The URL can be used to link to this page

Browse Search

Home My WebLink About20181961EXHIBIT INVENTORY CONTROL SHEET Case PCSC18-0006 - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY Exhibit Submitted By Description A. Chris Skelton Email from CDPHE (dated 4/11/2018) B. Dave Stewart Letter from Veterinarian Doug Ford C. Chris Skelton Debris Abatement Plan (dated 4/12/2018) D. Applicant Monthly Update — Debris Control Abatement (06/2018) E. Applicant Monthly Update — Debris Control Abatement (05/2018) F. Applicant Contingency Plan G. Staff PowerPoint Presentation H. Applicant Attorney Unopposed Motion to Postpone (dated 7/10/2018) I. Art Guttersen Letter re: A-1 Organics contaminating groundwater J. City of Fort Collins Letter of Support for A-1 Organics Stewart Environmental Letter re: A-1 Organics contamination of groundwater K. Consulting Group, LLC and unresolved fly issue (11/13/2018) L. Staff PowerPoint Presentation (11/14/2018) Legal Brief and supporting documents, 78 pages M. Applicant (11/16/2018) N. Applicant Attorney Show Cause PowerPoint Presentation (11/19/2018) O. Guttersen Ranch Show Cause PowerPoint Presentation (11/19/2018) P. Q. R. S. T. U. V. 2018-1961 Chris Skeit (;, From: an.,t: o Subject: Hello Chris, Driver - CDPHE, Jace <jace.driver@state.co.us> Wednesday, April 11, 2018 11:20 AM Chris Skelton Rattler Ridge Compliance Status Per your request, the following describes the current compliance status of the Rattler Ridge Organics Recycling Facili located near Keenesburg in Weld County. Rattler Ridge rganics Recycling Facility was last inspected by the Solid Waste Program of the Colorado Department of Public Health and Environment (CDPHE) on June 7, 2016. The facility has not been inspected since due to an update to the compost regulations in 2017, and a focus on small landfill enforcement. From this inspection a compliance advisory was issued with one deficiency related to water treatment plant residuals waste characterization. This deficiency was resolved and a no further action letter was issued on January 3, 2017. There :.ere :are no active t } : p! lance advisories for the facility. In accordance with the update to the compost regulations, 6 CCR 1007-2, Part 1, Section 14, the facility must revise it's Engineering Design and Operations Plan (EDOP) and submit it to CDPHE by June 30, 2018, in order to comply with changes made to that regulation. Until that time the facility will continue to operate under th.e requirements of f their it 24, , 2000 EDOP, There are no permitting co:rnpti see issues :at this time.. Regards, Jace Driver face )river Envfronm nta Protection Sprci ilk h st Solid Waste Permitting Unit Cotorado Department of Public Health and Environment P 303.69104059 4300 Cherry Creek Drive South, Denver, Co 80246-1530 Jace. Driver® state a co. us I wwwa cotorado. gov/cdphe 1 W` Iktg I DV . 8 ,. Beaver_eter ic Prod tO-G iw 2.957 Bush 97 d r_ To Whom it May Concern: I have been the practicing and consulting veterinarian for Guttersen Ranches forthe past 18 years. The. Guttersens have always been exceptional stewards of the land and innovators inthelivestock industry.; They ware among the first to practice rotational grazing, and have --developed. many water projects to better utilize the resources they have had the privilege to oversee. They have been involved in numerous pasture reseeding endeavors and never take for granted the opportunity to care for their land. 'Knowing thepride of ownership they have, i must sad-i was shocked when I drove by the west boundary of the ranch the other day. From the road it was obvious that trash in the form of piastic sacs, wrappers and debris was strung across the ranch .as_ far as i could see. This definitely is not in .character. for the standard of the rancho In fact one of the cardinal rules posted at all entrances is "Absolutely No Litteringi" This situation not only distracts from the aesthetics- of the ranch but in my opinion as consulting veterinarian could pose health issues to the cattle. Young calves are very curious and love to chew. There is definitely -potential for young animals to experience intestinal blockage and death from ingestion of plastic debris. Treatment and correction of this problem would be extremely frustrating and costly. This is a Grazing operation, somehow these pastures need to be restored and future contamination needs to be prevented. If you have any questions please contact me at any of the above numbers or email. Doug Ford DVM 1 • 1% organics Colorado's Leader in Organic Recycling April 12, 2018 Ms. Esther Gesick Weld County Board of Commissioners 1150 'O" Street P.O. Box 758 Greeley, Colorado 80631 SUBJECT: Probable Cause Hearing Case No. PCSC 18-0006 Al Organics, Rattler Ridge Composting Facility Keenesburg, Weld County, Colorado Dear Weld County Commissioners: Related to the above -referenced probable cause hearing, please see attached Debris Abatement Plan (DAP) and Statement of Facts, as well as other information helpful to your consideration of the relevant issues. We believe the implementation of our enhanced control measures as described in the DAP, targeting both on and off site areas, is an acceptable remedy to the complaint and meets the Weld County Development Standards. We are implementing our DAP and allocating more resources to remove the debris that has accumulated on our neighbor's property. We believe the on -site control measures that include a 3 -fence litter control installation will greatly reduce migrating debris. The off -site control measures include expanded labor resources to timely remove accumulated debris and any future incidental debris. Al Organics has always implemented control measures for wind-blown debris and other nuisance conditions, and the control measures we implemented have evolved over time. Until recently, the control measures implemented and cleanup efforts were effective. Our approach to remedying nuisance conditions is described in our Design and Operations Plan approved by Weld County Department of Public Health and Environment (Weld County) and Colorado Department of Public Health and Environment. The approved approach is described as "Nuisance conditions that may occur on or off site will be dealt with on a specific occurrence G`,l,Oltiaktki O Al Organics Corporate Headquarters: 16350 WCR 76 • Eaton. Colorado 80615 Tel 970-454-3492 • 800-776-1644 • Fax 970-454-3232 Facilities Eaton • Keenesburg • Stapleton Las Vegas Nevada www.al organics.com Seal of Testing Assurance • • • organics Colorado's Leader in Organic Recycling basis. Remedies or procedures necessary to remedy o specific condition will be orrived at through discussion with the governing body." We have always discussed approaches to control and mitigate wind-blown debris and other potential nuisance conditions with Weld County. Together, we have made great progress in overcoming the challenges of solid waste diversion. As discussed with Weld County, we were scheduled to install the 18' tall litter fence in December 2017. However, at the request of the complaining party and our desire to accommodate the complaining party's wishes, we withdrew the plan to install the 18' litter fence. Due to subsequent complaints that may have been avoided had the litter fence been installed, we re -ordered the litter fence installation. Additionally, Al has made reasonable offers to the complaining party to mitigate, prevent, and address the issue. To date, our offers have not been accepted, but we are committed to continued dialogue. Al is an industry leader promoting the advancement of waste diversion science. Al is integral to the State of Colorado's management of Solid Waste and achieving goals for the diversion of Solid Waste. At this time, we are requesting the Board of County Commissioners acknowledge our verified compliance history, our previous control efforts implemented, and approve our enhanced on - site and off -site control measures described in the Debris Abatement Plan as compliance with the Development Standards and the approved Design and Operations Plan. Attached are our Statement of facts and supporting exhibits for your consideration. Sincerely, Travis Bahnsen President Al Organics 01,OR `4a O , A,ND sr) enVN� Al Organics Corporate Headquarters: 16350 WCR 76 • Eaton Colorado 80615 Tel 970-454-3492 • 800-776-1644 • Fax 970-454-3232 Facilities Eaton • Keenesburg • Stapleton Las Vegas Nevada www.a1organics.com US Composting Council Seal of Testing Assurance • • • organics 16350 WCR 76, Eaton, Colorado (970) 454-3492 DEBRIS ABATEMENT PLAN RATTLER RIDGE ORGANIC RECYCLING FACILITY 12002 WELD COUNTY ROAD 59 KEENESBURG, COLORADO APRIL 12, 2018 • • • R% organics Colorado's Leader in Organic Recycling April 12. 2018 Mr. Ben Frissell Waste Program Coordinator Weld County Department of Public Health and Environment Environmental Health Services 1555 North 17th Avenue Greeley, Colorado 80631 NOTICE: Debris Abatement Plan Rattler Ridge Organic Recycling Facility 12002 WCR 59, Keenesburg, CO Dear Mr. Frissell: Al Organics is pleased to furnish this Debris Abatement Plan for the Rattler Ridge Organic Recycling Facility located at 12002 WCR 59. Keenesburg, Weld County, Colorado (Site). Please call (970) 454-3492, if you have any questions or concerns. Regards. �l. zzg Chris Skelton, P.G. Al Organics Regulatory and EH&S Officer cc: Mr. Jace Driver, Colorado Department of Public Health and Environment v �,ORe1a *L), O. %;))4466 f)n1 nv3\\I I - Al Organics Corporate Headquarters: 16350 WCR 76 • Eaton Colorado 80615 Tel 970-454-3492 • 800-776-1644 • Fax 970-454-3232 Facilities Eaton • Keenesburg • Commerce City • Englewood www.a1organics.com US Composting Council Seal of Testing Assurance • • • TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 SITE DESCRIPTION 1 3.0 ON -SITE ABATEMENT 1 4.0 OFF -SITE ABATEMENT 2 5.0 CONCLUSIONS 3 FIGURES Figure 1 Figure 2 Figure 3 Figure 4 Site Location Map Site and Vicinity Map Facility Map Fence System Layout APPENDICES Appendix A Fence System Information • • • DEBRIS ABATEMENT PLAN Al ORGANICS RATTLER RIDGE ORGANIC RECYCLING FACILITY 12002 WELD COUNTY ROAD 59 KEENESBURG, WELD COUNTY, COLORADO 1.0 INTRODUCTION Al Organics has prepared this Debris Abatement Plan (DAP) to document improved control measures and corrective actions at the Rattler Ridge Organic Recycling Facility located at 12002 County Road 59, Keenesburg. Colorado (Site). Generally, this DAP describes the installation of a litter fence system and litter removal. The control measures and corrective actions are intended to significantly control wind-blown debris and remedy the debris that has accumulated on neighboring properties, respectively. The following DAP is described in two sections. Section 3 describes measures for the on -site abatement. and Section 4 describes measures for the off -site abatement. A brief description of the site is provided in the section below. 2.0 SITE DESCRIPTION The Site is located in the eastern plains of the Front Range approximately three miles north of Interstate 76. and approximately five miles north of the town of Keenesburg, Colorado (Figures 1 and 2). The Site is located approximately 11/2 miles east of the Waste Management Buffalo Ridge landfill. The vicinity of the Site is predominately rangeland and scattered oil well sites (Figure 2). The Site slopes gently to the northeast and lies at an approximate elevation of 4.850 feet above mean sea level. Existing improvements at the site include a coverall storage structure, trailer -office, metal storage containers, double -walled AST, mixing pad and mixing tanks (Figure 3). 3.0 ON -SITE ABATEMENT All of Al Organics' existing control measures shall remain in effect To further control wind-blown debris and abate on -site debris accumulation. Al will implement a litter fence system, conduct on -site debris removal, divert feedstock until additional control measures are in place and functioning, and conduct debris removal from finished compost at the time of screening. Fence System The fence system includes an 18 -foot tall litter fence, an improved approximately 6 -foot tall fence. and an improved approximately 3 -foot tall fence. The fence system is deployed on the eastern property boundary where the sources for debris are present. The general layout of the fence system is shown as Figure 4. Schematics and details for the fence construction are provided as Appendix A. • • • Debris Removal Fence -line Area Al Organics shall monitor the debris that collects at the 18 -foot tall fence weekly. Debris that collects at the west road fence and east road fence will be monitored every other day, and daily, respectively. Debris shall be removed regularly from the fencelines. Debris Removal Non -Production Areas Al Organics may use any equipment necessary to remove debris on -site outside of the production areas. Al has had success using a modified rake and vacuum system. (Photograph X) Feedstocks Until such time as the debris containment structures are installed and functioning, Al shall divert food -waste feedstocks where most of the debris likely is derived from to reduce and/or eliminate the debris at the source. Screening The Hurrikan system shall remain in effect to remove by vacuum the debris during the screening process of finished compost. Al's weather station shall be monitored. and no screening will be conducted during high wind days. 4.0 OFF -SITE ABATEMENT To abate off -site debris accumulation, Al will implement regular and frequent clean ups, event clean ups and alternative land owner consent clean ups. Regular Clean Up Al shall hire clean-up crews of three to four individuals to remove debris on the neighboring property. Clean-up shall occur generally at intervals of 2-3 clean-ups per week based on labor availability and weather conditions. Regular clean-up activities shall be focused nearer to the accumulated source and then outward to the scattered more distance sources. Event Clean Up Al shall organize a second volunteer -based clean up event on or about April 28, 2018. The clean-up will occur on a Saturday from approximately 9 00 to 15:00. A similar event was previously conducted on April 7. 2018. The April 7 clean up event was attended by 65 volunteers and approximately 20 employees from Al Organics. Additional events may be organized as necessary. Land Owner Permission Clean Up With the land owner's consent. Al has the ability to employ the rake/mow and vacuum system to remove hard to collect debris that is intermingled with the Yucca and Sagebrush. Because these systems will disturb the native grassland, the areas treated shall be reseeded. Al will not initiate any alternative cleanups that disturb the land surface without expressed permission of the land owner. • 5.0 CONCLUSIONS Al Organics is integrally involved in the composting industry through participation in organizations and events of the United States Composting Council (USCC). Al is acutely aware of the challenges of waste diversion across the country. Al is a pioneer in testing of the compostability of food product materials which is a major source of the debris problem in solid waste diversion. Al networks and supports the greater solid waste community by educating, training, and speaking to groups about the importance of food waste separation at the source. • • • FIGURES • Grassland d Wellington Nunn Keota • • Lyons I Laporte Fort Collins Loveland4 Longmont Windsor Johnstown Eaton 42) Greeley Evans fort Lupton Kersey 3, Briggsdalie SITE are Keenesburg Hudson Watkins tad Approximate Scale 1 inch = 10'/2 miles 'trasbu r r Byers,, Orchard f1: Weldo -_.