this violation at this time.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Platte River Biogas, LLC, to lift the suspension and reinstate
the above -stated permits for a Solid Waste Disposal Site and Facility (including Class I
composting, an animal waste recycling or processing facility [an anaerobic digester -based
renewable energy plant [gas]), along with a Concrete Batch Plant to be used for construction of
the facility for the addition of a Digester Process System and a 70 -foot flare in the A (Agricultural)
2021-3501
PL2072
LIFT SUSPENSION AND REINSTATE A SITE SPECIFIC DEVELOPMENT PLAN AND MINOR
AMENDED USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 (FORMERLY USR-1704) -
PLATTE RIVER BIOGAS, LLC
PAGE 15
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following condition:
1. Prior to operation the property owner shall submit a Revised Drainage Report,
including as -built certifications, reflecting current on -site drainage conditions to
Weld County Development Review for review and approval.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of December, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di ,
Weld County Clerk to the Board
County % torney
Date of signature: 1(&i2
Stele M. eno, Chair
2021-3501
PL2072
MEMORANDUM
TO: Board of County Commissioners
DATE: December 28, 2021
FROM: Chris Gathman — Planner Ill
SUBJECT: Request for Reinstatement of MUSR14-0030
BACKGROUND INFORMATION:
Property Information:
Property Owner:
Property Address:
Parcel Number:
Legal Description:
Platte River Biogas, LLC
19179 County Road 49
1055-25-4-00-014
Part of the NW4 Section 25, T4N, R65W of the 6th PM
MUSR14-0030 and PCSC16-0001 Background:
July 21, 2010 - USR-1704 - A Site Specific Development Plan and a Special Review Permit for a solid waste
disposal site and facility (including Class I composting), an animal waste recycling or processing facility (an
anaerobic digester -based renewable energy plant (gas)) along with a concrete batch plant to be used for
construction of the facility in the A (Agricultural) Zone District approved by the Board of County
Commissioners.
February 25, 2013 - Changes to Site Layout of USR-1704 approved by the Board of County Commissioners
changes included changing from 6 lined ponds (1 storm water pond and 5 addition process ponds) to 3 lined
ponds (2 storm water ponds, 1 settling basin, 1 covered digester lagoon), and changing the digester design
from 24 rectangular, in ground covered digester pits to 5 above ground digester tanks approximately 50 -feet
in height.
* Notice of the proposed change sent to property owners within 500 ft.
Nov. 7, 2013 - On October 30, 2013 the consultant for the facility submitted a change request form outlining
the property information changes which included: (Owner/Operator, Project Developer and Legal Description)
State approved name changes on November 7, 2013.
Feb. 5, 2014 - USR-1704 plat recorded
Feb. 25, 2015 - MUSR14-0030 - A Minor Amendment to a Site Specific Development Plan and Use by
Special Review Permit No. USR-1704 (solid waste disposal site and facility including Class I composting, an
animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas))
along with a concrete batch plant to be used for construction of the facility) for the addition of a Digester
Process System and a 70 -foot flare in the A (Agricultural) Zone District approved by the Director of the
Department of Planning Services.
* Notice of Minor Amendment mailed to property owners within 500 ft.
* Development Standard 6 modified to refer to EDOP approval letter dated 12/18/2014.
* Development Standard #30 modified to make more general (refers to all state and federal agencies — vs.
CDPHE and local laws)
* Development Standards approved under MUSR14-0030 are the Development Standards of record for the
Heartland Site.
June 30, 2016 - Letter mailed via certified mail to owner/applicant re: 7/11/2016 probable cause hearing.
July 11, 2016 - Probable Cause Hearing — finding of Show Cause — Show Cause Hearing scheduled for
9/19/2016.
September 19, 2016 — December 19, 2016 — Three (3) Show Cause hearings hearing conducted (Show
Cause Hearings were continued on September 19'h and November 14th ). Final Show Cause Hearing
was Held December 19, 2016.
December 19, 2016 — The Board of County Commissioners determined that Heartland Biogas, LLC was
operating without of Certificate of Designation and was in violation of Eight (8) Development Standards
under MUSR14-0030. Based on these findings the Board of County Commissioners suspended
operations of Heartland Biogas, LLC until a valid Certificate of Designation is obtained and the facility
comes into compliance with all of the Development Standards.
June 30, 2020 — Heartland Biogas, LLCC sold property to Platte River Biogas, LLC per Special Warranty
Deed recorded under Reception #4603820
RECONSIDERATION REQUEST:
AGPROfessionals (on behalf of Platte River Biogas, LLC), in a letter to the Department of Planning
Services dated November 15, 2021, provided a response stating that they have satisfied the conditions
outlined in the December 19, 2016 Board of County Commissioners resolution and requested
reinstatement of MUSR14-0030 as a manure -only digester facility.
STAFF RECOMMENDATION:
Staff has reviewed the request from AGPROfessionals to reinstate MUSR14-0030 for a manure -only
digester facility and recommends that MUSR14-0030 be reinstated per the reasons stated in the
Memorandum from Ben Frissell — Environmental Health Services to Chris Gathman & Tom Parko Jr. —
Department of Planning Services dated November 16, 2021.
Staffs recommendation is subject to the following condition:
Development Review reviewed the submitted final Drainage Report with a revised date of 2/6/2013 for the
Heartland Biogas facility. As identified during the show cause hearing this report does not match the
current on -site conditions. Therefore, Weld County Development Review is respectfully requesting that
AgPro satisfy one of the following conditions prior to operation of the facility:
Submit a Revised Drainage Report reflecting current on -site drainage conditions to Weld County
Development Review for review and approval.
MUSR14-0030 Reinstatement
Request
Owner: Platte River Biogas, LLC
Legal Description: Part of the NW4 of Section 25, T4N, R65W of the 6th PM
Location: West of and adjacent to County Road 49 and North of and adjacent
to County Road 40 section line
MUSR14-0030 and PCSC16-0001 Background
• July 21, 2010 - USR-1704 - A Site Specific Development Plan and a Special Review Permit for a
solid waste disposal site and facility (including Class I composting), an animal waste recycling or
processing facility (an anaerobic digester -based renewable energy plant (gas)) along with a concrete
batch plant to be used for construction of the facility in the A (Agricultural) Zone District approved by
the Board of County Commissioners.
• February 25, 2013 - Changes to Site Layout of USR-1704 approved by the Board of County
Commissioners changes included changing from 6 lined ponds (1 storm water pond and 5 addition
process ponds) to 3 lined ponds (2 storm water ponds, 1 settling basin, 1 covered digester lagoon),
and changing the digester design from 24 rectangular, in ground covered digester pits to 5 above
ground digester tanks approximately 50 -feet in height.
•
• * Notice of the proposed change sent to property owners within 500 ft.
• Nov. 7, 2013 - On October 30, 2013 the consultant for the facility submitted a change request form
outlining the property information changes which included: (Owner/Operator, Project Developer and
Legal Description)
• State approved name changes on November 7, 2013.
Feb. 5, 2014 - USR-1704 plat recorded
Feb. 25, 2015 - MUSR14-0030 - A Minor Amendment to a Site Specific Development Plan and Use by
Special Review Permit No. USR-1704 (solid waste disposal site and facility including Class I composting,
an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant
(gas)) along with a concrete batch plant to be used for construction of the facility) for the addition of a
Digester Process System and a 70 -foot flare in the A (Agricultural) Zone District approved by the Director
of the Department of Planning Services.
Notice of Minor Amendment mailed to property owners within 500 ft.
Development Standard 6 modified to refer to EDOP approval letter dated 12/18/2014.
Development Standard #30 modified to make more general (refers to all state and federal agencies —
vs. CDPHE and local laws)
Development Standards approved under MUSR14-0030 are the Development Standards of record for
the Heartland Site.
June 30, 2016 - Letter mailed via certified mail to owner/applicant re: 7/11/2016 probable cause hearing.
July 11, 2016 - Probable Cause Hearing — finding of Show Cause — Show Cause Hearing scheduled
for 9/19/2016.
September 19, 2016 — December 19, 2016 — Three (3) Show Cause hearings hearing conducted
(Show Cause Hearings were continued on September 19th and November 14th ). Final Show Cause
Hearing was Held December 19, 2016.
December 19, 2016 — The Board of County Commissioners determined that Heartland Biogas, LLC
was operating without of Certificate of Designation and was in violation of Eight (8) Development
Standards under MUSR14-0030. Based on these findings the Board of County Commissioners
suspended operations of Heartland Biogas, LLC until a valid Certificate of Designation is obtained and
the facility comes into compliance with all of the Development Standards.
June 30, 2020 — Heartland Biogas, LLCC sold property to Platte River Biogas, LLC per Special
Warranty Deed recorded under Reception #4603820
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RECONSIDERATION REQUEST:
AGPROfessionals (on behalf of Platte River Biogas, LLC), in a letter to the Department of
Planning Services dated November 15, 2021, provided a response stating that they have
satisfied the conditions outlined in the December 19, 2016 Board of County Commissioners
resolution and requested reinstatement of MUSR14-0030 as a manure -only digester facility.
STAFF RECOMMENDATION:
Staff has reviewed the request from AGPROfessionals to reinstate MUSR14-0030 for a manure -
only digester facility and recommends that MUSR14-0030 be reinstated per the reasons stated in
the Memorandum from Ben Frissell — Environmental Health Services to Chris Gathman & Tom
Parko Jr. — Department of Planning Services dated November 16, 2021.
Staff's recommendation is subject to the following condition:
Development Review reviewed the submitted final Drainage Report with a revised date of
2/6/2013 for the Heartland Biogas facility. As identified during the show cause hearing this report
does not match the current on -site conditions. Therefore, Weld County Development Review is
respectfully requesting that AgPro satisfy one of the following conditions prior to operation of the
facility:
Submit a Revised Drainage Report reflecting current on -site drainage conditions to Weld County
Development Review for review and approval.
From:
To:
Subject:
Date:
Chris Gathman
Chris Gathman
Fwd: Heartland Visit
Tuesday, December 28, 2021 3:06:02 PM
email i n ed o tt a of Weld Coun ,met• l°ent al ell
the sender and know the ontent' is safe.
Sent from my iPhone
Begin forwarded message:
From: Chris Gathman <cgator71 @icloud.com>
Date: November 3, 2021 at 16:15:49 MDT
To: Tom Parko <tparko@weldgov.com>
Subject: Heartland Visit
Dear Tom,
In looking at the Heartland facility today - I saw no outstanding planning and
building issues. The outstanding issues brought up at the show cause hearing have
been addressed. See you next week.
Chris
Sent from my iPhone
Jessica Reid
From:
Sent:
To:
Subject:
Attachments:
Esther Gesick
Thursday, December 9, 2021 1:00 PM
Jessica Reid
FW: Platte River Biogas
Platte River Biogas Request to Operate - Final.docx
From: Tom Parko Jr. <tparko@weldgov.com>
Sent: Thursday, December 9, 2021 12:45 PM
To: Esther Gesick <egesick@weldgov.com>
Subject: FW: Platte River Biogas
For the record.
From: Tom Parko Jr.
Sent: Monday, December 6, 2021 1:09 PM
To: Tim Naylor <tnaylor@agpros.com>
Cc: Ben Frissell <bfrissell-durley@weldgov.com>; Chris Gathman <cgathman@weldgov.com>; Dawn Anderson
(dranderson@weldgov.com) <dranderson@weldgov.com>
Subject: Platte River Biogas
Dear Mr. Naylor,
Thank you for the follow up email dated November 15th responding to Weld County staffs initial
review. Please see Mr. Frissell's comments from Environmental Health.
Ms. Anderson with Development Review was able to review the final drainage report, delivered by
AgPro, with a revised date of 2/6/2013. She noted that during the show cause hearing storm water
tables associated with Appendix M of a drainage report dated 5/21/2013 were referenced, however
there is not a report with that date on file. Staff indicated at the time that the information in that report
did not reflect the actual condition in the field. Since 2013, there has been no change or updated
drainage report. That said, the County does have on file a set of construction plans dated 5/22/2013
that were accepted by the State and show plan and profiles for the ponds and swales. Ms. Anderson
is respectfully requesting that AgPro submit a memo stamped by an engineer that acknowledges that
the on -site drainage matches that which is documented in the construction plans.
The County has no further planning or building concerns and is ready to move forward with placing
the request before the Board of County Commissioners on Wednesday December 29th. If you have
any questions, please don't hesitate to contact me.
Sincerely,
Tom Parko
Director
Weld County Department of Planning Services
1555 No. 17th Avenue I Greeley, CO 80631
Office: 970.400-3572
Cell: 970-302-5333
1
I) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
4 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Chris Gathman, Tom Parko Jr.
From: Ben Frissell, Environmental Health Services
Date: November 16, 2021
Re: Platte River Biogas
Environmental Health (EH) Services has reviewed Platte River Biogas, LLC (PRB)
request and supporting documentation for re -instatement of MUSR14-0030. Operating
permit MUSR14-0030, which was originally issued to Headland Biogas, LLC. was
suspended based on information and evidence presented to the Board of County
Commissioners (BOCC) as part of a Show Cause Hearing on November 14, 2016
(PCSC160004). The Show Cause Hearing outlined violations of eight Development
Standards which required appropriate actions before the suspended permit (MUSR14-
0030) would be reinstated and the facility allowed to operate. It appears based upon
information provided by the applicant, Platte River Biogas, their consultant, and from
onsite inspections performed by Environmental Health staff, that the violations have
been corrected, EH has no objection to reinstatement of MUSR14-0030.
The proposed use of the facility, as outlined by PRB, is to only accept manure to use in
the production of biogas/renewable natural gas and organic soil and liquid nutrient by-
product. By changing the accepted material to manure only, the proposed facility will no
longer fall under the Colorado Department of Public Health and Environment (CDPHE)
the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1,
(the "Regulations"). This determination is further confirmed in a letter titled,
"Concurrence with the Regulatory Confirmation Letter for Revised Operations Headland
Biogas Facility, Weld County, Colorado" from the CDPHE dated November 2, 2020.
This excludes any requirements for a Certificate of Designation (CD) along with a
number of other specific sections and requirements within the Regulations that are not
required for a facility proposing to accept only manure.
Additionally, the CDPHE also provide a letter titled, "Financial Assurance Mechanism
Release Heartland Biogas, LLC" dated November 3, 2020. This letter is a release for
Headland Biogas, LLCs from their Surety Bond, No. K08981048 which is in accordance
with Section 4.6.13 of the Regulations. Section 4.6.13 specifically states: "After
receiving certification from the owner or operator and a Colorado registered professional
engineer that final closure, post -closure and corrective action has been completed in
accordance with the approved plans, the department shall verify that the closure, post -
Health Administration
Vital Records
Tele: 970-304-6410
Fax: 970-304-6412
Public Health &
Clinical Services
Tele: 970-304-6420
Fax: 970-304-6416
Environmental Health Communication,
Services Education & Planning
Tele: 970-304-6415 Tele: 970-304-6470
Fax: 970-304-6411 Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6452
Public Health
closure and corrective action has met the requirements as established and shall consult
with the local governing authority Once verified, the department will notify the owner
and operator that they are no longer subject to the requirements of this section If there
is reason to believe that the closure, post -closure and corrective action activities have
not been made in accordance with the approved plan(s), the department shall provide
the owner or operator with a detailed written statement of any deficiencies "
Based on this section of the Regulations and the CDPHE letter "Financial Assurance
Mechanism Release Heartland Biogas, LLC" it is assumed that Heartland has met all
CDPHE requirements related to closure, post -closure and corrective action It should
be noted that Weld County Department of Public Health and Environment (WCDPHE)
reached out numerous times to confirm this information with the CDPHE The CDPHE
declined to provide any further comment
In addition to the information provided by the applicant and their consultant, WCDPHE
performed an Odor Investigation on October 29, 2021 that resulted in no findings An
onsite visit was also conducted on November 3, 2021 which concluded that the facility
was not storing any waste of any kind, observed no blowing debris and noted the facility
appeared to be shuttered in a correct manner While County Surcharges (Chapter 5,
Article III of the Weld County Code) were not remitted by Heartland, even after request
to do so, the County does not have access to accurate waste logs to determine type
and quantity of waste received and is therefore unable to determine associated costs
WCDPHE also believes the current owner, PRB, is not part of the original business and
should not be subject to back fees/fines that resulted from the previous owner's failure
to remit payment
A detailed item by item list, taken from the PCSC16-0004 Resolution, is presented
below indicating the status for each violation and subsequent findings Environmental
Health's response is in red
Violation 1
Development Standard 6
The property owner or operator shall comply with the applicable sections of the
regulations pertaining to the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-
2) and be constructed, operated, and monitored as detailed in the application materials
and conditions detailed in the Design & Operations Plan approval letter, dated April 7
2010, from the Colorado Department of Public Health and Environment (CDPHE) in
conjunction with the application materials and conditions detailed in the Digester
Processing System Engineering Design and Operation Plan Addendum approval letter,
dated December 18 2014, from the CDPHE (Department of Public Health and
Environment)
Board Finding
Heartland Biogas is in violation of Development Standard #6 due to
a violating conditions of the Engineering Design and Operations Plan (EDOP) and
the Solid Waste Regulations, including, but not limited to, fencing, security
measures, and signage which are non -compliant,
b. operating the facility without a Certificate of Designation;
c. failing to prevent off -site nuisance conditions in violation of the Solid Waste
Regulations regarding odor, including a violation of Regulation 2 of an odor in
excess of a 7: 1 threshold as well as odor which is resulting in a nuisance that
interferes with the use and enjoyment of property near the facility, evidenced by
over 600 complaints;
d. disposing of waste through land application of digested solids free liquid and
lagoon water without receiving appropriate approval from the State and County,
including a Beneficial Use Determination, as admitted by the facility's
representative stating that no such determination was necessary because of the
classification of the waste, despite the submission of a Solid Waste Beneficial Use
Determination by Heartland's representative on December 7, 2016;
e. receiving waste grease prior to obtaining appropriate approval and, therefore,
illegally disposing of waste grease between October 9, 2015, and February 3,
2016;
f. not being compliant with its Engineering Design and Operations Plan (EDOP)
because of the failure to shelter and cover waste streams;
g. failing to offload manure via a hose and instead gravity feeding it into an open
lagoon;
h. not storing material for de -packaging in an enclosed coverall building and that food
waste, including, but not limited to dog food, is being stored in the open;
i. storing manure waste in open pits;
�. not installing a bio-filter at the substrate tanks in compliance with Appendix X of
the 2013 Engineering Design and Operations Plan (EDOP);
k. violating 6 CCR 1007.1.84(8) which requires the governing body to review the
financial assurance of any facility wishing to obtain a Certificate of Designation,
which has not taken place; and
I. failing to obtain a review from the Board of County Commissioners regarding the
ability of this particular company, Headland Biogas, LLC, to comply with the factors
outlines in C.R.S. 30-20-104.
