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Home My WebLink About20190431.tiffRESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC18-0023 CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1285 -A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on the 28th day of January, 2019, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not A-1 Organics, Rattler Ridge Organic Recycling Facility, 16350 County Road 76., Eaton, Colorado 80615, was in compliance with certain Conditions of Approval and Development Standards contained in Use by Special Review Permit,USR-1285 for a Solid Waste Disposal Site and Composting Facility in the A (Agricultural) Zone District, and WHEREAS, the alleged violations were said to be occurring on property described as part of Section 36, Township 3 North, Range 64 West of the 6th P.M., Weld County, Colorado, and WHEREAS, based upon a letter from Jace Driver, Solid Waste Permitting Unit, Solid Waste and Materials Management Program, Hazardous Materials Waste Management Division of the Colorado Department of Public Health and Environment, dated January 24, 2019, a copy of which was submitted into the record, the Departments of Planning Services and Public Health and Environment have requested that the Probable Cause case before the Board be dismissed without prejudice. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Probable Cause case before the Board regarding the above -described property be, and hereby is, dismissed without prejudice. �c'PL(MF I�TP), O.PPL /aPPL REP oafa7/l q 2019-0431 PL1443 RE: DISMISS PROBABLE CAUSE HEARING, PCSC18-0023, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1285 - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of January, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: da) (,s Weld County Clerk to the Board BY: Deputy Cle k to the Board APPli AS TO -F ounty A ttorney Steve Moreno Date of signature: 2-12-19 arbara Kirkmeyer, chair Mike Freeman, P -Tem P. Conway c 2019-0431 PL1443 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: mhall@co.weld.co.us Phone: (970) 400-3528 Fax: (970) 304-6498 To: From: Subject: Owner: WJW Properties, LLC c/o A-1 Organics c/o Bob Yost and Chris Skelton 16350 County Road 76, Eaton, CO 80615 Legal Description: Being a part of Section 36, Township 3 North, Range 64 West of the 6th P.M., County of Weld, CO PROBABLE CAUSE MEMORANDUM PCSC18-0023 Weld County Board of County Commissioners Hearing Date: January 28, 2019 Michael Hall, Department of Planning Services A-1 Organics, Rattler Ridge Organic Recycling Facility — Groundwater Contamination Location: North of and adjacent to County Road 59; west of and adjacent to County Road 61 Parcel Size: +/- 440 acres Parcel Number: 1215-36-0-00-001 Zone District: A (Agricultural) Pursuant to Chapter 2, Article IV, Section 2-4-40 and Chapter 23, Article II, Division 4, Section 23-2-270 of the Weld County Code, a Probable Cause public hearing is requested before the Board of County Commissioners. The A-1 Organics, Rattler Ridge Organic Recycling Facility, located at 12002 County Road 59, may not be in compliance with USR-1285 for a solid waste disposal site (composting facility). The following review provides background to the issue. A-1 Organics was notified of the Probable Cause hearing in letter dated January 16, 2019. November 28, 2018 The Colorado Department of Public Health and Environment (CDPHE) sent a letter to A-1 Organics, Weld County Department of Public Health and Environment (WCDPHE) and Stewart Environmental Consulting Group, LLC. The letter addresses the Facility's 2017 Annual Groundwater Monitoring Report (dated July 10, 2018) and discusses the four (4) quarterly Groundwater Monitoring Reports that have been submitted to the CDPHE Hazardous Materials and Waste Management Division (HMWMD). The Groundwater Monitoring Reports focus on water quality sampling that is being conducted to develop statistical background for the Facility's approved Groundwater Monitoring Program. After CDPHE review of these Reports, the CDPHE determined that the Facility's activity is impacting groundwater. The letter provides a summary of the data collected by four (4) monitoring wells and two (2) piezometers. In general, the upgradient wells have significantly lower levels of nitrate than the downgradient wells where nitrate is present in 10 to 20 times higher amounts after groundwater has passed underneath the Facility. Additionally, several metals have been detected in downgradient wells. The letter then requests the Facility to immediately enter into Assessment Monitoring as dictated by Appendix B5 of the State Solid Waste Regulations. The CDPHE is waiting to receive eight (8) quarterly Groundwater Monitoring Reports at which time the Facility will submit a Statistical Analysis Plan to the HMWMD for review and for direction on possible corrective measures. December 5, 2018 The Weld County Department of Public Health and Environment (WCDPHE) sent a letter to A-1 Organics. This letter acknowledges that the County received the CDPHE letter and requests that A-1 provide a formal response to the CDPHE letter including any clarifying information and to detail any action that has been taken or will be taken by A-1 Organics. A-1 was given 10 days to respond to the WCDPHE letter. PCSC18-0023 Memo I A-1 Organics Page 1 t c 7'/9 3( December 12, 2018 A-1 Organics responded to the WCPHE letter and states they are intending to enter into assessment monitoring in the next quarterly sampling event and will modify the shallow upgradient groundwater well monitoring procedures. A-1 states that the existing data is not suitable for assessment at this time because no background concentrations have been established for any of the monitoring wells and mentions the strength of the wells monitoring results, based on the varying depth of the wells. A-1 plans on submitting a 2018 Annual Groundwater Monitoring Report. December 20, 2018 Senn Visciano Canges (SVC), the firm that represents Guttersen Ranches, LLC submitted a letter to the Weld County Planning Department, among other recipients. This letter acknowledges the November 28, CPDHE letter and asserts that groundwater contamination from the A-1 Facility, impacts the Guttersen Ranch. The letter also calls on the State to take immediate action on the Facility and issue a Cease and Desist Order. The SVC letter submitted an attachment, being the Stewart Environmental Group, LLC Groundwater Investigation Summary Report. This Report indicates that the A-1 Facility is in violation of the State of Colorado Ground Water Quality Standards due to the presence of nitrates and metals in the groundwater and is contaminating the groundwater past the property boundary. Violation The Facility's 2017 Annual Groundwater Monitoring Report (dated July 10, 2018) and the CDPHE's letter (dated November 28, 2018), state there is evidence to believe the facility is in violation of Section 2.1.4 and 2.1.15 of the Regulations pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2). These sections state: "Water pollution shall not occur at or beyond the point of compliance" and "Solid waste disposal sites and facilities shall comply with ground water protection standards at the relevant point of compliance as defined in Section 1.2 and the owner/operator shall make a demonstration of compliance" respectively. However, the CDPHE submitted a letter, dated January 24, 2019, which states that A-1 Organics requested to explore an alternate source demonstration via email to the CDPHE on January 18, 2019. In accordance with Appendix B4 (C)(3) of the Regulations, a facility has 90 days to demonstrate that a source other than the facility has caused the contamination, an error in sampling or evaluation has occurred or that there is a natural variation in groundwater quality. The CDPHE Hazardous Materials and Waste Management Division supports this request and grants the Facility 90 days until April 24th, 2019 in order for A-1 Organics to provide an alternate source demonstration of groundwater contamination or enter into assessment monitoring. The State additionally requires the Facility to complete 2nd quarter of 2019 groundwater monitoring event by April 30th, 2019. County staff recommends that the probable cause be dismissed because the State supports alternate source demonstration and additional quarterly monitoring and that this data is necessary for the State to make a violation determination. After April 30th, if the CDPHE determines there is a violation, this documentation would be the evidence by which County staff would schedule another probable cause hearing to review compliance with USR-1285. Per Section 2-4-40.D of the Weld County Code, "At the conclusion of the presentation of evidence, the Board of County Commissioners shall make an oral decision. The decision shall be to either dismiss the case, continue the case to a time specified in the future or to set the case for a formal show -cause or other type hearing at a time specified in the future." Regards Michael Hall, Planner II January 25, 2019 PCSC18-0023 Memo I A-1 Organics Page 2 1/25/2019 • CASE NUMBER: PCSC18-0023 • OWNER: WJW PROPERTIES LLC • OPERATOR: A-1 ORGANICS • FACILITY: RATTLER RIDGE ORGANIC RECYCLING FACILITY • COMPLAINT: GROUNDWATER CONTAMINATION • LEGAL DESCRIPTION: PART OF SECTION 36, T3N, R64W OF THE 6TH P.M., WELD COUNTY, CO • LOCATION: EAST OF AND ADJACENT TO COUNTY ROAD 59 SECTION LINE ROW, NORTH AND SOUTH OF COUNTY ROAD 59; WEST OF AND ADJACENT TO COUNTY ROAD 61 SECTION LINE ROW USRs IMP -1166- 1 u I N i uSR 966 LANDFILL r SUP 186AM COAL M OE & ASH DISPOSAL PITS USA. fox COAL WC & OLAST E OtSPOSA: MAC USR 987 aisGAS COUCTIOM FACLIT� 1 1 .9LPA39 SECT SUBSTATION if15KV USA lay I I i i i 1 I 1 I I I USR•959 COMPRESSOR STATICIN NATURAL GAS t - 1 1/25/2019 2 1/25/2019 History Timeline 11/01/2000: 07/30/2001: 2001 -current: June 2017: Sept 2017: June 2018: 07/10/2018: 11/28/2018: 12/5/2018: 12/12/2018: 12/20/2018: 1/16/2019: 1/18/2019: 1/24/2019: USR-1285 approved by BOCC USR-1285 recorded, reception # 2869949 Using approved 2000 EDOP. A-1 submitted a groundwater monitoring plan to CDPHE