~..Wiggins Leader r North 'F er organics 16350 WCR 76, Eaton, CO 80615 (O) 970-454-3492 (F) 970-454-3232 Site Location Map Rattler Ridge Organic Recycling Facility 12002 Weld County Rd 59 Keenesburg. Weld County. Colorado FIGURE 1 • • Approximate Scale 1 inch = 2,640 feet t `oors 'Waste NIanageni 'Buf'f'alo Ridge Landfill - Approximate Facility Boundary si organics 16350 WCR 76, Eaton, CO 80615 (O) 970-454-3492 (F) 970-454-3232 Site and Vicinity Map Rattler Ridge Organic Recycling Facility 12002 Weld County Rd 59 Keenesburg. Weld County. Colorado FIGURE 2 • • • Approximate Scale 1 inch = 340 feet i% organics 16350 WCR 76, Eaton, CO 80615 (0) 970-454-3492 (F) 970-454-3232 Fence System Layout Rattler Ridge Organic Recycling Facility 12002 Weld County Rd 59 Keenesburg. Weld County. Colorado FIGURE 4 APPENDIX A Fence System Information • • • • 4 1 1741 acegolfnetting.com A-1 Organics 16350 WCR 76 Eaton, CO 80615 ACE GOLF NETTING 828 Wagon Trail Austin, TX 78758 (877) ACE -N ETS Fax 512-834-8885 2-2-2018 Kent Pendley 970-454-3492 ©970-396-5295 kcntpcndley ft a I or anics.com LITTER CONTROL NETTING 12002 C. R59- Keeneshurg 80643 Provide and install Roxford fordell GFX llYBRID polvethelcne/polyester netting with poly rope border. Fasten netting to 3/8" aircraft cable (top and bottom) using galvanized spring snap hooks at top and galvanised shackles at bottom cable. Netting is installed with brace system using 15/16" aircraft cable (vinyi coated to 3/8"). Poles are 25. pressure treated wooden poles set 50' O.C. and 7 feet deep. Ends and corners are anchored with galvanized screw in anchors and aircraft cables. Guy wires are marked with yellow safety covers. *installation has 2 year V. rranty covering defects in materials and workmanship. PRICED AS FOJ.l.O %s: install 2326' L.F. of 18' netting as described. Poles at 50' on center. Total Charge: S *Customer to locate all underground lines and utilities. Customer to he responsible for any permits and variances required and tbr location of net to be installed. "These prices assume a fairly level work area .Working on a berm could change the price or be impossible from an equipment standpoint. Adverse drilling conditions such as rock. groundwater, unstable soil conditions. etc. would be a change order based on time, labor, and materials. Spoils from holes to be spread near pole (no dirt hauled from site). Accepted I erns: Balance up( n completion. • Delivery time approximately 6 weeks a* 13�EG8 Please cal; with any questions. Sincerely, Charlie Parker (Pres.) loll Free 877-223-6387 - --3 _Qv c., 1 -149,71 -7717 \43-tth Axnri •c,\Thr-}i c v3 s T 2SY'4"J 1 nu r 7i1►47 L-�►C am.- a LQT' i 4-b 7i C1 Qs1 o ;xi 1-,yird YyLL cirri -177\ner2 1..--esnro-kuckl-1 T-4-494 rissNib c2-aet1 l•rtiervt97) sr)‘'n-t - }-19-rd AMMOOMIR $ 1V1O1 MS a I S I $ 11401 SP9E act, 0z6 Kt en 'Ur 0LE huoyd c .908 Or; ,,ose; z� 8DM lvaet :pagda»y Pall a ao I! M satpiuenb :enjoy 'aj thpol$ 'sse:Q dins of lapio ut siroH pe ewgsq., MOW $ 2:1H OOg $ 2!H 00 OP IIIIIII$ Sl 00 1 •old Nun Pun Alt Lo 1eo LZ9 180 uogezt(Igon tiondpaiia 9102 1 Anniga j a6p'H is peb 1ua){ ufd so'ue6ip 4y • • • • ;ACC Golf ' Netting/ -Are- t,• Golf Netting,.' • 5B" Gat Steel Eyebolts 3/8" Ptak Sinai Snap Hooka Pah/ Rope 8crder 3!8" Gale Steel As Proposed for A-1 Organics UtiSpec cable t• Drawing not to WV Galy Steel x t8 3 1 i L i 1 i. 1 * J • C J •r r -r---r-r , " I S k 1 f WitSpac cilble Yearn Salop Cos ! 7 7 C t I Treated utility poles set 8' to 10' Jeep with VETTEXx GFX +Ve!iing Poles set 517 7o center HeiicaS or twst out style anchor backfill tamped J • Statement of Facts 1. Al Organics operates a composting facility at 12002 WCR 59, Keenesburg, Colorado. 2. Al Provided Weld County an application for a Certificate of Designation, a Site Specific Development Plan, and a Special Review Permit, and all supporting materials such as a Design and Operations Plan for review and approval within the application. 3. Al's Site Specific Development Plan and Use by Special Review Permit are subject to Weld County's Development Standards 1 through 27 4. Within the Design and Operations Plan and at the request of Weld County, Al describes plans to control: dust, odors, and flies as required. 5. Al describes an approach within the Design and Operations Plan to remedy on -site and/ or off -site nuisance conditions such as wind-blown debris'. 6. Weld County resolves to conditionally approve all of the submitted application materials such as Al's plans and or approach for the occurrence of nuisance conditions. 7. In approval of the USR permit, Weld County subjects the facility to Development Standard 13: "Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions." 8. Based upon the merits of the application, Weld County granted Al a Certificate of Designation, a Site Specific Development Plan, and a Use by Special Review Permit. 9. Al operates the facility in accordance with its Design and Operations Plan and Weld County Development Standards. 10. During operation of the facility, wind-blown debris have been and are controlled at the Site using several industry -standard best management practices as discussed the governing body (Weld County). See Exhibit A 11. On December 1, 2017, Weld County conducted an inspection and noted there was "windblown debris that had left the site boundaries." 3 12. On December 13, 2016, Weld County observed wind-blown debris along the fence line.' "Nuisance conditions that may occur on or off site will be dealt with on a specific occurrence basis. Remedies or procedures necessary to remedy a specific condition will be arrived at through discussion with the governing body." Al D&O Plan dated July 24, 2000 "During the inspection, it was noted that there was windblown debris that had left the site boundaries." WCDPHE correspondence dated January 3, 2018. "At the time of the December 13, 2016 inspection there was debris around the fence line." WCDPHE correspondence dated January 20, 2017 13. In November 2017, Al initiated a plan to construct an 18 -foot tall litter fence for greater control of the wind-blown debris, and Al communicated its plan to the adjoining landowner: Mr. Art Guttersen. 14. Upon objection by Mr. Guttersen, Al elects not to install the litter fence as planned. 15. Al thereafter proposed alternatives for mitigating the nuisance conditions to Mr. Guttersen, but he rejects Al Organics' alternative offers to mitigate the nuisance. See Exhibit B 16. On January 3, 2018, Weld County issued the second semi-annual inspection report for the inspection that occurred on December 1, 2017, and found that "the facility is generally in compliance" but requested that Al "provide WCDPHE with information on how A-1 Organics intends to deal with the ongoing [wind-blown debris] issue."9 17. Al provided WCDPHE the requested information in an email dated January 10, 2018, and indicated it would install an 18' tall litter fence. 18. On January 17, 2017, Weld County issued the second semi-annual inspection report for the inspection conducted on December 13, 2016 and finds that "the facility is generally in compliance. 11 19. A January 25, 2018 correspondence from Weld County recognized Al Organics' efforts to control of windblown debris, but requested additional information to further control wind-blown debris. 13 20. On January 31, 2018, Al provided Weld County the requested additional information and specifically related to Al's plan to construct an approximately 18 -foot tall litter fence. 21. At all times relevant to the notices from Weld County related to wind-blown debris, Al has (i) collected and removed wind-blown debris from the fence lines and the neighboring property; (ii) been in active discussions with Weld County regarding potential remedies for wind-blown debris; (iii) implemented remedies as discussed and approved by Weld County; and (iv) actively controlled wind-blown debris using best management practices in accordance with its D&O Plan and as discussed with and approved by Weld County. 22. Weld County acknowledged that Al and Weld County, in accordance with the approved D&O Plan for the abatement of nuisance conditions, are "in discussion" of potential 9 "Please provide WCDPHE with information on how A4 Organics intends to deal with the ongoing issue." WCDPHE correspondence dated January 3, 2018. 11 "Based on the inspection, it appears that the facility is generally in compliance." WCDPHE correspondence dated January 20, 2017 "WCDPHE recognizes the efforts by 4-1..." WCDPHE correspondence dated January 25, 2018. • procedures and remedies to deal with the alleged nuisance since at least January 25, 2018. 23. Al Organics' approach to remedy the blowing debris though a litter fence and debris removal is reasonable as evidenced by David Stewart, P.E., a professional engineer and agent of Mr. Guttersen, who generally recognized Al Organics' approach to remedy blowing debris as acceptable. 16 24. Al Organics provides valuable waste diversion options that benefits the people of Colorado and assists the State of Colorado in achieving their goals to divert solid waste from landfills. 25. Through association with the Compost Manufacturing Alliance, Al Organics is innovative and advances scientific research in the "compostability" of food service products with the aim of eliminating debris in compost. 26. On the merits of our excellent regulatory compliance history, the State of Colorado recognizes and rewards Al Organics as a gold leader in the Environmental Leadership Program for going above and beyond regulatory compliance and Al's commitment to continued environmental improvement. See Exhibit C 27. The larger solid waste community supports Al Organics' efforts for solid waste diversion, as evidenced by the volunteer clean-up efforts. See Exhibit D 28. The community members of Weld County and Colorado support Al Organics' efforts for solid waste diversion, as evidenced by numerous letters of support submitted by Al. See Exhibit E 29. Al has initiated enhanced clean-up efforts since 2018. See Exhibit D 16 "In late January, [Al] stated that they will be constructing a trash fence to stop or greatly reduce the trash blowing from the site. They also hired a day crew to do pick up of the trash. While this is an acceptable attempt to resolve the trash issue..." Dave Stewart, P.E.; Letter Report to Weld County, dated February 22, 2018 • Exhibit A List of Existing Debris Control Measures • Earthen berms • 6 -foot litter perimeter fence • Hurrikan vacuum during screening • Regular and frequent clean up crews • Windrow capping • Weather station — high wind monitoring • Shred processing of food waste feedstocks replaced grinding • • Exhibit C Environmental Leadership Program • • COLORADO Environmental Leadership Program MEMORANDUM OF AGREEMENT Between THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT And Al ORGANICS CONCERNING PARTICIPATION IN THE COLORADO ENVIRONMENTAL LEADERSHIP PROGRAM The Colorado Environmental Leadership Program (program) is a voluntary program that provides the regulated environmental community with incentives to go beyond basic compliance with environmental laws and regulations. Applicants must meet all program requirements to obtain admission into the program. II. Acceptance into the program renders the participant eligible for various incentives set forth in department policy; however, the program does not guarantee to the participant all the incentives listed in the policy. III. By entering into this Memorandum of Agreement (agreement), the department recognizes that Al Organics has met all of the application requirements of the program. IV. By entering into this agreement, Al Organics agrees to abide by the requirements for participating in the program and to any commitments made to the department during the application negotiation process. V. This agreement shall expire three years from the date of issuance. Date of issuance: August 14, 2017 L olk, MD, MSPH Executive Director and Chief Medical Officer Colorado Department of Public Health and Environment X Chris Skelton Al Organics • 4300 Cherry Creek Drive S., Denver, CO 80246.1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickentooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer • • k • • 4 •r7 • • COLORADO Environmental Leadership Program Department of Public Health & Environment Handbook 2018 • • • COLORADO Environmental Leadership Program Colorado Department of Public. Health Et Environment Environmental Leadership Program (ELP) Handbook Revision Date: 1123/18 Table of Contents Page 1.0 Purpose I 2.0 Definitions 2 3.0 Eligibility Requirements 5 4.0 Requirements for Supporting Role 5.0 Application and/or Nomination to the ELP Process 6.0 Retention, Probation and Termination of Designation/ Benefits 10 7.0 Probation or Termination of Program Tier Designation and Benefits 12 8.0 ELP Benefits 12 Appendix A - Environmental Management System (EMS) Requirements 14 Appendix B - Incentives Table Website: https:/ /www.cotorado.gov/pacific/cdphe/environmental-leadership-program Phone: 303-692-3477 Email: Lynette.Myers@state.co.us 1 24 • • • COLORADO Environmental Leadership Program Colorado Department of Public Health & Environment Environmental Leadership Program (ELP) Handbook Revision Date: 123/18 1.0 PURPOSE The Environmental Leadership Program (ELP) is a voluntary program that encourages and rewards superior environmental performers that go beyond the requirements of environmental regulations and move toward the goal of sustainability. The program is open to all Colorado businesses, industries, offices, educational institutions, municipalities, government agencies, community, not -for-profit and other organizations. Currently, the program consists of three tiers, Bronze, Silver and Gold. The purpose of this document, The Colorado Environmental Leadership Program (ELP) Handbook, is to provide a central reference for policies and procedures associated with Colorado's ELP. The Handbook summarizes information on current aspects of program implementation, including eligibility requirements and member incentives. To further clarify and interpret program criteria, guidance information is also provided and clearly marked as "guidance". The Handbook is a perennial "working document" that will be maintained primarily in electronic form so that program updates can be incorporated into it quickly and frequently. 2.0 DEFINITIONS As used in this document, unless otherwise specified or the context otherwise requires, the following definitions are provided: 1. Advisor - any entity that at a minimum complies with the mandatory elements included in this document and has been so designated by the department as an Advisor to the ELP. 2. Advocate - any entity that at a minimum complies with the mandatory elements included in this document and has been so designated by the department as an Advocate of the ELP. 3. Applicable environmental requirements - the federal and state environmental statutes, regulations and policies applicable to the entity. 4. Aspects - those processes, products and activities over which an entity has control and that can or has the potential to positively or negatively interact with the environment. 5. Auditor - a person that is qualified to conduct an EMS audit. Auditors can be internal or external auditors. An internal auditor is a person that is employed at the facility being audited and is qualified, as determined by the facility, to conduct an EMS audit at the facility; an external auditor is a person that is not employed at the facility being audited and is qualified, as determined by the department, to audit for conformance of the EMS to the criteria set forth in this document. 6. Bronze Tier - an Environmental Achiever or the entry-level tier of the ELP. 7. Department - the Colorado Department of Public Health and Environment. 8. Entity - any facility of a corporation, partnership, sole proprietorship, municipality, county, city, city and county, special district, educational institution, not -for-profit, or state or federal department or agency located and doing business in Colorado. 9. Environmental Achiever - a Bronze Tier designation under the ELP designed to recognize entities that have made significant achievements in improving the environment in Colorado. 10. Environmental Leader - any entity that at a minimum complies with the mandatory elements included in this document and has been so designated by the department to the Gold Tier of the ELP. 11. Environmental Leadership Program (ELP) - the bronze, silver, gold tiers of the department's recognition and reward program. 12. Environmental management system (EMS) - part of an overall management system that identifies and addresses environmental concerns through the allocation of resources, assignment of responsibilities and ongoing evaluation of practices, processes and procedures to achieve sound environmental performance. �,;� 2- 24 • • COLORADO Environmental Leadership Program Colorado Department of Public Health & Environment Environmental Leadership Program (ELP) Handbook Revision Date: 1/23/18 13. Environmental management system audit - a systematic, independent, and documented verification process, conducted by an EMS auditor, which objectively obtains and evaluates evidence to determine whether an entity's EMS conforms to the requirements of an EMS as defined in this document. 14. Environmental Partner - any entity that at a minimum complies with the mandatory elements included in this document and has been designated by the department to the Silver Tier of the ELP. 15. Environmental Steward - any entity that at a minimum complies with the mandatory elements included in this document and has been designated by the department to the Platinum Tier of the ELP. 16. Executive Director - the executive director of the Colorado Department of Public Health & Environment. 