Environmental Health Response:
a. The requirement to follow an approved Engineering Design and Operations Plan
(EDOP) as determined and regulated under the Colorado Department of Public
Health and Environment (CDPHE) Regulations Pertaining to Solid Waste Sites and
Facilities (6 CCR 1007-2, Part 1) does not apply to facilities where only manure is
used as feedstock for digestion. Any specific requirements related to site layout,
signage, fencing or other will fall under the Weld County Planning Department.
However, as part of the EDOP the site must follow its approved Closure and Post
Closure Plan. Based on the CDPHE November 3, 2020 letter, releasing the
facility's financial assurance mechanism, in accordance with section 4.6.13 of the
Regulations, EH considers Violation 1(a) corrected.
b. The requirement for a facility to have a Certificate of Designation (CD) is
determined and regulated under the Colorado Department of Public Health and
Environment (CDPHE) Regulations Pertaining to Solid Waste Sites and Facilities
(6 CCR 1007-2, Part 1) and does not apply to facilities where only manure is used
as feedstock for digestion. This is further explained in the letter from the CDPHE
"Concurrence with the Regulatory Confirmation Letter for Revised Operations
Heartland Biogas Facility, Weld County, Colorado" from the CDPHE dated
November 2, 2020. It should be noted that if the facility takes any other material
other than manure that it may fall under the requirements to obtain a CD. However,
no other material is proposed at this time. EH considers Violation 1(b) corrected.
c. By addressing the issues outlined below, specifically Development Standard 17
and 21, PRB will, by default, correct Violation 1(c). No action is specifically required
to correct this violation at this time.
d. The products and by-products from manure digestion are production of
biogas/renewable natural gas and organic soil and liquid nutrient by-product.
These products and by-products do not fall under the Regulations Pertaining to
Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1) and does not apply to
facilities where only manure is used as feedstock for digestion. These products
and by-products must still comply with any and all Federal, State and local
regulations. Please provide information relating to the products and by-products
and required certifications, registrations or similar. EH considers Violation 1(d)
corrected with the correct submittal of registrations, as applicable.
e. The facility will no longer accept any feedstock other than manure. By doing so,
they will no longer need to comply with the Regulations Pertaining to Solid Waste
Sites and Facilities (6 CCR 1007-2, Part 1). EH considers Violation 1(e) corrected.
f. Due to the nature of the proposed facility, an Engineering Design and Operations
Plan (EDOP) is not required. Manure handling is outlined in PRB's operation plan.
EH considers 1(f) corrected.
g. Due to the nature of the proposed facility, an Engineering Design and Operations
Plan (EDOP) is not required. Manure handling is outlined in PRB's operation plan.
EH considers 1(g) corrected.
h. Manure will be the only feedstock accepted at the facility. By only accepting this
feedstock there will be no foreseeable issues with feedstocks other than manure
being stored. EH considers 1(h) corrected.
i. Due to the nature of the proposed facility, an Engineering Design and Operations
Plan (EDOP) is not required. Manure handling is outlined in PRB's operation plan.
However, additional information on how the former impoundments will be used is
required. EH considers 1(i) corrected.
j. Due to the nature of the proposed facility, an Engineering Design and Operations
Plan (EDOP) is not required. Additionally, PBR has outlined an odor control plan
to help with any potential off -site odors related to the facility. EH considers 1(j)
corrected.
k. The requirement for a facility to have a Certificate of Designation (CD) is
determined and regulated under the Colorado Department of Public Health and
Environment (CDPHE) Regulations Pertaining to Solid Waste Sites and Facilities
(6 CCR 1007-2, Part 1) and does not apply to facilities where only manure is used
as feedstock for digestion. The also applies to the requirement for financial
assurance. By keeping a manure only feedstock, the facility will not need to comply
with the Regulations. EH considers Violation 1(k) corrected.
I. The proposed facility will no longer need to comply with C.R.S. 30-20-104 due to
the proposed feedstock change and that the change removes the facility from
CDPHE regulations. EH considers Violation 1(1) corrected.
Violation 2:
Development Standard 10:
The property owner or facility operator shall notify the Weld County Department of Public
Health & Environment, Department of Planning Services and the Colorado Department
of Public Health and Environment in the event of any deviations from or proposed
changes to the facilities Design & Operations Plan. (Department of Public Health &
Environment).
Board Findings:
Heartland Biogas is in violation of Development Standard #10 due to:
a. submitting Change Order requests 11, 12, and 13 which were submitted to the
State but not to the County;
b. submitting the Work Plan regarding the Groundwater Monitoring Plan waiver
request to the State but not the County;
c. modifying the Engineering Design and Operations Plan (EDOP) without
appropriate notification and approval of the County, as evidenced by the email
exchange on February 24, 2014;
d. failing to comply with the Drainage Plan due to the difference in the size of the
swale and water levels; and
e. making modifications to the Engineering Design and Operations Plan (EDOP)
which were not contemplated in the original grant of the Certificate of Designation
and some of which have not been appropriately provided and approved of by the
County.
Environmental Health Response:
a. Due to the nature of the proposed facility, an Engineering Design and Operations
Plan (EDOP) is not required. As such, the change orders are now inconsequential
since the EDOP will not be used as the facility's operating plan. EH considers
Violation 2(a) corrected.
b. While the conditions for a Groundwater Monitoring Plan (GWMP) are not required
for the purposed use, the GWMP was and is required to meet closure and post -
closure requirements for the site. Based on the CDPHE November 3, 2020 letter,
releasing the facility's financial assurance mechanism, in accordance with section
4.6.13 of the Regulations, EH considers Violation 2(b) corrected.
c. Due to the nature of the proposed facility, an Engineering Design and Operations
Plan (EDOP) is not required. As such, the modification to the EDOP is
inconsequential since the EDOP will not be used as the facility's operating plan.
EH considers Violation 2(c) corrected.
d. Please refer to Weld County Public Works comments.
e. Due to the nature of the proposed facility, an Engineering Design and Operations
Plan (EDOP) is not required. As such, the modification to the EDOP is
inconsequential since the EDOP will not be used as the facility's operating plan.
Additionally, EH considers Violation 2(e) corrected.
Violation 3:
Development Standard 17:
The facility shall operate in compliance with applicable Colorado Air Quality Control
Regulations and comply with any permits issued by the Air Pollution Control Division.
(Department of Public Health & Environment).
Board Findings:
Heartland Biogas is in violation of Development Standard #17 due to:
a. failing to comply with the Air Quality Standards as evidenced by the Consent
Agreement entered into with the State Air Quality Division which will not reach full
compliance until June of 2017;
b. having recorded a violation of the Air Quality standards on April 27, 2016, for
exceeding the odor threshold of 7:1;
c. not identifying all of the odor sources requiring an APEN or permit nor complying
with all permitting requirements, specifically, the failure to identify the DPS as an
emissions source; and
d. not complying with its Odor Management Plan to include the covering of offloaded
wastes and storage of manure and waste, as well as taking appropriate mitigation
measures to prevent off -site odor conditions.
Environmental Health Response:
a. Compliance Order on Consent (COC) modification NO. 2, Case NO. 2016-201,
AIRS NO. 123-9A94 was provided indicating the transfer of the consent order to
the new operator, PRB. PRB must now comply with the COC which outlines
specific items related to the facility and its operations. This includes complying
with the Act and Regulations in the regulation and control of air pollutants from the
facility, AQCC Regulation NO. 2, Part A, I.A., and modification of Permit Number
12W3172. All of which will occur upon reopening and when the feedstock is
accepted for processing. EH Considers Violation 3(a) corrected at this time.
b. While a recorded violation did occur, the proposed use for the digester as a manure
only digester may alleviate this issue as food waste seemed to be the driving factor
in odor creation, especially outside of typical agricultural odors for the area.
Additionally, manure does produce some odors through Hydrogen Sulfide (H2S),
but the proposed odor management by PRB seem adequate to address this issue.
EH considers Violation 3(b) corrected at this time.
c. Compliance Order on Consent (COC) modification NO. 2, Case NO. 2016-201,
AIRS NO. 123-9A94 was provided indicating the transfer of the consent order to
the new operator, PRB. PRB must now comply with the COC which outlines
specific items related to the facility and its operations. This includes complying
with the Act and Regulations in the regulation and control of air pollutants from the
facility, AQCC Regulation NO. 2, Pad A, I.A., and modification of Permit Number
12W3172. All of which will occur upon reopening and when the feedstock is
accepted for processing. EH Considers Violation 3(c) corrected at this time.
d PRB's Operations Plan provides a reasonable plan for odor control at the site. This
also indicates the location of manure offload. Both address appropriate mitigation
measures to prevent off -site odors, especially when considering the site will only
take manure as its feedstock. EH considers Violation 3(d) corrected at this time.
Violation 4:
Development Standard 21:
In accordance with the Colorado Air Quality Control Commissions Regulation Number 2,
odor detected off site shall not exceed the level of seven -to -one (7:1) dilution threshold.
(Department of Public Health & Environment).
Board Finding:
Heartland Biogas is in violation of Development Standard #21 due to:
a. failing to comply with Regulation 2 as evidenced by the Consent Agreement
entered into with the State Air Quality Division which will not reach full compliance
until June of 2017; and
b. recording a violation of the Air Quality standards on April 27, 2016, for exceeding
the odor threshold of 7:1.
Environmental Health Response:
a. Compliance Order on Consent (COC) modification NO. 2, Case NO. 2016-201,
AIRS NO. 123-9A94 was provided indicating the transfer of the consent order
to the new operator, PRB. PRB must now comply with the COC which outlines
specific items related to the facility and its operations. This includes complying
with the Act and Regulations in the regulation and control of air pollutants from
the facility, AQCC Regulation NO. 2, Part A, I.A., and modification of Permit
Number 12W3172. All of which will occur upon reopening and when the
feedstock is accepted for processing. EH Considers Violation 4(a) corrected
at this time.
b. While a recorded violation did occur, the proposed use for the digester as a
manure only digester may alleviate this issue as food waste seemed to be the
driving factor in odor creation, especially outside of typical agricultural odors for
the area. Additionally, manure does produce some odors through Hydrogen
Sulfide (H2S), but the proposed odor management by PRB seem adequate to
address this issue. EH considers Violation 4(b) corrected at this time.
Violation 5:
Development Standard 30:
Waste materials, not specifically addressed by other development standards, shall be
handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions. (Department of Public Health & Environment).
Board Finding:
Headland Biogas is in violation of Development Standard #30 due to:
a. failing to control nuisance conditions as evidenced by the testimony and
photographs relating to off -site nuisance conditions such as blowing trash,
uncovered trash containers, and off -site odor conditions.
Environmental Health Response:
a. The proposed use will only collect and process manure from surrounding dairy
operations. It is anticipated that this use will not produce the same solid waste
material (general trash) associated with food waste processing. A site inspection
on November 3, 2021, indicated no evidence of off -site nuisance conditions
including, blowing debris, uncovered containers, or off -site odor conditions. EH
considers Violation 5(a) corrected at this time.
Violation 6:
Development Standard 34:
The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment).
Board Finding:
Headland Biogas is in violation of Development Standard #34 due to:
a. failing to comply with applicable rules and regulations as evidenced by the above
references to the facility operating without a Certificate of Designation;
b. making modifications to the approved Engineering Design and Operations Plan
(EDOP) which have not been appropriately approved;
c. failing to comply with fencing requirements for the facility, signage requirements,
security and access to the facility, the method of unloading material at the facility,
the coverage/enclosure of the unloading docks at the facility, and the
coverage/enclosure of various aspects of the facility, including the manure storage,
and storage of waste outside;
d. not complying with the terms of the Weld County Code for the permitting of a Solid
Waste Facility;
e. making modifications in the number of gallons of waste stored, the height and
n umber of the storage tanks;
f. failing to comply with the State Solid Waste Regulations relating to control of
n uisance conditions, including odors and windblown debris;
g. failing to remit their Solid Waste Surcharge fees;
h. not obtaining continued permission for the use and placement of the office trailers
because zoning permits ZPMH 15-0016 and ZPMH 15-0017 have expired in
November of 2016; and
i. utilizing Cargo containers on the property that do not have the necessary building
permits.
Environmental Health Response:
a. The requirement for a facility to have a Certificate of Designation (CD) is
determined and regulated under the Colorado Department of Public Health and
Environment (CDPHE) Regulations Pertaining to Solid Waste Sites and Facilities
(6 CCR 1007-2, Part 1) and does not apply to facilities where only manure is used
as feedstock for digestion. This is further explained in the letter from the CDPHE
"Concurrence with the Regulatory Confirmation Letter for Revised Operations
Heartland Biogas Facility, Weld County, Colorado" from the CDPHE dated
November 2, 2020. It should be noted that if the facility takes any other material
other than manure that it may fall under the requirements to obtain a CD. However,
n o other material is proposed at this time. EH considers Violation 6(a) corrected.
b. The requirement to follow an approved Engineering Design and Operations Plan
(EDOP) as determined and regulated under the Colorado Department of Public
Health and Environment (CDPHE) Regulations Pertaining to Solid Waste Sites and
Facilities (6 CCR 1007-2, Part 1) does not apply to facilities where only manure is
u sed as feedstock for digestion. Any specific requirements related to site layout,
signage, fencing or other will fall under the Weld County Planning Department.
However, as part of the EDOP the site must follow its approved Closure and Post
Closure Plan. Based on the CDPHE November 3, 2020 letter, releasing the
facility's financial assurance mechanism, in accordance with section 4.6.13 of the
Regulations, EH considers Violation 6(b) corrected.
c. The requirement to follow an approved Engineering Design and Operations Plan
(EDOP) as determined and regulated under the Colorado Department of Public
Health and Environment (CDPHE) Regulations Pertaining to Solid Waste Sites and
Facilities (6 CCR 1007-2, Part 1) does not apply to facilities where only manure is
used as feedstock for digestion. Any specific requirements related to site layout,
signage, fencing or other will fall under the Weld County Planning Department.
However, as part of the EDOP the site must follow its approved Closure and Post
Closure Plan. Based on the CDPHE November 3, 2020 letter, releasing the
facility's financial assurance mechanism, in accordance with section 4.6.13 of the
Regulations, EH considers Violation 6(c) corrected.
d. The change in feedstock removes the facility from Solid Waste Permitting
requirements further determined in the letter from the CDPHE "Concurrence with
the Regulatory Confirmation Letter for Revised Operations Headland Biogas
Facility, Weld County, Colorado" from the CDPHE dated November 2, 2020. EH
considers Violation 6(d) corrected.
e. Only one feedstock, manure, will be stored at the site along with the various
products and by-products. Any specific requirements related to site layout, number
of containers, heights for container or other will fall under the Weld County
Planning Department.
f. By complying with Violation 4 & 5 EH considers Violation 6(f) corrected.
g. As noted in Weld County Department of Public Health and Environment
(WCDPHE) letter "Heartland Biogas, Second Semiannual Inspection 2016" dated
December 12, 2016, it was stated that the Weld County Surcharge (Chapter 5,
Article III of the Weld County Code) were not received. Please remit all surcharges
during operational periods where feedstock other than manure was accepted.
WCDPHE does not have access to waste logs to determine which waste was
subject to County Surcharge fees, so is unable to determine associated costs.
Additionally, the current owner is not part of the original business and should not
be subject to back fees/fines from the previous owner. While this violation is still
not corrected, there does not seem to be enough information to fully remedy this
and EH considers Violation 6(g) corrected.
h. Items have been removed. Planning considers Violation 6(h) corrected.
i. Items have been removed. Planning considers Violation 6(i) corrected.
Violation 7:
Development Standard 42:
The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
Board Finding:
Heartland Biogas is in violation of Development Standard #42 due to:
a. the above listed violations,
b. failing to comply with the Development Standards in Chapter 23-2-250(8) of the
Weld County Code, including failure to operate with a valid Certificate of
Designation;
c. violating the Air Quality Standards;
d. not obtaining appropriate approval for signage; and
e. not complying with its Drainage Plan due to the difference in the size of the swale
and water levels compared to the approved Drainage Report.
Environmental Health Response:
a. By addressing the issues outlined above in a manner that the County deems the
✓ iolation corrected, PRB will, by default, correct Violation 7(a). No action is
specifically required to correct this violation at this time.
b. By addressing the issues outlined above in a manner that the County deems the
✓ iolation corrected, PRB will, by default, correct Violation 7(b). No action is
specifically required to correct this violation at this time. Additionally, by changing
the feedstock accepted at the site a Certificate of Designation (CD) will no longer
be required.
c. By addressing the issues outlined above, specifically Development Standard 17
and 21, PRB will, by default, correct Violation 7(c). No action is specifically required
to correct this violation at this time.
d. Sign has been removed and any new sign will comply with County Code. Planning
considers Violation 7(d) corrected.
e. Please refer to Weld County Public Works or Planning Department comments.
Violation 8:
Development Standard 45:
The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
Board Finding:
Heartland Biogas is in violation of Development Standard #45 as evidenced by the above
listed evidence and Findings of Fact.
Environmental Health Response:
By addressing the issues outlined above in a manner that the County deems the
✓ iolation corrected, PRB will, by default, correct Violation 8. No action is specifically
required to correct this violation at this time.
DEVELOPERS OF AGRICULTURE
II
AGPROfessionals
November 15, 2021
Mr. Tom Parko
Weld County Department of Planning Services
1555 N 17th Avenue
Greeley, CO 80631
Subject: MUSR14-0030
AGPRO #2557-02
Dear Mr. Parko,
This letter is response to satisfying the conditions necessary to forward the Platte River Biogas
Re -Instatement Request to the Board of County Commissioners with staff recommendation for
approval as a manure -only digester facility. The following are responses to the formal email
response from the Weld County Director of Planning Services dated November 8, 2021, at
4:28PM (see Exhibit 1 attached).