requiring 8 Qrt of sampling to determine background CDPHE approved GWMP. Stewart Environmental expressed concern with GW. But No confirmation from A-1 sampling A-1 Organics Annual groundwater monitoring report CDPHE groundwater monitoring report results letter WCDPHE status letter to A-1 Organics A-1 Organics response letter and plan SVC letter and Stewart Environmental report Probable Cause letter sent to violator- certified mail A-1 requests ability to explore alternative sources CDPHE issued a supplemental letter allowing additional time to determine source. History Details ■ The approved GWMP required background sampling, consisting of 8 Qrts of data, in order to perform a valid statistical analysis. ■ An annual report was provided to the CDPHE and WCDPHE in July 2018 per approved GWMP. It appeared there were elevated levels of Nitrates. ■ CDPHE issued Nov 2018 letter with requirements to enter into assessment monitoring. ■ December 5, 2018 WCDPHE issued a letter to A-1 requesting information on how the were dealing with claims made by the CDPHE. ■ On December 14, 2018 A-1 provided response indicating they would comply with the items outlined in the CDPHE letter, but with some dismissal of the claims. ■ On December 20 of 2018 WCDPHE was provided a letter and environmental report by SVC and Stewart Environmental showing potential offsite impacts to groundwater. ■ On January 24, 2019 the CDPHE issued a supplemental letter allowing A-1 to demonstrate an alternative source contributing to the contamination. Allowing 90 days to demonstrate an alternative source or enter into assessment monitoring. 3 1/25/2019 Current Situation ■ The facility has 90 days to provide evidence that an alternative source exists. April 24, 2019. ■ Based on sampling results, the CDPHE will accept the alternative source or deny it. If denied, the facility will be required to enter into assessment monitoring described in the November 28, 2018 CDPHE letter. Potential Probable Cause courses of action: ■ Dismissal (no probable cause found) ■ Continue Probable Cause to later hearing date, recommend April - July 2019 ■ Schedule for Show Cause hearing, recommend July 2019 ■ Both dependent on any new information 4 1/25/2019 Questions ? ■ Mr. Jace Driver from the CDPHE is available to answer clarifying questions concerning the CDPHE Nov, 2018 letter, assessment monitoring or the next stages in gaining compliance. 5 EXHIBIT INVENTORY CONTROL SHEET Case PCSC18-0023 - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY Exhibit Submitted By Description Rebecca Almon, Attorney A. representative Motion to Vacate Probable Cause Hearing B. C. D. E. F. G. H. I . J. K. L. M. N. O. P. Q. R. S. T. U. V. W. 2019-** BEFORE THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY STATE OF COLORADO RE: PROBABLE CAUSE HEARING, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1285 - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLYING FACILITY Attorneys for Lambland, Inc. dba A-1 Organics, Inc.: K.C. Groves, #20832 Rebecca Almon, #36788 IRELAND STAPLETON PRYOR & PASCOE, PC 717 17th Street, Suite 2800 Denver, Colorado 80202 Telephone: (303) 623-2700 E-mail: kcgroves@irelandstapleton.com Regina T. Drexler, #20782 DREXLER LAW, LLC 1435 Larimer Street, Suite 207 Denver, Colorado 80202 Telephone: (303) 222-4254 E-mail: rdrexler@drexleriplaw.com MOTION TO VACATE JANUARY 28, 2019 PROBABLE CAUSE HEARING AND TO WITHDRAW NOTICE OF SAME Lambland, Inc. d/b/a A-1 Organics, Inc. ("Al Organics"), by and through its undersigned counsel, respectfully moves the Board of County Commissioners of Weld County, Colorado, to vacate the January 28, 2019 Probable Cause Hearing and to withdraw its notice of the same dated January 16, 2019. In support thereof, A 1 Organics states: Al Organics received a Notice of Probable Cause Hearing from the Weld County Department of Planning Services ("Planning Department") dated January 16, 2019 ("Notice"), for 1 2980950.1 purported non-compliance with USR-1285 at its Rattler Ridge Organic Recycling Facility (the "Facility"). The Notice set a Probable Cause Hearing for January 28, 2019. Notice of Probable Cause Hearing In the Notice, the Planning Department indicated that the purpose of the Probable Cause Hearing was to review Al Organics' compliance with Development Standards and Conditions of Approval related to USR-1285, specifically Development Standards #4 and #6. a. Standard #4 requires that the Facility "comply with the health laws, standards, rules and regulations of Colorado Department of Health and Environment, the Water Quality Control Commission, the Air Pollution Control Division, and the local law and ordinances." b. Standard #6 requires that the Facility "comply with the Regulations pertaining to Solid Waste Disposal Sites and Facilities under the Solid Waste Act." In the Notice, the Planning Department advised that there is probable cause to believe the Facility is in violation of regulatory standards related to (i) water pollution beyond the point of compliance; and (ii) ground water protection standards at the relevant point of compliance. As set forth in the Notice, Weld County substantiated the alleged groundwater contamination based on "evidence," consisting only of (i) the Facility's 2017 Annual Groundwater Monitoring Report dated July 10, 2018; and (ii) the CDPHE's letter of November 28, 2018. The Notice also referenced a letter on which the Planning Department was copied, from legal counsel for Art Guttersen and Guttersen Ranches, LLC, dated December 20, 2018 (the "Guttersen Letter"), which included a "Summary Report" prepared by Mr. Guttersen's consultant, Dave Stewart, purporting to indicate groundwater contamination. The Guttersen Letter appears to have been the impetus for issuance of the Notice despite the fact that (i) the letter is not directed 2 2980950.1 to Weld County, and (ii) the Planning Department has repeatedly advised that it would defer to CDPHE regarding groundwater compliance issues for the Facility given the Planning Department's lack of expertise. Immediately after receipt of the Notice, Al Organics made a telephone request through its counsel to Weld County Attorneys Bruce Barker and Frank Haug to reschedule the Probable Cause Hearing given that material witnesses for Al Organics had travel plans to attend an out-of-state conference on the scheduled date. Weld County Attorneys seemed amenable to the request but suggested that Al Organics direct the request in writing to Weld County Planner Michael Hall. Al Organics thereafter made a written request to Mr. Hall on January 17, 2019, advising as to the unavailability of witnesses and requesting sufficient time to resolve groundwater well monitoring matters with CDPHE, in order to prepare a defense. In response, Mr. Haug advised that the hearing would go forward as scheduled on January 28, 2019 but that A 1 Organics would be able to request a postponement at the hearing itself. Mr. Haug advised, however, that the request would be decided in the discretion of the Commission. Through counsel, Al Organics immediately made a request via email that Weld County reconsider its position given that the scheduled hearing date did not permit sufficient time to prepare a defense and given the unavailability of witnesses. Al Organics received no response to the request for reconsideration. Thereafter, on January 24, 2019, CDPHE sent a revised letter to Al Organics concerning the groundwater issue, explicitly providing that it superseded the requirements set forth in CDPHE's November 28, 2018 letter. See Exhibit 1, CDPHE letter from Mr. Jace Driver to Al Organics dated January 24, 2019. The letter further provides: "After consideration, the Division believes that the Rattler Ridge Organic Recycling Facility should be given the opportunity to explore whether or not an alternate source exists." 3 2980950.1 The January 24th letter granted Al Organics ninety (90) days, through April 24, 2019, to demonstrate alternate source for groundwater contaminants, or alternatively to begin assessment monitoring, and required completion of 2nd quarter groundwater sampling by April 30, 2019. Further, Appendix B4 (C)(3) of the CO Solid Waste Regulations, 6 CCR 1007-2, Part 1, cited by CDPHE in the January 24th letter, states that during this ninety (90) day period, A-1 Organics may also demonstrate that there was an error in sampling, analysis, or statistical evaluation, or that there may be a natural variation in groundwater quality, either of which may explain the alleged groundwater issues raised in CDPHE's November 28, 2018 letter. As CDPHE recognized, the existing data does not provide sufficient information to determine groundwater compliance by the Facility and due process requires that Al Organics be provided a sufficient opportunity to investigate and determine groundwater quality in the Facility wells and the apparent source of any increase over background groundwater quality levels. On January 24, 2019, members of the management team of Al Organics met with the Planning Department to discuss the new CDPHE letter. At that meeting, A 1 Organics expressed its intentions to comply with the CDPHE requirements within the requisite timeframes to assess the potential source and address any non-compliance issues. On January 24, 2019, Al Organics also forwarded a copy of CDPHE's January 24th letter to Mr. Haug, explaining that, given the January 24th letter from CDPHE, there was not sufficient evidence to meet the standard required for issuance of a notice of probable cause under WCC 2-4-40. A 1 Organics also made clear to Mr. Haug that it was committed to working with Weld County to resolve any non-compliance issue in the event evidence of violation is discovered, to avoid a Probable Cause Hearing altogether Weld County Code Relevant to the Notice issued to Al Organics, WCC 2-4-40(B)(1) provides, 4 2980950.1 "Upon receipt of a complaint alleging violations of the Weld County Code for which the applicable department has an obligation to enforce, the department shall investigate to determine if evidence exists to support the allegations. If evidence exists to support the alleged violations, the