17. Facility - all contiguous property, land and structures under the control of the owner or operator and used for a designated purpose. 18. Gold Tier - an Environmental Leader of the ELP. 19. Impacts - positive or negative changes that occur in the environment as a result of the aspects. 20. Objectives - overall environmental goals set by the entity to mitigate impacts and lead to improved environmental performance. 21. Pollution prevention - eliminating or minimizing the initial generation of waste at the source or using environmentally sound on -site and off -site reuse or recycling. Waste treatment, release or disposal is not considered pollution prevention. 22. Program tiers - the Bronze, Silver, and Gold tiers of the ELP. 23. Responsible official - an individual who has the authority to sign and certify on behalf of an applicant to the ELP the truth, accuracy and completeness of the application or compliance forms. 24. Serious violation - a violation that is prone to cause significant impact to human health or to the environment, which may include, but is not limited to: violation of a consent order; failure to obtain a permit or license; a knowing violation; failure to respond to official request for information; or multiple (environmental) violations. A conviction for criminal violations or under investigation for criminal violations of applicable environmental laws, or out -of -court settlements of formal charges, including falsely certifying compliance and knowing violations; or an on -going EPA or state -initiated litigation. 25. Significant environmental achievement - a meaningful improvement in the environment by implementing an operational change, product replacement, new technology, business practice or other innovative measure that results in an improvement to air quality, water quality, a reduction in water use, solid or hazardous waste generated, energy usage, pollution prevention, an Energy Star certification, etc. 26. Significant impacts - the impacts as determined by an entity that could cause significant changes in the environment or cause harm to public health. 27. Silver Tier - an Environmental Partner of the ELP. 28. Substantial compliance - an entity is committed to maintaining compliance with applicable state and federal environmental regulations, as necessary, to qualify for the ELP. 29. Supporting role - participation in the ELP either as an Advisor or an Advocate. 30. Targets - specific goals that are set to meet the objectives. 31. Waste - any material or other resource that is not incorporated into a product, such as surplus, obsolete, off -specification, contaminated or unused material and includes any of the following: air emissions, water discharges, hazardous waste and solid waste. -7. 3 2 4 • • COLORADO Environmental Leadership Program Colorado Department of Public Health Et Environment Environmental Leadership Program (ELP) Handbook Revision Date: 1/23/18 3.0 ELIGIBILITY REQUIREMENTS Requirements for Program Tier Status Those entities that operate in Colorado and voluntarily seek or agree to designation in one of the program tiers must meet the compliance and beyond -compliance eligibility requirements below. 1. Compliance -Related Requirements Compliance -related eligibility requirements for an entity that voluntarily seeks or agrees to designation at one of the program tiers of the Environmental Leadership Program can be found in below. 2. Beyond -Compliance Requirements In addition to the compliance -related requirements, there are beyond -compliance requirements for each of the program tiers. These requirements are described below. Requirement Period of Time Bronze Sit..., er Gold An entity may not be eligible to participate in the program if there has been a pattern of regulatory or permit violations. notices of violation, civil penalties and/or criminal penalties and significant compliance advisories (or informal enforcement actions) that indicate a lack of commitment to environmental leadership. Evidence of no serious violations of applicable local, state and federal environmental laws and permits for a period of time immediately prior to the date of submission of the application for participation in the program. One year One year Three years No conviction of environmental laws or out -of -court settlements of formal charges of criminal violations within a period of time before filing the application. Two years Two years Five years No settlement agreement has been entered into and no compliance or consent order has been issued for serious violations of environmental laws and permits for a period of time immediately prior to the date of submission of the application for participation in the program. One vn . One year Three years Any entity that applies for the program and is part of a corporation, partnership, sole proprietorship, municipality, county, city and county, special district, or state or federal agency or department that has other Colorado facilities may not be eligible for the program unless all of the said Colorado facilities are in compliance with applicable local, state and federal environmental laws and regulations. This provision will be looked at on a case -by -case basis. At time of application `Compliance history and the evaluation of commitment to the environment will be determined on a case-by- • • • COLORADO Environmental Leadership Program Colorado Department of Public Health Et Environment Environmental Leadership Program (ELP) Handbook Revision Date: 1/23/18 case basis by ELP and Department environmental staff and management. A. Bronze Achiever The Bronze Tier of the ELP is for entities making a significant achievement(s) in improving the environment of Colorado and/or positive community impact. The areas of achievement, which must be beyond compliance, may include one or more of the following: • Improvement in air quality; • Improvement in water quality; • Reducing water usage; • Reducing energy use (e.g. an Energy Star achievement); • Solid and/or hazardous waste reductions; • Implementing pollution prevention actions; • Land use improvements or protection; • Environmental education, outreach or mentoring; • Positive Community/Social impacts and/or, • Other innovative measures which benefit the environment. B. Silver Partner An entity applying to the Silver Tier of the ELP must commit to develop and implement an environmental management system (EMS) within an agreed upon timeframe, not to exceed three years, in addition to meeting the requirements for "beyond -compliance" activities and programs. Certain milestones (at a minimum) must be met to remain in the program, however, an entity has the opportunity to apply to the Gold Tier sooner if they meet the following requirements: (NOTE: Not al! requirements may apply and will be determined on a case -by -case basis). • By the end of year one the entity must, at a minimum, demonstrate "in process" EMS implementation steps beyond that of the time of applying to the program. • By the end of year two, the entity must, at a minimum, have in process additional portions of an EMS beyond that of the first year. • By the end of year three, the entity must have a fully functional EMS, conducted a third party audit and comply with all the requirements listed in Appendix A. At such time, an entity may apply directly to the Gold Tier. NOTE: A Silver Level company may apply to the Gold level before the three year time -line should it meet the criteria requirements of the Gold level. C. Gold Leader To qualify for designation as a Gold Leader, an entity MUST: • Have in place a fully operational, facility -specific EMS. • Have completed at least one full cycle of an EMS that conforms to the criteria set forth in Appendix A (a full cycle includes planning, implementation and operation, checking and management review). • Have completed both an EMS and internal compliance audit. • Have completed a third -party assessment of the EMS. (Third -party assessments may be performed by a lead auditor in your parent company or by an independent auditor, but not by individuals who played a substantive role in developing the EMS for the facility). • • • COLORADO Environmental Leadership Program Colorado Department of Public Health & Environment Environmental Leadership Program (ELP) Handbook Revision Date: 1/23/18 • Provide a summary, on -site review or some other documentation of an entity's EMS that demonstrates achievement of the criteria set forth in (Appendix A). • Demonstrate "Past Achievements" in order to show commitment to improving environmental performance. In general, small entities (50 employees or less) will be asked to demonstrate one Past Achievement, and large entities four. • Set continual environmental improvement goats "Future Commitments" as the means to achieve environmental excellence. Future Commitments should be based on a sound systematic approach to environmental decision -making and goal setting, supported by measurable results. The number of Future commitments an entity must set depends on the size of the entity as determined by the department. In general, small entities will be asked to set two continual improvement goals and large entities four goals. Guidance: Continual environmental improvement goals should promote the following: (1) the elimination or reduction of waste at the source of generation; (2) redirection of waste streams for reuse or for substitution of commercial products; (3) environmentally sound on -site and off -site recycling programs; and, (4) beyond compliance activities and programs. Other goats may include attending or sponsoring environmental workshops, developing case studies, establishing pollution prevention networks with suppliers or providing the department with pollution prevention information for possible publication or dissemination. Aspects are chosen by the facility. Commitment for improvement should relate to the significant environmental aspects identified in the EMS and should take into account local environmental priorities and pollution prevention opportunities. Optional activities or programs that qualify for continual environmental improvement can include participating in mentoring opportunities with other companies or organizations such as providing technical assistance and exchanging innovative technologies, attending or sponsoring workshops and developing case studies. 4.0 REQUIREMENTS FOR SUPPORTING ROLE The supporting role in the ELP is designed to enhance and complement the overall program. Those entities that operate in Colorado and agree to participate in a supplementary rote as an Advocate or Advisor must meet the requirements outlined below. 1. Advisor This section applies to an individual or group that acts in an advisory capacity and assists in shaping the future of the ELP. Examples of existing or expected advisory capacities such as the Pollution Prevention Advisory Board • Internal Advisory Panel The Internal Advisory Panel consists of representative(s) from each of the environmental divisions (Air Quality Control, Division of Environmental Health and Sustainability, Hazardous Materials and Waste Management, Water Quality Control) at the department. • External Advisory Panel The External Advisory Panel consists of current ELP Members. 2. Advocate P : j 7 2.3 • Exhibit D Rattler Ridge Compost Facility Debris Management Activities • • Rattler Ridge Compost Facility Debris Management Activities Doda BioSeparator installed at Al Organics Stapleton Site from 2009 to 2014 separated debris from the organic materials stream. The organic slurry was then transported to Rattler Ridge to be used in the composting operation. Site debris substantially improved during the operation of the Doda. Tiger De -packaging System located at the Heartland Biogas Project Digester Processing System operated from March 2016 to January 2017. The Tiger removed packaging and debris from the organic material stream collected by Al Organics. Generator Training on reducing contamination have been regularly conducted at seminars, workshops, site tours, CAFR and SWANA presentations, as well as community recycling events. These activities have been a part of Al Organics program since we began receiving and recycling consumer food waste. Site Cleanup with Day Labor Hires has been regular part of Al Organics process for debris management. The following figures represent this effort over the past 16 months. 2017 Total -- 132 hires, 1,409 hours, $31,097 spent 2018 YTD -- 61 hires, 112 hours, $17,740 spent Community Clean up Events Phase I — 7apr18 65 volunteers plus 20 Al Organics Personnel Volunteers from Weld, Larimer, Adams, Boulder, Jefferson and Denver Counties Phase II — 28apr18 scheduled Map of Cleanup Area (See Pictures) Site Improvements and Procedures Debris Fences — Existing, Under Construction and Planned Improvements (See Pictures) 18 Foot Litter Fence Installation Scheduled Dec 2017 Postponed as per neighbor request Installation under current construction (See Pictures) Cap & Contain Windrow Treatments is a procedure that is designed to keep debris within a windrow. The windrows are also being laid out in an East/West orientation with the expectation that lose debris will be channeled into the fence system. (See Pictures) Rake, & Vacuum Truck are implements that have been secured to collect debris on site that has been liberated during normal composting operations. (See Pictures) Diversion of Suspect Material Al Organics has rejected grossly contaminated loads whenever possible. We have temporarily suspended receipt of certain streams of material that have a higher potential to add debris to the Rattler Ridge Composting Site. April 7, 2018 Volunteer Cleanup Area 18 Foot Debris Fence Under Construction • • • r 1O,1a. H �I l\. ,'� t ;j t k\: \t !I ':‘P -Anti 3 add. - a:" `,jt'?et 111,1 Weld County Commissioners 1150 O Street PO Box 758 Greeley, CO 80631 Dear Weld County Commissioners and Staff, The City and County of Denver is writing to you to express its support of Al Organics. Al Organics has been a leader in advancing the infrastructure for the composting of organic materials in the State of Colorado for more than 40 years and has worked directly with the City and County of Denver for more than 20 of those years. As a family owned business, Al Organics has continued to maintain the highest degree of integrity. and our experience is that they continually work to solve problems that arise and find solutions to any challenges they are confronted with. In addition, the composting of organic material is critical to Colorado's economy and environment, and as we throw away tons of food scraps and yard trimmings, our soils are eroding and losing nutrients, and damaging our waterways. Composting is a local form of recycling where we not only keep organic material out of the landfill for better use, but we create local jobs, and the ability to use the final compost product in our state as well. In fact, composting waste create 3 times more jobs than sending material to the landfill. Because of this, we ask that you offer Al Organics the opportunity to solve their recent litter issues related to high winds. We understand they have already made progress in beginning to install litter fencing and had an organized a clean-up on April 7th in which City and County of Denver staff participated. Thank you for your time and attention. Best regards, Councilman Jolon Clark, Denver City Council • Exhibit E Community Support Letters • Apr 11 18, 06:27a p.1 • • To: Weld County Comrioners From: Dale Aigaki /1 ;' -i c, 4-,�L- .�1��z� Green Acres Turf Farm C) Hudson, Colorado Subject: Letter of Support -regarding A-1 Organics Date: 4/9/18 This letter of support regarding the operation of A-1 Organics is based on over twenty five years of a working business relationship with the firm and thirty plus years of a personal knowledge of one of its key figures, Bob Yost_ Having operated with various businesses across Colorado for over fifty years and a good portion in Weld County, please accept this letter of support as a whole hearted recommendation of the firm as one of being the finest of all organizations we have worked with. Please accept the following statements of support as my sincere appraisal of a firm that Weld County can be proud of having its operation headquartered in the county. As a company, A-1 Organics: I) has brought to the state a much needed service that is key to the recycling of materials that turns what would otherwise be scrap into_valuable-commodities for the green industry which cannot be done by the traditional chemical routes. 