1. Items/information requested by EH.
A. Development Standard 6 & 34
The requirement to follow an approved Engineering Design and Operations Plan
(EDOP) as determined and regulated under the Colorado Department of Public Health
and Environment (CDPHE) Regulations Pertaining to Solid Waste Sites and Facilities
(6 CCR 1007-2, Part 1) does not apply to facilities where only manure is used as
feedstock for digestion. Any specific requirements related to site layout, signage, fencing
or other will fall under the Weld County Planning Department. However, as part of the
EDOP the site must follow its approved Closure and Post Closure Plan. Please provide
evidence that the CDPHE has approved the closure activities and final closure of the
site.
PRB Response:
While under management of Heartland Biogas, LLC, the facility completed the closure tasks
described in the Financial Assurance document, Revision #7, dated February 11, 2015.
Verification of the completion of the closure in May 2018 was confirmed in a letter dated August
10, 2020, (see Exhibit 2) from Jill Parisi P.E., CDPHE Solid Waste Permitting Unit, Hazardous
Materials and Waste Management Division. A follow up letter was provided by CDPHE on
November 2, 2020,(see Exhibit 3) reconfirming the completion of the closure plan. The letter
also confirmed that the facility operating as a manure -only facility will not be a solid waste
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
HQ & Mailing: 3050 67th Avenue, Suite 200, Greeley, CO 80634 1970-535-9318 office 1970-535-9854 fax
Idaho: 213 Canyon Crest Drive, Suite 100, Twin Falls, ID 83301 1208-595-5301
www.agpros.com
Page 2 of 5
disposal site and facility and that no requirements under the Colorado Solid Waste Disposal Sites
and Facilities Act, title 30, Article 20, Part 1, C.R.S. or 6 CCR 1007-2, Partl apply to the
Facility. The Division also concurs that the following do not apply to the Facility:
• Financial Assurance
• Engineering design and operations Plan (EDOP) or any requirements therein
• Closure and post -closure requirements
• Site monitoring and sampling
• Section 9 requirements relating to solid waste impoundments
• Section 14 requirements relating to composting solid waste
On November 3, 2020, the CDPHE granted the facility a release of the Surety Bond which is in
accordance with Section 4.6.13 of the Regulations Pertaining to Solid Waste Sites and Facilities,
6 CCR 1007-2 (see Exhibit 3). The release of the Financial Assurance confirms that the facility
is closed and no longer considered a Solid Waste site.
The products and by-products from manure digestion are production of biogas/renewable
natural gas and organic soil and liquid nutrient by-product. These products and by-
products do not fall under the Regulations Pertaining to Solid Waste Sites and Facilities
(6 CCR 1007-2, Part 1) and does not apply to facilities where only manure is used as
feedstock for digestion. These products and by-products must still comply with any and
all Federal, State and local regulations. Please provide information relating to the
products and by-products and required certifications, registrations or similar.
PRB Response:
As stated in the above described CDPHE letter of August 10, 2020, a facility that accepts animal
manure and processes the manure so that the use of the resulting liquid digestate meets the
definition of "agricultural waste, "is exempt from Division regulation as a Solid Waste Disposal
Site or Facility under the Solid Waste Act.
The proposed operation of feeding manure into an anaerobic digester to produce liquid digestate
that will be used in agricultural land operations falls within the definition of "agricultural waste."
Therefore, no additional certifications registrations or similar will be required for land
application to agricultural lands.
B. Development Standard 10
while the conditions for a Groundwater Monitoring Plan (GWMP) are not required for
the purposed use, the GWMP was and is required to meet closure and post -closure
requirements for the site. A final closure letter from the CDPHE is required indicating
the site has met all requirements outlined in the approved EDOP and comply with the
regulations pertaining to Solid Waste Sites and Facilities.
Page 3 of 5
PRB Response:
The facility operating as a manure -only facility will not be a solid waste disposal site and facility
and no requirements under the Colorado Solid Waste Disposal Sites and Facilities Act, title 30,
Article 20, Part 1, C.R.S. or 6 CCR 1007-2, Partl apply to the Facility. The Division also
concurs that the following do not apply to the Facility:
• Financial Assurance
• Engineering design and operations Plan (EDOP) or any requirements therein
• Closure and post -closure requirements
• Site monitoring and sampling
• Section 9 requirements relating to solid waste impoundments
• Section 14 requirements relating to composting solid waste
As stated, the facility is not required to provide site monitoring and sampling as it is no longer a
Solid Waste site.
C. Development Standard 17 & 21
Please provide documentation of compliance with the Consent Agreement with
the Air Quality Division.
Please provide documentation indicating the need and compliance with an APEN
or permit requirements for the purposed use. Alternatively, documentation may
be provided indicating how the facility is exempt from these requirements. It should
be noted that the use of the Digester Processing System (DPS) is not being
proposed as part ofPRB 's plan, or at least not explicitly called out in the submitted
Operations Plan. However, the use of only manure may exempt both the APEN/Permit
requirements and/or the DPS if utilized, please provide clarification on what is required.
PRB Response:
Platte River Biogas, LLC has entered into a Compliance Order on Consent Modification
No. 2, Case No. 2016-201 AIRS No. 123-9A94 with CDPHE, APCD, Heartland Biogas,
LLC and Platte River Biogas, LLC entered into agreement to modify the Compliance
Order on Consent in Case No. 2016-201(Exhibit 4). Platte River Biogas agrees to abide
by the consent order and as directed in Item 14 of the Consent Order, PRB will obtain
modification to Permit Number 12WE3172 to (i) account for transfer of ownership of the
facility from Heartland to Platte River Biogas, and (ii) limit the Anaerobic Digester
(AIRS ID: 123-9A94-002) feedstock to manure only.
As stated above, PRB has agreed to abide by the Consent Order and is currently in
compliance with the Order.
D. Development Standard 34
Page 4 of 5
As noted in Weld County Department of Public Health and Environment (WCDPHE)
letter "Heartland Biogas, Second Semiannual Inspection 2016" dated December 12,
2016, it was stated that the Weld County Surcharge (Chapter 5, Article III of the Weld
County Code) were not received. Please remit all surcharges during operational periods
where feedstock other than manure was accepted.
PRB Response:
Platte River Biogas was not the owner of the facility at the time solid waste was received
and PRB is not responsible for fees incurred. In accordance with Weld County Surcharge
(Chapter 5, Article III of the Weld County Code) agricultural waste is exempt and will
not be required for the manure -only facility.
Sec. 5-3-20. - Surcharge fee established..
B. No surcharge shall be collected for agricultural wastes. Agricultural wastes shall mean all
wastes resulting from the raising of crops or animals on land zoned agricultural by local
requirements including animal manures and animal mortalities.
E. Additional items/information requested by DPS Development Review:
Staff cannot locate the final drainage report. A preliminary drainage report is on
file from 2010, which states that a final drainage report needs to be completed and
approved by the County.
The final Drainage Report was submitted to Weld County on March 15, 2013 and confirmation
of the approval is provided in the included email from Weld County on June 18, 2013. The Final
Drainage Report is included.
F. Additional items/information requested by DPS (current planning and building
services):
There are no other outstanding planning or building code issues.
Platte River Biogas has provided response to each Development Standard as requested above.
PRB is compliant with the Development Standards and requests the Re -Instatement Hearing be
scheduled with the Weld County Board of County Commissioners at the earliest convenient date.
Please contact me at (970) 535-9318 or tnaylor@gmail.com.
Reg
Tim Naylor
Chief Operating Officer
Page 5 of 5
AGPROfessionals
Exhibits
CC: Jim Potter
AJ DeJager
Mel Flaschenriem
Exhibit 1
From: Tom Parko Jr. <tparko@weldgov.com>
Sent: Monday, November 8, 2021 4:28 PM
To: Tim Naylor <tnaylor@agpros.com>
Cc: Ben Frissell <bfrissell-durley@weldgov.com>; Chris Gathman <cgathman@weldgov.com>; Dawn
Anderson <dranderson@weldgov.com>; Jim Potter <lim.potter@rngenergysolutions.com>; AJ De Jager
<de'ager.a.@gmail.com>; Sean Walsh <sean@seanwalshconsulting.com>; Tom Haren
<tharen@agpros.com>
Subject:
Dear Mr. Naylor,
Good afternoon. Please accept this email as a formal response to your email dated October 19, 2021
requesting that the Board of County Commissioners lift the suspension associated with MUSR14-0030.
Weld County Department of Planning Services and the Weld County Department of Public Health and
Environment have reviewed PRB's request to make sure it complies with the original Development
Standards and have the following comments, which are outlined below . County staff can support the
request to lift the suspension, but our recommendation is contingent on providing us with the necessary
documentation. Once the County has determined that these items are satisfied, a hearing will be
scheduled before the County Commissioners and neighbors within proximity of the facility will be
notified via first class mail.
Additional items/information requested by EH.
Development Standard 6 & 34
The requirement to follow an approved Engineering Design and Operations Plan (EDOP) as
determined and regulated under the Colorado Department of Public Health and Environment
(CDPHE) Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1) does
n ot apply to facilities where only manure is used as feedstock for digestion. Any specific
requirements related to site layout, signage, fencing or other will fall under the Weld County
Planning Department. However, as part of the EDOP the site must follow its approved Closure
and Post Closure Plan. Please provide evidence that the CDPHE has approved the closure
activities and final closure of the site.
The products and by-products from manure digestion are production of biogas/renewable
n atural gas and organic soil and liquid nutrient by-product. These products and by-products do
n ot fall under the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part
1) and does not apply to facilities where only manure is used as feedstock for digestion. These
products and by-products must still comply with any and all Federal, State and local
regulations. Please provide information relating to the products and by-products and required
certifications, registrations or similar.
Development Standard 10
While the conditions for a Groundwater Monitoring Plan (GWMP) are not required for the
purposed use, the GWMP was and is required to meet closure and post -closure requirements
for the site. A final closure letter from the CDPHE is required indicating the site has met all
requirements outlined in the approved EDOP and comply with the regulations pertaining to
Solid Waste Sites and Facilities.
Development Standard 17 & 21
Please provide documentation of compliance with the Consent Agreement with the Air Quality
Division.
Please provide documentation indicating the need and compliance with an APEN or permit
requirements for the purposed use. Alternatively, documentation may be provided indicating
how the facility is exempt from these requirements. It should be noted that the use of the
Digester Processing System (DPS) is not being proposed as part of PRB's plan, or at least not
explicitly called out in the submitted Operations Plan. However, the use of only manure may
exempt both the APEN/Permit requirements and/or the DPS if utilized, please provide
clarification on what is required.
Development Standard 34
As noted in Weld County Department of Public Health and Environment (WCDPHE) letter
"Heartland Biogas, Second Semiannual Inspection 2016" dated December 12, 2016, it was stated
that the Weld County Surcharge (Chapter 5, Article III of the Weld County Code) were not
received. Please remit all surcharges during operational periods where feedstock other than
manure was accepted.
Additional items/information requested by DPS Development Review:
Staff cannot locate the final drainage report. A preliminary drainage report is on file from 2010,
which states that a final drainage report needs to be completed and approved by the County.
Additional items/information requested by DPS (current planning and building services):
There are no other outstanding planning or building code issues.
Should you have any questions please do not hesitate to contact me.
Sincerely,
Tom Parko
Director
Weld County Department of Planning Services
1555 No. 17th Avenue I Greeley, CO 80631
Office: 970.400-3572
Cell: 970-302-5333
tparko@welgov.com
t ll1Dlt
COLORADO
Department of Public
Health £t Environment
AIR POLLUTION CONTROL DIVISION
COMPLIANCE ORDER ON CONSENT MODIFICATION NO. 2
CASE NO. 2016-201
AIRS NO. 123-9A94
IN THE MATTER OF HEARTLAND BIOGAS, LLC and PLATTE RIVER BIOGAS, LLC
The Colorado Department of Public Health and Environment, Air Pollution Control
Division ("Division"), Heartland Biogas, LLC ("Heartland"), and Platte River Biogas,
LLC ("Platte River Biogas"), collectively "the Parties," hereby enter into this
agreement to modify the Compliance Order on Consent in Case No. 2016-201
("Consent Order") and agree as follows:
1. On November 17, 2016, the Division and Heartland executed the Consent Order
in this matter to resolve alleged violations and establish compliance
requirements at the anaerobic digester facility Heartland operated at
Southeast 1/4 Section 25, Township 4N, Range 65W, in Weld County, Colorado
("the Facility").
2. On February 27, 2017, Heartland informed the Division in writing that it is
shutting down the Facility and requested the Consent Order and any
outstanding compliance requirements set forth therein be placed in abeyance.
3. On May 11, 2017, the Division and Heartland executed a modification to the
Consent Order in response to Heartland's February 27, 2017 request.
4. By September 10, 2017, Heartland completed draining and cleaning the
substrate and dosing tanks at the Facility. Heartland ceased accepting
feedstock at the Facility in late January 2017, and by June 1, 2018, Heartland
completed all cleanup activities required for a temporary closure, including
draining and cleaning the lagoons. The Facility is currently shut down.
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 1 I a
5. On June 26, 2020, Platte River Biogas purchased the Facility from Heartland.
Platte River Biogas is not affiliated with Heartland. The violations cited herein
are not attributed to Platte River Biogas. Notwithstanding this Consent Order
and provisions herein, Platte River Biogas has not been found in violation of the
Act or Regulations.
6. By executing this agreement, Platte River Biogas agrees to become a party to
the Consent Order and will assume responsibilities and obligations of the
Consent Order, Sections III through XI. Upon execution of this agreement,
Heartland will be released of the responsibilities and obligations of the Consent
Order, Sections III through XI.
7. As permitted by Paragraph 48 of the Consent Order, the Parties mutually agree
to modify the Consent Order to remove Paragraphs 12 through 24 and replace
with Paragraphs 12 through 16, below; renumber the remaining paragraphs
accordingly; modify renumbered Paragraphs 20, 23, and 36 through 38; update
Heartland with Platte River Biogas where applicable; and include new Section
XII (Termination). The Consent Order is hereby modified to read as follows:
12. Effective immediately, and without limitation, Platte River Biogas must
comply with the Act and the Regulations in the regulation and control of air
pollutants from the Facility.
13. Effective immediately, and without limitation, Platte River Biogas must
comply with AQCC Regulation No. 2, Part A, § I.A.
14. Prior to recommencement of operation, Platte River Biogas must obtain
a modification to Permit Number 12WE3172 to (i) account for the transfer of
ownership of the Facility from Heartland to Platte River Biogas, and (ii) limit
the Anaerobic Digester (AIRS ID: 123-9A94-002) feedstock to manure only. This
Paragraph 14 does not limit Platte River Biogas from making additional
modifications to the Facility prior to or after recommencement of operation.
Any additional changes to the Facility must be reflected in a modified permit,
if required by applicable regulations.
15. Platte River Biogas must cooperate with the Division in modifying Permit
Number 12WE3172. Cooperation must include, but not be limited to,
responding to all Division requests for information within fourteen (14)
calendar days of receipt or by an alternate deadline provided by the Division.
16. Recommencement of operation in this Consent Order occurs on the date
Platte River Biogas begins accepting feedstock for processing in the Anaerobic
Digester at the Facility.
4300 Cherry Creek Drive S., Denver, Co 80246-1530 P 303-692-2000 www.cotorado.gov/cdphe
Jared Polis, Governor I Jill Hunsaker Ryan, MPH, Executive Director 2 I
Paragraphs 25 through 49 of the Consent Order are hereby renumbered as
Paragraphs 17 through 41 and updated to replace Heartland with Platte River
Biogas except in Paragraph 23. New Section XII (Termination) is also included
below.
17. All documents submitted under this Consent Order must use the same
nomenclature as stated in this Consent Order, and must reference both the
case number and the number of the paragraph pursuant to which the document
is required. Unless otherwise specifically provided herein, no document
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 document submitted under this Consent Order is effective
upon receipt by Platte River Biogas. All approved documents, including all
procedures and schedules contained in the documents, are hereby incorporated
into this Consent Order, and shall constitute enforceable requirements under
the Act.
Administrative Penalty Requirements
18. In accordance with § 25-7-122(1)(b), C.R.S., there shall be no civil
penalties assessed or collected against persons who violate emission regulations
promulgated by the commission for the control of odor until a compliance
order issued pursuant to S 25-7-115, C.R.S. and ordering compliance with the
odor regulation has been violated.
IV. SCOPE AND EFFECT OF CONSENT ORDER
19. The Parties 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. Platte River Biogas agrees not to challenge the terms and
conditions of this Consent Order in any proceeding before any administrative
body or any judicial forum, whether by way of direct judicial review or
collateral challenge.
20. This Consent Order shall be enforceable by either party in the same
manner as if the Division had entered this Consent Order without agreement by
Platte River Biogas. The Parties agree that any violation of the provisions of
this Consent Order by Platte River Biogas concerning the Act, or the
Regulations, shall be a violation of a final order of the Division for the purposes
of §§ 25-7-115, 121, and 122, C.R.S., and may result in the assessment of civil
penalties consistent with § 25-7-115, C.R.S., per day for each day of such
violation.
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 3
21. The Parties' obligations under this Consent Order are limited to the
matters expressly stated herein or in approved submissions required hereunder.
AR 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.
22. 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 any requirement under the Act, the Regulations, or any subsequent
violation of any requirement of this Consent Order, the Act, or the Regulations.
23. Entering into this settlement shall not constitute an admission of
violation of the air quality laws by Heartland or Platte River Biogas, nor shall
the Division or any third party infer it to be such an admission by Heartland or
Platte River Biogas in any administrative or judicial proceeding.
Notwithstanding the foregoing or anything in this Consent Order to the
contrary, the described violation will constitute part of Heartland's compliance
history for any purpose for which such history is relevant, including considering
the violation described above in assessing a penalty for any subsequent
violations, in accordance with the provisions of § 25-7-122, C.R.S., against
Heartland. The described violation in this Consent Order is not attributed to
Platte River Biogas, as described in Paragraph 5 of the Consent Order
Modification No. 2 and, therefore, will not constitute a part of Platte River
Biogas' compliance history for any purpose for which such history is relevant,
including but not limited to for purposes of civil penalties for odor violations in
connection with § 25-7-122(1)(b)(II), C.R.S. or for penalty calculations pursuant
to S 25-7-115, C.R.S.