department may coordinate with the person against whom the complaint is made to correct the violations in an expeditious manner. If the person is unwilling or unable to correct the violations within a reasonable amount of time, a probable cause hearing shall be scheduled and notice shall be provided to the person against whom the complaint is made." This section requires: (1) There must be a complaint made alleging violations of the Weld County Code. Despite this requirement, based on a review of Weld County's file, there appears to be no complaint that was made to Weld County alleging a violation of the Code. Although the Guttersen Letter seems to have been the impetus for issuance of the Notice (as the most recent relevant communication), it was not directed to Weld County and did not allege a violation of the Code. In fact, the Guttersen Letter specifically states, "Weld County has essentially indicated that all ground water quality issues be addressed by CDPHE." This is consistent with the representations also made by the Planning Department to Al Organics. Al Organics objects to acceptance of a copy of the Guttersen Letter, directed to CDPHE, as a complaint made to Weld County of a violation as required by the Code.' As this Commission is aware, Mr. Guttersen has filed repeated complaints involving debris, which Al Organics successfully mitigated, as determined by this Commission in November 2018. Mr. Guttersen has also repeatedly complained about odor from the Facility to Al Organics. However, no odor violation has ever been detected. Moreover, on one recent occasion, Mr. Guttersen contacted Al Organics to complain about an odor coming from the Facility which he reported was so pungent that it caused one of his employees to "fall to the ground." This complaint was meritless, and Mr. Guttersen's veracity was substantially undermined, given that, on the very same afternoon, Al Organics was in the process of leading a 20 -person tour of the Facility by the Colorado Solid and Hazardous Waste Commission, none of whom fell over or were incapacitated by odor (despite being on the grounds of the Facility itself). See Exhibit 2, photograph of tour group, taken the same afternoon as Mr. Guttersen's complaint. Now, again, without sufficient or reliable evidence, Mr. Guttersen attempts to drag Al Organics into multiple state and county proceedings related to groundwater contamination, despite the fact that CDPHE was already working with AI Organics to assess any potential groundwater compliance issue. Mr. Guttersen has even gone so far as to instruct his consultants to trespass on the Facility property to install groundwater testing wells without authorization, consent or notice. In response, Al Organics remained amenable to working with Mr. Guttersen to address any concerns and even offered to share well testing data from the unlawfully installed 5 2980950.1 (a) The Department of Planning Services must conduct an investigation to determine whether evidence exists to support the allegations of the complaint. Here, there is no evidence in the file that an investigation was conducted by the Planning Department, nor is A 1 Organics aware of any such investigation. Further, the Notice is clear that it was issued based on "evidence" consisting of CDPHE's November 28, 2018 letter. Because that letter is now superseded by CDPHE's letter of January 24, 2019, there is no evidence, and thus no reasonable ground for belief, that the Facility is non -compliant. Given this lack of evidence, it is not possible for Weld County to satisfy its burden of proof by a preponderance of evidence, i.e., it cannot establish that there is probable cause to believe the Facility is non -compliant, as required by WCC 2-4-50(J). Thus, the Probable Cause Hearing is properly vacated and the Notice withdrawn. Also, in preparation for the Probable Cause Hearing, A-1 Organics engaged a qualified groundwater engineer, Bruce A. Lytle, President of Lytle Water Solutions, LLC, to evaluate the existing groundwater data, regional aquifer, and available geologic logs. Mr. Lytle asserts that background groundwater concentrations in the immediate Facility area have not been established, thus making it impossible to determine whether there is probable cause to determine compliance with the Development Standards and Conditions of Approval related to USR-1285. Specifically, the existing groundwater sampling data is insufficient in that may not be representative of either background or downgradient reported concentrations. See Declaration of Bruce A. Lytle, attached hereto as Exhibit 4. Consistent with CDPHE's suggestion, Mr. Lytle's professional opinion is that wells. See Exhibit 3, letter from Al Organics' counsel to Guttersen's counsel proposing a well sharing agreement. Mr. Guttersen failed to respond to this overture or to make any other proposal to assess groundwater issues in a cooperative fashion. 6 2980950.1 further data must be collected at the Facility and analyzed before one can determine probable cause for any groundwater quality violation. Mr. Lytle also reviewed the "Summary Report" prepared by Mr. Guttersen's consultant, Dave Stewart, purporting to indicate groundwater contamination. Mr. Lytle describes the conclusions in the Summary Report as unfounded based upon the unprecedented lack of data provided to support those conclusions. Specifically, as set forth in Mr. Lytle's Declaration, the report does not provide the type of evidentiary data critical to evaluating groundwater quality, such as: geologic logs of the well boreholes installed; well completion logs; surveyed well elevation data; or water quality monitoring procedures. In fact, Mr. Lytle concludes that without this data there is no way to even determine if the A-1 Organics wells are indeed hydraulically connected to the groundwater zone being evaluated. Again, as CDPHE states, additional groundwater data and investigation of possible alternate sources for potential groundwater impact must be evaluated before it can assess groundwater quality compliance issues at the Facility. (b) The Department must coordinate with the non -compliant party to correct the violations in an expeditious manner, and only where the non -compliant party is unwilling or unable to correct the violations within a reasonable amount of time, may it schedule a probable cause hearing. Here, even if (i) a complaint had been filed with Weld County alleging violations by the Facility, (ii) the Planning Department had thereafter undertaken an investigation of the allegations in the complaint, and (iii) there were reasonable grounds to believe that the Facility was non -complaint based on sufficient evidence, the Planning Department would nonetheless be required to coordinate with Al Organics in an effort to correct the violations. Only if Al Organics was unwilling or unable to correct violations within a reasonable period of time would a probable cause hearing be appropriate under the Code. As Al Organics has repeatedly made 7 2980950.1 clear to Weld County, both to the Planning Department and to Mr. Haug, Al is committed to working with the County to address and correct any established non-compliance issue. Conclusion Given that there has been no complaint filed with Weld County alleging a violation, there has been no investigation by the Planning Department, there is no evidence of non-compliance, particularly considering CDPHE's January 24th letter, and Al Organics has been and remains willing to work with Weld County to address any established violations, the Notice was improperly issued. Thus, the Notice is properly withdrawn and the Probable Cause Hearing vacated. Respectfully submitted this 27 th day of January, 2018. IRELAND STAPLETON PRYOR & PASCOE, PC By: S/ K.C. Groves K.C. Groves, #20832 Rebecca Almon, #36778 DREXLER LAW, LLC By: S/ Regina T Drexler Regina T. Drexler, #20782 ATTORNEYS FOR LAMBLAND, INC. d/b/a A-1 ORGANICS 8 2980950.1 CERTIFICATE OF SERVICE I hereby certify that on this 27th day of January 2019, a true and correct copy of the foregoing MOTION TO VACATE JANUARY 28, 2019 PROBABLE CAUSE HEARING AND TO WITHDRAW NOTICE OF SAME was served via email on the following: Board of County Commissioners Weld County, Colorado do Esther Gesick, Clerk to the Board Email: egesick@weldgov.com Weld County Attorney Frank Haug, Esq. Email: fhaug@weldgov.com Jonathan H. Steeler, Esq. Email: jsteeler@sennlaw.com /S Rebecca Almon Rebecca Almon 9 2980950.1 Exhibit 1 COLORADO Department of Public Health & Environment Dedicated to protecting and improving the health and environment of the people of Colorado VIA ELECTRONIC MAIL chrisskelton@a1organics.com January 24, 2019 Chris Skelton Al Organics 16350 WCR 76 Eaton, CO 80615 Re: Supplement to the Division's November 28, 2018 Letter Rattler Ridge Organic Recycling Facility SW/WLD/RRF 4.3 Dear Mr. Skelton, On November 28, 2018, the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (Division) sent a letter to representatives of the Rattler Ridge Organic Recycling Facility (Facility) located at 12002 Weld County Rd 59, Keenesburg, Colorado 80643. This letter required that the Facility begin assessment monitoring within ninety (90) days of the date of the letter, in accordance with Appendix B5 of the Solid Waste Regulations, 6 CCR 1007-2, Part 1 (Regulations). This determination was based on groundwater monitoring results received as of the date of that letter. On January 18, 2019, the Division received an email from Bob Yost of Al Organics that expressed a desire to explore an alternate source demonstration for the Facility. In accordance with Appendix B4 (C)(3) of the Regulations, a facility has ninety (90) days from the date of a statistically significant increase over background to demonstrate that a source other than the facility has caused the contamination, that an error in sampling or evaluation has occurred, or that there is natural variation in groundwater quality. After consideration, the Division believes that the Rattler Ridge Organic Recycling Facility should be given the opportunity to explore whether or not an alternate source exists. The Division hereby grants, with