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Home My WebLink About20213502.tiffHEARING CERTIFICATION DOCKET NO. 2021-73 RE: 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 - PLATTE RIVER BIOGAS, LLC A public hearing was conducted on December 29, 2021, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Chair Pro-Tem Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Health Department representative, Ben Frissell The following business was transacted: I hereby certify that pursuant to a notice dated December 17, 2021, and duly published December 19, 2021, in the Greeley Tribune, a public hearing, was conducted to consider lifting the suspension of and reinstating 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, held by Platte River Biogas, LLC (formally held by Heartland Biogas, LLC). Bob Choate, Assistant County Attorney, made this a matter of record. Chair Moreno clarified the purpose of the hearing was not to consider approval of a new Use by Special Review Permit (USR), but instead review the Violations identified in the 2016 Show Cause Resolution, #2016-3686, and consider lifting the suspension of and reinstating the permit. He explained all public comment should focus on such. Chris Gathman, Department of Planning Services, presented a summary of the history of the facility, including the fact that the previous operator of the facility, Heartland Biogas, LLC (Heartland), processed solid food waste, in addition to manure. He mentioned, in June of 2020, the facility was sold from Heartland, to Platte River Biogas, LLC (PRB). On behalf of PRB, AGPROfessionals, LLC, submitted a letter in November of 2021, stating PRB is in compliance Cc: P�CrP/C&) 3 /3o/2Z 2021-3502 PL2072 HEARING CERTIFICATION - PLATTE RIVER BIOGAS, LLC (MUSR14-0030) PAGE 2 with the Development Standards (DS) in the above mentioned Resolution, and requested reinstatement as a manure -only facility. He stated Planning Services staff recommends reinstatement, per the reasons stated in the Memorandum from Ben Frissell, Weld County Department of Public Health and Environment, dated November 16, 2021. He outlined the Condition upon which Planning Services recommended reinstatement, as being, "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." He indicated Planning Services staff conducted a site inspection in November 2021, and verified the site is in compliance with the approved MUSR14-0030 plat. He noted the temporary trailers, which were on the site in 2016, along with cargo containers requiring building permits, had been removed. In response to Pro-Tem James, Mr. Gathman confirmed MUSR14-0030 is in suspension status, was never revoked, does not require a Certificate of Designation (CD) to operate as a manure -only facility, and the Board needs to find the applicant is in compliance with all of the DS outlined in the Show Cause Resolution, in order to lift the suspension. Ei Tim Naylor, AGPROfessionals, LLC, represented PRB and stated PRB is locally owned by two dairy farmers and is committed to maintaining the DS. He provided a Power Point presentation (Exhibit B), reiterated the facility will be a manure -only facility, displayed a vicinity map, and stated there was significant neighborhood outreach, including in -person meetings, emails, phone calls, and letters. He described the overview of the facility, including the manure digestors, manure storage, the operations building, the gas condensing units, and the Hydrogen Sulfide (H2S) Scrubbers. He reviewed the hours of operations, number of employees, traffic associated with the site, and outlined the benefits of an Anaerobic Digestor, including the production of renewable energy from organic waste, sustainability for farms by reducing on -farm methane emissions, and the reduction of greenhouse gas emissions. He discussed air quality, specifically odor control mitigation and Air Pollutant Emission Notices (APENs), which will be submitted to the Colorado Department of Public Health and Environment (CDPHE) for necessary equipment. He mentioned PRB is considering implementing a water treatment system at the site and stated the facility is in compliance with all of the DS. In response to Commissioner Saine, Mr. Naylor provided the proximity of the owner's dairies (four (4) miles and six (6) miles) to the facility and relayed the Air Quality requirement for agricultural areas is a fourteen -to -one (14:1) threshold; however, this facility is required to meet a seven -to -one (7:1) threshold. Commissioner Freeman iterated the PRB manure -only facility is completely different than the Heartland owned facility, which was also processing food waste. Responding to Pro-Tem James, Mr. Frissell confirmed the PRB facility will be held to a seven -to -one (7:1) threshold, which is more stringent than a fourteen -to -one (14:1) threshold and Mr. Naylor clarified for Commissioner Buck that Heartland violated the Air Quality threshold when they added food waste. El James Welch, LaSalle resident, stated the previous smell was so bad his family had to cancel family events, reschedule their lives and leave their home. He noted there were over 600 reported odor complaints for the facility, yet there was only one (1) violation of Air Quality. He asserted the previous protections for the surrounding property owners fell under the Solid Waste Regulations, which this facility won't have, since it will be a manure -only facility. Furthermore, he stated a manure -only facility does not require an Engineering Design and Operations Plan (EDOP), which requires an Odor Plan. In response to Pro -Tern James, Mr. Frissell clarified the Weld County 2021-3502 PL2072 HEARING CERTIFICATION - PLATTE RIVER BIOGAS, LLC (MUSR14-0030) PAGE 3 Department of Public Health and Environment (WCDPHE) was responsible for investigating odor complaints and stated the WCDPHE would call the CDPHE on waste related items, confirming the WCDPHE will have sole enforcement authority over the proposed manure -only facility, since there will be no solid food waste. Responding to Commissioner Saine, Mr. Welch relayed the 600 odor complaints were logged in an 18 -month period in 2016 and 2017, and mentioned he was fairly confident food waste was added to the facility in January 2016. • Steve Flippin, surrounding property owner, stated the odors started in 2015, when the site was a manure -only facility. He noted he got certified for odor inspection through the state and would like to see