24. Platte River Biogas shall comply with all applicable Federal, State,
and/or local laws and regulations and shall obtain all necessary approvals or
permits to conduct the investigation and remedial activities required by this
Consent Order and perform its obligations required hereunder. The Division
makes no representation with respect to approval and permits required by
Federal, State, or local laws or regulations other than those specifically
referred to herein.
25. Nothing herein shall be construed as prohibiting, altering, or in any way
limiting the ability of the Division to seek any other remedies or sanctions
available by virtue of Platte River Biogas' violation of this Consent Order or of
the statutes and regulations upon which this Consent Order is based, or for
Platte River Biogas' violation of any applicable provision of law.
V. LIMITATION RELEASES AND RESERVATION OF RIGHTS AND
LIABILITY
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.cotorado.gov/cdphe
Jared Polls, Governor I Jill Hunsaker Ryan, MPH, Executive Director 4
26. Upon the effective date of this Consent Order, and during its term, this
Consent Order shall stand in lieu of any other enforcement action by the
Division with respect to the violations cited herein. This Consent Order does
not grant any release of liability for any violations, regardless of when they
occurred, that are not cited in this Consent Order. The Division reserves the
right to bring any action it deems necessary to enforce this Consent Order,
including actions for penalties and/or injunctive relief.
27. 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.
28. Platte River Biogas reserves its rights and defenses regarding liability in
any proceedings regarding the Facility other than proceedings to enforce this
Consent Order.
29. Upon the effective date of this Consent Order, Platte River Biogas
releases and covenants not to sue the State of Colorado as to all common law
or statutory claims or counterclaims arising from, or relating to, the violations
of the Act or the Regulations specifically addressed herein.
30. Platte River Biogas shall not seek to hold the State of Colorado or its
employees, agents or representatives liable for any injuries or damages to
persons or property resulting from acts or omissions of Platte River Biogas, or
those acting for or on behalf of Platte River Biogas, including its officers,
employees, agents, successors, representatives, contractors or consultants in
carrying out activities pursuant to this Consent Order. Platte River Biogas shall
not hold out the State of Colorado or its employees, agents or representatives
as a party to any contract entered into by Platte River Biogas in carrying out
activities pursuant to this Consent Order. Nothing in this Consent Order shall
constitute an express or implied waiver of immunity otherwise applicable to
the State of Colorado, its employees, agents, or representatives.
31. The Division reserves the right to bring any action or to seek civil or
administrative penalties for any past, present, or future violations of the Act
and the Regulations, not specifically addressed herein. Further, the Division
has the right to bring any action to enforce this Consent Order and to seek
authorized penalties for any violation of this Consent Order.
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 5
VI. FORCE MAJEURE
32. Platte River Biogas 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 majeure. A force majeure is defined as any event arising from causes
which are not reasonably foreseeable, which are beyond the control of Platte
River Biogas, and which cannot be overcome by due diligence.
33. Unless otherwise provided in the Act or the Regulations, within seventy-
two (72) hours of the time that Platte River Biogas knows or has reason to know
of the occurrence of any event which Platte River Biogas has reason to believe
may prevent Platte River Biogas from timely compliance with any requirement
under this Consent Order, Platte River Biogas shall provide verbal notification
to the Division. Within seven (7) calendar days of the time that Platte River
Biogas knows or has reason to know of the occurrence of such event, Platte
River Biogas 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.
34. The burden of proving that any delay was caused by a force majeure
shall at all times rest with Platte River Biogas. If the Division agrees that a
force majeure has occurred, the Division will so notify Platte River Biogas. The
Division will also approve or disapprove of Platte River Biogas' proposed actions
for mitigating the delay. If the Division does not agree that a force majeure
has occurred, or if the Division disapproves of Platte River Biogas' proposed
actions for mitigating the delay, it shall provide a written explanation of its
determination to Platte River Biogas.
35. 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, Platte River Biogas shall perform the requirements of this
Consent Order that were delayed by the force majeure with all due diligence.
VII. DISPUTE RESOLUTION
36. If the Division determines that additional requirements are necessary
pursuant to Paragraph 27; that a violation of this Consent Order has occurred;
that a force majeure has not occurred; that the actions taken by Platte River
Biogas to mitigate the delay caused by a force majeure are inadequate; the
Division shall provide a written explanation of its determination to Platte River
Biogas. Within fifteen (15) calendar days of receipt of the Division's
determination, Platte River Biogas shall:
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 6 I a
a. Submit a notice of acceptance of the determination; or
b. Submit a notice of dispute of the determination.
If Platte River Biogas faits to submit either of the above notices within the
specified time, it will be deemed to have accepted the Division's
determination.
37. If Platte River Biogas files any notice of dispute pursuant to Paragraph
36.b, the notice shall specify the particular matters in the Division's
determination that Platte River Biogas seeks to dispute, and the basis for the
dispute. Matters not identified in the notice of dispute shall be deemed
accepted by Platte River Biogas. The Division and Platte River Biogas shall
have thirty (30) calendar days from the receipt by the Division of the
notification of dispute to reach an agreement. 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 and subject to appeal in
accordance with the Act and the Colorado Administrative Procedure Act,
Article 4, Title 24, Colorado Revised Statutes.
VIII. NOTICES
38. Unless otherwise specified, any report, notice or other communication
required under the Consent Order shall be sent to:
For the Division:
Enforcement Unit Supervisor
Colorado Department of Public Health and Environment
APCD-SS-B1-1400
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
For Platte River Biogas:
David Gerhart
Vice President •
24 Waterway Avenue, Suite 400
The Woodlands, TX 77380
IX. OBLIGATIONS UNAFFECTED BY BANKRUPTCY
39. The obligations set forth herein are based on the Division's police and
regulatory authority. These obligations require specific performance by Platte
River Biogas of corrective actions carefully designed to prevent on -going or
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 7 I is
future harm to public health or the environment, or both. Enforcement of
these obligations is not stayed by a petition in bankruptcy. Platte River Biogas
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 Platte River Biogas and the Facility to
maintain compliance with State law.
X. MODIFICATIONS
40. This Consent Order may be modified only upon mutual written
agreement of the Parties.
XI. BINDING EFFECT, AUTHORIZATION TO SIGN
AND EFFECTIVE DATE
41. This Consent Order is binding upon the Parties to this Consent Order and
their corporate subsidiaries or parents, their officers, directors, agents,
attorneys, employees, contractors, successors in interest, affiliates and
assigns. The undersigned warrant that they are authorized to bind legally their
respective principals to this Consent Order, and that the Parties have the
authority to enter into this Consent Order. This Consent Order shall be
effective upon the date signed by the last party. 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.
XII. TERMINATION
42. Upon issuance of a modified permit as described in Paragraph 14, above,
this Consent Order will terminate.
COLORDEPARTME T OF PUBLIC HEALTH AND ENVIRONMENT
By: A 1I ►'�-�LA Date: r°L( O'I dPOv
hannon McMillan
Compliance and Enforcement Program Manager
Air Pollution Control Division
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
Jared Polls, Governor I Jilt Hunsaker Ryan, MPH, Executive Director 8
HEARTLAND BIOGAS, L C
OL
By:
Date: It . 1 2o20
Name
Title 4
PLATTE RIVER BIOGAS, LLC
By:
Date:
Name
Title
cc: Shannon McMillan, APCD
Paul Carr, APCD
Heather Wuollet, APCD
Ben Cappa, APCD
File
Beth Pilson, APCD
Tom Lovell, APCD
Tom Roan, Attorney General's Office
Michael Stovern, EPA (Region VIII)
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 9 I
HEARTLAND BIOGAS, LLC
By:
Date:
Name
Title
PLATTE RIVER BIOGAS, LLC
By:
Name Scott Harlan
Title President
cc: Shannon McMillan, APCD
Paul Carr, APCD
Heather Wuollet, APCD
Ben Cappa, APCD
File
Date: 12-2-20
Beth Pilson, APCD
Tom Lovell, APCD
Tom Roan, Attorney General's Office
Michael Stovern, EPA (Region VIII)
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303.692-2000 www.colorado.gov/cdphe
Jared PoLis, Governor 1 Jill Hunsaker Ryan, MPH, Executive Director
91
Exhibit 4
COLORADO
Hazardous Materials
b Waste Management Division
Department of Public Health B Environment
Certified Mail# 7020 0640 0001 0175 5279
November 3, 2020
Westchester Fire Insurance Company
436 Walnut Street
Philadelphia, PA 19106
RE: Financial Assurance Mechanism Release
Heartland Biogas, LLC
SW/WLD/HRE/1.3.1
To Whom It May Concern,
The Colorado Department of Public Health and Environment, Hazardous Materials and Waste
Management Division (the "Division") hereby agrees to release Heartland Biogas, LLC's (the
"Facility") original Surety Bond, No. K08981048, which is in accordance with Section
4.6.13 of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2
(the 'Regulations").
The Division hereby grants the facility a release of their Surety Bond issued by Westchester
Fire Insurance Company. The Division has determined that financial assurance is no longer
required due to the revised operations at the facility.
If you have any questions regarding this letter, please contact Tanya Gray at (303) 692-3351
or by email at tanya.gray®state.co.us.
Sincerely,
Jennifer T. Opila, MPA
Division Director
Hazardous Materials and Waste Management Division
ec: Jill Parisi - CDPHE
Jason Thomas - EDF Renewables
Austin Peterson - Platte Valley Biogas, LLC
Exhibit 3
a
C DP HE
November 2, 2020
COLORADO
Department of Public
Health ft Environment
Mr. Austin Peterson
Platte River Biogas, LLC
24 Waterway Avenue, Suite 400
The Woodlands, TX 77380
RE: Concurrence with the Regulatory Confirmation Letter for Revised Operations
Heartland Biogas Facility, Weld County, Colorado
File: SW/WLD/HRE 1.1
Dear Mr. Peterson,
The Colorado Department of Public Health and Environment (the "Department") Hazardous
Materials and Waste Management Division (the "Division") received the following letter for the
Heartland Biogas Facility (the "Facility") located in LaSalle, Colorado.
Solid Waste Exemption Confirmation Letter, Heartland Biogas Facility, Weld
County, Colorado. Prepared by: Platte River Biogas. Document dated: October
20, 2020. Document received: October 20, 2020.
The Division was notified on July 22, 2020 that Platte River Biogas, LLC purchased the Heartland
Biogas facility. The Facility originally operated as an anaerobic digester facility accepting
manure, food waste and other commercially generated solid wastes as feedstock. In January
2017, the Facility suspended active operations, including accepting feedstock, and completed
temporary closure activities in May 2018. Rockland plans to re -open the Facility with a proposed
feedstock of only manure. The resulting liquid digestate will be used in agricultural land
applications. Based on these revised operations, the Facility will not be a "solid waste disposal
site and facility" pursuant 6 CCR 1007-2, Part 1, the Regulations Pertaining to Solid Waste Sites
and Facilities.
Since the Facility will not be a "solid waste disposal site and facility", the Division concurs that
no requirements under the Colorado Solid Waste Disposal Sites and Facilities Act, title 30, Article
20, Part 1, C.R.S. or under 6 CCR 1007-2, Part 1 apply to the Facility. The Division also concurs
that the following do not apply to the Facility:
• Financial assurance
• Engineering design and operations plan (EDOP) or any requirements therein
• Closure and post -closure requirements
• Site monitoring and sampling
• Section 9 requirements relating to solid waste impoundments
• Section 14 requirements relating to composting of solid waste
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692.2000 www.colorado.gov/cdphe I
Jared Polls, Governor I Jill Hunsaker Ryan, MPH, Executive Director
If Rockland or any operator of the Facility changes operations to accept solid waste as feedstock
or discontinues producing liquid digestate for use in land applications or other agricultural
purposes, the Division will reconsider its authority to regulate the Facility.
Please note that this letter does not preclude separate action by Weld County.
Should you have any questions regarding this letter, please contact Jill Parisi at 303-692-3348 or
by email at iill.parisi@state.co.us.
Sincerely,
Digitally signed by Jill Parisi
Date: 2020.11.02 15:00:04
-07'00'
Jill Parisi, P.E.
Solid Waste Permitting Unit
Hazardous Materials and Waste Management Division
ec: David Gerhart, Rockland Capital
Scott Harlan, Rockland Capital
Julie A. Rosen, Welborn Sullivan Meck Et Tooley, P.C.
Ben Frissell, Weld County Department of Public Health & Environment
Jessica Lowrey, Office of the Attorney General
Tanya Gray, Solid Waste Financial Assurance Manager
Doug Ikenberry, Solid Waste Compliance Assurance Meeting
Jerry Henderson, Solid Waste Permitting Unit Leader
X:Vrtj Drivet_Project Wod Weld Co.mlytHRE.Heartland1Correspondence 201102 Heartland Exemption Letter.docx
Page 2 of 2 •
Exhibit 2
a
CD➢HE
August 10, 2020
COLORADO
Department of Public
Health & Environment
Mr. Scott Harlan
Platte River Biogas, LLC
24 Waterway Avenue, Suite 400
The Woodlands, TX 77380
RE: Reissued Regulatory Status for Revised Operations at the Heartland Biogas Facility
Heartland Biogas Facility, Weld County, Colorado
File: SW/WLD/HRE 1.1
Dear Mr. Harlan,
The Colorado Department of Public Health and Environment (the "Department") Hazardous Materials and
Waste Management Division (the "Division") was notified on July 22, 2020 that Rockland Capital, LP
("Rockland") purchased the Heartland Biogas facility (the "Facility") located in LaSalle, Colorado.
The Facility originally operated as an anaerobic digester facility accepting manure, food waste and other
commercially generated solid wastes as feedstock. In January 2017, the Facility suspended active
operations, including accepting feedstock, and completed temporary closure activities in May 2018.
Rockland plans to re -open the Facility with a proposed feedstock of only manure. The resulting liquid
digestate will be used in agricultural land applications.
The Division previously regulated the Facility as a "Solid Waste Disposal Site or Facility" under the Solid
Waste Disposal Sites and Facilities Act, SS 30-20-101 through -123, C.R.S., and SS 30-20-1001 through -1010,
C.R.S. (collectively known as the "Solid Waste Act"). Section 30-20-101(6), C.R.S. and Section 1.2 of 6 CCR
1007-2, Part 1, of the Regulations Pertaining to Solid Waste Sites and Facilities (the "Solid Waste
Regulations"), specifically exempts "agricultural wastes" from the definition of "solid waste." "Agricultural
waste" is defined in Section 1.2 of the Solid Waste Regulations as "all discarded or residual plant materials
or animal materials that directly result from the raising of crops or animals, including animal manures,
that are 1) returned to the soils as fertilizer, soil conditioners or compost or 2) are composted to return
to the soils, or 3) are used for other agricultural purposes. In addition, agricultural waste means all
carcasses and carcass by-products resulting from any mass livestock mortality that is the result of an all -
hazards event or depopulation ordered by the state veterinarian or other appropriately designated
authority." A facility that accepts animal manure and processes the manure so that the use of the resulting
liquid digestate meets the definition of "agricultural waste," is exempt from Division regulation as a Solid
Waste Disposal Site or Facility under the Solid Waste Act.
Rockland's proposed operation of feeding manure into an anerobic digester to produce liquid digestate that
will be used in agricultural land operations falls within the definition of "agricultural waste." As a result,
the Facility will not be accepting solid waste with the proposed change to manure -only feedstock. Since all
solid waste was removed from the existing facility prior to Rockland's purchase and given the proposed
new operation, the Division has determined that this Facility would not be considered a "solid waste
disposal site and facility" under the Solid Waste Act and will not be regulated by the Division.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
Jared Polls, Governor I Jilt Hunsaker Ryan, MPH, Executive Director
In addition, since the Facility is not a "solid waste disposal site and facility," a certificate of designation is
not required pursuant to the Solid Waste Act. See § 30-20-102, C.R.S.
If Rockland or any operator of the Facility changes operations to accept solid waste as feedstock or
discontinues producing liquid digestate for use in land applications or other agricultural purposes, the
Division will reconsider its authority to regulate the Facility.
Please note that this letter does not preclude separate action by Weld County.
Should you have any questions regarding this letter, please contact Jill Parisi at 303-692-3348 or by email
at jill.parisi®state.co.us.
Sincerely,
p
Digitally signed by Jill Parisi
Date: 2020.08.10 07:37:55
-06'00'
Jill Parisi, P.E.
Solid Waste Permitting Unit
Hazardous Materials and Waste Management Division
ec: David Gerhart, Rockland Capital
Austin Peterson, Rockland Capital
Tom Haren, AGPROfessionals
Tim Naylor, AGPROfessionals
Ben Frissell, Weld County Department of Public Health Et Environment
Doug Ikenberry, Solid Waste Compliance Assurance Meeting
Jerry Henderson, Solid Waste Permitting Unit Leader
X:tMy Drlvel_Project WorlAWeld CountylHRLHeartlandhCorrespondence\200807 Heartland Regulatory Status Letter.doa
Page 2 of 2
MINOR AMENDMENT TO USE BY SPECIAL REVIEW MUSR14-0030
HEARTLAND BIOGAS, LLC.
PART OF THE SOUTHEAST'' /4 OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P M ,
,,,,,,, COUNTY OF WELD, COLORADO
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CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING
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HEARTLAND BIOGAS, LLC
PART OF THE SOUTHEAST Y4 OF SECTION 25 TOWNSHIP 4 NORTH RANGE
65 WEST OF THE 6TH P.M COUYIY OF WELD COLORADO
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HEARTLAND BIOGAS, LLC.