2) has conducted business with its clients and its operational activities as a firm of the highest character, with the finest technological sound practices and in my opinion is one one of the leaders in benif itting the overall economy of the state by operating a business whose major purpose multiplies strategic resources in areas of effective water usuage, consumer benefit through non chemical means in the growing area of food production, and enhancing technological knowledge that is more critical to the region as a whole in the enhancement of soil technology knowledge that impacts the health of its citizenry, 3) has given generously of its resource and knowledge to non profit organizations throughout the years to enhance to completion of projects that in many cases would have settled for inferior outcomes without their participation. On a more personal note my involvement with A-1 Organics and one of its key leaders with the organization, Bob Yost has been one in which Bob's leadership can only be described as soneonewho consistently operated this business with integrity that exceeds 99.5% of the business community, and whose sincerty of heart and work ethics matches organizational leadership that across the county Apr 11 18.06:27a p.2 • makes him one of the elite in that community. His integrity is but part of an organization whose priority in general is to focus on an industry of staff that support such a value system. It is without reservation that I support Bob and the team at A -I Organics to you. If need be I will personally meet with you to describe in detail how this organization is a leader in blessing its industry, the people of Colorado, and all who come in contact with A -I. • • • • April 10 2018 Weld County Commissioners 1150 O Street Greeley. CO 80632 Dear Weld County Commissioners I am writing on behalf of Denver Urban Gardens (DUG) to voice support for Al Organics and the important roll they play in providing high quality compost to more than 100 of our community gardens in the six -county. Metro Denver area. DUG exists to promote the growth of deeply -rooted community among neighbors and youth and to provide an opportunity for people to grow their own healthy food. The latter part of this goal is made possible in large part due to the rich compost. provided by Al Organics. that adds organic matter to Colorado s dense. clay soil. We have worked with Al Organics for over 15 years and in 2017 alone. DUG purchased and distributed over 1,167 cubic yards of compost to our urban garden network. Finally. DUG is aware of what it means to be a good. community -oriented neighbor. We wish to recognize Al Organics' responsiveness and proactive demeanor in addressing their neighbors complaints as well as the increasing volume of materials they are processing. As a community -minded business. their approach has been indicative of our shared values and relationship with them over the past 2 decades. Denver Urban Gardens finds Al Organics to be a responsible. responsive. small business with community at the heart of their operations. We hope the Weld County Commissioners will too. and will support them in being the best community business they can be. With gratitude for your time and consideration. Denver Urban Gardens Michael Buchenau, Executive Director 1031 33rd Street Suite 100 • Denver. CO 80205 • 303.292.9900 dirt@dug.org•www.dug.org 124th Avenue April 10, 2018 Weld County Commissioners Weld County Colorado PO Box 758 Greeley, CO 80632 Weld County Commissioners: The City and County of Broomfield (Broomfield) is pleased to provide the Weld County Commissioners with this letter of support for AI Organics. Broomfield, as a Weld County land owner since 1996, purchased a 1426 acre farm located in Weld County near Weld County Road (WCR) 49 and 44 as part of our biosolids master plan. As a local municipality and county, we understand the importance of managing our assets for the benefit of those we serve and those who are our neighbors. Broomfield's goal in purchasing this farm is to provide sustainability for our biosolids program while at the same time providing for an environmental friendly and safe means of beneficially reusing our biosolids. We accomplish these goals through leasing the farm to a local farmer for continued operations as an active producing farm and contracting with a local Weld County business, A 1 Organics, to process our biosolids and create a Class I compost product prior to applying the biosolids to Broomfield's farm. We believe by composting, Broomfield is striving to accomplish our role in environmental stewardship to protect public health, safety and welfare. We understand that natural resources are finite and are enhanced, maintained, or diminished by our actions. Broomfield has contracted with A 1 Organics since 2008 to provide composting services for our biosolids. On December 16, 2016, Broomfield approved a long term agreement with A 1 Organics to continue providing composting services through 2022 with authorization to approve a second 5 year agreement through December 31, 2027. This agreement and A 1 Organics operations have provided us the opportunity to achieve our goal of providing for an environmental friendly and safe means of beneficially reusing our biosolids. The compost they produce and that Broomfield uses is an STA (Seal of Testing Assurance under the United States Composting Council) Certified compost. Our long history with A 1 Organics has been a positive one. We have found A 1 Organics to be responsive and responsible to challenges and can thus provide this letter of support. 441.t. *12,411,1MIERICAN et-rtrof- netref, LLB 259 30th Street Greeley, CO 80631 Phone: (970) 584-1840 Al Organics Weld County Commissioners - Greeley, CO, April 11, 2018 I would like to take the time to communicate to whomever will listen about the importance Al Organics' Foodwaste Composter is to our core business, suppliers, and our [nearly] 200 employees. As a meat manufacturer (meat ingredients for pet food use) that employs 191 people in the Greeley area, we rely on supply from several of the local packing houses in the area (two of which are also located in Weld County). We work together to ensure that the materials we manufacture create a healthy and substantial base for the food we feed our loved ones. Sometimes, the raw materials that we receive are off condition (meaning: they're testing too low in protein, too low in fat, etc.) and we cannot make use of them. With increasingly fewer places to turn to, Al Organics has always been able to make constructive use of these materials through their previous association with the • Heartland Digester (currently inoperable) and their composting operation. While the disposition method may not mean much to most people, it is exactly this disposition that continues to help the agricultural community all over the country, but especially in Greeley. Greeley is known through the state (and outside) as being the agricultural hub of the state and without Al Organics, we feel this would severely hinder the industry from flourishing as they've done recently. I understand the concerns of the adjacent neighborhood, but I also know that Al will put in place the operational and facility improvements (fencing, proper planning, etc.). I truly hope this can be worked out reasonably and rationally as this is what any community needs to do in order to bring itself up. We rely heavily on Al Organics and would absolutely be devastated to see any lasting implications precluding them from helping out the community. We welcome any questions or further discussion on this topic. Grateful for Your Time, Michael Yousif • 7 Bob Yost om: nt: To: Subject: Sent from my iPhone Begin forwarded message: • • y„„ Travis Bahnsen Monday, April 09, 2018 3:25 PM Bob Yost; Kent Pendley Fwd: Volunteer Clean Up From: "Scott, Morgan" <scot0957@bears.unco.edu> Date: April 9, 2018 at 4:10:59 PM EDT To: Travis Bahnsen <TravisBahnsen@alorganics.com> Subject: RE: Volunteer Clean Up Hello Travis, That is amazing news to hear, I am so grateful for this community! Okay I will stay closely tuned for ideal times... but just as a warning most of my members are college students and we go on break May 5th for the summer. We can still advertise a clean-up date for you past this time but most members won't be able to participate if it's past the 5th Can't wait to hear from you, } 1.16: From: Travis Bahnsen mailto:TravisBahnsen@alorganics.com] Sent: Monday, April 09, 2018 1:39 PM To: Scott, Morgan <scot0957@bears.unco.edu> Cc: Bob Yost <BobYost@a1organics.com>; Kent Pendley <KentPendley@alorganics.com> Subject: Re: Volunteer Clean Up Hi Emmy, Thank you for reaching out to us. The support we have received from people like your group is very humbling to us. We had a great turnout on Saturday and made a big dent into the problem. I am copying Bob and Kent here as we have had many offers to continue to help us get the problem to a manageable condition. We will reach out to you as soon as we figure out some ideal times for another day. Sincerely, Travis Bahnsen President 970-454-3492 Bob Yost lint . To: Cc: Subject: Hi Sierra, Travis Bahnsen Tuesday, April 10, 2018 5:34 PM Sierra Ondo Bob Yost; Kent Pendley Re: Urgent Action Call Thank you so much for reaching out to us. We had a great event on Saturday and made a big dent on the problem. We are trying to organize another event as we have had a lot of interest from people like yourself including other UNC students. Once we get the dates we will follow up with you. We are trying to get something going before the school year is out. It has been a very humbling experience to have such great support from so many people who want to see material diverted from landfill. Sincerely, Travis Bahnsen President 970-454-3492 Sent from my iPhone n Apr 10, 2018, at 4:13 PM, Sierra Ondo <sierraondo@gmail.com>wrote: > > Hi! My name is Sierra Ondo and I currently attend UNC. I recently heard about your current issue at your composting infrastructure and wanted to know how I can volunteer or help. I understand I missed the call to action day that you guys posted in your letter. If there is another day I can help volunteer, please let me know! Thanks ! > > - (808) 681-9269 > Sierra Ondo • 1 • • ENTERPRISES, INC.-) 7247 East County Line Rd. Longmont, CO 80501 (303) 7724577 Metro 442.6829 Fax (303) 442.5706 April 12, 2018 Weld County Commissioners 1150 O Street Greeley CO 80632 Re: A-1 Organics To Whom It May Concern: We are writing today to advocate and show great support for A-1 Organics. We have had a good standing long term relationship with A-1 Organics for over 30 years. We are an environmental resource and recycling based company with several agricultural and commercial buildings based in Weld County. We have been in business for over 50 years with over 100 employees that largely reside in Weld County. We do agricultural and commercial projects all over the State of Colorado and surrounding states. Since a large percentage of our customers are based in Weld County, A-1 Organics is a very important part of our company production and a valuable asset to not only us but our customers. Many of our contracts require recycling of various waste collected throughout the State of Colorado and surrounding states. Because of this we depend on our work relationship with A-1 Organics. They have always been extremely responsive and efficient on a daily basis. As you can see we value our business with A-1 Organics. We depend on their knowledge and efficiency to complete the tasks we are hired for. Recycling should be an asset to everyone and because of our great work relationship with each other we are definitely doing our part. Please feel free to contact me if you have any questions or if you would like some more information. You can reach me at (303)772-4577 or by email mcfarmsl@aol.com Sincerely, Azin(( syccace,/ ie R. McDonald resident McDonald Farms Enterprises, Inc. EXHIBIT • • • I MENTOR \ 1) I * 11 TO: WCDPHE FROM: Al ORGANICS SUBJECT: MONTHLY UPDATE - DEBRIS CONTROL AND ABATEMENT DATE: JUNE 18, 2018 A 1 Organics provides this brief memorandum to document our progress to further control and abate off -site debris. This update was requested by Weld County in a correspondence dated February 13, 2018. If you have any questions or concerns regarding this memorandum, please contact AI Organics at your convenience. UPDATE: • The 18' tall litter fence installation was completed in April, and the fence appears to be effective in controlling debris from leaving the facility. • The 6' tall fence enhancement and additional fence installation was completed in April. The 3' tall fence was improved with the addition of wire mesh. The improved 6' and 3'fences along with additional 6' fence appear to he controlling debris from leaving the facility. • Expanded debris clean-up by hired labor has continued and was conducted as follows: o Approximately 90 individuals on 24 days (avg 3.75 man/day) from May 14th through June 15`r' collected debris on and off site. Additional clean- up will continue as weather allows and necessity exists. • Debris cleanup has focused on on -site locations with significant progress observed and documented. • All onsite foodwaste/compostable packaging windrows have been modified to a cap and contain system (compost or clean wood capping to contain any surface compostable debris material). • Labor resources are directed to remove by hand undesirable waste from incoming pre -approved food waste loads. • Ecogro: the compost with food waste and debris is now being screened, and the hurrikan system is successfully removing debris into a containment system for off -site disposal. • • • • On -site cleanup has continued using hand labor and the high suction vacuum truck and rake system with noticeable success. (Photographs) • As part of our revised EDOP, A 1 Organics provided CDPHE and Weld County the Contingency Plan and associated Debris Control and Abatement Plan for review, comment and approval. CDPHE in consultation with Weld County approved A 1's Contingency Plan and associated Debris Abatement Plan in the attached letter dated May 25, 2018 • AI is completing the next draft EDOP revision in accordance with CDPHE requirements and timelines for a June 22, 2018 submittal. • Al has continued meetings and discussions with customers on increased education and training surrounding enhanced removal of plastics in compostable feedstocks and ideas for their waste diversion. • Weld County inspected the site on June 8, 2018. Weld County observed the debris abatement or "control" measures A I implemented and found that the control measures appear to have mitigated the off -site debris issue. • As requested, AI continues to abide by the approved Contingency Plan and Debris Abatement Plan. • A 1's President. Vice President, and Chief Operations Officer routinely visit the facility to walk through the affected areas of the neighboring property to verify and ensure mitigation efforts are effective. • AI's President continues to reach out to the affected neighbor to discuss our efforts and progress made. Recent Photographs of clean-up follow: • • • MEMORADUM RECEIVED TO: WCDPHE FROM: Al ORGANICS MAY 16 2018 WELD COUNTY COMMISSIONERS SUBJECT: MONTHLY UPDATE - DEBRIS CONTROL AND ABATEMENT DATE: MAY 15, 2018 Al Organics provides this brief memorandum to document our progress to further control and abate off -site debris. This update was requested by Weld County in a correspondence dated February 13, 2018. If you have any questions or concerns regarding this memorandum, please contact A 1 Organics at your convenience. UPDATE: • The 18' tall litter fence installation is complete, and the fence appears to be effective in controlling debris from leaving the facility. • The 6' tall fence enhancement and additional fence installation is complete. The 3' tall fence was improved with the addition of wire mesh. The improved 6' and 3'fences along with additional 6' fence appear to be controlling debris from leaving the facility. • Expanded debris clean-up by hired labor has continued and was conducted as follows: o 4 People Ready laborers picked up debris 4-5 days per week from April 16, through May 12 and continue on site as weather permits o A second crew from Labor Works was retained to pick up debris beginning April 26, 2018 and are providing an additional average of 9 workers on site, weather permitting. • A second event clean-up day was conducted on April 28, 2018. This clean-up event was voluntary. Approximately 20 volunteers participated. • Debris cleanup continues to be focused on off -site locations first with significant progress observed and documented. • All onsite foodwaste/compostable packaging windrows have been modified to a cap and contain system (compost or clean wood capping to contain any surface compostable debris material). • On -site cleanup has continued using hand labor and the high suction vacuum truck and rake system with noticeable success. • As part of our revised EDOP, A 1 Organics provided CDPHE the Contingency Plan and associated Debris Control and Abatement Plan for review, comment and approval. • Al is completing the next draft EDOP revision in accordance with CDPHE requirements and timelines for a May 31, 2018 submittal. • In addition to the 5" asphalt overlay already completed on County Road 59, additional road improvements completed in May include the installation of speed bumps and infrared patching of pot holes where necessary. • A 1 has continued meetings and discussions with customers on increased education and training surrounding enhanced removal of plastics in compostable feedstocks and ideas for their waste diversion. • A 1 has initiated review of alternative composting methods such as the Gore system for potential use at the facility. The Gore System is a covered aerated static pile (ASP) system having a long history of effectiveness in composting of foodwaste streams that contain compostable packaging. o The proposed installation would utilize a pilot operation to be installed in July, operated and managed to determine composting effectiveness for a period of 3-4 months prior to installation of more permanent system based on the observed results. o www.Sustainable-Generation.com • • • • Pictures below were taken on 5/8/18 3 • • 4 t • • i., -• ...