one condition, the Facility ninety (90) days from the date of this letter to provide an alternate source demonstration, or to begin assessment monitoring in accordance with the requirements of the Division's November 28, 2018 letter. Ninety days from the date of this letter is April 24, 2019. Please be advised that this deadline supersedes the deadline imposed in the Division's November 28, 2018 letter. The condition of this extension is as follows: • The Facility must complete the sampling for the 2nd quarter groundwater monitoring event by April 30, 2019. Given that timing for the 2"d quarter sampling event, the 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692.2000 www.colorado.gov/cdphe I Jared S. Polls, Governor I Karin McGowan, Interim Executive Director Chris Skelton Rattler Ridge Organic Recycling Facility Supplement to the Division's November 28, 2O18 Letter January 24, 2O19 Page 2 Facility must complete the 1 t quarter groundwater sampling early enough in the 1St quarter to yield a sampling interval between the 1st and 2nd quarter samples that ensures statistically independent samples are obtained. Should you have any questions addressing the determinations herein please contact Jace Driver at (303) 691-4059 or by email at Jace.Driver@stateaco.us. Sincerely, Jace Driver Solid Waste Permitting Unit Solid Waste and Materials Management Program Hazardous Materials Waste Management Division et: Bob Yost Ben Frissell Doug I kenberry Ed Smith David Banas Jerry Henderson Solid Waste Permitting Unit Leader Solid Waste and Materials Management Program Hazardous Materials Waste Management Division Al Organics WCDPHE HMWMD HMWMD AGO 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 3O3-692-2400 www.colorado.gov/cdphe Jared S. Polls, Governor 1 Karin McGowan, Interim Executive Director Exhibit 2 Exhibit 3 ?T::H:DREXLER }L A W ± i i3 `3 ESC L NA T. 1LY REX L E . ESQ. 303.222.4254 (DiREcT) RDREXLER@DREXLERIPLAW.COM .COM November 27, 2018 VIA EMAIL Stewart McNab, Esq. Carver Schwarz McNab Kamper & Forbes, LLC 1888 Sherman Street, Suite 400 Denver, CO 80203 Lance Astrella, Esq. Astrella Law, P.C. 1801 Broadway, Suite 1600 Denver, Colorado 80202 Re: Gutterson Ranches, LLC Dear Stewart and Lance: I write to advise you that your clients, Gutterson Ranches, LLC and Mr. Art Gutterson, have installed a groundwater monitoring well on my client's property without permission. The well was apparently recently installed by Drilling Engineers, Inc., at the direction of your clients and your clients' contractor, Stewart Environmental. It was installed near the fence and property line, on land which Drilling Engineers was led to believe was owned by your clients. The same land was the subject of my letter to Mr. McNab dated August 27, 2018. The installed groundwater well may not have been properly permitted, and a Notice of Intent may not have been filed with the Colorado Division of Water Resources as may have been required. If we are mistaken, please provide information as to permitting and notice. Drilling Engineers has advised that the boring and well logs are presently in the possession of, and accessible only by, your clients. Although my client must reserve the right to seal and abandon or otherwise remove the well and terminate all access rights in its discretion, my client is presently willing to allow the well and your clients' reasonable access to it, provided that (i) your clients remain responsible for and indemnify against all well permitting and compliance issues, (ii) the well is accessible to both LARIMER SQUARE/1435 LARIIMER STREET / SUw 207 / DENVER, COLORADO 80202 Stewart McNab, Esq. Lance Astrella, Esq. Page 2 of 2 parties through a shared lock, (iii) my client be provided all log information to date and equal access to the same going forward, and (iv) your client assumes responsibility for the cost of sealing and abandoning the well. Please advise if your clients are willing to agree to the above terms. If so, I will prepare a draft of a shared well agreement for your review. Respectfully yours, Regina T. Drexler cc: Mr. Travis Bahnsen Exhibit 4 BEFORE THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY STATE OF COLORADO RE: PROBABLE CAUSE HEARING, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1285 - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLYING FACILITY DECLARATION OF BRUCE A. LYTLE I, BRUCE A. LYTLE, declare: 1. I am a registered professional engineer in Colorado since 1981 and President of Lytle Water Solutions, LLC. I have been retained by A-1 Organics, Inc. ("A-1 Organics"). 2. I have reviewed and evaluated the existing groundwater data, regional aquifer, and available geologic logs related to A-1 Organics' Rattler Ridge Organic Recycling Facility ("Facility"). 3. The background groundwater concentrations in the immediate Facility area have not been established, thus making it impossible to determine whether there is probable cause to determine compliance with the Development Standards and Conditions of Approval related to USR-1285. 4. I have reviewed the January 24, 2019 and November 28, 2018 letters sent to the Facility by CDPHE. 5. Pursuant to the Colorado Solid Waste Regulations, 6 CCR 1007-2, Part 1, Appendix B4 (C)(3), A-1 Organics may, during the ninety day period granted by CDPHE in its January 24, 2019 letter, attempt to demonstrate that: (a) there may be an alternate source of contamination in the groundwater at the Facility; (b) there was an error in sampling, analysis, or statistical evaluation of the existing Facility data; or (c) there may be a natural variation in groundwater quality, either one of which may explain the alleged groundwater issues raised in CDPHE's November 28, 2018 letter. 6. The existing Facility groundwater data does not provide sufficient information to determine groundwater compliance by the Facility, as A-1 Organics has not been given sufficient opportunity to investigate and determine groundwater quality in the Facility wells or identify the apparent source of any potential increase over background groundwater quality levels. The existing groundwater sampling data is insufficient in that it may not be representative of either background or downgradient reported concentrations. Further analysis and data must be collected at the Facility before one can determine probable cause for any groundwater quality violation. 1 2980974.1 7. I reviewed the "Surrunary Report" prepared by Mr. Guttersen's consultant, Dave Stewart, purporting to indicate groundwater contamination. Its conclusions are unfounded based upon the unprecedented lack of data provided to support the Summary Report's conclusions. Specifically, the report does not provide the type of evidentiary data critical to evaluating groundwater quality, such as: geologic logs of the well boreholes installed; well completion logs; surveyed well elevation data; or water quality monitoring procedures. 8 o Absent additional groundwater data there is no way to determine if the Facility's wells completed in a local perched zone, are indeed hydraulically connected to a regional water- b►earing aquifer utilized for beneficial purposes. Additional groundwater data and investigation of possible alternate sources for potential groundwater impact must be evaluated before one can assess groundwater quality compliance issues at the Facility. I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct and that this Declaration is executed January 27, 2019, at Denver, Colorado. Executed this Declaration on January 27, 2019, at Denver, Colorado. 2980974.1 2 id/ Bruce A. Lytle, Declar REGINA T REx L E o ESQ. January 17, 2019 VIA EMAIL Mr. Michael Hall Department of Planning Services Weld County 1555 N. 17t1' Avenue Greeley, Colorado 80631 RE: Case No. PCSC18-0023 Dear Mr. Hall: 303.222.4254 (DIRECT) RDREXLER@DREXLERIPLAW.COM As you may know, this firm and Ireland Stapleton Pryor & Pascoe, PC represent Lambland, Inc. dba Al Organics. We are in receipt of your letter to Al Organics dated January 16, 2019, related to its Rattler Ridge facility and advising of a Probable Cause Hearing scheduled for Monday, January 28, 2019 concerning groundwater issues. Please note that the principals for my client will be out of town on that date. Also, I have spoken to both Bruce Barker and Frank Haug of the Weld County Attorney's Office regarding my client's need for additional time to prepare for the scheduled hearing, and both Mr. Barker and Mr. Haug suggested that I reach out to you directly regarding rescheduling it. As I discussed with Mr. Haug this morning, we are requesting at least a 60 -day extension of the scheduled hearing date to allow adequate preparation time. Given travel schedules related to spring break in mid -March, we propose an alternate hearing date of April 1, 2019 or thereafter. This requested extension will allow sufficient time for preparation and will also allow time to resolve any groundwater well monitoring matters with CDPHF,. As my client was previously advised by Mr. Ben Frissell of WCDPHE in November, 2018, given Weld County's lack of expertise on the relevant issues, Weld County plans to defer to CDPHE on matters involving groundwater. My client believes the additional requested time may assist in resolving the issue to the satisfaction of both CDPHI-4, and Weld County in advance of earing. 