PART OF THE SOUTHEAST'' /4 OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P M ,
COUNTY OF WELD, COLORADO
SITE SPECIFIC DEVELOPMENT PLAN
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1 A AMOR AMENDMENT TO A STE SPECIFIC DEVELOPMENT FLANMO) USEBYSIECAL RENEW PETIT NO UOR 1751(50UD WASTE DIBPOSALSNE AND
FACFJTE INCLINING CLASS 1 COMPOSTING MN ARM. WASTE RECYCLING OR PROCESSING FACILITY LAN "AEROBIC DIGE5TEROASED RENEWABLE
ENERGY PLANT(GAS)) ALONG WIT( A CONCRETE BATCH PLATT) BE USED FORCONSIRUCCOH OF THE FACRRY) FOR THE ADDITION OF A DIGESTER
PROCESS SYSTEM AND A 70000T RARE. THE A(AGRICAILTURM)2UNE DISTRICT BUBJECTTO THE DEVELOPMENT STANDARDS STATED HEREON
2. APPROVAL OFTHS PIAN MAY CREAIEAVESTED PROPERTY RIGHT PURSUANTTO SECTION 23140 OF THE WELD COUNTY CODE
3 PURSUANT TO CHAPTER 15 ARTICLES I AND II OFTNE WELD COUNTY COOS IF NOXIOUS .EELS EXIST ON THE PROPERTY OR BECOME ESTABUSHED
AS A RESIST OF THE PROPOSED DEV-LOPMNI THE MPLICANTIANDOWNER SHALL BE RESPONSIBLE FOR CONIROWNG ME NOXIOUS WEEDS
RUMMER Cf PUBLIC WORKS)
4 THEWSPALININGIMER OFELOLOIEES EMPLOYED AT MERGE SHALL BEDIRT' EDOL PER SHIFT (DEPARTMENT DEPLANING SERVICES)
S RE HOURS OF OPERATOR WILL BE 24 HOURS A DAY 7 DAYS AWEEK HAULING WILL OCCUR PRIMARILY DURING DAYLIGHT HOURS (DEDARTLENT OF
PUNN'1NG SERVICES)
8. THE PROPERTY OWNER OR OPERATOR SNAIL COMPLY WITH THE APPLICABLE venous OF THE REGULATIONS PERTANRO TO THE SOLID WASTE
DISPOSAL SITES AND FACILITIES ACT (6CCR 10072)MD BE COHLTR11CIED OPERATED MD MONITORED AS DETAILED IN IHEAPPUCATNN MATERIALS
AND CONDMONS DETAILED IN THE CEOIGN & OPERATIONS PLAN APPROVAL LETTER DATED APRIL 7 2010 FROM THE COLORADO CEPARIMENT OF
PUBLIC HEALTH AND ENVRCNAFNT (GPM) IN COMPUNCTION WITH ME APPLICATION LATERALS AND GNOMONS SEINE W THE OGE01ER
PROCESSING SYSTEM ENGINEER NG DESIGN AD OPERATION RAN ADDENDUM APPROVAL LETTER DATED DECEMBER 18 2011 FROM THE COME
(DEPARTMENT OF PIRLIC HEALTH AND EWROAT®R)
7 FOLLOWING CONSTRUCTION ME MAD. SUBLET TO THE DMMON ARO WELD COUNTY FOR REVIEW AND APPROVAL A CONSTRUCTION CERITFCATION
REPORT WHICH INCLUDES CONSTRUCTION RECORD DRAWINGS DEMONS FROM THE APPROVED PLUM AND RE0A75 OF ALL TESTWO MD
DOCUSJ TATION REDUIEMENTS SET FORTH W ME CONDO PLAN. THE CONSTRUCTION CERDFICADON REPORT SHALL SE SUBMITTED AT LEAST
SCTY(WIDAYSPRORTOACCEPIANCE OF FEEDSTOCK (DEPARTMENT OFFUHIC HEALTH &ENVIRONMENT)
L VOL ME RECORDS SHALL BEMAWTADED WHICH INCLUDE WASTE MATERIAL RECEIVED WASTES PROCESSED SOLD WASTEUHPPED FOROSPOSLL.
MATERIAL SNIPPED FOR BALE OR DISPOSAL. AND THE AMOUNTS OF BIOGAS PRODUCED OR FLARED INCLUDING TAR GAS DEMT MEE() AN ANNUAL
REPORT SNUBS SUBMITTED TOME WELD COUNTY MARINER OF LEDUC HEALTH & DMRONMEM ANDRE WLQVDODEPARTIEM OF FRUC
HEALTH IAD DMRONMENT (CAPE) IWA3mS ARTERIALS AND WASTE MANAGER -NT DM5IDN BY MAY FIRST OF EMIL YEAR (DEPARTMENT OF
PUBLIC HEALTH 8 ENVIRONMENT)
B TILE FACILITY SHALL RECEIVE AND PROCESS C1GY MOSE MATERIALS THAT ARE DESCRIBED IN THE APPROVED DESIGN AHD OPERATIONS PUN THE
WELD CORN DEPARTMENT OF FLAMING, WCOwE TAD COPSE SAIL BE NGT0DED W WRITING OF ANY AD0ITOLLL MATERVIS PROPOSED FCC
PROCESSDG WRITTEN APPROVAL FROM BOTH COPE AND WCDPHE TO PROCEED WON PROCESSING 01M1 BE 0810500 PRIOR TO ACCEPTANCE
(OPART EONT [FREUD HEALTH A ENVREAAmN)
10 ME PROPERTY OWNER OR FACOJY OFERATOR SNAIL NOTIFY THE WELD COUNTY DEPARTMENT OP PUBLIC HEALTH 6 ENWRONIENT DEPARTMENT
CrPCOVINGS.EITTOESANLY THE COLORADO CEPAWLENT OF PUBIC IEMIN APO EFMROMEM W THE EVENT OF ANY DEVIATIONS FROM OR
PROPOSED CNNGCS TO THE EAU-N®DESRN & OPERATIONS PUN. (5EPARTOT OF PUBLIC HEALTH!. ESNROM ERR)
II ME COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT WELD COUNTY DEPARTMENT OF PIO(C HEALTH 6 @MROAIENT AND THE
PUBLIC SHALL BE PROVIDED WITH NOTFICATION W THE EVENT OF TEMPORARY OR PERMANENT CLOSURE UPON CLOSURE, THE FACILELY MAUL
FOLONTPE CLOSURE PLAN PORTON OF TH0R APPROVED DESIGN I OPERATIONS PLAN (DEPARTMENT OFPUBUC)IFALTHO ENVIRONMENT)
12 -THE PALMY SNAIL COMPLY WITH THE APPROVED GROUNDWATER 00N1TORIG PAN CHANGES W APPROVED FEEOSICCX MAY REOURE
REVISIONS TO THE GROUNDNATER TESTING RFOUDEMENTS AND CONSTINEM5 NOALYg5 GROUNDWATER MONITORING REPORTS WILL BE
SMUTTED TO THE CONE MD MORE NO LATER THAN LURCH 1 FOLLOWING THE REPORTABLE YEAR (DEPARTMENT OF PUBLIC HEALTH AND
ENYROHOENI)
13 TIE FACILITY SNAIL BE CONSTRUCTED IMNTAPED AND OPERATED TO ENSURE THAT CONTAMINATION Of SOL AND GROUNDWATER DOES NOT
DCOUR.DEPARTMENT OF PLOLC KEALM AND EAVROP.wlry
MALL 00WALR0UN0 STRUCTURES MALL BE DOUBLE -LIED AND ECOPPED WMTH A LEAK DETECTION SYSTEM, MESS OTHERWISE APPROVED IN
WRITING BY BOMTNE CORE AND0ELD COUNTYDEPARMENT OFPUBLC HEALTH ANDENAIROMMENT RECORDS OF THE 'EAJ( DETECTION SYSTEMS
OPERATOR MANIEHANCE AND OBSERVATIONS SHALL BE KEPT AND NUDE AVAILABLE UPON REQUEST DEPARTMENT OF PUBLIC HEALTH AND
EMVROVMJR)
15AB0VE GROUND WASTE RECEIVING STORAGE AND PROCESSING TAMS EMAIL HAVE IMPERMEABLE SECONDARY CONTAINMENT THE VOLUME
RETRIED BY THE SECONDARY CONTAINMENT SHALL BE AT LEAST 110% OF THE VOLUTE OF ME LARGEST TAM MME ME CONTAINMENT
(DEPARTMENT OF PUBLIC HELM & EN 1 ORIENT)
1610GIINO-OWDR MID EUGENE PARTICULATE EMGDONS SHALL BE CONTROLLED OW THIS SIZE THE FAMILY SHALL COMPLY WITH TNER APPROVED
PARTICULATE ELLSSONS CONTROL RAN (DEPARTMENT OF PUBIC HEALTH I ENSRONMENT)
11 THE FACMTYSHALL OPERATE IN COMPLUNCE WITH APPLCABLE COLORADOAR QUALITY CONTROL REGULATIONS AND COMPLY %MANY PERMITS
ISSUED SMEAR AR POLLUTION CONTROL DMO0N (DEPARTMENT OF PI W IC HEALTH & ENVIRONMENT)
15 FIwINT FOl1OVAL SYSTEMS SHALL BE INSTALLED WHEN NECESSARY FOR ENCLOSED AREAS AND DUST FRWUCW5 PROCE5505 AND EMPMERT
NISILLE STACK EMSSCNS 18011 0000050 REMOVAL. INTERNE PROCESSING AND ANY COMBUSTOR SOURCE SHALL NOT EXCEED 20% OPACITY
)11015100518000000051100100 EPA REFERENCE MEDICO a THERE SHALBE NO VS0LE EMISSIONS FROM ANT BONDING OPENINGS (MEASURED
WACCORWBCE WTH EPA REFERENCE METHODD)(DEPADMFMOF RABIC HEALTH IENVR000EM)
2115 ACCORDANCE WITH TIE COLORADO AIR WANT CONTROL COMOUSS00,5 REGULATION NUMBER 2 0000 DETECTED OFF SI1-c SHALL NOT EXCEED
TIE LEVEE OF SEV94TOONE (1MOUTON THRESHOLD DEPARTMENT OF PUBIC HEALTH & DMR01 WENT
22A➢EOWTE DRWXNO HAAOAAUHING AND TOILET FACILITIES SHALL BE PROVIDED FOR EMPLOYEES AND PATRONS OF THE FACILITY AT All TIRES
WSEHE 2 OR LESS ECU. TIME (IS (LOUR NEE) EAPADY5E5 ARE LOCATED ON SITE CO MERE 1 OR LESS PMT TOLE (ID HOUR WEEK) EMPLOYEES
LOCATED O1 SITE PORTABLE TOILETS MD BOTTLED WATER ARE ACCEPTABLE AS BPLOTHS OR CONTRACTORS ARE ON SITE FOR LESS THAN 2
COPSODRNF ICURSA DAY PORTABLE TOILETS AND BOTTLED WATER &EXCEPTABLE. RECORDS OF MABOEIUBCE AND PROPER DISPOSAL FOR
PORTABLE TOILER SNAIL BE RETAOIED ON A 0 W MEPLY BASIS AND AVAILABLE FOR REVIEW BY THE WELD COUNTY DEPARTMENT OF NBUC HEAL
AND ENVRODENT PORTABLE TOILETS MULL BE SERVICED BY A CLEANER LGENSED N WELD COUNTY AND MULL COMM HAND SARTRERS
(DEPARTMENT OF PUBUC HEALTH AND EINMODAENI)
05EWAGE DISPOSAL FOR THE FACILITY SOL BE BY SEPTIC SYSTEM ANY SEPTIC SYSTEM LOCATED ON TR= PROPERTY BOOT COMPLY WITH AIL
PROVISOS OF ME WELD COUNTY 000E FERTARPN° TO OOUCE WASTEWATER TREATMENT SYSTEMS (0W15). (DEPARMENI OF PUBLIC HEATH
A/D ENARORAEMTI
2lPROCE55 WASTEWATER (SUCH AS FLOOR DRAM WASTES) AND LABORATORY WASTEWATER SHAM NOT BE DEPOSED OF THROUGH THE FACMTYS
OW0S TH'SE WASTES SHALL BE COLLECTED A10 DISPOSED OF IN ACCORDANCE WITH ILL LOLL STATE M0 FEDERAL RLAES AND REGULATORS
ANIFTTAGOORDANDEmx T1E APPROVED WASTE MANAGEMENT PLAN (DEPARTMENT CF PUBIC HEALTH AND ENVIROG0IT
25.11E FAWN MAL COMPLY WITH THE COLORADO DEPT OF LABOR AND EAPIDYIENT DIVISION Of OE AND PUBLIC SLFETYS STORAGE TANK
REGULATIONS 0 CCR 110111) SECODMY CONTINGENT SMALL ALSO BE REWIRED FOR ANY CONTAINER HOLDW3 FUEL OR OL WITH A VOLUME
GRATER THAN 50 GALLONS THE VOLUME RETAINED BY THE SECONDARY CONT0IMENT SWUM AT LEAST 110%OFTHE MOUSE OF ME LARGEST
TANK INSIDE THE COMMENT ALTERNATIVE PRDTEONE MEASURES LAY B. UNWED FOR REGULATED TAW PROVIDED THEY COMPLY WITH
THE SCRAG- TAO( REGULATIONS. ADOPT WANT SPILL PREVENTML ONOOMD COUNTERMEASURE PLANS SHALL EE PROVIDED TOME WELD
COUNTY DFPARMENT OF PUBLIC HEALTH AND ENVIRONMENT DEPARTMENT OF PUBIC HEALTH&ENVIRONVENT)
20.1HERE SHILL BE NO DSCHMGE OF PROCESS WASTEWATE00R COLLECTED STORW/ATER OFF PROPERTY DCETT TIME DISCHARGESALOWED
BY THE COLORADO DEPT OF PUBIC HEALTH I ENVIRONMENTS WATER QUALM( CONTROL DIVSIO0 ARDOR A COLORADO DISCHARGE PERMIT
SYSTEM (COPS)DSCIURGE PERMIT (DEPARTMENT OFPUBUC TELLM&MMRONSAENI)
IITNE APPLICANT SHALL OBTAIN STORMWATER DISCHARGE PERMIT COVERAGE FOR CONSTRUCTION ACTMNES FROM THE COME WATER QUALITY
CONTROL DMSION (DEPARTMENT OF PUBLIC REALM&ENVIRONMENT)
2511E EMERY SHALL BE OPERATED AND RUNT NE" W A MANNER TO PREVENT NUISANCE COMMONS FROM ME ATTPACTIOS BREEDING MD
EMERGENCE OF BEMS RODENTS PRECIS AND OTHER VECTORS ADORON10 CONTROL MEASURES DWI BE IMPLEMENTED AT TIE REQUEST OF
ME WELD COUNTY DEPARTMENT OF PUBLIC HALM & ENVIRONMENT (DEPARTMENT OFNML HEALTH A ENVIRONMENT)
2311E FACILITY SHALL A01,RE TO ME MOWN PF0MISS,BLE NOSE LEVELS ALLOWEDLY THE LIGHT INDUS100 ZONE AS DEUYBAIED N SEC1CN
140.0 OF T1E \TEED COUNTY CODE DEPARTMENT CF PUBLIC HEALTH & ENVIRONMENT)
SVWASTE MATERIALS NOT SPECIFICALLY ADDRESSED BY OTHER DEVELOPMENT STANDARDS SHALL BE HANDLED STORED MD DISPOSED W A
MANNER TINT CONTROLS FUGITIVE DUST 8.111100 DEBRIS AHD OTHER POTENTIAL NUISANCE CONDGIONS. (DFPARTMd1 OF RELIC I0ALTH
ENVWONJENT
31)10 FERMENT DISPOSAL OF WASTES SHALL BE PERMED AT THIS SIZE O(CEPF THOSE WASTES SPECIFICALLY EXCLUDED FROM THE DEFBNITION
OF A SOLO WASTE N THE SOLID WASTES DISPOSAL SITES AND FACLITES ACT 302010/5 CRS AS WENDED AND ANY AND ALL WASESB0NG
COMPOSTED N ACCORDANCE WITH ME APPROVED ENGINEERING DESIGN MD OPERATIOS FLAN (DEPARTMENT OF PUBLIC HEALTH AND
ENVRONMENT)
32/11. HA 301030 0011180.815 MET BE HANDLED IN A SAFE MANNER IN ACCORDANCE WITH PRODUCT LABELING AND R A MANNER THAT NNDNOES
TIE RELEASE OF HAZARDOUS AR POLLUTANTS ANNE VOLATL0 ORGANIC COMAXND£ ALL CHEMICALS MUST BE STORED SECURELY MD N
ACCODAASEWIH MANUFACTURERS RECOIIMMOATON5 (DEPARTMENT OFPUBUC REALTADENVWONMENI)
335CAPOSTING OPERATIOS WILL NOT E XTDO PAST CD BOUNDARIES OF THE PROPERTY REP ARMOR OF PUBLIC HEALTH AND ENVIRONMENT)
31 THE ORERATCN SHALL COMPLY M TH ALLAPPLI01B.E RUES AND RE(RSATIDNS Cf STATE AND FEDERAL AGENC E5 A0 TIE NERD COUNTY CODE
(DEPARTMENT O. MUG REALM AND ENVIRONMENT)
35510ULD NOXIOUS WEEDS E105T ON THE PROPERTY OR BECOME ESTABUSHED AS A RESULT OF THE PROPOSED DEVELOPMENT THE
APwGNTLANDOINER SHALL BE RESPONSIBLE FOR CONTROWNO ME NO0301.5 WEEDS PURSUANT TO CHAPTER 15 010/54151 NO L OF THE
WELD COUNTY CODEDEPARINFNT OF PUNTING SERACES ENGINEER)
]SME HISTORICAL FLOW PATTERNS AND TUNOFFAJ0IDRSWBLBE MANTANEDONRESIIE(DEPPMTHENT OF RAVING MINCES ENGINEER)
31 WELD COUNTY IS NOT RESPONSIBLE 000111000134151555001011100800501000155 FEATURES (DEPARTMENT OF PURR& SERVICES
ENGINEER)
3580E SHALL BE NO PARKING CR STAGING OF VEHICLES CN COUNTY ROADS. MLLE PAIIXIG SHALL BE UNDFD (DEPARTMENT CF PUINWG
SERVICES ENGINEER)
39 SOURCES OF LIGHT SHALL BE 5RIEIDED SO THAT LIGHT RAYS WILL NOT SHINE DIRECTLY 0M0AOIACMNTPROPERRES WHERE SUCH WOULD CAUSE
NUISANCE OROOFAFERE MN THE USE TITHE ADJACENT PROPERTIES W ADWROVKEWITH TEEM NEITHER ME DIRECT NOR REFLECTED
UGHTFROMANY LIGHT SOURCE MAY C EATEATRAFFIC HAZARD TO OPERATORS OF MOTOR VEHICLES OIRSUC OR FRNATESTREETS NO
COLORED UGHTBMAY BE USED WHICH MAY BE CONFUSED WITH OR CONSTRUED ALTRA5C CONTROL DEVICES (DEPARTILNT OF FUIWWO
SEMME5)
M BULLING PERMS MAYBEREQUOED PW REC10V2Sb10 OF MEWED COUNTY COCECORENIIYTHE FOLLOWING HAS BEEN ADOPTED BYWEID
COUNTY 20121HIEIUURO WL CODES 20116 W1DdUTTONAL ENERGY C00E At I NATIONAL ELECTRICAL CODE A BURG WG PERMIT APPIIGTION MUST
BECOMPLETED MIDMDCOMPLETB SETS OF ENGIN ERED PLANE BEARING THE WET STAMP OFA COLORA00 REGISTERED ARCNITECTOR ENGINEER
RUSTLE SUBMITTED FOR REVIEW A OECIECINICALENGWEERWG REPEAT PERFOR4D BY A REGISTERED STATE OF COLORADO ENGINEER SHALL BE
REQUIRE00R/ROPER HOLE INSPECTION (DEPARTMENT OF BUILDING INSPECTION)
II THE PROPERTY OWNER OR OPERATOR SHALBERFR OPSIBIE FOR COMIPLY➢G%WHITE DESIGN AND OPERATIONSW✓DAABS OF CHAPTER 230F
THEIYI3DCOUNTY CODE
42 NECESSARY PERSONNELFRONNE WELD COUNTY DEPARTMENTS OF PLANNING SWIMS PUBUC WORKS ANDR&ICHEALIH AND ENVIRONMENT
SHALL BE GRANTED ACCESS 0TOTHE POOP, TY ATAW REASONABLE TIME IN ORDER TO ENSURE THEACITYIOES COFNEDOUT ONME PROPERTY
COMPLY WITH THE COMMONS OF APPROVAL AM DEVELOPMENT STANDARDS STATED HEREIN AND AL APPLICABLE WELD COUNTY REGULATORS
13 THE USE BY SPECAL FIRMWARE., SHALL BE LIMITED 70 THE PLANS SHOWN HEREON AND GOVERNED BY THE FOREGOING STANDARDS AND ALL
APPUCABLENEID COUNTY REGULATORS SUBSTANTIAL CHARGES FROM THE PLAITS OR DEVELOPMENTSTANDARDS AS SHOWN OR STATED SHALL
SECURE MEAPPROVAL OF ANW ENDVENT OF DEMENT BY THE WELD COUNTY BOARD OF COUNTY CO WILSSIO0EP5 BEFORE 5101 CHANGES
MENTHE FANS OR DEVELOPMENT STANDARDS ARE PERMITTED ANY ORET CHANGES SMALL BE FLED IN THE OFFICHOF THE DEPARTMENT OF
PLANNING SEANCES
M ME PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING WITH NJ. OF THEFOREGOWG DEVELOPMENT STANDARDS
NONCOMAIIHCE WITNANY OF THE FOREGOING DEVOOFAENTSTAMMRDB MAT EE REASONER REVOCATIONOETHE PERMIT BY TIE BOIPD OF
COUNTY CO M SSLONERS
15 WELD CWNTIS RIGHT TO FARM WELD COUNTY IS ONE OF THE M05TPR000CTREAGRO)LTURLL COUNTIES IN THEUNRED STATES TYPICALLY
MIOUNG IN THE TOP TEN COUNOESW THE COUNTRY IN TOTAL MARKET VALUE OF AGRICULTLMRLPRODUCTS SCUD THE RURAL AREAS OFWEU)