• •.... •'Sustatriat,Ie Generation :.'..;t.Fin;'.:li�'-LI:MPr�i;:n n.:. fill', SG Mega" System and Cover Winder Machine Food Waste Composting Solution Quotation for A 1 Organics ics ("CUSTOMER") 'sustainthle Genttatinr. 1.1.[: in the h lnurnlr refr-.ril ton "$(1" .L. Ln?re iSt . s:ela[t5 in the [ )L.0'. t1K refa7Gd t0 ,a8 • er07e. E'ct}:L..1 by Bred WI* pIlvuc: 3C3.E0t.3'14•i ' cuiai.: hn_1.hiryL sw;tainuble.;ieneratinn.curr rrtpareti Eric Qnh Vjt Al Orranics th't5II WCR 7o Fallon. CO tilkil5 SG Megan*' System with CORE® Corers MOBILE IIEAP DESIGN- do -Fluor AeratIu n SvNU m «: . .• hr.: S Nw,. Tv„ I. ,r tin r..,.. L .4. P 0 'r CC fir' .u'± C •1of.Crfl'li.I 11tf0LLtaaJl] CONTINGENCY PLAN Al Organics Rattler Ridge Organic Recycling Facility Delivery of Unapproved Feedstock, Bulking Material, Liquid Waste, or Other Waste Materials All materials received at the site are documented by the gate attendant. The gate attendant checks the document of materials and the generator against the approved materials list. The gate attendant may call the corporate office for any updated materials approvals not listed to determine if the materials could be accepted. Unapproved materials arriving at the site are held for an approval or rejected. Delivery vehicles and or generators of the rejected material may be provided with a list of disposal facilities. Should unapproved materials be mistakenly off loaded on the site, the materials will be isolated, and the generator notified to either return to pick them up, or in the event the generator cannot be identified or found, Al will manage the materials in accordance with all applicable laws, regulations, and ordinances. Surface Water or Groundwater Contamination Al has operated the facility since 2000 and has observed surface water conditions at the site for over 15 years. Observations during and after precipitation events show little to no surface run-on or runoff at the site or in the general vicinity of the Site. Although earthen berms have been constructed along portions of the Site primarily to contain windblown debris, the berms can provide runoff control if surficial sands ever become saturated to the point overland flow of surface water occurred. The facility was originally permitted with a waiver from constructing surface water retention features. The waiver is described in the facility's EDOP. In the unlikely event of a release of liquid waste that could potentially impact local surface water and/or groundwater quality, Al staff will respond immediately upon release discovery. The facility has sufficient earth moving equipment on site at all times to aid in the containment of a release. Therefore, immediately upon discovery, any potential release will be contained CONTINGENCY PLAN Al Organics Rattler Ridge Organic Recycling Facility Delivery of Unapproved Eeedstocki Bulking Material, Liquid Waste, or other Waste Materials All materials received at the site are documented by the gate attendant. The gate attendant checks the document of materials and the generator against the approved materials list. The gate attendant may call the corporate office for any updated materials approvals not listed to determine if the materials could be accepted, Unapproved materials arriving at the site are held for an approval or rejected. Delivery vehicles and or generators of the rejected material may be provided with a list of disposal facilities, Should unapproved materials be mistakenly off loaded on the site, the materials will be isolated, and the generator notified to either return to pick them up, or in the event the generator cannot be identified or found, Al will manage the materials in accordance with all applicable laws, regulations, and ordinances. Surface Water or Groundwater Contamination Al has operated the facility since 2000 and has observed surface water conditions at the site for over 15 years. Observations during and after precipitation events show little to no surface run-on or runoff at the site or in the general vicinity of the Site. Although earthen berms have been constructed along portions of the Site primarily to contain windblown debris, the berms can provide runoff control if surficial sands ever become saturated to the point overland flow of surface water occurred. The facility was originally permitted with a waiver from constructing surface water retention features. The waiver is described in the facility's ED OP. In the unlikely event of a release of liquid waste that could potentially impact local surface water and/or groundwater quality, Al staff will respond immediately upon release discovery. The facility has sufficient earth moving equipment on site at all times to aid in the containment of a release, Therefore, immediately upon discovery, any potential release will be contained Al Organics Rattler Ridge Organic Recycling Facility Contingency Plan Page 2 with earthen materials. Earthen materials can be used to absorb liquids or to construct temporary berms for containment. Verbal notification of a release will be provided to Colorado Department of Public Health and Environment (CDPHE) and Weld County within twenty-four (24) hours, and written notification will be provided to CDPHE and Weld County within seven (7) calendar days outlining immediate actions taken to contain the release. An assessment of any potential environmental impact will be completed by Al's professional geologist and corrective action implemented as soon as possible. Within forty-five days, Al will submit to CDPHE and Weld County a detailed written assessment of the event, including description of assessment and corrective actions implemented and recommendations for any additional corrective action. A groundwater quality trend for groundwater recharging the Site will be established by monitoring the up -gradient well(s) for eight consecutive sampling events. Site monitoring wells included within the facility groundwater monitoring program are sampled and analyzed for selected Appendix. IA and IB parameters on a quarterly basis. Groundwater monitoring data will be evaluated consistent with Appendix. B of CDPHE Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2 (Regulations). If a statistically significant increase over the groundwater recharge trend for any parameter is indicated during routine quarterly monitoring: 1. Documentation of the significant increase will be placed in the facility operating record and CDPHE and Weld County will receive copies of that documentation within 14 days. 2. An assessment monitoring program will be established within 90 days, except as provided in the following paragraph (3) below. 3. A. demonstration will be made, as appropriate, by a qualified groundwater scientist that a source other than the subject facility is responsible for the statistically significant increase in the concentration(s) of a parameter(s) or the statistically significant increase in concentration(s) of a parameter(s) is the result of an error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. A successful demonstration must be made to Weld County and CDPHE within 90 days (unless otherwise approved by Weld County and CDPHE) E) or Al Organics must initiate an assessment monitoring program. Within 90 days of triggering an assessment monitoring program, and annually thereafter, Al shall sample and analyze the groundwater for the parameters determined by Al. and CDPHE (i.e., based on items 1 and 2 below). A minimum of one sample from the well(s) where the statistically significant increase is indicated and from each potentially affected well must be collected and analyzed during each sampling event. For any constituent detected in these affected and potentially affected wells as a result of the list of applicable parameters, a minimum Al Organics Rattler Ridge Organic Recycling Facility Contingency Pala n Page 3 of four independent quarterly sampling events (or an alternate sampling schedule approved by CDPHE) must be conducted at each well (up -gradient and down gradient) and the samples analyzed to establish and evaluate trends for the constituents. 1. The types, quantities, and concentrations of constituents in wastes managed at the facility. 2. The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the facility. After obtaining results from the initial and subsequent sampling events required above, Al shall conduct the assessment monitoring program in accordance with Appendix B, Section B5 (B) and B5 (G) of the Regulations. In the event that conditions of non-compliance with the Solid Waste Regulations or the facility's D&O plans are recognized, corrective actions will begin immediately. My corrective actions involving repairs to engineered features at the facility will be certified by a Colorado registered P.R. Occurrence of On -Sits and Off -Site Nuisance Conditions Litter Control Applicable litter control provisions will apply to the composting facility. Specific provisions commonly used for landfill operations are provided below, with some modified or added, as appropriate, for a composting operation. • windblown material generated during operating activities shall be collected and returned to the composting area or disposed of at a permitted landfill. • Material delivered to the composting facility that is susceptible to the effects of high winds will be promptly covered or otherwise stabilized to prevent the material from becoming windblown. • Vehicles entering the facility are required to have loads covered. • Wind screens are used where necessary. • In addition to the litter control provisions presented above, adjacent properties (provided permission has been granted by the property owner) will be policed regularly and frequently to retrieve any litter that escapes the site or vehicles utilizing the facility in accordance with the attached Debris Abatement Plan. Al Organics Rattler Ridge Organic Recycling Facility Contingency Plan Page 4 Odor Control - On -Site Odors associated with the composting process will be controlled utilizing a combination of aeration and capping techniques. Capping materials will consist of finished unscreened compost, ground wood materials, or a combination of both materials. As required, at the end of each day, new material placed in windrows shall be capped with a minimum of six inches of capping material. Any free liquids noted on the site will be absorbed with wood or other absorbent material and mixed back into the composting materials. If excessive or noxious odors are detected onsite, the source of the odor will be identified, and appropriate steps will be implemented to eliminate them. The site is equipped with a weather station that will indicate wind direction and velocity to schedule production activities taking into account wind and temperature conditions. Odor Control s Off -Site If odors in excess of regulatory limits are documented off�site, the source of the odor will be determined and remedial action will be taken. Remediation activities may consist of aeration, additional capping of materials, application of de-sodorizing materials at the source, removal of materials from the site, or a combination of these activities. Al Organics Rattler Ridge Organic Recycling Facility Contingency Plan Page 5 Dust This section focuses on activities to control dust. Excessive dust that results from extreme acts of nature that are affecting both the site and surrounding areas may be uncontrollable either on or off the site. If conditions are favorable for producing excessive dust, water will be applied to the working pad, onsite haul roads, and if necessary, the compost materials. If necessary, water will be applied during grinding or screening activities. The windrows and/or piles will be kept moist and will crust over within a short period after being formed. The crusting action is very effective in eliminating potential for dust or material movement via wind. In the event that dust is observed leaving the site, and efforts to control it are not successful, those activities causing the dust will be suspended until such time as conditions warrant their continuation, Noise The facility shall be managed in such a manner that noise will not constitute a hazard to human health. The facilities operations will comply with Weld County Code Ordinance 2008-4, Chapter 14, Article IX (Noise). Birds, Insects, Rodents, and Other Vectors Harborage Through regular cleanup and appropriate composting operations, the facility shall insure that the attraction, breeding and emergence of birds, insects, rodents and other vectors do not constitute a health hazard. In the event that it becomes warranted, Al will contract with a licensed removal and or extermination company to remediate the situation, as well as reevaluate its current cleanup methods and operations. Flies on composting sites can generally be controlled through the use of proper aeration and movement of materials. Additionally, care will be taken to maintain good housekeeping practices to avoid creation of those environments where flies or mosquitoes can breed. In the event that excessive fly populations are observed, aeration activities will be increased, if possible. If required to control flies, chemical or organic methods, such as pesticide sprays, will be submitted to CDPIIE for approval. Additionally, fly control wasps or traps may be utilized. Al Organics Rattler Ridge Organic Recycling Facility Contingency Plan Page 6 Every reasonable effort will be made to control flies and mosquitoes from breeding and procreating on the site and by maintaining the site in a manner to control potential breeding areas. Nuisance Conditions Confirmed On -Site or Beyond Site Boundaries Immediate action will be taken to correct nuisance conditions attributable to the operation upon receipt of a verified complaint expressed from a private party, agency, or as observed by the facility operations manager. Water Supply for Control of ` On -Site Nuisance Conditions Water used for nuisance control purposes will be provided by an onsite water truck. Al Organics Rattler Ridge Organic Recycling Facility Contingency Plan Page 7 Attachment A — Debris Abatement Plan organics 16350 WCR 76, Eaton, Colorado (970) 454-3492 DEBRIS CONTROL AND ABATEMENT PLAN RATTLER RIDGE ORGANIC RECYCLING FACILITY 12002 WELD COUNTY ROAD 59 KEENESBURG, COLORADO MAY 15, 2018 Ris organics Colorado's Leader in Organic Recycling May 15, 2018 Mr. Ben Frissell Waste Program oord i n ato r Weld County Department of Public Health and Environment Environmental Health Services 1555 North 17th Avenue Greeley, Colorado 80631 SUBJECT: Debris Control and Abatement Plan Rattler Ridge Organic Recycling Facility 12002 WCR 59, Keenesburg, CO Dear Mr. Frissell: Al Organics is pleased to furnish this Debris Control and Abatement Plan for the Rattler Ridge Organic Recycling Facility located at 12002 WCR 59, Keenesburg, Weld County, Colorado (Site). Please call (970) 454-3492, if you have any questions or concerns. Regards, Chris Skelton, P.C. Al Organics Regulatory and EH&S Officer cc: Mr. Jace Driver, Colorado Department of Public Health and Environment Al Organics Corporate Headquarters: 16350 WCR 76 • Eaton, Colorado 80615 Tel 970-454-3492 • 800-776-1644 • Fax 070-454-3232 Facilities: Eaton • Keenesburg • Commerce City • Englewood www,alorgartics.eom Cannposting Seal of Tshng Amirante TABLE OF CONTENTS 1.0 INTRODUCTION .aa.