stricter odor control than the seven -to -one (7:1) threshold. He iterated the owners of PRB do not live close to the facility and he is concerned about decreased property values. Commissioner Freeman indicated Heartland was not operating the facility the way it was meant to be operated and added there are many manure digestor facilities in Weld County and the odor from them is that of a dairy or a feedlot. ▪ Jean Mark, LaSalle resident, stated Heartland had put in writing the facility would produce "no odor", but there was odor that was life changing to a person's daily plans. WA Rena Arens, LaSalle resident, stated she farms 1.5 miles away, downwind from the facility. She read a letter of opposition (Exhibit C), mentioned the odor will not reach the dairies where the owners live, and she would like owners to install equipment, prior to operation, to prove they will operate the facility the way it is intended. • Sharon Welch, surrounding property owner, stated she lives on a hill that overlooks the plant and owns a flag, indicating which way the wind was blowing. She discussed the impact the odor had on her life, iterated the facility is experimental and claimed Weld County did not hold Heartland accountable for how they operated the facility. In response to Chair Moreno, Ms. Welch indicated she had met with the applicant and had a good conversation, but that the facility was/is not set up to run properly, regardless of Heartland's mismanagement of it. She relayed she has lived by a dairy or feedlot her whole life and has never made a complaint prior to the PRB facility. El Rich Werner, Upstate Colorado Economic Development, stated he was very excited for the initial project, as it was a renewable energy project in an agricultural county, and is in support of reinstating the USR. Chair Moreno clarified the USR permit was suspended, not revoked. ▪ Chair Moreno recessed the hearing for a five (5) minute break. In Chair Moreno reconvened the hearing. Mr. Naylor reiterated several points from his initial presentation and in response to Pro-Tem James, he explained Manure Management Practices, how the facility operates, noted PRB is reviewing and updating equipment, as necessary, and relayed PRB will hire a company to manage and run the facility. He confirmed for Commissioner Saine the gases produced at the facility are the same as what are produced at a dairy lagoon, and explained the digestor helps facilitate and speed up the digestion process, but does not produce more odor. He mentioned the old H2S Scrubbers are being replaced with, new, high-tech scrubbers that will perform better in cold weather. 2021-3502 PL2072 HEARING CERTIFICATION -PLATTE RIVER BIOGAS, LLC (MUSR14-0030) PAGE4 Pro -Tern James affirmed PRB has to operate the facility to show they can meet the DS and avoid complaints. Mr. Frissell stated WCDPHE will conduct an investigation on any odor complaint received and provided a timeline of the facility's operations comparing the number of complaints made when Heartland was a manure -only facility, versus when they started receiving waste grease and solid waste items, confirming there were no complaints logged when it was a manure -only facility. • The Board discussed the following: Violation 1, DS #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); the Board found this Violation has been remedied, as the site no longer accepts solid waste. El Violation 2, DS #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 (CDPHE) in the event of any deviations from, or proposed changes to, the facilities Design and Operations Plan; the Board found an EDOP is no longer required, as the site does not accept solid waste. Dawn Anderson, Department of Planning Services, Development Review, explained an as -built, Final Drainage Plan has not been received. Mr. Naylor agreed to provide such plan prior to operation, and "Prior to construction" was added to the Condition in the Resolution. • Violation 3, DS #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; Mr. Frissell stated PRB will be required to comply with the Compliance Order on Consent (COC) and the Board agreed that the lack of solid waste, updating equipment, and appropriate permitting provides a reasonable plan for odor control at the site. • Violation 4, DS #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; the Board found this Violation to be remedied for the same reasons as Violation 3. • Violation 5, DS #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 Board found this Violation has been remedied due to the site being a manure -only facility. • Violation 6, DS #34 — The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code; the Board found this Violation has been remedied as a CD and EDOP are not required, due to the site being a manure -only facility. • Violation 7, DS #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; the Board found the Violation had been remedied, as a CD is no longer required and a Final Drainage Plan is being required as a COA. 2021-3502 PL2072 HEARING CERTIFICATION - PLATTE RIVER BIOGAS, LLC (MUSR14-0030) PAGE 5 • Violation 8, DS #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 found this Violation remedied by remedying all other Violations. • Chair Moreno reiterated what criteria the Board was considering, and Pro-Tem James stated he expects the WCDPHE to be responsive to complaints, implored PRB to operate the facility the way they say they are going to operate it, and relayed he is in support of these type of facilities. Commissioner Saine stated she would like complaints to be addressed by PRB and in response, Mr. Naylor indicated that is the intent of owners. Commissioner Freeman asserted the facility will be operated differently than before, expressed the importance for agriculture in Weld County and relayed he had full confidence it will be successful. Commissioner Buck indicated she is sensitive to surrounding property owner comments and the County will be on high alert regarding the facility. • Pro -Tern James moved to lift the suspension of and reinstate 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, held by Platte River Biogas, LLC, based on the findings presented by staff. The motion was seconded by Commissioner Freeman, and it carried unanimously. There being no further discussion, the hearing was completed at 11:56 a.m. This Certification was approved on the 26th day of January, 2022. 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