GODLY MAY BE OPERAND SPACIOUS BUTTHEY ARE INTENSIVELY USED FOLAGRNALT. E, PMONS0OWND INTO ARURAL AREA MUST
RECOIL ANDACCEPTTHERE ARE DRAMA= WCWOWG CO.FUCISYDMLONGSTMIOWGAGRICIRNRALPRACTICESND ALOAEN LEVEL OF
SEMMES THAN N TORN ALONG WfEME DRAWBACKS COME MEINCENTIVES WHICH ATTRACT UMW DWELLERST0REl008TE TORURALAREA5
OFENVEWS SPACIOUSNESS WILDUFE LANG( OF CITY NOISE AND CONGESTION ANDTNE RUMLAMDSPNEREAND MAY OFUFE WITHOUT
NEIGHBOPRGFMWS MOSE FEATURES WHCNATMACTURELM DWELLERS TORURALWELD COUNTY WOULD QUICKLY BEGONEPOREVER
AGRCJTUNL USERS OF THE LOUD MOULD NOT BE EXPECTED TO CHANCE 1008 LONGESTABLURED AGRICULTURAL PRACTICES TO
0 00M ODATE THE 005115050 OF URBAN USERS INTOA RURAL AREA WELLAUN AGRICULTURAL ACTIVITIES 4161 GENERATE OFFSITE IMPACTS
WCLUDWG NOISE FROM TRACTORS AND EQUIPMENT SLDW410NNG FARM VESICLES ON RURAL ROADS DUST FROM ANIMAL PENS, FELD WORK
HARVEST MD GRAVEL ROADS ODOR FROM ANIMAL CONFINEMENT MUG' AND MANURE SMOTE FROM DITCH BUDPNG. FLIES MID 11000UAROES
HAUNTING AND TRAPPING ACTIVITIES SHOOTING SPORTS LEGAL HAIDIG OF NUSMCE 1HLOUFE AND THE USE CF PESTICIDES AND FERTILIZERS W
THEMES WCLMOWG ME USE OF AERIALSPRAYING R IS COMMON PRACTCEFORAGR0ATRALPRODUCLRS TOOIIUZE IS ACCUMULATOR OF
AGRN7ATUUL MACI9ERY A115 SUPPLIES TO ASSIST IN THEIR AGRICULTURAL CP-ROOM A CONCENTRATION OF MISCELLANEOUS
AGRICULTURAL MATERIALS OFTEN PRODUCES A VISUALDISPARTIY BETWEEN RUM -AHD URBAN AREAS OF THE [CUM SECTOND 3610 CRS
PROVIDES THAT AN AGRICULTURAL. OPERATION SHALL NOT BE FOUND TO BE A RIBA C OR PRIVATE NUISANCE IF THE AGRICULTURAL OPERATOR
ALLEGED TO BE A NUISANCE EMPLOYS METHODS OR PRACTICES THAT ARE COON0111 OR REASONABLY ASSOCIATED WITH AGRICULTURAL
PROODCIML
WATER HAS BEEN AND CONTINUES TO BE THE EFPIINE FOR THE AGRICULTURAL 00151515? IT IS UNREALISTIC TO ASSUME THAT DITCHES AND
RESENVORS MAY SIMPLY BE MOVED OUT OF ME WAY. OF RESIDENTIAL DEVELOPMENT WREN MOVING TO THE COUNTY PROPERTY OWNERS AND
ELEMENTS MST RE4.OE THEY CANNOT TAE WATER FROM IRRIGATION DITCHES LAMS 0R OTHER STRUCTURES UNLESS THEY HAVE M1
ADJUDICATED MITT) THE WATER
WELD WINTY COMM A LAND AREA OF APPROXWMTELY FOUR THOUSAND (IOM) SQUARE MILES IN SIZE (VOCE THE SUE OF THE STATE OF
DEUIWAE) MN MORE THAN TREE MUSH() SEVEN HUNDRED (3700) LEES Of STATE AND COMITY ROADS OUTSIDE OF MIUCCPAITES THE
SHIN MAGNITUDE OF TIE AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES LAW ENFORCEMENT S BASED ON RESPONSES TO
CCIPLMVIS MORE THIS ON PATROLS OF ME COUNTY AND THE DISTANCES WHICH MUST BE TRAVELED MAY D.LAY ALL EMERGENCY RESPONSES
N0UDBG LAW ENFORCEMENT REMAKE AND FINE FRE PROTECTIONS USUALLY PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR JOBS
NIX MALES TO RESPOND TO ELOPGENCIES COUNTY GRAVEL ROADS NO MATTER HOW OFTEN THEY ARE BLADED WILL NOT PROVIDE THE SAM5
IMO OF SURFACE DPECTED FROM APAVED ROAD SNOW REMOVAL PEONIES LEAN THAT ROADS FROMBUBOMSIOLS TO AATERINSWY NOISE
CLEARED FOR SEVERAL DAYS AFTER A MAPORSNOWSTORM SERVICESN RURAL AREAS INMANY CASES WILL NOT BEEQUNA1ERT TOMUICIPAL
SERVICES RURAL DWELLERS MUST BYIECESSTY BE MORE SEU.UFFIOEM THANURBANDWELLERS
PEOPLE ARE DPOSED TO DIFFERENT HOARDS W ME COUNT/ MAN W AN URBAN OR SUBURBAN SETTING FARM EGU1P@UT AND OL FEUD
FOMENT PONDS AND IRRIGATION DITCHES ELECTRICAL POWER FOR PUMPS MD CENTER PNOT OPERATIONS HIGH SPEEDTRAPIC SAND BURS
PMCRAE VALES TERRITORNLFARM COGSNDLNESTODC AND OPEN BURNING PRESENT PEAL THREATS CONTROLIDG CHURNS ACTIVITIES IS
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PART OF THE SOUTHEAST V. OF SECTION 25 TOWNSHIP 4 NORTH RANGE
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USE BY SPECIAL REVIEW USR-17O4
HEARTLAND BIOGAS, LLC.
PART OF THE SOUTHEAST' 4 OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST, OF THE 6TH P M ,
COUNTY OF WELD, COLORADO
91E SPECIFIC DEV EIAPM0NT PLM
USE BY SPECIAL REVIEW PERIDT
DEVEIOPMSNT STANDARDS
Shelton Lees A. Cat% LM
Ilortlaod RenenaNe Energy LLC
USR 1104
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Nedh and Es1mmet
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Cade
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31 Al bake pee em0be seeded tore LaSek Fie'spanned, a wan and aopmA per to seem a baede% Pem6s.
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USE BY SPECIAL REVIEW USR-1704
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HEARTLAND BIOGAS, LLC
PART OF THE SOUTHEAST I'. OF SECTION 25 TOWNSHIP 4 NORTH RANGE
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4350 Highway 66, Longmont, CO 80504
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65 WEST OFT6TH PM COUNTY OF WELD COLORADO
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(97O) 535 9318 fax (97O) 535-9854
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RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING, PCSC16-0004, CONCERNING A
MINOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN, MUSR14-0030,
AND USE BY SPECIAL REVIEW PERMIT, USR-1704, FOR A SOLID WASTE
DISPOSAL SITE AND FACILITY (INCLUDING CLASS I COMPOSTING, AN ANIMAL
WASTE RECYCLING OR PROCESSING FACILITY [AN ANAEROBIC DIGESTER -
BASED RENEWABLE ENERGY PLANT GAS], ALONG WITH A CONCRETE BATCH
PLANT TO BE USED FOR CONSTRUCTION OF THE FACILITY FOR THE ADDITION
OF A DIGESTER PROCESS AND A 70 -FOOT FLARE) IN THE A (AGRICULTURAL)
ZONE DISTRICT AND REVIEW OF THE CERTIFICATE OF DESIGNATION -
HEARTLAND BIOGAS, 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 July 11, 2016, a Probable Cause Hearing was conducted to consider
revocation of a Minor Amendment, MUSR14-0030, to a Site Specific Development Plan and Use
by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility (including
Class I composting, an animal waste recycling or processing facility [an anaerobic digester -based
renewable energy plant gas], along with a concrete batch plant to be used for construction of the
facility for the addition of a Digester Process and a 70 -foot flare) in the A (Agricultural) Zone
District, issued to Heartland Biogas, LLC, 15445 Innovative Drive, San Diego, CA 92128, and
Certificate of Designation, issued to Heartland Renewable Energy in 2010, and
WHEREAS, on September 19, 2016, a Show Cause Hearing was conducted to consider
revocation of a Minor Amendment, MUSR14-0030, to a Site Specific Development Plan and Use
by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility (including
Class I composting, an animal waste recycling or processing facility [an anaerobic digester -based
renewable energy plant gas], along with a concrete batch plant to be used for construction of the
facility for the addition of a Digester Process and a 70 -foot flare) in the A (Agricultural) Zone
District, issued to Heartland Biogas, LLC, 15445 Innovative Drive, San Diego, CA 92128, and
Certificate of Designation, issued to Heartland Renewable Energy in 2010, and
WHEREAS, Heartland Biogas, LLC, is the current owner of the facility located on property
being further described as follows:
Part of the SE1/4 of Section 25, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing of September 19, 2016, after taking into consideration all
testimony and evidence presented, the Board deemed it advisable to continue the matter, with
conditions, to November 14, 2016, at the hour of 9:00 a.m., to allow Heartland Biogas, LLC, an
opportunity to receive and review bids related to mitigation solutions and have a minimum of two
(2) community meetings. The conditions regarding the continuance as agreed upon by the Board
were as follows: limit gas production to 60%, limit organic material received to the current amount,
and have a minimum of two (2) community meetings with proper notice given.
2016-3686
PL2072
SHOW CAUSE HEARING (MUSR14-0030 AND USR-1704) - HEARTLAND BIOGAS, LLC
PAGE 2
WHEREAS, at the hearing on November 14, 2016, the Board heard additional testimony
stating the Colorado Department of Public Health and Environment notified Weld County that
Heartland Biogas, LLC, was operating without a Certificate of Designation ("CD") due to the fact
that the original CD was granted to Heartland Renewable Energy, and
WHEREAS, a solid waste facility such as that operated by Heartland Biogas, LLC, is
required to operate with a valid Certificate of Designation pursuant to C.R.S. 30-20-101 et seq.,
Colorado Code of Regulations 1007-2:1 et seq., and pursuant to various provisions of the Weld
County Code, and evidence was presented these conditions have not been complied with,
specifically, review of the financial assurance by the County and other factors, and
WHEREAS, evidence was also presented and the following findings of fact were made
that Heartland Biogas, LLC, may be in violation of various Development Standards of Use by
Special Review Permit, USR-1704, and MUSR14-0030 as follows:
6. The property owner or operator shall comply with the applicable sections of the regulations
pertaining to the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) and be
constructed, operated, and monitored as detailed in the application materials and Conditions
detailed in the Engineering Design and Operations Plan approval letter, dated April 7, 2010,
from the Colorado Department of Public Health and Environment (CDPHE) in conjunction with
the application materials and Conditions detailed in the Digester Processing System
Engineering Design and Operation Plan Addendum approval letter, dated December 18,
2014, from the CDPHE.
Evidence was presented that Heartland Biogas was in violation of the EDOP and the Solid
Waste Regulations due to various aspects of the operation including, but not limited to,
fencing, signage, enclosure of buildings, dust, garbage blowing, odor levels, and odor
mitigation measures such as scrubbers, as well as access to the facility, security at the facility,
to include potential secure ID card entrance as required. In addition, evidence was presented
that waste was being stored on site which may be a contradiction of the MUSR permit,
specifically unenclosed or covered storage of waste streams. Further, evidence was
presented that the odor management plan requires odor mitigation measures to be taken to
control offsite nuisance conditions, and that nuisance conditions are present, including odor,
and not being mitigated. Additionally, evidence was presented that the offloading of material
was not being done in an enclosed building, storage pits were not covered, and waste streams
were not being offloaded via a hose. Further, the storage of waste streams at the DPS system
as documented in photographs. Additionally, evidence was presented that incoming waste
was not being limited or removed in compliance with the odor management mitigation plan.
10. The property owner or facility operator shall notify the Weld County Department of Public
Health and Environment, Department of Planning Services, and the Colorado Department of
Public Health and Environment in the event of any deviations from, or proposed changes to,
the facilities Engineering Design and Operations Plan.
Evidence presented indicated modified EDOP plans that are inconsistent with the originally
granted CD, to include, but not limited to, the need for any bio-filtration systems or odor
mitigation measures, and that Weld County was not notified of these modifications.
2016-3686
PL2072
SHOW CAUSE HEARING (MUSR14-0030 AND USR-1704) - HEARTLAND BIOGAS, LLC
PAGE 3
16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall comply with their approved particulate emissions control plan.
The photographs of milk jugs, testimony of dust and blowing debris, as well as testimony
regarding neighbors having to pick up garbage along their property lines indicated that this
standard was being violated.
17. The facility shall operate in compliance with applicable Colorado Air Quality Control
Regulations and comply with any permits issued by the Air Pollution Control Division.
Heartland Biogas, LLC, previously entered into a Consent Agreement with the Colorado Air
Quality Control Division regarding its air quality, and inspections indicate that the Permits
issued by the State may be inadequate. Further, the issue was raised regarding whether the
Operations and Maintenance Plan related to the air quality has been fully complied with,
specifically with regard to the air quality permit issued January 20, 2016, which states that
compliance with the Operation and Maintenance Plan shall commence upon startup of the
anaerobic digester.
18. Exhaust removal systems shall be installed when necessary for enclosed areas and dust
producing processes and equipment. Visible stack emissions from exhaust removal, material
processing, and any combustion source shall not exceed 20% capacity (measured in
accordance with EPA Reference Method 9). There shall be no visible emissions from any
building openings (measured in accordance with EPA Reference Method 22).
Photographs and testimony demonstrating visible stack emissions were submitted indicating
an opaque emission emanating from the facility.
21. In accordance with the Colorado Air Quality Control Commissions Regulation Number 2, odor
detected off -site shall not exceed the level of seven -to -one (7:1) dilution threshold.
On April 27, 2016, Phil Brewer of the Weld County Department of Public Health, a certified
odor evaluator registered an exceedance of greater than seven -to -one (7:1) dilution threshold.
30. Waste materials, not specifically addressed by other Development Standards, shall be
handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions.