•••Mti..it.MWr,4.,.* 091410.44...04044*4i4***Ite4*44Sw141144a4404**4**.4a44.4ttilli***ri10..00..MO.IIM..y0.1 2.0 SITE DESCRIPTION .■ai..■■■a..■■r.........r.......a.......■......■r....■r..........ra..■.■a.......a........a.......a...a...1 3.0 ON -SITE CONTROL AND ABATEMENT #* e..■tsa,wi.io.a .41te•i i . a.•s..i1 4.0 OFF -SITE ABATEMENT. aaa41.441♦44441404•1 100044i40004i000a44aI.■raa.a4a..a.4aa..a....a2 5.0 CONCLUSIONS.................■a...■r...ra...■a.....■aaa.....■aa.....■r...■a...aa•OWO....■r....r.■a.....IIIM ....ra.......a3 FIGURES Figure 1 Figure 2 Figure 3 Figure 4 Site Location Map Site and Vicinity Map Facility Map Fence System Layout APPENDICES Appendix A Fence System Information DEBRIS CONTROL AND ABATEMENT PLAN Al ORGANICS RATTLER RIDGE ORGANIC RECYCLING FACILITY 12002 WELD COUNTY ROAD 59 KEENESBURG, WELD COUNTY, COLORADO 1.0 INTRODUCTION Al Organics has prepared this Debris Control and Abatement Plan (DCAP) to document improved control measures and corrective actions to be implemented at the Rattler Ridge Organic Recycling Facility located at 12002 County Road 59, Keenesburg, Colorado (Site). Generally, this DCAP describes the installation of a litter fence system and litter removal. The control measures and corrective actions are intended to significantly control wind-blown debris and remedy the debris that has accumulated on neighboring properties, respectively. The following DCAP is described in two sections. Section 3 describes measures for the on -site control and abatement, and Section 4 describes measures for the off -site abatement. A brief description of the site is provided in the section below. 2.0 SITE DESCRIPTION The Site is located in the eastern plains of the Front Range approximately three miles north of Interstate 76, and approximately five miles north of the town of Keenesburg, Colorado (Figures 1 and 2). The Site is located approximately 1% miles east of the Waste Management Buffalo Ridge landfill. The vicinity of the Site is predominately rangeland and scattered oil well sites (Figure 2). The Site slopes gently to the northeast and lies at an approximate elevation of 4,850 feet above mean sea level. Existing improvements at the site include a coverall storage structure, trailer -office, metal storage containers, double -walled AST, mixing pad and mixing tanks (Figure 3). 3.0 ON -SITE CONTROL AND ABATEMENT Ail of Al Organics' existing control measures shall remain in effect. To further control wind-blown debris and abate on -site debris accumulation, Al will implement a litter fence system, conduct on -site debris removal, divert feedstock until additional control measures are in place and functioning, and conduct further debris removal from finished compost at the time of screening. Pence system a The fence system includes an 18 -foot tall litter fence, an improved approximately 6 -foot tall fence, and an improved approximately 3 -foot tall fence, The fence system is deployed on the eastern property boundary where the major sources for debris are present. The general layout of the fence system is shown as Figure 4. Schematics and details for the fence construction are provided as Appendix A. 1 Regular Clean Up Al shall hire clean-up crews of three to four individuals or more to remove debris within the facility boundary. Clean-up shall occur generally at intervals of 1-2 clean-ups per week based on labor availability and weather conditions. Regular clean-up activities shall be focused nearer to the accumulated sources such as the fenceline ce l i ne and then outward to the scattered more distance sources. Debris Removal Fence -line Area Al Organics shall monitor the debris that collects at the 18 -foot tall fence weekly. Debris that collects at the west road fence and east road fence will be monitored every other day, and daily, respectively. Debris shall be removed regularly from the fence -lines. Debris Removal Non -Production Areas Al Organics may use any equipment necessary to remove debris on -site outside of the production areas. Al has had success using a modified rake and vacuum system. Feedstocks Until such time as the debris containment structures are installed and functioning, Al shall divert food -waste feedstocks where most of the debris likely is derived from to reduce and/or eliminate the debris at the source. Additionally, windrows may be capped to prevent debris from leaving the windrow. Screening The Hurrikan system shall remain in effect to remove by vacuum the debris during the screening process of finished compost. Al's weather station shall be monitored, and no screening will be conducted during high wind days. High wind days means that sustained winds of twenty-five miles per hour or greater, or gusts of forty miles per hour or greater, are expected to persist for one hour or longer. 4.0 OFF -SITE ABATEMENT To abate off -site debris accumulation, Al will implement regular and frequent clean ups, event clean ups, and alternative land owner consent clean ups. Regular Clean Up Al shall hire clean-up crews of three to four individuals or more to remove debris on the neighboring property. Clean-up shall occur generally at intervals of 2-3 clean-ups per week based on labor availability and weather conditions. Regular clean-up activities shall be focused nearer to the accumulated source and then outward to the scattered more distance sources. Event Clean Up Al shall organize volunteer -based clean up events as needed. The event clean-up will occur on a Saturday from approximately 9:00 to 15:00. A similar event was previously 2 conducted on April 7, 2018. The April 7 clean up event was attended by 65 volunteers and approximately 20 employees from Al Organics. Land Owner Permission Clean Up With the land owner's consent, Al has the ability to employ the rake/mow and vacuum system to remove hard to collect debris that is intermingled with the Yucca and Sagebrush. Because these systems will disturb the native grassland, the areas treated shall be reseeded. Al will not initiate any alternative cleanups that disturb the land surface without the expressed permission of the land owner. 5.0 CONCLUSIONS Al Organics is integrally involved in the composting industry through participation in organizations and events of the United States composting Council (USCG). Al is acutely aware of the challenges of waste diversion across the country. Al is a pioneer in testing of the compostability of food product materials which is a major source of the debris problem in solid waste diversion. Al networks and supports the greater solid waste community by educating, training, and speaking to groups about the importance of food waste separation at the source and the importance of using approved compostable products. 3 FIGURES • • s• •. o• t o o Lyons Windsor • F I "..oy'�, tI Nunn Eaton Greeley eilifit,;ri)H Laporte Fort C.:t o I I R Loveland Lon qn o r i l - SIT:. Kersey 400 Brlc g sda le kenaac r.r;] colt Approximate Scale 1 inch = 10% miles O763 Grassland Keota We ldci Orchard 1 1 c Le l er NorthI Nti Deenral! 3 16350 WCR 76, Eaton, Co 80615 (0) 970-454-3492 (F) 970-454-3232 Site Location Map Rattler Ridge Organic Recycling Facility 12002 Weld County Rd 59 Keenesburg, Weld County, Colorado FIGURE 1 Approximate Scale 1 inch = 2,640 feet Waste . tait .eriient Buffalo Ridge Landfill 1� i a NMI Approximate Facility Boundary organic 16350 WCR 76, Eaton, CO 80615 (0) 970-454-3492 (F) 970-454-3232 Site and Vicinity Map Rattler Ridge Organic Recycling Facility 12002 Weld County Rd 59 Ideanesburg, Weld County, Colorado FIGURE 2 Rattler Ridge Organic Recycling Facility 12002 Weld County Rd 59 Keenesburgi Weld County, Colorado AP ENDIX A Fence System Information 4 d 94 1 I acegolfnettin 1com A- I Organics 16350 Weitt,att� Fztturt, CO O K{fah l .' ACE GOLF NETTINC 828 Wa on Trait Austin, TX 78758 (877) ACE -NETS Fax 512434-8885 '2.-2018 Kuril febrile 07()-454-3410,2 )Q70-396-52.95 95 I .erltl c.'ttdle) .:ti:;r J Ur J4 ti\U sicislat LITTER CONTROL NETTkNC 12002 C 59- Ketneshn rg #10643 Fry vide and install [(oxford Foido!! G I4 I I V 13l I1) pol)ohi4ync/pulyetter riettirlerg with poly rope border, V atesli :teal rtg. Ui 3/8" cubit (top anti bottom) using R&vtznized spring snap hooks at top and ,ttivan I/ec! s-knu ik les al 'Juror» ()able, Neal rid; is inwtalled w (al liracc system using 1511.0" ;ilircrafl eubk (Vin)emitud tU 3lr). Pods ore 25' pressure tmthV U woock,i poles se( 5010 f Lind 7 rtvt deep. Ends and corners ore orichorcd with galvanized screw in anchors and & rc:M'an c,rrbles, war lres e`er , ivarkcd with yellow safety C 7 vQrS, r rtstallaticni h Ls 2 your warranty covering tje'reels in rirrtwrials And cja�:rt mislli , Int l i�� :'I► i ,I. )' S Install 2324' L.w'► or HP netting as tlunr1Ind. Poles sit 511 ran Center, Total `hare: $ aka *Customer to locate all trrtclea %iround l itics and uti Iii k s. Customer to he rep; ponsible For iuty pW:'tn its variance required and for mewl ion u ne1 to be it -muffled. 1 h se pr'iC'c S ii 4r.rrte a faith level work arvu . Wor'kr rtg cm u heron could cr' lutuL' tl c. Kisco.` i mp ossil}k from on uquip►fitr;rrt straraclpni rat. Advet`s dri I �t1 , condition such as rock, grouiiddwonci', u n a thIc su I c.or ditions. ete, Would be a ddt3tlgc order based on time, Itthor. and materials, Spoils from holes to be spre ld new pole Mu dirt hauled (ruin !ire) Aceepttql a coh;Z:\i, 1/4/1 ['tense ciali with tiny iniuslions 4,) Sincerely, I LIMN.: EBal asa:T I dlla at completion pletiotrn Delivery time appty\inttnel) 6 weeks APO* 1 3Cp58 'Charlie Parka (Pre -s,) Toil l r -e 87 14 223 4O 4040 DI g,‘ Al //Oyrganics Atttlr ( nt Rattler Fitidge February I, 2018 Outuraription rviobiliration :np fin Grail? QTY Unit U R Pete 1 00 LS $OBS 40 00 HR $ 1500Mk $ "*Estimated f�uure in order to Strip Grass. Stociiipile. Aotuel quenblins will be billed *misted ?3r6f{ •• � Y fiyi Phu (545q i t I 'It "I 1 r l#tt r1 br.t YMMP1 $ MEM Solla TOTAL $ _NHS (P*i (40t% 106,63 M6 II �Pf�hMA-G.ouk TMt�'tttah Woo.t.lb +14 Sits 44 t‘Awpas 114aLast; CoLit\Attne —rmail:wa.T vi6git, udriV u-1564 ot4 pcirettalasZLitir tAicab 714 L G4 Kip ikk,ueb Ls am4� _ dLgiv, � MM 64.%.4w Cr{ kg 6s Paw( At". r� risk eV y 1 , Ntitinu,=` Ace Goff Nei iilia §+b" GIN Stasi liy taailg I Vas civic Mai tttep Hans 1.. — 1 L. .1_ L — 4_ IL — JL Y t4'utha i , 1 P p%I9% 9Ml tt In 16 d*ep with b 0 444 kity Rao Beds! tkr Ott* St l CM+11cs L - --.f=at_ L I_: I. silt 11(V Rritii$ticti� Pula atW'at44M A• prop eator Ail Orvieto I 1 .1 I I - _1 _L -.l Miming mkt* Kits 0414 Sail hinpet op* 1114 Weitiux Y1il,w U4 cmi • CASE NUMBER: PC5C18-0006 • OWNER: • OPERATOR: • FACILITY: • COMPLAINT: EXHIBIT I g PCbC.l55 co-b(iv WJW PROPERTIES LLC A-1 ORGANICS RATTLER RIDGE ORGANIC RECYCLING FACILITY BLOWING DEBRIS/LITTER OFF -SITE • 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 CASE NUMBER: PCSC18-0006 OWNER: OPERATOR: FACILITY: COMPLAINT: WJW PROPERTIES LLC A-1 ORGANICS RATTLER RIDGE ORGANIC RECYCLING FACILITY BLOWING DEBRIS/LITTER OFF -SITE 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 Vicinity Map J \NCR 30 I CC to WCR34 WCR32 L' Fr VVIC R22 HUD, :• N I .r5 1 ILL 1 I I I I L a - - - - - - I I I LO I I 1C( Ict I a I I I I ran -75 SCR 16.5 ti L 4 - - - - - • f 9 LUg O W Cr r USRs USRs uS.R=116:6 PIPELINE 2" USR-966 LANDFILL SU P-N6Aivi COAL MINE & ASH DISPOSAL PITS USR-1160 COAL MINE & WASTE DISPOSAL FAC --SUP-439 ELECT SUBSTATION &1-15 KV 1 1 1 1 1 1 1 1 ,1 1 1 1 1 1 I USR-1285 LANDFILL i USR-987 OIL & OAS FIRODUCTION FACILITY 1 1 1 I 1 f l US R-9 6 9 COMPRESSOR STATION NATURAL GAS Imagery Imagery I 1 WASTE MAN AGEMENVQR? 121535D00003 WASTE MANAGEIrI ENT CORP 1215-35000009 COO RSENEROYCU 1215asOO Boot WJW PROPERTIES LEG 12157360000M • DUTTER._EN RANCHES LLC 1108D1 DO N5 GUTTERS -EN RANCHES LLC 1217.31200004 N A 1 1 1 USR subject The Site Specific Development Plan and Use by Special Review Permit is fora Solid Waste Disposal Site (Composting Facility) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereron. Development Standard #13 "Waste materials shall be handled, stored and dissosed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions". USR-1285 Recorded 7/30/2001 it194�4 i44r41i14aUt1l7tititli�l� tItlti 4141 uiI'ir \v1 I IF 1 R t0.� a o-ie vied emit `A SITE SPECIFIC DEVFLPQMENT PLAN SPECIAL REVIEW PERMIT nFVFt r1PM WT STANDARDS LAMELAWU, INC.. GBA A-1 ORCANIGS USA Aer285 I. Ma %IS Saamrn Mb inhaled Prat, trod lMn .yr Avon'n! !barrow Permit la fan a Sold Made gismo) Life C 241414,111I214 Traci llty 1 in raw d (arJad/hrd.1 Toad Oftfrinf. Ad lid:MMd ,h +le rm. tea -04m- nnfnrTnJa m t 1 ip amt at tract to fee QrtJeowrf a$terrdavm sf9t$d harsh, :. .Th' mt ur ntis pion Iraq/ ar'eaie C Vera prefer, r Tyr via-YiirM fn Gt4 ten OA nt }Pan Sold fln.my ton frg Ord7nalma 5. Tin nrare Of Q ratrtli one WNW SOWS a Oder. tram 51U117.JJ. ire �:-'.CJ p -r. 6. Situ. and fear( triad shall awry NJfh the Mettle 'an. steno ra railed wv retuJatiais or me COa'X'a(P. Qdpertaiiir 1r? Mon Iffy rind ten rci-..nnt. +fe tremor dun Iry ecntrof Camigatoa. the err Panora Cana Phaeton. end Me wadi ICON C11V adfr)aila,e. 6- 1? as -110 five .yM'rt*M-, r nnffvr•Ion n. .0119 fSK'rl'fi• Infcreratlan is nvaolad that diction fife carentiy hald w+JtPt t'Y we alit& 'VI& Hu trenait JO76rWla as Walla ltrfapanwn! r.r,.r,t;el tag the ten. wmaa fonar+rrrrt pc titerla !#.fairh and r»viro,asn• rev regutar rod'fd-4tlens to the Onlfin Rid .rpe'•Ot steel Pre,. ', aeddriare rectrearor-y prawn fin? the Cloi'ora li Deatrhwa! of PotrJIa ffiJnifi, ant evetrameat era/ Inprerient n ltnf *titre soy 0180 Neatt.lmmeiira. ar n;e eod Marro Ytetflfo it Pin 4 r/ fry Oaww' lilt Carrot Fens fiat. g. m fcorllty one 1 catty rleh the ReauJeftme ra-rufeirtio A& Sea fa aatdls ete.new. St Ise 4. .5 flag l'tam C S !CR 100? -2 1 arcrndaatad aurnaar* ea 4he tnlld erstt uth Sssflon .59. Artleie 20. pert t. C.A.S.. •• rho nwrl•la uair !to gent l ud r.r cr t.a.tm- tyrrydrpt i1JaSTl,w gait In am,ordalar WPM its aenrrr halt Orw+ dkt+ecrn+ Plan at a' 1 Oast. Addlteonef dun eaote,neat neesaraa anal r Le sreviaut.ted ui oho toyama an it... ISO Q.ryJifJ-grow hiw'1 of Public #Thalth and FnvIrmrtnt In Me Throe 1+ re determined that dfsdi 'n a auTamce eendtiran. ♦, tt.. +Aare ofa eels !no nixie ..+err h, ter •IWrn- fu ViFttl' er filen In aoreaMar la Wig, fen ebz.,mmon rile lanramtrt- Mod. AdlttFada' try anrrfro' 150CIsteras Mate se nrpeenlet»a err no t•ofao/ cr. Sc. Wald tea its Owns tent of Purl ice New We gnd Enrrrotnnot In +ha awn+ Oaf fl ear era in Amen R a.a+(Rr to tie orinfored a wtermas oonet+ion, Tem pram arm ' also to f.yrrtng.at a Lr tie 'roil ON POW CwTN7 DwarhmvY ct Flo rla Woolf) rid Fnr'r•rtaasn4 ~ohm. n nfatlrlcrist raanrr oP fly eupfotnfc assaotated wtmfad 'Jiy .tide. en the J.FCr4.ort td t! V waters a,wtrr Mvl fir O'Ylcsr, ,flare exJJrfal v fJ/ rvrell•)fn rnaeerras nhetwr Bret. t. TM Yoo r+) aralr Se operated in a ma -or mfr usetreei4 cider f.a know rlsiw wt "to ttr Sur Otter/ atkr 4 -creosote- flan, Them. rw•trttA M9 warn 'Ka r rot e4M.wl the Eawr elf slogan-•ta-ey',d direr tan enesi'fpld. a raaea 94 PtirtIirtrt t4 Arlalvirrn 1 of Tiro Cokracb Mr tbllu'J17e Corrrraf ardenmraas. Aeti,t Inner' Tres t trttnrr.nt nrnirne moil'! eta !.:-uIcWiled at the '*sat of t'I3 able Cc0,Fy 17start:ans of aedJto Nen1Th and Fnvtroman- in `no want oar Jsro1a Unarm; riff Mee aF th. 4nnrl--ty Roar rr oxea(.d area Jar01 0? fIfttefr-t0^rl9 COILS!. NO theageOld milt :n the J4d0arsvlt of rn, rend Coverte Yetalta tr.ori tSra. ixr6T& at mar n n'.dl t Fna rl JTe Inc eSafapdn4. o•Ihle fxxt'Tty thoJ r 04TIente td lift tAertnar Pen latlela n ano tenla alarm .n Erie' +nosier tar pale at at f.FWta0 fn Sottiae Si5-tprIO . ?..t, 5. . l.Thr *.het fed lteelor Wertdtl alie and tacetray awn Oa r2Orc71ar n Ot,PJltrtad W M Tway solar a Part ennee.Oo MOM V drop t1 age to +Jr PAj tilt: en ramrod el W dl On Ott TNr Cot ot'OC9 dopar'ttrenf Cr, Fes: it IMAM and errtln n s,rt. 