2019-0431 HALE LAW, LLC LA.,,M ER SQUARE/1435 LARIIMER S'T'REET / SUITE 207 / DENVER, COLORADO 80202 Mr. Michael Hall Page 2 of 2 Please advise at your earliest convenience as to our rescheduling request. Thank you for your assistance with this matter. Respectfully yours, Regina T. Drexler cc: Mr. Travis Bahnsen Frank Haug, Esq. Esther Gesick From: Sent: To: Subject: Please put this in the file. Thanks. Frank Haug Friday, January 18, 2019 2:09 PM Michael Hall; Kristine Ranslem; Esther Gesick FW: Probable Cause Hearing PCSC18-0023 From: Regina Drexler <rdrexler@drexleriplaw.com> Sent: Friday, January 18, 2019 12:24 PM To: Frank Haug <fhaug@weldgov.com> Cc: K.C. Groves<kcgroves@irelandstapleton.com>; Rebecca L. Almon <RAlmon@irelandstapleton.com>; Travis Bahnsen <TravisBahnsen@alorganics.com>; Bob Yost <BobYost@alorganics.com> Subject: Re: Probable Cause Hearing PCSC18-0023 a: 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. Frank: My client representatives will be speaking at an out of state conference, so they are simply not available to appear at the scheduled hearing on January 28th. During our telephone conversation yesterday, as well as my conversation the day prior with Mr. Barker, it seemed that the County was amenable to a reasonable extension of time, so it is unclear why there is now resistance to the request. Given my client's travel schedules, there is simply no practical availability for Al Organics to appear on the scheduled date. Further, as explained, it is impossible for Al to prepare an adequate defense to present at the probable cause hearing on that timeframe (in the event that an in -person request for extension is denied). Thus, we respectfully request that the County reconsider its position to permit Al Organics, a long- time operator within the County, a reasonable extension of the hearing date. I look forward to hearing back from you. Thank you. Regina T. Drexler, Esq. Partner, Inteilectual Property & Business Transactions DREXLER LAW, LLC LARIMER SQUARE 1435 LARIMER STREET l SUITE 207 I DENVER, CO 80202 Direct 303.222.4254 l Cell 303.324.6019 l rdrexler@drexlerinlaw.com WWW.DREXLERIPLAW.COM W.DREXLERIPLAW.COM CONFIDENTIALITY NOTICE: This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please let me know by replying to and then deleting this message. Thank you. On Jan 18, 2019, at 11:01 AM, Frank Haug <fhaug@weldgov.com>wrote: Please see the attached response, let me know if you'd like to discuss it further. From: Regina Drexler <rdrexler@drexleriplaw.com> Sent: Friday, January 18, 2019 9:09 AM 1 To: Frank Haug <fhaug@weldgov.com> Subject: Re: Probable Cause Hearing PCSC18-0023 Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize ti sender and know the content is safe. Thank you Frank. I look forward to hearing back on the requested extension. Michael acknowledged receipt of my letter yesterday, but we haven't received a response yet. Regina T. Drexler, Esq. Partner, Intellectual Property & Business Transactions DREXLER LAW, LLC LARIMER SQUARE 1435 LARIMER STREET I SUITE 207 I DENVER, CO 80202 Direct 303.222.4254 I Cell 303.324.6019 I rdrexler@drexleriplaw.com WWW.DREXLERIPLAW.COM CONFIDENTIALITY NOTICE: This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please let me know by replying to and then deleting this message. Thank you. On Jan 17, 2019, at 1:18 PM, Frank Haug <fhaug@weldgov.com>wrote: Thanks, I am also going to forward this to Bruce so he is in the loop. From: Regina Drexler <rdrexler@drexleriplaw.com> Sent: Thursday, January 17, 2019 12:57 PM To: Michael Hall <mhall@weldgov.com> Cc: Frank Haug <fhaug@weldgov.com> Subject: Probable Cause Hearing PCSC18-0023 Caaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you re, sender and know the content is safe. Mr. Hall: Please see attached correspondence concerning my client, Al Organics, Inc. Thank you. Regina T. Drexler, Esq. DREXLER LAW, LLC LARIMER SQUARE 1435 LARIMER STREET I SUITE 207 I DENVER, CO 80202 Direct 303.222.4254 I Cell 303.324.6019 I rdrexler©drexleriplaw.com WWW.DREXLERIPLAW.COM CONFIDENTIALITY NOTICE: This electronic mail transmission and any accompanying documents contain information belonging to the se which may be confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error, please let me know by replying to and then deleting this message. Thank you. 2 COLORADO Department of Public Health £t Environment Dedicated to protecting and improving the health and environment of the people of Colorado VIA ELECTRONIC MAIL chrisskelton@a1organics.com January 24, 2019 Chris Skelton Al Organics 16350 WCR 76 Eaton, CO 80615 Re: Supplement to the Division's November 28, 2018 Letter Rattler Ridge Organic Recycling Facility SW/WLD/RRF 4.3 Dear Mr. Skelton, On November 28, 2018, the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (Division) sent a letter to representatives of the Rattler Ridge Organic Recycling Facility (Facility) located at 12002 Weld County Rd 59, Keenesburg, Colorado 80643. This letter required that the Facility begin assessment monitoring within ninety (90) days of the date of the letter, in accordance with Appendix B5 of the Solid Waste Regulations, 6 CCR 1007-2, Part 1 (Regulations). This determination was based on groundwater monitoring results received as of the date of that letter. On January 18, 2019, the Division received an email from Bob Yost of Al Organics that expressed a desire to explore an alternate source demonstration for the Facility. In accordance with Appendix B4 (C)(3) of the Regulations, a facility has ninety (90) days from the date of a statistically significant increase over background to demonstrate that a source other than the facility has caused the contamination, that an error in sampling or evaluation has occurred, or that there is natural variation in groundwater quality. After consideration, the Division believes that the Rattler Ridge Organic Recycling Facility should be given the opportunity to explore whether or not an alternate source exists. The Division hereby grants, with one condition, the Facility ninety (90) days from the date of this letter to provide an alternate source demonstration, or to begin assessment monitoring in accordance with the requirements of the Division's November 28, 2018 letter. Ninety days from the date of this letter is April 24, 2019. Please be advised that this deadline supersedes the deadline imposed in the Division's November 28, 2018 letter. The condition of this extension is as follows: • The Facility must complete the sampling for the rd quarter groundwater monitoring event by April 30, 2019. Given that timing for the 2"d quarter sampling event, the 4300 Cherry Creek Drive S., Denver, Co 80246-1530 P 303.692.2000 www.colorado.gov/cdphe I Jared S. Polls, Governor I Karin McGowan, Interim Executive Director Chris Skelton Rattler Ridge Organic Recycling Facility Supplement to the Division's November 28, 2018 Letter January 24, 2019 Page 2 Facility must complete the 1St quarter groundwater sampling early enough in the 1St quarter to yield a sampling interval between the 1St and 2nd quarter samples that ensures statistically independent samples are obtained. Should you have any questions addressing the determinations herein please contact Jace Driver at (303) 691-4059 or by email at Jace.Driver@state.co.us. Jace Driver Solid Waste Permitting Unit Solid Waste and Materials Management Program Hazardous Materials Waste Management Division ec: Bob Yost Ben Frissell Doug Ikenberry Ed Smith David Banas colt Henderson Solid Waste Permitting Unit Leader Solid Waste and Materials Management Program Hazardous Materials Waste Management Division Al Organics WCDPHE HMWMD- HMWMD AGO 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe Jared S. Polls, Governor I Karin McGowan, Interim Executive Director COLORADO Department of Public Health & Environment Dedicated to protecting and improving the health and environment of the people of Colorado VIA ELECTRONIC MAIL chrisskelton@alorganics.com November 28, 2018 Chris Skelton A1 Organics 16350 WCR 76 Eaton, CO 80615 Re: Requirement for Assessment Monitoring Rattler Ridge Organic Recycling Facility SW/WLD/RRF 4.3 Dear Mr. Skelton, The Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (Division) has received four quarterly Groundwater Monitoring Reports for the Rattler Ridge Organic Recycling Facility (Facility) located at 12002 Weld County Rd 59, Keenesburg, Colorado 80643. These reports are from sampling that is being performed to develop statistical background in accordance with the Facility's approved Groundwater Monitoring Program. These sampling events occurred in July and October of 2017, and January and July of 2018. Additionally, the Facility submitted a summary report with a discussion of findings from the 2017 sampling events. After review of the groundwater reports submitted to -date, it appears as though Facility activity is impacting groundwater. A summary of relevant groundwater data is provided below. 1. The Facility has four monitoring wells and two piezometers onsite. These wells were installed in accordance with the Facility's Groundwater Monitoring Program, which was approved in 2017. Based on groundwater elevations measured to -date, MW -1 is hydraulically upgradient, MW -3 and MW -4 are hydraulically downgradient. PZ-1 appears to be cross -gradient, PZ-2 and MW -2 are not clearly defined but are located near to composting operations. 2. The Facility is currently collecting samples to develop background for statistics. Once eight quarterly background samples have been collected, the Facility will submit a statistical analysis plan in accordance of Appendix B3 of the Solid Waste Regulations, 6 CCR 1007-2, Part 1 (Regulations). 3. In all four quarterly samples Nitrate is 10 to 20 times higher in downgradient wells than in the upgradient well, MW -1. The Human Health Standard for Nitrate in groundwater is 10.0 mg/L (Basic Standards for Groundwater, 5 CCR 1002-41). Below are the averages of the nitrate samples in each well over the four sampled quarters. 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado,gov/cdphe John W. Hickenlooper, Governor I Karin McGowan, Interim Executive Director Chris Skelton Rattler Ridge Organic Recycling Facility Requirement for Assessment Monitoring November 28, 2018 Page 2 MW -1 MW -2 MW -3 MW -4 Nitrate Mean 4.82 117.60 64.11 150.98 (in mg/L) - PZ-1 and PZ-2 were only sampled for Nitrate 3 times PZ-1* 7.5 PZ- 2* 156.01 4. Several metals that are being sampled for also show strong variability from the upgradient well, particularly in MW -4. 5. The findings section of the 2017 Annual Groundwater Report states "... groundwater monitoring results suggest that composting operations may be contributing nutrient constituents into shallow and possibly perched groundwater within the eolian sands." Based on the results of the first four quarters of sampling, the Division is requiring that the Rattler Ridge Organic Recycling Facility immediately enter into assessment monitoring. Assessment monitoring must be conducted in accordance with Appendix B5 of the Regulations. Additionally, the following are specific requirements for assessment monitoring: 1. The list of constituents sampled for during assessment monitoring must be expanded to include all of Appendix IB of the Regulations. 