The photographs of milk jugs, testimony and photographs of dust and blowing debris as well
as testimony regarding neighbors having to pick up garbage along their property lines indicate
that this standard is being violated. Further, evidence has been presented that potential
nuisance conditions exist with regard to odor caused by the facility creating a nuisance off the
facility's property.
34. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
Evidence was presented that the facility is operating without a valid CD, specifically as detailed
in letter from the State on November 8, 2016, and due to the fact that the owner of the facility
has changed since the original CD was granted; evidence was presented that the facility is
2016-3686
PL2072
SHOW CAUSE HEARING (MUSR14-0030 AND USR-1704) - HEARTLAND BIOGAS, LLC
PAGE 4
potentially operating outside the bounds of its approved Engineering Design and Operation
Plans (EDOP), which are conditions of the USR Permit; evidence was presented that the
facility is possibly in violation of the State regulations regarding operation of a solid waste
facility, specifically, the fencing requirements for the facility, signage requirements relating to
clearly indicating what waste is accepted and traffic control and emergency contact
information, security and access to the facility, the method of unloading material at the facility,
the coverage/enclosure of the unloading docks at the facility, and the coverage/enclosure of
various aspects of the facility including, the manure storage and storage of waste outside, as
evidenced by photographs presented; evidence was presented that the facility potentially has
not complied with the terms of the Weld County Code for the permitting of a Solid Waste
Facility; additionally, the modification in the number of gallons of waste stored, the height and
number of the storage tanks, compliance with the state solid waste regulations relating to
control of nuisance conditions, relating to odors, noise, dust, and windblown debris.
42. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
As noted above, this facility has been operated without a valid CD, and potentially in violation
of the air quality standards as listed above and Weld County Code Section 23-2-250(b).
45. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
As outlined above, potential violations may exist based on the above listed factual allegations
and standards.
WHEREAS, on November 14, 2016, after taking into consideration all new testimony and
information, the Board determined that further probable cause existed based on the Findings of
Fact and evidence listed above for potential violations of the Use by Special Review Permit
granted to Heartland, as outlined in the above resolution and at the aforementioned hearings,
concerning Minor Amendment, MUSR14-0030, and Use by Special Review Permit, USR-1704,
issued to Heartland Biogas, LLC, as well as the Certificate of Designation issued to Heartland
Renewable Energy in 2010, and said permit and Certificate of Designation were to be further
investigated at a new Show Cause Hearing, in respect of additional violations including State
regulations related to solid waste disposal sites, the validity of the Certificate of Designation, and
various Development Standards and conditions of the MUSR and USR Permits as listed herein,
and giving adequate time to notice the public. They further deemed it advisable to schedule the
matter for Wednesday, December 21, 2016, at the hour of 9:00 a.m., to allow for public notice of
the aforementioned additional violations leading to further recommendations at the future Show
Cause Hearing, as set forth, and
WHEREAS, on November 16, 2016, the Board reconsidered the matter and rescheduled
the hearing for Monday, December 19, 2016, at 9:00 a.m., to accommodate a scheduling conflict
recognized by the applicant and the Board of Commissioners, and
2016-3686
PL2072
SHOW CAUSE HEARING (MUSR14-0030 AND USR-1704) - HEARTLAND BIOGAS, LLC
PAGE 5
WHEREAS, on December 19, 2016, at 9:00 a.m., the Board of County Commissioners
heard additional testimony and received additional evidence which supplemented and added to
the testimony and evidence presented at the previous Probable Cause and Show Cause
hearings, and based on the evidence presented by staff, Heartland, and the public which are
incorporated into the record, the following Findings of Fact were made regarding the Certificate
of Designation, and the Development Standards of USR-1704 and MUSR14-0030:
1. Heartland Biogas, LLC, is currently operating without a Certificate of Designation.
David Kreutzer of the Colorado Attorney General's Office sent a letter, dated
November 8, 2016 stating the facility was operating without a Certificate of
Designation, Heartland's representatives submitted an application to modify the
Certificate of Designation acknowledging the change in the ownership and operation
of the facility, Weld County Department of Public Health and Environment submitted
an inspection letter dated December 12, 2016 acknowledging the lack of a Certificate
of Designation, the Colorado Department of Public Health and Environment submitted
an inspection letter dated November 30, 2016 acknowledging the lack of a Certificate
of Designation, and extensive conversations at the hearing among the Board of County
Commissioners and legal representatives from Heartland Biogas, LLC demonstrate
the failure to obtain a valid Certificate of Designation.
2. It is illegal to operate a Solid Waste Facility without a Certificate of Designation,
pursuant to C.R.S. 30-20-101 et seq., specifically 30-20-112, which requires the
suspension or revocation of a Certificate of Designation for a facility that is not
corn pliant.
3. Heartland Biogas is in violation of Development Standard #6 due to:
a. violating conditions of the Engineering Design and Operations Plan (EDOP)
and the Solid Waste Regulations, including, but not limited to, fencing, security
measures, and signage which are non -compliant;
b. operating the facility without a Certificate of Designation;
c. failing to prevent off -site nuisance conditions in violation of the Solid Waste
Regulations regarding odor, including a violation of Regulation 2 of an odor in
excess of a 7:1 threshold as well as odor which is resulting in a nuisance that
interferes with the use and enjoyment of property near the facility, evidenced
by over 600 complaints;
d. disposing of waste through land application of digested solids free liquid and
lagoon water without receiving appropriate approval from the State and
County, including a Beneficial Use Determination, as admitted by the facility's
representative stating that no such determination was necessary because of
the classification of the waste, despite the submission of a Solid Waste
Beneficial Use Determination by Heartland's representative on December 7,
2016;
e. receiving waste grease prior to obtaining appropriate approval and, therefore,
illegally disposing of waste grease between October 9, 2015, and February 3,
2016;
f. not being compliant with its Engineering Design and Operations Plan (EDOP)
because of the failure to shelter and cover waste streams;
2016-3686
PL2072
SHOW CAUSE HEARING (MUSR14-0030 AND USR-1704) - HEARTLAND BIOGAS, LLC
PAGE 6
g. failing to offload manure via a hose and instead gravity feeding it into an open
lagoon;
h. not storing material for de -packaging in an enclosed coverall building and that
food waste, including, but not limited to dog food, is being stored in the open;
i. storing manure waste in open pits;
j. not installing a bio-filter at the substrate tanks in compliance with Appendix X
of the 2013 Engineering Design and Operations Plan (EDOP);
k. violating 6 CCR 1007.1.84(B) which requires the governing body to review the
financial assurance of any facility wishing to obtain a Certificate of Designation,
which has not taken place; and
I. failing to obtain a review from the Board of County Commissioners regarding
the ability of this particular company, Heartland Biogas, LLC, to comply with
the factors outlines in C.R.S. 30-20-104.
4. Heartland Biogas is in violation of Development Standard #10 due to:
a. submitting Change Order requests 11, 12, and 13 which were submitted to the
State but not to the County;
b. submitting the Work Plan regarding the Groundwater Monitoring Plan waiver
request to the State but not the County;
c. modifying the Engineering Design and Operations Plan (EDOP) without
appropriate notification and approval of the County, as evidenced by the email
exchange on February 24, 2014;
d. failing to comply with the Drainage Plan due to the difference in the size of the
swale and water levels; and
e. making modifications to the Engineering Design and Operations Plan (EDOP)
which were not contemplated in the original grant of the Certificate of
Designation and some of which have not been appropriately provided and
approved of by the County.
5. Heartland Biogas is in violation of Development Standard #17 due to:
a. failing to comply with the Air Quality Standards as evidenced by the Consent
Agreement entered into with the State Air Quality Division which will not reach
full compliance until June of 2017;
b. having recorded a violation of the Air Quality standards on April 27, 2016, for
exceeding the odor threshold of 7:1;
c. not identifying all of the odor sources requiring an APEN or permit nor
complying with all permitting requirements, specifically, the failure to identify
the DPS as an emissions source; and
d. not complying with its Odor Management Plan to include the covering of
offloaded wastes and storage of manure and waste, as well as taking
appropriate mitigation measures to prevent off -site odor conditions.
6. Heartland Biogas is in violation of Development Standard #21 due to:
a. failing to comply with Regulation 2 as evidenced by the Consent Agreement
entered into with the State Air Quality Division which will not reach full
compliance until June of 2017; and
b. recording a violation of the Air Quality standards on April 27, 2016, for
exceeding the odor threshold of 7:1.
2016-3686
PL2072
SHOW CAUSE HEARING (MUSR14-0030 AND USR-1704) - HEARTLAND BIOGAS, LLC
PAGE 7
7. Heartland Biogas is in violation of Development Standard #30 due to:
a. failing to control nuisance conditions as evidenced by the testimony and
photographs relating to off -site nuisance conditions such as blowing trash,
uncovered trash containers, and off -site odor conditions.
8. Heartland Biogas is in violation of Development Standard #34 due to:
a. failing to comply with applicable rules and regulations as evidenced by the
above references to the facility operating without a Certificate of Designation;
b. making modifications to the approved Engineering Design and Operations Plan
(EDOP) which have not been appropriately approved;
c. failing to comply with fencing requirements for the facility, signage
requirements, security and access to the facility, the method of unloading
material at the facility, the coverage/enclosure of the unloading docks at the
facility, and the coverage/enclosure of various aspects of the facility, including
the manure storage, and storage of waste outside;
d. not complying with the terms of the Weld County Code for the permitting of a
Solid Waste Facility;
e. making modifications in the number of gallons of waste stored, the height and
number of the storage tanks;
f. failing to comply with the State Solid Waste Regulations relating to control of
nuisance conditions, including odors and windblown debris;
g. failing to remit their Solid Waste Surcharge fees;
h. not obtaining continued permission for the use and placement of the office
trailers because zoning permits ZPMH15-0016 and ZPMH15-0017 have
expired in November of 2016; and
i, utilizing Cargo containers on the property that do not have the necessary
building permits.
9. Heartland Biogas is in violation of Development Standard #42 due to:
a. the above listed violations,
b. failing to comply with the Development Standards in Chapter 23-2-250(B) of
the Weld County Code, including failure to operate with a valid Certificate of
Designation;
c. violating the Air Quality Standards;
d. not obtaining appropriate approval for signage; and
e. not complying with its Drainage Plan due to the difference in the size of the
swale and water levels compared to the approved Drainage Report.
10. Heartland Biogas is in violation of Development Standard #45 as evidenced by the
above listed evidence and Findings of Fact.
WHEREAS, after hearing all testimony presented, the Board deemed it advisable to
suspend said CD and Use by Special Review Permit based on the Findings of Fact and evidence
listed above, and stated in the record of the hearings on July 11, September 19, November 14,
and December 19, 2016.
2016-3686
PL2072
SHOW CAUSE HEARING (MUSR14-0030 AND USR-1704) - HEARTLAND BIOGAS, LLC
PAGE 8
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that there is adequate cause, as outlined in the above Resolution and at the
aforementioned hearings, concerning Minor Amendment, MUSR14-0030, and Use by Special
Review Permit, USR-1704, issued to Heartland Biogas, LLC, as well as the Certificate of
Designation issued to Heartland Renewable Energy in 2010, and said permit and Certificate of
Designation be, and hereby are, suspended.
NOW THEREFORE, BE IT FURTHER RESOLVED by the Board of County
Commissioners of Weld County, Colorado that the facility may no longer operate due to said
suspension being effective immediately and remaining in effect until a valid Certificate of
Designation is obtained and the facility comes into compliance with all the Development
Standards.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of December, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dsameo
jeitio vi.
Weld County Clerk to the Board
BY:
AP
Co ty Attorney
Date of signature: t alb/ I es,
Mike Freeman, Chair
P
Sea . Co ward-Tem
Barbara Kirkmeyer
Steve Moreno
2016-3686
PL2072
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 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
E-mail messages sent to an individual Commissioner may not be included in the case file To
ensure inclusion of your e-mail correspondence into the case file, please send a copy to
egesick@weldgov.com.
Docket #: 2021-73
Date: December 29, 2021
Time: 10 00 a m
Applicant.
Platte River Biogas, LLC
19179 County Road 49
LaSalle, Colorado 80645
Request: Lift suspension and re -instate a Site Specific Development Plan and Minor Amended
Use by Special Review Permit, MUSR14-0030 (formerly USR-1704), for a Solid Waste Disposal
Site and Facility, including Class I composting, an animal waste recycling or processing facility
(an anaerobic digester -based renewable energy plant (gas) along with 'a concrete batch plant to
be used for construction of the facility for the addition of a Digester Process System and a 70 -foot
flare in the A (Agricultural) Zone District
Legal Description: Being part of the SE1/4 of Section 25, Township 4 North, Range 65 West of
the 6th P M , Weld County, Colorado
Location: West of and adjacent to County Road 49, north of and adjacent to County Road 40
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: December 17, 2021
Published. December 19, 2021, in the Greeley Tribune
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, Colora-
do, Weld County Administration Building, 1150 O Street, Assem-
bly Room, Greeley, Colorado 80631 at the time specified.
If a court reporter is desired please advise the Clerk to the
Board, in writing, at least five days prior to the 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 partici-
pate in this hearing, please contact the Clerk to the Board's Of-
fice 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 Ad-
ministration Building, 1150 O Street. Greeley, Colorado 80631. E-
mail messages sent to an individual Commissioner may not be
included In into the icaseo ensure please send a coof py to egesicntall ke
w dgovconn.
Docket*: 2021-73
Date December 29, 2021
Time: p 10:00 a.m.
ApPlatteplicant
er Biogas. LLC
19179 County Road 49
LaSalle, Colorado 80645
Request: Lift suspension and re -instate a Site Specific Develop-
ment Plan and Minor Amended Use by Special Review Permit,
MUSR14-0030 (formerly USR-1704). for a Solid Waste Disposal
Site and Facility, including Class I composting, an animal waste
recycling or processing facility (an anaerobic digester -based re-
newable energy plant (gas) along with a concrete batch plant to
be used for construction of the facility for the addition of a Di-
gester Process System and a 70 -foot flare in the A (Agricultural)
Zone District
Legal Description: Being part of the SE1/4 of Section 25, Town-
ship 4 North, Range 65 West of the 6th P.M., Weld County, Colo-
Locaotion: West of and adjacent to County Road 49• north of and
adjacent to County Road 40 (see Legal Description or precise lo-
cation)
Board of County Commissioners
Weld County. Colorado
Dated: December 17, 2021
Published: December 19, 2021. in the Greeley Tribune -1856313
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
The undersigned, Melissa Nalera , 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 Greeley Tribune
in Weld County on the following date(s):
Dec 19, 2021
Subscribed and sworn to me before me this
day of
Notary Public
(SEAL)
001,1021 .
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
MY COMMISSION EXPIRES July 31, 2025
Account:
Ad Number:
Fee:
1099690
1856313
$17.86
1.4
CHANGE OF MAILING ADDRESS FORM
(Please print clearly or type)
Parcel # (s) or Account # (s) (Required)
i OS i 4b OO l'''c
Owner's Name.
Tla . 1 /ed X1O L.LC
Property Address.
14 t-1ci Cocc.vi'rq Roah 49
Old Mailing Address
24 ta.b vwa-1 Ave.G 4c } 1L . Wt actv�GC� c
New Mailing Address
1." \-ic Cot.. L...44 --Vi elkoexd *G
City.
Sate
(lot 0-tra.AO
By submitting this form, you acknowledge you are the owner or authorized agent and authorize
the Assessor's office to change the mailing address for this property.
Si ire
Date
Print N9
7i�t Alga fay
Phone
.choei3i8
Mail completed form to
Weld County Assessor's office
1400 N 17th Avenue
Greeley, CO 80634
Fax. (970) 304-6433
Email. assessor@weldgov corn
Esther Gesick
From.
Sent:
To.
Subject:
Attachments:
Tim Naylor <tnaylor@agpros corn>
Wednesday, December 15, 2021 1 29 PM
Chris Gathman, Torn Parko Jr, Bob Choate, Esther Gesick
PRB
Weld County Change of Address form_12-15-21 pdf
,,. ,. ., ;>_� ,+nx mTM•^a '+,�i M,'$`°d` "'" -"v �� is i' ,, 4
,Caution This emaitorigmated from outside of Weld County Government Do not click links or open attachments you recognize the
sender ancitnov'the content is safe ' ,` N ��
tige,g�? �g'a �a� a� ian� z��' n3r �`r 41° „ a a.t,
Bob
' Attached is the Change of Mailing Address form for updating the Platte River Biogas LLC For explanation, the new
ownership group purchased the Platte River Biogas, LLC business so the property is still owned by Platte River Biogas,
LLC but the mailing address has changed as the ownership of the business addressed changed
Please include the correct mailing address with the Notice
Thanks
Tim Naylor
AGPROfessionals
3050 67th Avenue, Suite 200
Greeley, CO 80634
970-535-9318 office
970-535-9854 fax
(303) 870-0013 mobile
www agpros corn
7
�otg
akTorch
AGPRQfessional Awards
® DEW ,OPE11S'Ok AGRICULTilR Winner
1
SURROUNDING PROPERTY OWNERS
MUSR14-0030
Owner
COLORADO STATE OF
PLATTE RIVER BIOGAS LLC
PRAIRIE LAND AND CATTLE LLC
SHELTON LAND & CATTLE LTD
WALTERS KATHY
WELD COUNTY
Address
1127 N SHERMAN ST STE 300
24 WATERWAY AVE STE 400
PO BOX 827
PO BOX 65
18850 COUNTY ROAD 49
1150 O ST
City
DENVER
THE WOODLANDS
FORT LUPTON
PTO N
ROGGEN
LA SALLE
GREELEY
State
CO
TX
CO
CO
CO
CO
Zip Code
80203-2398
77380-3197
80621-0827
80652-0065
80645-9506
80631-9596
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice in accordance with the notification
requirements of Weld County for Case Number MUSR14-0030 in the United States Mail, postage prepaid First
Class Mail as addressed on this 17th day of December, 2021.