'L.Ita onram7nr 4Iafaare Or IWS,'aa anpll aS pefWIrt9O Ot .JAY also. lily 001 rd Iasi•. elTir flion &hee te.tts ditfv& b. towns -P.M rE ataflrnd in flu Raaulctlaw perMining is Salta gone 111800.01 Sian 6rralpnrlf MPS Ca call 1X'T-? fl ailed ri' do lorn5Ar. nt ifw R 'fa eel he nryt 41 ',own Pr m an.Travv2 .carlter7 frarfflll. -a.dl7dte afar brio at(W is CO aancu tr stand. um unposed n? Jn n tuYiS..r ihrf rani -Ten Apr it uy dnr+. hinrrry martS- ont attar paretic r Worn ooedltrsnr. '4• ITIs ttlI ti amlTal 'ICO I Iro are propene a^Jy Iran nnMrl nlc fire► ern resnrih.d In tsar .,frnt4f4d tple:tyt ton liverenals defer .uty 24. 204' 7h9 bb'd Carney 9.neetnnn a ter PLO NO Neel m tmd U1Q'?d atrent, ales 1•1131111 150 sort -row ono ihn tnlmtntr fetneene.f .rF P.1.rle Moll ill, oni enVirerewl' shell bb eofifled 111 wittn1npri of cry addiltaml mterhare proposes oar aa0Fadr trip. lin7nn 021:3rovad TO p'r5CI0a W'Tr e tronafJnr cowl) 1.4 ct airid +},am Oho re rd Canfv t'aaar eminf of Pet Ida wealth and enveron,ent dad the torn -cat $cp rnxnt o f agile; farm axe inverorterit Cr r7f to r•900tp Pt Mee fa. water Jo. Libra 14M . afern.4ion fdaei l haflea aaraticool prooc' me and weeps propearse, '-F fa,ai -QQII'' mall Ds porna at tree tots reef dnt•+dioe. Flat 14th She? I be a Rf: ninon of Ono Root FR Thar. vela sirs Tp't in anon. trio atel end+ r *Mfg •ire fottenari: +"*'e of wont ,m 0. is,. P9 wale F:y. •eaAh s7drvieleei Sumo OTA2aeoal SiDON neleierS dno n 16 r-xru Fredd-Forara? aeon, n'Maffird WWI WIWII rogrtri ? oe +rO ayorpro SSI di -6i it De IFvt2t'6d act rdIm it The Iitd Lanny LS.D.5 Aeoalarlarns. A taut s,•atarafalJ es aosovtd'ft. If a malt le Mete leak rIapJnp racy -4l anal f tad hoist Fir raw teal. A ps-*e6 to for lot fact Illy 411011 b:• b'Orhefidatd wlntztA�ea at zit, until GGoa . tiea ant I.S.P.S. to intoned.ap Pat Lma1I io calOIryo4oa rn O.rec na With fill Vocal %Jxtrpp >c4 artei9n 3ha•f had been ravta,rgni CtOrcvai D'/ IN !old Ca.r1t.j Daac-Maei of Pat ISM. and En" 114rugnt cad 11fa Coro/WOO- 9atdvfttlat Of sub f b.. • "= did FM trOnc,1t. I 0' J ara 17o alba-had to itJm 7ruld',r.•rtyy oaaarltre r of 5c ?cartel and in liana tt and the C7farrag Npe*rortr of /•, .!t Potter +M Cr.-1r'ahrtws+ -nor to the .Too dtXh mIXl4a pcd mot deworatrvfaa the sad 1e as oanstraafod NI ctoa-dorm tilt( the wwoY ei inflate pod ddarp,• :a 1' JIaJIAD eta :rn-1yJfaa War 2.0 abldd as d Oeitvldted arx'rtra Did. 19,41' alarm wattar ihar hap atm refs canteen' With meta Tear I aid Oh tM al( -0 Mail 11d odtri18d oM1 Via art... an tt.a overt thri era nt orator to not araduoraly aentroltsd at Jim ol'a. (pan bri•ten aoy1footlen fraathe Maid Caney tJryerfiavrst of Au6I la 1'aarth and try eromv.t or fn4 Oaia-ao7 Dwortlmrer DatllJ Pootth and Ervrrmttttr rt. aass reneesies elee'Wide S lots Safer an . is envoi Fed rma map- rd- th, of on carat do overwrote in rr+finer Ow:air ter ItYl Janrliaf'ar Dr ,he bbad dowry t acrot c rt of PLpr. a IeolS aid ErnrirMagrIt Ole IN trOrc.'Qard PeDernitl ,tf Of •Pnbrdo Woolly, and Cmr'rumn.. 20.mr rapt! Pry &boil ata,pIi vier the approved 3tYJ and [rap arrer boar icnnp ;flora. rr-Ana budhc fgy/dc- am 4wni.gpl7914 ♦tat Pre n+rOa 4.. +J'•J slleeftsl l be 0[064 In Profaners finer ant> sifh the ilrlaer.Qrat1nd 5tarVQe Att. Ord 4DONa I1'OMO &"WOQ) cgyip&ienc dt SCA 1701-t4: 'r :n 44af,J'wrr Met I'cw resolved the w'Iftele toorovoi of she held taint, Dearth -ant at rtatie mown one lnvlrenvanr. This ?g nor Ewe to fnol.,da floe Agate 4'f ot'nl'9VJ Fop +ha•+ rata Ness S namparcnsd !ate the ooipaetlnq pveasea. 22.411 oan67rtrerrdre On tfat property Mari by in cgdrreppop .,stn tin, egad spin a t'vlldlnp Coda 0rdlnarmr. 23.mr prgtertyr awry or operator ahaa t De faetar'alafe Pr eaetplyled a to 116 Jatrpw :tmt59-es Of Sgot: or 74.E or 'hg NOW Cwnry zcnfre 7r+Jecnoc 2d. The prgaartyf inner or owner 315611 be reseasecea•state far pa ca,teat min era aperarlen Stlroder 9 of gptr4T 144 Of Fhc lido Canby 3onrr,r Ordlnanw PS.aer&e nbe lrta the lewd Calf, &apa•tlmnt o.' fear pq bbalah ate E'1,r'rwu ant aid Pills SQrv1 4 ants De orwoford PPa4a^ .na4 DrPW"sr a+ try roMdra4Ja fire rd r ..Cr toa erata'e tie Ii vrtlar aortae bur ea re properly poply writ fns yaw Paptpat flaakrott 014'69 Wait* aryQ tl!d asJ trade rah! County rtietx•lortortll. 26, The Lao IV SJae ICI AOINOr Cen 6l'gd M WOO f0 We DIRYll Wain WSW and 9*ttr'iled b9 s ftrovoined elmrhraa and ell err rlorbro Pala eoanty ro itor lane. atataIrae• i fee clone Or C'9Y9f pntft tfOlda at a ehatm or rrgtlre trio 447r2ireJ of an mwSc'snr of !J1a '4a'ta.rr or Ho 'a to J atnt, ?l.rrt.n9 to i?aal rie'O a scale ac.ar gg free 1*4 OEO.r't a taw rccAbif stmdat'ra are 71Nri t60• 4J4Y c olgrJSae anal! at filed m Fix off:aa of +am 3cc rn,int or hiannIn7 Sar.l444. fl-1Tt p0yreaa tyy cr'w Qr a*,r c tr 611W t bit recoonarafc 'Fir captylra term all of fire teroatinp Oeivraanan+ SlmCards. gfa,earplttgaxi Ylm any. r Aha Rropoirp a5Yv1.L'nio..! 9atT aF taiPt ower: Can ilzslf 8 ria.v, ion of the Par6tit sr Nn RATTLER RIDGE ORGANIC RECYCLING FACILITY Spccio/ Roy/sw Perrn± OSP - 1285 +} / r'� _51/F PLAN J/ ''�^ A PORTION OF SECTION VN 36 , 1 . 3 Nt ,� Re 54 {e p OF THE 5TH H P d M• COUNTY, OF WELD STATE OF COLORADO T t 4 M it 64 R N r"\\ ?rM.Ra1 / Patent trao i•R.ra V re Ct I lore a 7o ' nr as own Y •Pei rei4lr.a Dcsd Io' N /Ninths Cos Vol. "Ms\ M.nl rt t6 Foes 1d IN\:\ N\\ \ r \\ 1\1\ N ‘Eit L)1 de f I t� ! I` L Praderty L'no Sw NC- Sea -I, 7SN. Ise I II1rTn foray phe 59 C;eaten Oat hel I a Y � \\\ -4 m N\ S 4.'4 C. SEC. 95 1 .r. n 60 a V (( )) N‘N\ / N-\\\ \\ \a 43' )/— , me Prana-ty 1.!9.9/1 • .'yplcltrl e4' t 9otentiaf idr'ahip Sires / _rad 1s�r' %--- 3 lea Carr. NC. 40 TI!r. RNY N K �41t _ w Qoetai rea Rawl ".pilaw ...1 Soclo Thiokol ,lad 31rhso Pote?T Ii(71 Prrcduct!cn Area 30 Acres : Potential &Jadliy Sprat nccltss� Nome MTV 31retae WAIN OAS Pot fntfcar Pr autN Arou 61 Aar s Rota tin! am tat il cite] 1 N Properly Lino S St eft CRC. SC I -I F del Ad IM Ile (1, as i a SE CDR. SIC. IL TS If. n ;4 3 N. T. S N. VICINITY M A P , . 84 1r. R. 85 14•, Jib A l free 'leyda \s \1� r� 6 •tag® tell Minim Draw � • 30 tiPcnt'llsrcy 's raga Sin -rats ' i % fp s ' 'oars Enargr35 rfifQalrant # Of (foe�tlltx'ma 01 Rahard .& Connie r a f I• Nlfin rree A Cnnnla /• MirkJte Tr,irtfaat,t 6 Road Iv,1 Wetland & Canals Tr",JQ 1 orIV `E —Private i'fy 'Wynn"4arkto ...it CDf recta 2 Scote ill = rnt 1e PLANNING COMMISSION € LR1 II- JCA Jr ILiAr Thrs is to cert'fy that The !:'3rd County Plannino Cammiss icn has certr •f led and 6:es hereby recommend to the Doord of County CorrmLsstonersi Word County C,toradot for it's oorrfrrlrot;c . cpprovar and odpotion of fhls Site Specif;c £eveloprrent Plan and Use by Special REview as Shown and .dose''~;bad thereon t'rn r3 17 day of liar ' r 2QO1 r, • Ct'ofr. Nolo County -Mani vg Commission BGARD or COUNT? COMMI SS I ONE RJ C€RTIr WWATID1V Thia a la ld o curt 1 fy rho/ the BF'vwr tt elf County c,•px rPiss i onerst 0810 :oJnty, Cef orador doss hereby confirm and ochre frs Srfe .SpFclt'ir: Fer'r'o1vpeffenl atop ono Use by Spatrat Periew and Q. e l openent Standarc's +j ,how, and dQscrr dad hereon this / ei r n7r. Rnard n' cninty y.� .f I ti -: if/ .+.6111 .4*,tffe f ffrra ;" Veld C1;3i my CfSink to (rte f /fj 1, ra'�'' 1)Ca sta▪ te$ beauty Clerk to ,hie Rc old PROPERTY OWNER'S CERTIFICATE iha undere lgnea moiler property owneris i do hereby ogres tc the c i to 5pea i tie 0ev9: op9mant Pion stied Jse by Soecia, Review De•reioaernent Standards as described hereon this day of , 2009. ay. Do tad: 7-4,0 _ c:Jr Soc?O 1" = 300' • r. f S i rgnature Complaint History � December 1,2017- WCDPHE conducted a scheduled inspection. Staff noted that debris had left the site boundaries. � January 18, 2018 - WCDPHE received a complaint from neighboring land owner about debris blowing on to their property from the A-1 facility. � January 19, 2018 — WCDPHE conducted a site visit and noted debris leaving the site. January 25, 2018 — WCDPHE issued a letter to A-1 outlying the debris issue and a timeline to comply with their Development Standards. � February 25, 2018 — WCDPHE received another complaint regarding blowing debris and odor. Complaint History Cont. • April 16, 2018 - A probable Cause Hearing was held before the Board to address the blowing debris which falls under Development Standard 13 of USR-1285 which states: "Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions:" • The Board found that there was sufficient probable cause to schedule a Show Cause Hearing. Response Actions to Complaint May 1, 2018— Fence is required to be completed. WCDPHE visited the site on May 412018. The fence was completed and debris cleanup continued. 15th of each month — A-1 to supply status reports to WCDPHE. An update was received in May and June outlining site status and debris cleanup. May 15, 2018 -Submittal of A Debris Control and Abatement Plan to the CDPHE and WCDPHE. Approved by both Departments. June 8,2018 — WCDPHE conducted an inspection of the facility The Facility was found to generally be in compliance. Pictures Before and After -n M I ins �_. , r ,� Wiz-,.�. • c. , k rf ' • 4 ' i °'� - I. • --i s i'. P- -"v 1 R Lyt v N 1. ' M Eli i ■ • an I IN a ■ S u aim ALS g Gx IL' `tI ALT OH WA • ff jII 11 I l I It ' s . a Ie1 a-4en`t UI a I L 1- as prI h _ I I I I sar IL . J I I R ,1 a Al ■ ■ _11 - rII lit cc b *Rial IP IQ ar L on I� `' I. I• T U `❑ u lay fi m S arr ism Ilk V I_. IU Isl U 1. • rn er- -• ■ q rte+ �if▪ :� 1 _: Ia; 1-a, . e:`=,a I'? 117 T L • Ill .4 n Cr • m II III m IL >tw Ira i L!� i a In u —I !i cd III_ C II 11 - u r II u Lis ET 1I I >r a yipC_'._. _ • FR II tnE r II a • i R lir A t`I ■ T I r a U t z.) a e I 9. z `q fi amp fn e� �' ■ p.r i 2 r IJ St ■ I ■ Cid • aEN S Al S I ■ s 'Co 115 LL I i I �! LI imsW IT • i„ ,"rir Min r c s I� • ■ ▪ a ■ I a Li 11 ir 7- .r nl e — Mra 7.4 • AM Si it a aNMS ■ fl Et u FR la it I - R i ��s n w F Ian UI 1—. 12 a R T- I m Current Situation � The main debris fence along with 2 additional fences have been installed. � The debris has been removed from neighboring properties. A more comprehensive debris control plan has been submitted and approved by the State and the County. � Facility was in compliance with most resent County inspection. t Current Compliance Condition • Based on site visits and documentation provided to the County, it appears that the site is now in compliance with Development Standard 13 of USR 1285 states: "Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris/ and other potential nuisance conditions:" POTENTIAL SHOW CAUSE COURSES OF ACTION: • DISMISSAL • CONTINUE TO LATER HEARING DATE • SUSPENSION • FINE • REVOCATION • INJUNCTIVE ACTION Section 2-4-40.a Weld County Code: Where the Board is considering the revocation or suspension of a permit or license, including but not limited to uses by special review and permits issued under Chapter 21, but specifically excluding liquor licenses, the Board shall consider evidence and statements in mitigation and in aggravation of the violation prior to determining the appropriate penalty. Such evidence and statements may relate to and include, but not be limited to, the following: • The compliance history of the party against whom the complaint was made with respect to the permit at issue or other County -issued permits. • Good faith efforts on behalf of the person against whom the complaint is made to comply. • Duration of the violation. � Economic benefit of noncompliance to the person against whom the complaint is made. • Impact on, or threat to, the public health or welfare or the environment as a result of the violation. • Malfeasance. • Whether legal and factual theories were advanced for purposes of delay. • In addition to the factors set forth in this Subsection, the following circumstances shall be considered as grounds for reducing or eliminating penalties: • The voluntary and complete disclosure by the person against whom the complaint is made of such violation in a timely fashion after discovery of the noncompliance. • Full and prompt cooperation by the person against whom the complaint is made following disclosure of the violation, including, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts. • The existence and scope of a regularized and comprehensive environmental compliance program or an environmental audit program. • Substantial economic impact of a penalty on the violator. � Other mitigating factors. Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Michelle Martin Tuesday, July 10, 2018 8:41 AM Tisa Juanicorena; Stephanie Frederick; Esther Gesick Frank Haug FW: Unopposed Motion to Postpone 7-11-18 Show Cause Hearing Unopposed Motion to Postpone 7-11-18 Show Cause Hearing.pdf Hi Everyone, Please add the below email and attached motion to the PCSC18-0006 file. Thank you. Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 400-3571 FAX: (970) 304-6498 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: K.C. Groves[mailto:kcgroves@irelandstapleton.com] Sent: Tuesday, July 10, 2018 7:34 AM To: Esther Gesick <egesick@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; steven@astrellalaw.com Subject: Unopposed Motion to Postpone 7-11-18 Show Cause Hearing Good morning. This law firm represents A-1 Organics in connection with the Show Cause Hearing currently scheduled for 10:00 a.m. on Wednesday, July 11, 2018. Attached please find A-1 Organics' Unopposed Motion to Postpone July 11, 2018 Show Cause Hearing. A-1 Organics requests that the Board of County Commissioners address this motion at the beginning of the hearing tomorrow, and that the Show Cause Hearing be postponed for the reasons set forth in the attached unopposed motion. 1 Sincerely, K.C. Groves Attorney at Law IRELAND STAPLETON Ireland Stapleton Pryor & Pascoe, PC 717 17th Street, Suite 2800 Denver, CO 80202 Direct: (303) 628-3642 I Fax: 303-623-2062 www.irelandstapleton.com This electronic communication (including attachments) is intended solely for the person or persons to whom it is addressed and may contain confidential and attorney/client privileged information. If you receive this communication in error, (a) you are prohibited from disseminating or copying this communication (including attachments), (b) please notify the sender that you received it in error and (c) delete this communication (including attachments) from your system. Thank you. 2 BEFORE THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY STATE OF COLORADO RE: SHOW CAUSE HEARING, O, P 'S 18-0006, CONCERNING USE BY SPECIAL REVIEW PERMIT, USIA -1285 — A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLYING LYING FACILITY DOCKET NO. 2018-66 Attorneys for A-1 Organics: K.C. Groves, #20832 IRELAND STAPLETON P1 OR & PAS OE, PC 717 17thStreet, Suite 2800 Denver, Colorado 80202 Telephone: (303) 623-2700 Fax No.: (303) 623-2062 E-mail: kcgroves@irelandstapleton. com UNOPPOSED MOTION TO POSTPONE JULY 11, 2018 SHOW CAUSE HEARING Lambland, Inc. dlbia A-1 Organics ("A-1 Organics"), by and through its counsel, Ireland Stapleton Pryor & Pascoe, PC, respectfully moves the Board of County Commissioners of Weld County, Colorado (the "Board") to postpone the July 11, 2018 Show Cause Hearing, stating as follows: 1. Counsel for A-1 Organics conferred with Steven Louis -Prescott, counsel for Guttersen Ranch, regarding this Motion to Postpone. Mr. Louis -Prescott confirmed by email on July 9, 2018 that "Guttersen does not object to a motion to postpone/continue." 2. After a Probable Cause Hearing held on April 16, 2018, the Board issued a Resolution, attached hereto as Exhibit 1 (the "Resolution"), scheduling a Show Cause Hearing to determine whether or not Use by Special Review Permit, USR-1285, 5, issued to A-1 Organics for 1 2866179.2 the Rattler Ridge Organic Recycling Facility, should be revoked. See Ex. 1, p. 1. Pursuant to the Resolution, the Show Cause Hearing is set to occur at 10:00 a.m. on July 11, 2018. Ex. 1, p, 1. 3. Pursuant to the Resolution, the sole issue to be considered at the Show Cause Hearing is whether or not A-1 Organics is in compliance with the following Development Standards: 13. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. Ex. 1,p.1. 4. 1n a July 5, 2018 letter from Art Guttersen to Commissioner Barbara Kirkmeyer, attached hereto as Exhibit 2, Mr. Guttersen asks Commissioner Kirkmeyer to expand the Show Cause Hearing to include consideration of alleged groundwater contamination allegedly caused by the Rattler Ridge Facility operated by A-1 Organics, See Ex. 2, p. 1. Specifically, Mr. Guttersen states: The foregoing information is critically important for consideration in the hearing scheduled for July 11, 2018. Recognizing that A-1 Organics may not have sufficient opportunity to review and respond to the Stewart Environmental report, Guttersen Ranch would have no objection to extending the date of the hearing. Ex. 2, p. 1 (emphasis added). Enclosed with Mr. utterson's letter is July 5, 2018 report prepared by Stewart Environmental Consulting Group, LL ("Stewart Report"). The alleged groundwater contamination issue was not previously raised in the Probable Cause Hearing, nor is it the subject of the Resolution scheduling the Show Cause Hearing. 