2. Assessment monitoring shall be conducted in all monitoring wells included in the Groundwater Monitoring Program. Please note that the Department is authorized to bill for its review of technical submittals pursuant to Section 1.7 of the Regulations. An invoice for the Division's review of the above referenced documents will be transmitted under separate cover. Our fees and billing ceilings may be viewed online at https://www.coloradoogov/pacific/cdpheisolid-waste-regulations. Should you have any questions addressing the determinations herein please contact Jace Driver at (303) 691-4059 or by email at Jace.Driver@state.co.us. Sincerely, Fr' e. r Jace Driver Solid Waste Permitting Unit Solid Waste and Materials Management Program Hazardous Materials Waste Management Division ec: Bob Yost Ben Frissell Doug I kenberry Dave Stewart SO Jerry Henderson Solid Waste Permitting Unit Leader Solid Waste and Materials Management Program Hazardous Materials Waste Management Division Al Organics WCDPHE HMWMD Stewart Environmental 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor I Karin McGowan, Interim Executive Director 3 Esther Gesick From: Sent: To: Cc: Subject: Tom, Ben Frissell Monday, January 14, 2019 12:08 PM Michael Hall; Tom Parko Jr.; Frank Haug; Bruce Barker Deb Adamson; Lauren Light; Esther Gesick RE: PCSC18-0023 A-1 Organics probable cause draft docs From my understanding of CDPHE's Nov 28, 2018 letter, the facility will be required to comply with section B5 of Appendix B of the Solid Waste Regulations. This has some specific timelines for sampling, 90 days from the Nov 28th letter and then 90 days after that. The facility is currently completing "background" sampling described in their approved Groundwater Monitoring Plan. This consists of 8 qrts of sampling and they are on the last 2. It appears that required sampling outlined in B5 corresponds with the facility's plan to finish their background sampling which is scheduled to be completed by end of June 2019. In the meantime, the facility will submit sampling results to the CDEPHE and WCDPHE. The CDPHE may wish to initiate an Order on Consent with the facility due to the migration of contamination off property and sampling results. I do not know when or if this will occur or what will be included, but know that it is a possibility. My recommendation would be to continue forward with the PC hearing on 1/28 and suggest a SC hearing after sampling has been completed, early -mid July 2019. However, we could also suggest that if notification from the CDPHE is received sooner, that staff may try and set an earlier SC hearing based on new information. Thoughts? Ben Frissell Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfrissell@weldgov.com 970-400-2220 I .a pabsosec 14444 }�iE �t TN pi .r1 PH&8 Stag atelltAcralt i Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Michael Hall Sent: Monday, January 14, 2019 11:32 AM To: Tom Parko Jr. <tparko@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com> Cc: Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Ben, What are your thoughts on these components of the memo that Tom mentioned? CTB wanted a tentative Show Cause date. March 6 was available and is on holding as a possible date. Most likely the BOCC will push it further out but this just gives us a place holder. Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Jr. Sent: Monday, January 14, 2019 11:09 AM To: Michael Hall <mhall@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com> Cc: Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Michael, I spoke to Bruce this morning and we agreed to keep the Probable Cause on the January 28th docket. Our staff recommendation should be pretty clear that although there is enough evidence to initiate a probable cause there are specific State Statues that Al can follow to try and remedy the issue and that additional time should be granted by the Board. Perhaps we need a date certain in the future? Do you think the State will allow another quarter or two of reporting and monitoring? Maybe we recommend that the Board continue the Probable Cause out six months with monthly reports to staff? Tom 2 From: Michael Hall Sent: Monday, January 14, 2019 7:54 AM To: Frank Haug <fhaug@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Ben Frissell <bfrissell- durley@weidgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Meaning what? The 1/28 Probable Cause hearing is scheduled and confirmed with the Clerk to the Board as we discussed in our last meeting. County staff has probable cause to believe groundwater contamination exists as a result of A-1 Organics operations as outlined in the letter from the state. As Ben mentioned, we could be waiting indefinitely for the state to provide some sort of formal violation documentation. Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Frank Haug Sent: Friday, January 11, 2019 2:47 PM To: Bruce Barker <bbarker@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Michael Hall <mhall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Thanks, lets discuss before we move forward From: Bruce Barker Sent: Friday, January 11, 2019 8:17 AM To: Ben Frissell <bfrissell-durley@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Michael Hall <mhall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Deb Adamson <dadamson@weidgov.com>; Lauren Light <Ilight@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Best to wait to see what the State does. Bruce T. Barker, Esq. Weld County Attorney 3 P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ben Frissell Sent: Friday, January 11, 2019 8:04 AM To: Frank Haug <fhaug@weldgov.com>; Michael Hall <mhall@weldgov.com>; Tom Parka Jr. <tparko@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs When I talked with Jace he said they are planning on issuing a more formal violation or notice of violation letter and would outline the same regulations that I did. However, they were not sure when this would occur. However, without something in had this is just talk. I do not think they are going to issue something before the 1/28 PC hearing. How would you like to proceed? Ben Frissell Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfrissell@weldgov.com 970-400-2220 f 400110404. j a r ° rrl'I...v `3 S c 4:4ACCO rill ‘lit Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 4 From: Frank Haug Sent: Thursday, January 10, 2019 5:10 PM To: Michael Hall <mhall@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs As Bruce and I were talking through this, I think that we need to be sure what the states position is before we send the letter out. We need to know for sure whether the state is going to call it a violation, whether they are going to do some sort of consent order, or what enforcement they are going to have. I don't want to end up in a situation where the state says, well, they aren't really in violation. We can talk more about that, but Ben, I think we will need to figure out what the states position is with some certainty. From: Michael Hall Sent: Thursday, January 10, 2019 11:13 AM To: Frank Haug <fhaug@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Tom Parko Jr. <tpa rko @weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Change made. See attached. Ok to send? Other changes? Send to Guttersen team? Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Frank Haug Sent: Thursday, January 10, 2019 9:51 AM To: Michael Hall <mhall@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Tom Parko Jr. <tpa rko @weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs 5 Thanks, now that I am thinking about it, in the paragraph where you say "it appears that the facility is in violation" think we should modify it to say, it is appears there is probable cause to proceed with a determination of whether the facility is in violation. Ultimately, that is a call for the board, so I think we should phrase it as such From: Michael Hall Sent: Thursday, January 10, 2019 7:38 AM To: Frank Haug <fhaug@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Tom Parko Jr. <tpa rko @we ldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light <liight@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Frank, See attached BOCC memo with the BOCC actions in the last paragraph. Please confirm if it is ready to send. Also, see attached applicant letter. Is this doc ready to send and should I send it to the Guttersen camp? Thanks. Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Frank Haug Sent: Wednesday, January 09, 2019 2:44 PM To: Michael Hall <mhall@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight�weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs For the probable cause, according to section 2-4-40 the options are as outlined below, so we should include that in the letter. It could basically just be a reiteration of what is in the code. However, I think that we also need to make sure that we are prepared to talk about what steps we can take at the show case down the road. D. 6 Decision. At the conclusion of the presentation of evidence, the Board of County Commissioners shall make an oral decision. The decision shall be to either dismiss the case, continue the case to a time specified in the future or to set the case for a formal show -cause or other type hearing at a time specified in the future. From: Michael Hall Sent: Wednesday, January 9, 2019 7:39 AM To: Frank Haug <fhaug@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Tom Parko Jr. <tpa rko@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Ok. So what are all the options you would like to include? Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Fri m: Frank Haug Sant: Wednesday, January 09, 2019 7:24 AM To: Michael Hall <mhall@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Tom Parko Jr. <tpa rko @we ldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamsonweldgov.com>; Lauren Light Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs I think that we need to add a section to this that outlines the options. When we did Heartland, Chris had a slide and a section that outlined the potential options like, suspension, fines, continuance, etc. Although I suppose that is something that should wait for the show cause to do. Perhaps we can just include a section that says something to the effect of at a probable cause you can find probable cause, or dismiss it. I think we know the question is coming "So what are the options or recommendations for how to move forward?" I want to make sure that we are prepared to answer that question. Frm: Michael Hall Sent: Tuesday, January 8, 2019 3:56 PM To: Ben Frissell <bfrissell-durley weldgov.com>; Frank Haug <fhaug@weldgov.com>; Tom Parka Jr. <tparko@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson©weldgov.com>; Lauren Light Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Also, see attached BOCC memo. Please review. It contains the same info as the application notice letter. Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ben Frissell Sent: Tuesday, January 08, 2019 3:52 PM To: Frank Haug <fhaug@weldgov.com>; Michael Hall <mhall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson @weldgovacom>; Lauren Light Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs From EH's view point I think we are. Confirmed with State regarding citations. Ben Frissell Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfrissell@weldgov.com 970-400-2220 onw."13/4 rap Praz(44 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 8 From: Frank Haug Sent: Tuesday, January 08, 2019 3:48 PM To: Ben Frissell <bfrissell-durley@weldgov.com>; Michael Hall <mhall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light <1l ight@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Okay, thanks. So are we ready to send this out do you think? From: Ben Frissell Sent: Tuesday, January 8, 2019 3:44 PM To: Frank Haug <fhaug@weldgov.com>; Michael Hall <mhall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Frank, It is the perimeter of the solid waste disposal site. Here is the definition taken from the Regs. "Point of compliance" as referred to in Section 2.2, 3.2.5 and 3.5 shall be located on land owned by the owner of the site and facility and means either: (1) For a landfill, a vertical surface which is not more than 150 meters from the waste management unit boundary as described in the engineering design and operations report: or (2) For other sites and facilities a vertical surface that is at the perimeter of the solid waste disposal site and facility boundary. Ben Frissell Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfrissell@weldgov.com 970-400-2220 t 74. R nod r f Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 9 From: Frank Haug Sent: Tuesday, January 08, 2019 3:30 PM To: Michael Hall <mhall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Ben Frissell <bfrissell- durley@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light <Ilight@weldgov.com> Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs Thanks. My question in reading this is, what is the "point of compliance"? From: Michael Hall Sent: Tuesday, January 8, 2019 8:19 AM To: Frank Haug <fhaug@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Ben Frissell <bfrissell- durley@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Lauren Light Subject: RE: PCSC18-0023 A-1 Organics probable cause draft docs All, See attached PCSC18-0023 letter, with EH additions. Please review. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Frank Haug Sent: Thursday, December 27, 2018 9:04 AM To: Michael Hall <mhall@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Ben Frissell <bfrissell- durley@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com> Subject: FW: PCSC18-0023 A-1 Organics probable cause draft docs Thanks, you did a good job. I think that we need to call out more specifically the ways in which they are violating development standards 4, 6, and 20. 4 says that they shall comply with all the applicable rules. Which specific rules are they out of compliance with? It may be something Ben has to add to. Same with 6. What parts of the regs are they out 10 of compliance with? Also, with 20, what part of the ground water monitoring plan are they out of compliance. I think we need to cite to the specific rules and language that we are basing our violation on. For the power point, I think that I'd include a couple of slides basically just stating as simply as possible what the data is saying, that the downgradient wells are showing higher levels of nitrates and metals, and what that means. Thanks again. From: Michael Hall Sent: Wednesday, December 26, 2018 4:35 PM To: Tom Parko Jr. <tparko@weldgov.com>; Ben Frissell <bfrissell-durley@weldgov.com>; Frank Haug <fhaug@weldgov.com> Subject: PCSC18-0023 A-1 Organics probable cause draft docs All, See attached for review. The docs are located at: U:\From EH\A-1 Rattler Ridge\PCSC18-0023 Please submit comments back and/or let me know if you modify the docs in the U drive. I am waiting to hear back from the CTB about possible BOCC Probable Cause Hearing dates. Thanks. Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 11 STEWART ENVIRONMENTAL CONSULTING GROUP, LLC ENGINEERING FOR LIFE January 24, 2019 Mr. Ben Frissell, Environmental Health Specialist Weld County Department of Public Health and Environment Mr. Michael Hall, Planner II Weld County Planning Department 1555 N 17th Ave Greeley, Colorado 80631 Subject: Al Organics Weld County Probable Cause hearing January 28, 2019 Project No.: 4903-001 Dear Mr. Frissell and Mr. Hall, MEMB P. ft As you know, Stewart Environmental Consulting Group, LLC provides ongoing environmental consulting services to Guttersen Ranch, LLC. Mr. Art Guttersen of Guttersen Ranch LLC has asked that I submit my technical comments to Weld County in connection with the anticipated hearing on January 28, 2019 so that the Commissioners have an understanding of the impact of the Al Organics site on my client's property and the recent submittals by Al Organics. Please include this letter in the record of above referenced hearing. Specifically, this letter is in response to the Al Organics letter dated December 12, 2018 to Mr. Ben Frissell of Weld County. In this letter, Mr. Chris Skelton, PG, states that MW -1 may not be representative of the background water quality and potentially represents a deeper water bearing zone. For the reasons set forth below, we believe that this position is inaccurate and in fact reflects ground water quality and the impact from the Al Organics site to regional ground water. Groundwater Gradient The groundwater gradient shown in previous Al Organics Groundwater studies and a separate report prepared by Stewart and previously provided to Weld County shows the gradient to be to the east. The groundwater has a consistent gradient to the east — northeast. This would indicate that the groundwater in Al MW — 1 is connected to the other groundwater wells in the area. The Al Organics groundwater map is provided in Attachment A. This groundwater gradient shows that Al MW -1 is upgradient of the site and therefore, it would be appropriate for a background well. Groundwater and Silt -Clay Lens Elevations In the Al Organics Groundwater Monitoring Program dated August 6, 2017, the groundwater elevation for Al MW -1 is found at 4837.44. The groundwater elevations for the remaining monitoring wells, with the exception of PZ-2, are at lower elevations. This is consistent with the groundwater gradient discussed above. {❑❑595❑1 8.D❑CX / 1 } 748 WHALERS WAY, SUITE 21 ❑ FORT COLLINS, COLORADO 80525 970.226.5500 F: 970.226.4946 I W: STEWARTENV.CDM CONSULTING ENGINEERS AND SCIENTISTS Mr. Ben Frissell Mr, Michael Hall Weld County Page 2 of 5 January 24, 2019 Nitrate Values Found at Al Organics and Off -Site Wells The nitrate values found in Al MW -1 are less than 10 mg/I. The nitrate values found on the Al site range from the 10 mg/I or less in Al MW -1 up to 200 mg/I at Al MW -4. There is not any explanation in the December 2018 letter explaining why these values are so high. What is known is that these nitrate values are significantly above the groundwater standard and the nitrate is traveling to the east onto the Guttersen ranch property and exceed the groundwater standards on the State of Colorado. All the nitrate values for both Al Organics and the Guttersen Ranch are provided in Attachment B —Tables 1 and 2. Area Sampling for Nitrate The Lost Creek Designated Groundwater Basin which includes the Guttersen Ranch property and is adjacent to the Al Organics property has been extensively studied by the Colorado Department of Natural Resources (DNR). This is shown on Attachment C to this letter. DNR has not found any wells within the study area that exceed state standards for nitrate of 10 mg/I. The DNR findings are consistent with the water quality found in Al MW -1, but not Al PZ-2 as suggested in the Al Letter. We have provided the nitrate contamination values in Attachment B hereto We have also provided the groundwater gradient in Attachment A hereto which shows that the water is moving off the Al property. This information confirms that the groundwater contamination on the Guttersen Ranch originates on the Al Organics property. I will be attending the hearing on Monday and will be pleased to answer any questions you may have regarding this letter or the attachments. Sincerely, STEWART ENVIROBNMENTAL CONSULTING GROUP, LLC David R Stewart, PhD, PE President {D❑595❑ 1 B.D❑CX / 1 } STEWART ENVIRONMENTAL CONSULTING GROUP, LLC Attachment A Groundwater Gradient Al — Organics Map {❑❑595❑ 1 8.D❑CX / 11 748 WHALERS WAY, SUITE 210 FORT COLLINS, COLORADO 80525 I 1: 9'70.226.55❑❑ I F: 970.226.4946 I W: STEWARTENV.COM CONSULTING ENGINEERS AND SCIENTISTS Attachment A - Al Organics Groundwater Map _ MW4 - a. i.. rAr .._ 47Sfi.39 4825.89 a a b _. la.. .- y. ... e. * v ., $ 4.1 fi ille . ,. ,... - t .Y�> r ,0 a 4 4 -MW -3 a .. e. - * 4807.33 i • 4:4..7;4;47a,...."`" \ \ . f k j1 /[ i 'i- •.