17th day of December, 2021
c)5\uic
sc.
esic)
Jess Reid
Deputy Clerk to the Board
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/9/2021
1:27:18 PM
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 # 105525400014
c\e't'sse
1a -9 -at
ieu:0)
Signature
Date
Account
Parcel
Owner
Mailing
Address
R8945076
105330300004
WELD
COUNTY
1150
GREELEY,
O
ST
CO 806319596
R8945077
105330300005
PRAIRIE
LAND
AND
CATTLE
LLC
PO
FORT
BOX
LUPTON,
827
CO 806210827
R8947932
105330300006
WELD
COUNTY
1150
GREELEY,
O
ST
CO 806319596
R8947933
105330300007
PRAIRIE
LAND
AND
CATTLE
LLC
PO
FORT
BOX
LUPTON,
827
CO 806210827
R8941568
105331200024
WELD
COUNTY
OF
1150
GREELEY,
O
ST
CO 806319596
R8941569
105331200025
WALTERS
KATHY
J
18850
LA SALLE,
COUNTY
CO
806459506
ROAD
49
R8945031
105525100015
WELD
COUNTY
1150
GREELEY,
O
ST
CO 806319596
R8945032
105525200016
SHELTON
LAND
& CATTLE
LTD
PO
ROGGEN,
BOX
65
CO 806520065
R6784555
105525300010
SHELTON
LAND
AND
CATTLE
LTD
PO
ROGGEN,
BOX
65
CO 806520065
Parcels: 15
Owner Records: 15
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/9/2021
1:27:18 PM
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 # 105525400014
alb
\a -g-a‘
\Zs.Alei
Signature
Date
Account
Parcel
Owner
Mailing
Address
R8944201
105525400012
WELD
COUNTY
1150
GREELEY,
O
ST
CO 806319596
R8944202
105525400013
WELD
COUNTY
1150
GREELEY,
O
ST
CO 806319596
R8944203
105525400014
PLATTE
RIVER
BIOGAS
LLC
24
THE
WATERWAY
WOODLANDS,
AVE
STE
TX
773803197
400
R8945033
105525400017
SHELTON
LAND
& CATTLE
LTD
PO BOX
ROGGEN,
65
CO 806520065
R8945202
105536100003
WELD
COUNTY
OF
1150
GREELEY,
O
ST
CO 806319596
R8945203
105536100004
COLORADO
STATE
OF
1127
DENVER,
N
SHERMAN
CO
802032398
ST
STE
300
Parcels: 15 Owner Records: 15
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/9/2021
1:27:18 PM
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 # 105525400014
Parcels: 15
Owner Records: 15
cS"xt-r-
•a-`A- a\
Vaki„&i
Signature
Date
Page 3 of 3
EXHIBIT INVENTORY CONTROL SHEET
CASE MUSR14-0030 - PLATTE RIVER BIOGAS, LLC
Tyler
Exhibit Submitted By Page # Description
James Welch,
Surrounding
A. Property Owner
B. Applicant
Rena Arens,
Surrounding
C. Property Owner
D.
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
Letter of concern, annualized odor complaint data,
descriptive statistics of complaints of odor from CDPHE
and WCDPHE (received 12/27/2021)
PowerPoint Presentation (received 12/28/2021)
Letter read at hearing on 12/29/2021
Jessica Reid
From:
Sent:
To:
Subject:
Attachments:
Chris Gathman
Monday, December 27, 2021 10:59 AM
Esther Gesick; Jan Warwick; Jessica Reid; Chloe White; Bob Choate; Bruce Barker; Dawn
Anderson
FW: Platte River Biogas Hearing
Annualized Odor Complaint Data.xlsx; Colorado County -Weld Complaints-#
11-08-16.docx
From: James Welch <jameswelch3445@yahoo.com>
Sent: Monday, December 27, 2021 10:52 AM
To: Steve Moreno <smoreno@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Scott James
<sjames@weldgov.com>; Perry Buck <pbuck@weldgov.com>; Lori Saine <Isaine@weldgov.com>
Cc: Tom Parko Jr. <tparko@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Chris Gathman
<cgathman@weldgov.com>
Subject: Platte River Biogas Hearing
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear Commissioners and staff,
I hope you all had a Merry Christmas and had time to relax and spend with friends and family.
I am writing regarding the Platte River Biogas (PRB) USR suspension that you will be reviewing on Wednesday,
December 29th. I am located approximately 1/2 mile to the southeast of the facility. I have lived here for 18 years and lived
here when it was being run as the Heartland facility. Because of the significant negative impact this facility had on our
community my preference is that the facility would not be reopen. However, as this may not be possible, I would
respectfully request that additional development standards be included in the USR or as part of the resolution to help
ensure the requirement that these more intensive uses be compatible with the local neighborhood and protect both the
physical and mental health of the residents of the community.
As three of you were not on the Board during the Show Cause hearings that led to this suspension. I would like to
give a very brief background on the facility and its impact. This is a unique land use decision as we do not have to
speculate what the impacts may be as we have firsthand evidence of exactly what can happen with this facility. I cannot
stress enough that the impact the community experienced from this facility was real and not exaggerated. Members in our
community experienced physical impacts such as headaches and nausea as well as mental impacts of anxiety attacks
and depression. Our community was devastated by this facility and the continual putrid odors did not allow us to utilize or
enjoy our own properties. Our homes that should serve as a refuge became a prison. All of us had to cancel events
dramatically rearrange our lives and many times even leave our homes as the stench, even inside our homes, was by the
truest definition unbearable. As stated in a Coloradan article on the Heartland facility, Sybil Sharvelle, a Colorado State
University professor of civil and environmental engineering, whose specialties include waste -to -energy conversion stated,
"...this was clearly a highly offensive odor that also caused physical problems for some of the residents.
The severe impact to the community can also be observed objectively through the data. With data provided by the
Colorado Department of Public Health & Environment in November 2016, which I have attached, you can see the
annualized complaint rate for the PRB facility was 300% higher than all the other top odor producers in the state
combined and 1200% higher than all other odor producers in Weld County combined. By the time this facility shut down,
in less than a year and a half of operation it had become the largest documented odor producing facility in the state of
1
Colorado. However, what is important is that during this time period the facility only violated the odor standards specified
in the USR one time. Based on this, we can conclude that the development standards in the USR were insufficient to
protect the neighborhood and the odor standard specifically was insufficient.
In the USR process, section 23-2-200 (A) states: "Uses by Special Review require additional consideration to
ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the
NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by
Special Review of Performance, Design and Operations Standards listed both herein, are designed to protect and
promote the health, safety, convenience and general welfare of the present and future residents of the county."
Additionally, in section 23-2-230 (B) it indicates the responsibility of the Board to ensure that the applicant has
demonstrated "That the uses which would be permitted would be compatible with the existing surrounding land
USES.", and "That there is adequate provision for the protection of the health, safety and welfare of the inhabitants
of the NEIGHBORHOOD and the COUNTY."
As shown in the impacts to the community and the corresponding data, it is apparent that the design standards
in the USR did not meet the requirement of 23-2-200 nor 23-2-230. Therefore, current standards should be revised, and if
needed, additional standards should be added to the resolution to protect the health, safety, convenience, and welfare of
the present and future residents. Staff has recommended to include in the resolution that this facility is restricted to a
manure only facility. However, this change alone cannot assure that these odor problems will not persist and that this one
change would make this facility compatible with the neighborhood as there are fundamental flaws in the design and
operation of this facility. I would recommend also adding the following.
1) Most critically, a revised development standard for odor. As already established, the current odor
standard for this facility is inadequate to protect the neighborhood and has allowed this facility to become the
largest documented odor generator in the state. I would recommend one of the two approaches.
a. Lower the threshold to a 2:1 limit at a receptor site such as a home or business and leave at a
7:1 ratio for non -receptor sites. There are some examples of this. In the Colorado Odor regulation, 5
CCR 1001-4 part B, there are regulations for swine feeding operations which also include anaerobic
digestors. The general regulation is a 7:1 limit but it also specifies that "odor emissions from the
operations shall not be detected at any off -site receptor such as a home after the odorous air has
been diluted with two or more volumes of odor free air." Similarly, there are also local municipalities
such as Timnath that use a 2:1 threshold.
b. An alternative approach is to use a complaint -based regulation. There are a couple local
examples. The first is in Denver in which a violation occurs if a site surpasses the 7:1 ratio or if the
Health department receives five or more complaints from residents of separate households within 30
days on a facility. Even closer to home, Greeley has a similar measure in which an odor violation
occurs when three or more individuals from separate households report the same odor event within a
six -hour period. If we are to ensure compatibility with the neighborhood, this would ultimately be the
real measurement to ensure compatibility. I am sure the biggest concern on this approach is if the
public abuses or misuses this type of violation, but these municipalities have had these regulations for
several years and there is no evidence that the public will abuse the complaint -based regulation.
2) Development of an odor mitigation plan. This would have been required under the Solid Waste
regulations, but it is unclear if this would still be required. This plan should include details on:
a. How nuisance odors will be prevented and,
b. What actions will be taken if nuisance odor conditions develop.
3) Development of a current Design and Operations plan. The owner will be presenting several
upgrades to the facility. It is important that these are documented, and the applicant is held responsible for the
implementation as we have found historically with this facility that simply just being told that upgrades would
be made but not required resulted in upgrades never occuring. I would like these to be required as part of the
D&O plan, all of which were identified by the prior owner as significant odor sources. These include:
a. Upgrades to the H2S scrubbers (Biorem reactors),
2
b. Water treatment system for waste effluent from the digestions process (Reverse Osmosis
system)
c. Odor mitigation for off -gassing in the liquid input tanks (Scrubber)
d. Covered manure pit when unloading. This was part of the original 2010 Design Plan but never
constructed.
e. Any additional upgrades that the applicant proposes should also be included in this plan.
4) Clarity on the relevant Development Standards. For the sake of the applicant, the County, and the
community, I would like to see the resolution specify exactly which Design Standards in the amended USR
need to be adhered to and which do not. Without this clarity the interpretation and enforcement of this facility
will be arbitrary and potentially capricious.
In summary, we have seen the impacts that this facility can have on the local area. It has also been demonstrated
that the existing development standards for this facility are insufficient to protect the community. I respectfully request that
if the Board does decide to lift the suspension that these extra measures are included to ensure the facility is compatible
with the community and protects the health, safety, and welfare of the inhabitants of the neighborhood as required by the
County Code.
Thank you for your time and considerations.
If you have any follow up questions please let me know.
Best Regards,
James Welch
18626 CR 49
LaSalle, CO 80645
970-646-5258
3
Total
Time Span
(years)
Complaints/Year
County
Bio-Fermentation Plant
600
1.2
500
Weld
Biogas Production (Heartland/PRB facility)
Waste Water Treatment Plant
300
12
25
Weld
Wood Products Manufacturing
40
2
20
Adams
Pet Food Processing Plant
27
1
27
Denver
Chemical Syntheses (?)
18
1
18
El Paso
Human Food Processing Plant
10
2
5
Boulder
Sugar Beet Processing
9
1
9
Morgan
O&G Drilling Rig
7
1
7
Weld
General Waste Depository -Landfill
5
1
5
Weld
Drained Reservoir with Dead Fish
3
1
3
Weld
Asphalt Plant
1
1
1
Weld
Chemical Manufacturer
1
1
1
Weld
Electric Power Supplier
1
1
1
Weld
DESCRIPTIVE STATISTICS OF COMPLAINTS of ODOR RECEIVED AT:
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION
AND
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
ENVIRONMENTAL HEALTH SERVICES
County
Reported #
Descriptive of Odor Type
General Source
Year or General
Span of Years
Weld
497
Decomposing Organic
Feedstock -Chemical
Bio-Fermentation Plant
Biogas Production
2015-2016
Weld
300+
Sewage
Waste Water Treatment Plant
2004-2016
Adams
40
Paint -Solvent
Wood Products
Manufacturing
2004-2006
Denver
27
Pet Food Decomposition
Pet Food Processing Plant
2016
El Paso
18
Chemicals
Chemical Syntheses (?)
2011
Boulder
10
Human Food
Human Food Processing Plant
2014-2015
Morgan
9
Decomposing Organics
Sugar Beet Processing
2013
DESCRIPTIVE STATISTICS OF COMPLAINTS of ODOR RECEIVED AT:
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION
AND
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
ENVIRONMENTAL HEALTH SERVICES
Other Weld County 2016 Odor Complaints-#
O&G Drilling Rig
7
General Waste Depository -Landfill
5
Drained Reservoir with Dead Fish
3
Asphalt Plant
1
Chemical Manufacturer
1
Electric Power Supplier
1
Total
18
Re -instatement Request
M SRI4 0030
Applicants:
Platte River Biogas, LLC
do AGPROfessionals, LLC
3050 67t" Ave
Greeley, CO 80634
EXHIBIT
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Request
• Re instate MUSRI4 0030
• Manure only Digester facility
AGPROfessionals
DEVELOPERS OF AGRICULTURE
E
New Ownershi
I
p
•
Platte River Biogas, LLC
• Local Ownership
• Serving Weld County Dairies
AGPROfessionals
DEVELOPERS OF AGRICULTURE
rDPHE Re"i "I f Existin
3
Facili
tY
• No Certificate of Designation from Weld County
• Solid Waste Facility Closure - Completed May 2020
• Solid Waste Financial Assurance Surety Bond
released by the State - November 2020
• The Facility is no longer considered a Solid Waste
Site in accordance with CDPHE Solid Waste
Regulations
AGPROfessionals
DEVELOPERS OF AGRICULTURE
M. nure-onlyF
C
i
N
tY
CDPHE concurs the following do not apply
to the Facility since it is not a Solid Waste
site:
•
•
•
•
•
•
Financial Assurance
Engineering Design and Operations Plan (EDOP)
or Any Requirements Therein
Closure and Post -Closure Requirements
Site Monitoring and Sampling
Section 9 requirements relating to Solid Waste
Impoundments
Section 14 requirements relating to Composting
solid waste
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Manure -only Fa
C
ility
• The Facility will operate with manure -only as
part of local dairy manure management systems
• Manure is defined as an "Agricultural Waste"
• Agricultural Wastes are exempt from Division
Regulations for Solid Waste
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Neighborhood flutrearh
From October through December, the Owners:
• Held six in -person meetings with families surrounding the
site
• Contacted by email, phone and letter the 40+ property
owners within a half -mile of the property with an offer to
meet or talk on the phone
• Notified surrounding property owners and previous
hearing participants about hearing details
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Operations
Hours of Operation:
• Plant: Operate 24 hours per day, 7 days / week,
• Primary Hours of Operation: 6 a.m. — 6 p.m.,
Employees:
Traffic:
• 6-8 Employees on site rotating operating shifts for
continuous coverage. 24-30 Employees total
• 70-90 semi -truck loads/day
• Employees -18-24 per day, 6-8 per shift
• Service Venders and Visitors -1-2 per day
Ile
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Benefits of An. erobi
C
Di
g
Asti
0
n
• Produce renewable energy from organic waste to power
homes, businesses, and communities
• Sustain farms for future generations by reducing on -farm
methane emissions and providing a diversified income
stream and beneficial byproducts that support
regenerative agriculture
• Reduce greenhouse gas emissions from dairies
■
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Air
Qua
i
ity
Odor Control:
• No Food Waste
• Manure stored in tanks
• New Activated Carbon Biofilter System
• New H2S Scrubber System
Air Pollutant Emission Notice:
• APEN's will be prepared and submitted to CDPHE
for necessary Equipment
AGPROfessionals
DEVELOPERS OF AGRICULTURE
r
Water Treatment
Water Treatment System
• Treat digestate to Ground Water Quality Standards
• Allows for reuse of water
• Reduces land application requirements
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Request
• Re instate MUSRI4 0030
• Manure only Digester facility
AGPROfessionals
DEVELOPERS OF AGRICULTURE
EXHIBIT
From: renafae@aol.com,
com,
To: renafae@aol.com,
Date: Tue, Dec 28, 2021 7:36 pm
uS'R-\ t1. - 603
There are only two Commissioners on the Board that were here in 2016 for the hearings. It is impossible to
explain the frustration experienced by the neighborhood with the plant. 1 hops -Commissioner Moreno and
Freeman have- filledinAhertalanifis concerning the plant.
Today's hearing is about the reinstatement of the USR under new ownership. I would like to express my
concern and opposition to the reinstatement as it is presently structured. It leaves too many open doors for
another nightmare for our neighborhood. The county must realize , this is the fourth time this plant has
c�d1P err* '
sold:The plant was never brought on line with the original designation.
owners with the "manure only" desi nati
g g o.
Under the second series of owners, the plant was never brought to 100% operation because of the
continuing problems with operation of the plant and lack of odor control. The third set of owners, a private
equity group, sold and never moved forward on operating or attempting to operate the plant . Now, we
have another set of owners, promising "manure only" The county has been asked to reinstate the existing
USR leaving too many possibilities.
This plant has been an "experiment" from the beginning. I attended numerous meetings with all the
transient owners, listened to the promises, witnessed the lack of expertise in operating the plant. Through
all the hearings, the various owners admitted to the county on record that they didn't know if the "fixes"
would work . Many times they had no solution. The county and neighbors were asked again and again for
another chance to correct the problems... both gave this plant and it's operators every
chance. Now, we are asked again. The letter we received talks of how they are our neighbors who live and
work around us. I doubt very strongly if the stench from this plant will ever reach M and J Dairy..7 miles
away, Hunter Ridge Dairy over 24 miles away or Seeley Lake where AJ and his family live. Nor will the
stench reach New Hamphire where Jim Potter, another principal in this latest adventure resides. However, ,
voc Cr r
the stench cloud will hang over the Justices, the Welches, the Hoylands, the Flippensatnd make itown dto MtS
Vie, \CX\
my house 2.5 miles away, along with the entire neighborhood as far as 5 miles away. Owill hang over the
jewel of Weld County ,the Weld County Parkway that brings people from all over through our county. The
dairymen have admitted they cannot run the plant and they have to rely on someone else. One of their
partners with ownership is Jim Potter. Mr. Potter has been involved with this plant from inception and has
been involved in all the problems with no solutions. My fear is it will continue to be a thorn in the side of our
entire neighborhood and an embarrassment to Weld County's reputation. It is costing the Weld County
taxpayers untold expense with oversight, legal issues, and enforcement. I beg the Commissioners to leave
the suspension until such time as ownership can prove that they are capable of running the plant efficiently.
No more experimenting . Weld County and our neighborhood have given this plant more than enough
chances. Thank you
alt h_C�E
Hello