-]'. of PZ-2 'r r F 1 't F*z .f r a797 I III c al r ' mot 4828.60 I1 +, ;� • . • ayk t 4 - ,,,4::", % 4801 e sow 4,f_ir u MW -1 4837.54 • \ \ 4819 a8? 4815 - 4811 . . 4807 - 4803.55 PZ-1 , . . _ 4835 431 { 4' • Approximate Scale Contour Interval 1 inch = 2 = 550 feet feet Groundwater Contour Map FIGURE Site Monitoring Well �� D Di 16350 Eaton, WCR CO80615 76, Rattler Ridge July Organic 27, 2017 Recycling Facility 5 Site Piezometer organics (O) (F) 970-454-3492 970-454-3232 Keenesburg, 12002 Weld Weld County County, Rd 59 Colorado Attachment B Nitrate Concentrations — Table 1 and 2 {D❑ 595O 1 S. D❑ CX / 1 } STEWART ENVIRONMENTAL CONSULTING GROUP, LLC Al Organics - Rattler Ridge Water Quality Results Page 1 of 3 Parameter CAS Number CDPHE GW Standard Al MW 1 Al MW -2 Date 7/27/2017 10/31/2017 1/29/2018 7/23/2018 7/27/2017 10/31/2017 1/29/2018 7/23/2018 Inorganic Ammonia Nitrogen 7664-41-7 NA 0.17 0.08 0.13 0.07 0.17 <0.03 <0.03 0.09 Bicarbonate 144-55-8 NA 423.2 380.7 309.8 396.0 291.1 537.4 218.6 410.9 Carbonate 3812-32-6 NA <0,1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 Chloride 16887-00-6 250.0 8.81 9.6 66.6 10.3 98.3 116.2 128.9 133.9 Nitrate Nitrogen 14797-55-8 10.0 5.22 5.9 2.85 5.32 86.5 107.6 128.5 147.9 Nitrite Nitrogen 14797-65-0 1.0 <0.03 0.22 <0.03 <0.03 0.06 <0.03 <0.03 <0.03 pH NA NA 7.19 7.21 7.21 7.11 7.07 7.07 7.08 7.05 Specific Conductance NA NA 3099 3221 3797 3250 4217 4431 4578 4691 Sulfate 14808-79-8 250.0 1847 1827 2161 1924 2205 2053 2014 2151 Total Alkanlinity NA NA 423 380.7 309.8 396.0 291.1 537.4 218.6 410.9 Total Organic Carbon NA NA 50.9 5.3 4.2 3.6 60.6 4.1 4.2 4.7 Metals Antimony 7440-36-0 0.006 <0.0012 <0.0012 <0.0012 <0.0024 <0.0012 <0.0012 <0.0012 <0.0024 Arsenic 7440-38-2 0,010 0.0056 0.0049 0.0041 0.0093 0.0073 0.0037 0.0039 0.0039 Barium 7440-39-3 2.000 1.159 1.325 0.2651 0.0024 1.2521 0.696 0.428 0.1377 Beryllium 7440-41-7 0.004 0.003 0.0025 0.0003 0.0013 0.0036 0.0014 0.0006 0.0023 Cadmium 7440-43-9 0.005 0.0026 0.0019 0.0003 0.0012 0.0018 0.0009 0.0004 0.0016 Calcium 7440-70-2 500 673.3 603 485.7 460.4 776.7 749.5 676.9 835.5 Chromium 7440-47-3 0.100 0.0198 0.0159 0.0089 0.0104 0.0205 0.0095 0.0101 0.0080 Cobalt 7440-48-4 0.050 0.0091 0.0067 0.005 0.0092 0.0103 0.0052 0.0046 0.0113 Copper 7440-50-8 1.000 0.0153 0,0118 0.0061 0.0151 0.0169 0.0081 0.0077 0.0194 Lead 7439-92-1 0.050 0.0492 0.041 0.0055 0.0188 0.0543 0.022 0.0102 0.0254 Magnesium 7439-95-4 NA 150.4 146.9 147.1 118.9 143.3 131.3 132.1 118.2 Mercury 7439-97-6 0.002 NA NA NA NA NA NA NA NA Nickel 7440-02-0 0.100 0.0197 0.0139 0.0104 0.0134 0.023 0.01 0.0092 0.01503 Potassium 7440-09-7 NA 21.2 18.1 13 10 16.3 12.6 10.9 8.6 Selenium 7782-49-2 0.050 0.016 0.0163 0.0224 0.0766 0.0382 0.0475 0.0792 0.1503 Silver 7440-22-4 0.050 <0.0001 0.0009 0.0003 <0.0002 0.001 0.0002 0.0002 <0.0002 Sodium 7440-23-5 NA 384.3 309 431.3 305.7 380.1 395.6 398.6 369.3 Thalium l i u m 7440-28-0 0.002 0.0007 0.0006 <0.0002 <0.0004 0.0001 0.0003 0,0002 0.0009 Vanadium 7440-62-2 NA 0.035 0.027 0.017 0.035 0,035 0.02 0.021 0,039 Zinc 7440-66-6 5.000 0.039 0.032 0.018 0.031 0.049 0.02 0.023 0.27 Semi - Volatile Organic Compounds (SW 846 8270) Volatile Organic Compounds (SW 8260) Acetone {0059s832.DOCX / 11 I I Attachment B - Table 1 - Water Quality Values Al Organics - Rattler Ridge Water Quality Results Page 2 of 3 j I , Parameter CAS Number CDPHE GW Standard Al MW -3 Al MW -4 Date 7/27/2017_10/31/2017 1/29/2018 7/23/2018 7/27/2017 10/31/2017 1/29/2018 7/23/2018 F ` Inorganic Ammonia Nitrogen 7664-41-7 NA 0.04 <0.03 <0.03 <0.03 0.04 <0.03 <0.03 <0.03 Bicarbonate 144-55-8 NA 370.5 559.1 490.7 494.6 778.9 620.5 685.3 601.4 Carbonate 3812-32-6 NA <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 <0.1 Chloride 16887-00-6 250.0 34.1 47.87 56.68 73.49 346.4 382.9 399.3 347.0 Nitrate Nitrogen 14797-55-8 10.0 20.2 52.13 73.41 110.7 107.0 174.2 121.5 201.2 Nitrite Nitrogen 14797-65-0 1.0 <0.03 <0.03 <0.03 <0.03 0.1 0.88 0.78 0.26 pH NA NA 6.99 7.14 7.13 7.08 6.67 6.68 6.81 6.80 Specific Conductance NA NA 3700 3420 3138 3379 3677 4014 3823 3681. Sulfate 14808-79-8 250.0 2203 1533 1197 1241 471.8 481.9 486.3 456.0 Total Alkanlinity NA NA 370,5 559.1 490.7 494.6 778,9 620..5 683.5 601.4 Total Organic Carbon NA NA 48.6 3.9 4.8 5.1 81.9 10.9 13.9 13.3 ..._.._1._. . - _ - Metals 7 . r _ ��_.__ i Antimony 7440-36-0 0.006 <0.0012 <0.0012 <0.0012 <0.0024 <0.0012 <0.0012 <0.0012 <0.0024 Arsenic 7440-38-2 0.010 0.0051 0.0037 0.0053 0.0038 0.0139 0.0111 0.0139 0,0110 Barium 7440-39-3 2,000 0.311 0.566 0.502 0.0056 2.142 0,7246 1,325 0.218 Beryllium 7140-41-7 0.004 0.0014 0.002 0,0014 0.0007 0.0070 0.0027 0.0037 0,0017 Cadmium 7440-43-9 0.005 0.0006 0.001 0.0006 0.0003 0.0026 0.0013 0.0014 0.0010 Calcium 71/0-70-2 500 580.4 601.3 478.5 427.6 511.9 492.6 426.3 391.4 Chromium 74/10-47-3 0.100 0.0122 0.0089 0.0128 <0.0030 0.0293 0.0148 0.0245 0.0053 Cobalt 7440-48-4 0.050 0.0068 0.0049 0.0064 0.0034 0.0226 0.0002 0.0176 0.0158 Copper 71110-50-8 1.000 0.0149 0.0099 0.013 0.0066 0.0337 0.0008 0.0262 0.0252 Lead 7439-92-1 0,050 0.0205 0.0249 0.0209 0.0084 0,2489 0.0479 0.0748 0.0230 Magnesium 7439-95-4 NA 121.6 113 105 99.4 170.5 158.8 150.7 128.1 Mercury 7439-97-6 0.002 NA NA NA NA NA NA NA NA Nickel 7440-02-0 0.100 0.0131 0.0087 0.0118 0.0055 0.0396 0.0288 0.0343 0.0497 Potassium 7440-09-7 NA 14.3 12.1 10.2 6.8 20.9 12.2 17.1 22.5 Selenium 7782-49-2 0.050 0.1065 0.0451 0.0562 0.1565 0.0018 0.0009 0.0016 0.0071 Silver 7440-22-4 0.050 <0.0001 <0.0001 0.0003 <0.0002 <0.0001 0.0001 0.0004 <0.0002 Sodium 7440-23-5 NA 369.7 314 297.4 303.6 237.7 234.8 273.3 247.0 Th a l i u m 7440-28-0 0.002 0.0004 0.0003 0.0005 <0.0004 0.0011 0.0004 0.0007 <0.0004 Vanadium 7440-62-2 NA 0.029 0.021 0.028 0.014 0.089 0.051 0.072 0.051 Zinc 7440-66-6 5.000 0,037 0.024 0.029 0.009 0.076 0.041 0.06 0.039 I Semi - Volatile organic ~r Compounds (SW 846 8270) Volatile OrganicCornpounds (SW 8260) Acetone {DO5B5B32.DDCX / 1 } -r L.- .4. 1 t I I -1 Attachment B - Table 1 - Water Quality Values , Guttersen Ranch - Water Quality Data . ..__.-- - -F .. I F Parameter CAS Number CDPHE GW Standard GR MW -1 GR MW -2 GR MW -4 GR MW -5 GW MW -6 Date 6/8/2018 10/17/2018 6/8/2018 10/17/2018 6/8/2018 10/17/2018 6/8/2018 10/17/2018 6/8/2018 10/17/2018 Inorganic Ammonia Nitrogen 7664-41-7 NA NA NA NA NA NA NA NA NA NA NA Bicarbonate 114-55-8 NA 343 407 84.2 84.8 233 204 283 230 94 303 Carbonate 3812-32-6 NA <2 <2 <2 <2 <2 <2 <2 <2 <2 <2 Chloride 16887-00-6 250.0 NA 34.3 NA 19.4 NA 16.9 NA 8.41 NA 46.6 Nitrate Nitrogen 14797-55-8 10.0 78 45.9 58 55.9 15 14.4 16 12.4 32 203 Nitrite Nitrogen 14797-65-0 1.0 Combined with Nitrate <0.1 Combined with Nitrate <0.1 Combined with Nitrate <0.1 Combined with Nitrate <0.1 Combined with Nitrate <0.1 pH NA NA 7.03 7.28 7.52 7.31 7.68 7.48 7.9 7.59 7.61 7.25 Specific Conductance NA NA 1340 1730 730 773 1150 800 790 784 1100 841 Sulfate 14808-79-8 250.0 118 93.5 88 78.6 224 101 103 97.4 92 81.2 Total Alkanlinity NA NA NA NA NA NA NA NA NA NA NA NA Total Organic Carbon NA NA 7.7 5 4 1.8 5.6 2.9 5.1 4.4 6.7 3.1 —.„....,i-,__w."__..". "_ __ Metals ._ Antimony 7440-36-0 0.006 <0.007 <0,03. <0.007 <0.03 <0.007 <0.03 <0,007 <0.03 <0.007 <0,03 Arsenic 7440-38-2 0.010, 0.0166 <0.02 <0.01 <0.02 <0.01 <0.02 0.0022 <0.02 <0.01 <0.02 Barium 7410-39-3 2.000 0.898 0.539 1.42 1.02 0.556 0.836 0.286 0.474 0.176 1.20 Beryllium 7440-41-7 0.004; 0.0229 0.0042 0.0253 0,005 0.0315 0.0083 0.005 0.0032 0.0202 0.006 Cadmium 7440-43-9 0.005 0.0036 <0.003 0.0053 <0.003 0.0097 0.003 0.0039 <0.003 0.0059 <0.003 Calcium 7440-70-2 500. 270.3 189.0 254.7 116.0 531.1 206.0 357.1 231.0 609.3 231.0 Chromium 7410-47-3 0.100 0,0645 0.011 0.0773 0.010 0.056 0.006 0.0607 0.021 0.026 0.013 Cobalt 7440-48-4 0.050. 0.122 0.028 0.0819 0.021 0.0677 0.022 0.607 0.046 0.0407 0.028 Copper 7440-50-8 1.000 0.126 0.022 0.063 0.029 0.1306 0.061 0.0422 0.028 0.0507 0.044 Lead 7439-92-1 0.050, 0.158 0.041 0.0407 0.023 0.0642 0.054 0.0522 0.035 0.0304 0.072 Magnesium 7439-95-4 NA, 58.7 37.6. 54.9 23.7 65.7 32.8 40.3 32.0 60.8 31.7 Mercury 7439-97-6 0.002 NA NA NA NA NA NA NA NA NA NA Nickel 7410-02-0 0.100: 0.181 0.028 0.:.85 0.034 0,3007 0.066 0.0677 0.02 0.1066 0.033 Potassium 7440-09-7 NA 12.9 3.23 103 4.12 15.3 5.6 9.58 3.51 8.47 3.83 Selenium 7782-49-2 0.050: 0.0062 0.018 0.0054 0.012 0.016 0.020 0.0111 0.021 0.0053 0.014 Silver 7440-22-4 0.050i 0.0069 <0.005 <0.001 <0.005 <0.001 <0.005 <0.001 <0.005 <0.001 <0.005 Sodium 7440-23-5 NA 80.3 92.0 54 40 125.8 88.0 74.6 79.0 56.8 43.0 Thalium i u m 7440.-28-0 0.002. <0.03 <0.1 <0.03 <0.1 <0.03 <0.1 <0.03 <0,1 <0.03 0.107 Vanadium 7410-62-2 NA. 0.147 0.069 0.187 0.132 0.2012 0.174 0.1778 0.133 0.1439 0.148 Zinc 7440-66-6 5.000 0.786 0.108 0.517 0.147_ 0.6112 0.178 0.1822 0.075 0.222 0.139 i 1" �.. Volatile Organic Compounds ( S W 8260) _-______._..__ _._.�.._..____- v v ._._. i ₹-- {❑❑596932.D❑CX / 1 } Attachment B - Table 2 - Water Quality Values Attachment C DNR Map of Designated Groundwater Basin {0059501 B.D❑CX / 11 STEWART ENVIRONMENTAL CONSULTING GROUP, LLC CDSS Cotorado's Decision Support Systems Al Organics - Get Groundwater Basin - DNR, 0 411 *4 4 T." ...lea r Al Orga ni i Partial: -View of Guttersen Ranch 14 4 .. t *4 liet General Direction of• Lust Creeks trou ndwater FIQ.w psi n ated :P....'4.444 Imo' 9 &roUndwater% grin ta >i1 "ft 44110, 0 1 77 3 54 Mats S 0 ittiViWAZ 0 00 .-Jasr f .44 S 4 Well Consttucied final Permit .1" Designated Basin Management District 0 Water District County i 112,257 0 ThatProdrks ,Y Axe tisatnnisi purp ar n may rra hares beim prepay &e, or b uetiabdo Acs' . at, engweenng. stn pra; purposes ₹1ar9r9 of tin aranneitn theakt rrrsrcw or txtr ,fir the Aasrsr..iry *fa and a 74EATOS to aaflairs Ow usability al the s tra.4> Data Prepared I ItaMIS n0'52 AM General Direction of Groundwater Flow STEWART ENVIRONMENTAL CONSULTING GROUP, LLC ENGINEERING FOR LIFE PROJECT NUMBER 4903-001 i DATE Nov 2018 PROPERTY LOCATION Al Organics — Guttersen Ranch <eenesburg, Colorado Attachment C wp files\426 3.001\figure 1 - site locatio n.cdr {❑❑585832.DOCX / 1 } GUTTERSEN RANCH — A 1 ORGANICS ENVIRONMENTAL REPORT STEWART ENVIRONMENTAL CONSULTING GROUP, LLC 5 Hello