5. A-1 Organics first received Mr. Guttersen' s letter and the Stewart Report as an attachment to an email from Mr. Louis -Prescott, sent at 3:36 p.m. on Friday, July 6, 2018. See Email attached hereto as Exhibit 3. 2 2866179,2 . Section 2-4-50(D) of the Weld County, Colorado Charter and County Code (the {Code") provides that "[pJostponements of hearings and extensions of time may be requested by either party or his or her designated agent. However, the granting of such postponements or extensions shall be made only upon the showing of good cause and is at the sole discretion of the presiding officer." In this case, the "presiding office?' is the Chairman of the Board. Code § 2-4-- 50(4 7. There is good cause for the postponement of the scheduled hearing. A show cause hearing is an "adjudicatory-type" hearing governed by Code section 2-4-50. Such hearings must be conducted "in accordance with due process standards." Code § 2-4-50(A). Adequate notice of any complaint to be considered in any "adjudicatory-type" hearing is a critical component of due process. deKoevend v. Board of Education, 688 P.2d 219, 227 (Colo. 1984) ("The essence of due process is basic fairness in procedure"); City & County of ever v. Eggert, 647 P.2d 216, 224 (Colo. 19 8) ("The essence of procedural due process is fundamental fairness. This embodies adequate advance notice and an opportunity to be heard prior to state action resulting in deprivation of a significant property interest.") (citing Mountain States Telephone and Telegraph Company v. Department of Labor and Employment, 184 Cola 334, 338 (1974)). Indeed, the Code provides, in pertinent part, as follows: Notice of the adjudicatory-type icatory-tae hearing shall be sent by certified mail, return receipt requested, to the person against whom the complaint is made at least ten (10) days prior to the date of the hearing. Said notice shall be effective upon the date of mailing and shall be mailed to the address listed in the permit. Notice may also be served upon the person against whom the complaint is made in accordance with the Colorado Rules of Civil Procedure at least seven (7) days prior to the date of the hearing. Code § 2-4-50(N) 3 2866179.2 8. As it relates to the newly -asserted complaint of alleged groundwater contamination, neither Mr. Guttersen nor the County has complied with these notice provisions. Thus, the alleged groundwater contamination issue is not properly considered at the July 11, 2018 Show Cause Hearing. 9. There is good cause to postpone the hearing in order to permit A-1 Organics an opportunity to review, consider and rebut, as necessary, Mr. utterson's letter and the Stewart Report. A-1 Organics requests additional time provide Weld County with important information concerning the groundwater issue, including information as to the facility' s groundwater monitoring plan ("GWMP") that was approved by the Colorado Department of Public Health and Environment ("CDPHE") in consultation with Weld County. See letter from CDPHE to .-1 Organics dated September 29, 2017, attached hereto as Exhibit 4 (also indicating that "all of the Division's comments have been adequately addressed."). In conjunction with the approved GWMP, only four of the eight required groundwater monitoringevents has been completed. Thus, the statistical analyses cannot be developed or used to determine whether it may be appropriate to implement -1 Organics' approved Contingency Plan. The Stewart Report is based on a single sampling event (and appears to misreport available data). A-1 Organics requires additional time to present its groundwater findings upon completion of the statistical analyses, as is customary in the profession and required by solid waste regulations. 10. Further, for the Board's reference, since the date of the Probable Cause Hearing, A-1 Organics received CDPRE's approval of its Contingency and Debris Abatement Plans for the facility. See letter from CDPHE to A-1 Organics dated May 25, 2018, attached hereto as Exhibit 5. In consultation with Weld County, CDPHE found that A-1 organics' Debris Control and Abatement Plan addressed "procedures for abatement of wind-blown debris, both in the short term 4 2866179.2 and on an ongoing basis," specifically noting "improved fencing controls, regular waste picking and waste diversion." In the letter, CDPHE further approved the Contingency Plan noting that it detailed "procedures to be taken in the event of a release, nuisance conditions, or the receipt of unacceptable waste." Ex. 5, p. 1. 11. CDPHE's approvals of the GWMP and Contingency and Debris Abatement Plan, made in consultation with Weld County, as well as A-1 Organics' compliance and substantial mitigation efforts, support a determination that the hearing may be postponed without adverse consequences. 12. Finally, on July 9, 2018, Mr. Guttersen offered A-1 Organics the opportunity to inspect portions of the Guttersen Ranch property which he claims are continuing to be affected by windblown debris. A-1 Organics intends to schedule this inspection promptly to attempt to alleviate any further reasonable debris concerns expressed by 'Ir. Guttersen. However, it is unlikely that the inspection can be scheduled prior to the scheduled Show Cause Hearing, A postponement would allow this newly offered inspection to take place and permit the parties an opportunity to discuss appropriate resolution of the issues. WHEREFORE, RE, A-1 Organics s respectfully requests that the Chair of the Board enter an Order postponing the July 11, 2018 Show Cause Hearing, and rescheduling such Hearing to a date and time that is convenient to all interested pasties. Respectfully submitted this 10th day of July, 2018. IRELANI TAPLETON R & P. OE, PC K.C. Groves] ##20832 ATTORNEYS FOR. LAMBLAND, , INC. dib/a. A-1 ORGANICS 5 2866179.2 CERTIFICATE OF SERVICE I hereby certify that on this 10th day of July, 2018, a true and correct copy of the foregoing UNOPPOSED OTIO TO POSTPONE JULY 11, 2018 SHOW CAUSE HEARING was served via email on the following: Board of County Commissioners Weld County, Colorado do Esther Gesick, Clerk to the Board Email: esick cidgov.COM Weld County Planning Commission c/o Michelle Martin Email: rmartin weiddgov.com Steven Louis -Prescott, Esq. Astrella Law, P.C. 1801 Broadway, Suite 1600 Denver, CO 80202 Email: steven(astr 11ata .con 6 2866179,2 Exhibit 1 RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC18-0006, CONCERNING USE BY SPECIAL REVIEW PERMIT, IJSR-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 16th day of April, 2018, 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, after hearing testimony from the Department of Public Health and Environment, the Board finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County Code there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said Use by Special Review Permit should be revoked for failure to comply with certain Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review Permit, USR-1285, issued to A-1 Organics for the Rattler Ridge Organic Recycling Facility, should be revoked. BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall be July 11, 2018, at or about 10:00 a,m., in the Assembly Room of the Weld County Administration Building, 1150 0 Street, Greeley, Colorado. BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show Cause Hearing `s whether or not the permit holder is in compliance with the following Development Standards: 13. Waste materials shalt be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. ce... L C tai i imrn i t LH (LA_ f sF 3, PWC Efsiv e-/ a c E3cr (cm), c.r$ f 1, ), L / .'PPL REP 2018-1174 PL 1443 RE: PROBABLE CAUSE HEARING, P S 1 B-0006, CONCERNING USE BY SPECIAL REVIEW PERMIT, U R.-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 16th day of April, AID., 2018. ATTEST: 2�tcQ c .c.;� Weld County Clerk to the Board BY: Deputy Clerk to the Bo APP oust Attorney Date of signature: 0 -17-18 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO kin c ref Steve Moreno, Chair isitiAte rbara Kirkrneye Sean P. Conway &low erood Julie A. Cozad Mike Freeman 2018I-1174 PL1443 Exhibit 2 Ant GUTTEFASEN 23691 HIGHWAY 263 GR EE L E Y Co 80631 OFFICE: (970) 378-8888 I. WASHOUT (97O) 352 00 FAX: (97O) 7 July 5,2018 Ms. Barbara Kirkmeyery Pro -Tern Weld County Board of Commissioners PO Box 756 Greeley, CO 80632 Re; Al Organics Hearing on July Jil , 2018 Dear Ms. Kirkmeyer: Since the hearing on April 16, 2018, we' retained Stewart Environmental Consulting Group LLC to install groundwater monitoring wells and test the groundwater on the Guttersen Ranch property adjacent to the A-1 Organics site, We received the results just this week (summary attached). They show that the A-1 site is contaminating the groundwater under the Guttersen Ranch. Of great concern is the level of nitrates and lead which far exceed safe drinking water standards. The water table on and around the A-1 site is 6-10 feet below the surface. The soil is sandy. We are aware of no impermeable linings below the A-1 site that would sufficiently prevent the pollutants on the site from seeping into the groundwater that flows on the Guttersen Ranch. The foregoing information is critically important for consideration in the hearing scheduled for July 11, 2018. Recognizing that A-1 Organics may not have sufficient opportunity to review and respond to the Stewart Environmental report, Guttersen Ranch would have no objection to extending the date of the hearing. Thank you, Art Guttersen STEWART ENVIRONMENTAL CONSULTING G Roue, LLD ENGINEERING FOR LIFE July S 2018 Mr. Shawn Guttersen Guttersen Ranch 17506 CR 57 Kersey, CO 80644 Subject: Al Organics ^ Groundwater Investigation Project No.: 4904-001 Dear Mr. Guttersen, ACEC M LAMER As requested, I have gone through the groundwater files for Al Organics listed at the State of Colorado. As part of the composting requirements by the State of Colorado, Al Organics was required to develop a groundwater monitoring program and provided the plan to CDPHE for approval in 2017. Their first groundwater sample was obtained in July 2017. There have been two subsequent monitoring periods since then that are on file with the State. Background Water Quality Analysis I have analyzed the groundwater data provided by the State of Colorado and the groundwater directional flow patterns from several sources, The background levels for nitrate at the site are below the groundwater standard of 10 mg/I. The background levels range from approximately 3 to 6 mg/l, The groundwater data shows very high nitrate values leaving the site. These values range from 20 rngel to 174 mg/l. These values are in exceedance of the groundwater standard by 2 to 17 times. The recommended standard for livestock water is 25 mg/l, In either case, the standards are exceeded by a very large margin, MW -4, which is located on the NE corner of the Al Organics property and the closest well to the Guttersen Rancho has the highest nitrate values of the downgradient monitoring wells. This well also exceeds the metals standards for groundwater including lead, Guttersen Ranch Groundwater Water Quality Analysis As a result of this review, you authorized 6 additional groundwater wells to be placed on the property in a downgradient location from Al Organic facility. The results of the placement of these wells provide the following: 1. All six groundwater wells that are downgradient confirmed the existence of nitrates that are above the groundwater standard. This would be In violation of the special use permit issued by Weld County and the Solid Waste permit issued by the State of Colorado, 2, Five of the six groundwater wells had exceedances in metals concentrations above the groundwater standard and approximately 10 tunes above the background values. 3. We also tested for semi -volatile and volatile organic compounds. We found trace concentrations of several organics, but we do not have any organic testing by Al Organics to make a comparison, I would 746 WHALERS WAY, BUTTE 210 J FORT COLLINS. COLORADO El0525 I T: 97❑,226,55❑❑ I F7970.228.4948 I W; 9TEwARTENv,❑❑M CONSULTING ENGINEERS AND SCIENTIST' Mr. Shawn Guttersen Guttersen Ranch Page 7 of 2 July 5, 2018 believe that Al should be required to at least perform organic testing on the site to determine if there is an issue with these compounds per the requirements for detection monitoring at the solid waste site, I have attached a drawing, Figure 1, with this letter report that details the nitrate concentrations. 1 have also provided the metal results for the metals of concern. Regulation Review As noted previously, the on -site groundwater monitoring program did not start on the actual Al Organic property until 2017 based on discussions with CDPHE. The monitoring program began due to a request from CDPHE in 2015. In previous reports, Al Organics stated that they did not need to provide any groundwater monitoring due the impervious sofa where the facility was based. Thls was stated In 2000 and 2010 reports on groundwater. The soil surrounding Al Organics is a sand to a sandy silt. This is verified for the on -site monitoring wells in the Al Organics report dated August 6, 2017, The sand will have a very high permeability of 10'3 cm/sec or greater. For the site to be Impermeable, CDPHE requires 18 inches of material that has a permeability of 1O cm/sec or lower. In addition, the groundwater that is found on the site varies from a depth of 11 feet below the ground surface to 25 feet below the ground surface, On the Guttersen Ranch property, the groundwater was typically at a depth of 10 to 12 feet and the soils were the sand as mentioned previously. The revised regulations for composting facilities provided in 6 CCR 1007-2, Part 1, Section 14,444, Class Ill Composting Facility Design and Operations Plan (14 4.4 (B) (1) is to ensure groundwater protection. This would normally be performed by placing some type of barrier between the composted material and the groundwater (18 Inches of material with a permeability of 10' cm/sec or less). I have not seen any evidence that this occurred during the construction of the Al Organics facility. This Is very evident from the increase In the consummation of the groundwater at the site, Since the groundwater contamination exists at the site, Al Organics should be required to implement the procedures in. their contingency plan as required in 14.4.5 (H) contingency plan in the event of contamination of groundwater or surface water. (. Groundwater Monitoring Plan; The MOP for a Class I!} composting facility must Include a Groundwater Monitoring Plan pursuant Section 2.2 of these Solid Waste Regulations. Monitoring parameters will be established based on the hydroyea /ogic data related to the site, the type of waste s treater (s) accepted at the facility and the waste characterization analyses performed on incoming wastes. A Class iif composting facility may receive a specific waiver from groundwater monitoring from the Department and local governing authority pursuant to Section 1.5 and Appendix B of these Solid Waste Regulations. If you require any additional information, please contact me, Sincerely, STEWART ENVIRONMENTAL CONSULTING GROUP David R, Stewart, PhD, PE 5TEWART ENVIRONMENTAL CONSULTING 6RrIUP, LLC 11-NM2 73.4 mall NO3 OR - MW 4 32 mpfl NO3 Al -MW 4 3111 mgn 1403 1 -MW3 73.4 rnyll 1103 Al PAW 1 5$meiNO3 GR -MW 5 16 maiNO3 oft - Sw' 4 18 mgil 1403 GR 1 1$ me N OR-MW2 mg/i NO3 CSR - $ 17 mot NO3 Google Earth North tiTIEWAAT taliiIMO NMENTAL, 41 Clod aULTiNG ancluP, LLC �' LN©INEERIt1U FOR L(FE PROJECT NUMBER 4904-001 Odin June 2018 PROPt RTY LO GA71O.4 Guttersen Ranch Nitrate Issue with Al Organics Figure 1 wp files\4263 CO1'tifigure 1- site Iocatlab.cdr Exhibit 3 K.C. Groves From: Sent: To: Subject: Attachments: et) Bob Yost cBobYast@a1organics,com> Friday, July 06, 2018 3:42 PM Kenj Pendley; Travis Bahnsen; Chris Skelton; I.C. Groves F : Docket # 2018-66: for inclusion in Case File July 5 2018 Cover Letter and Environmental Report,pdf caTz T 201 9 (JSCCConference &Trade January 28-31 E Phoenix/ Giendate. AZ Please consider the environment and only print this e-mail if you must. Think Green and Reduce, Reuse/ Recycle From: Steven Louis -Prescott [mailto:steven@astrellalauw.com] Sent: Friday, July 06, 2018 3:36 PM To: egesick@co.weld.co.us Cc: Bob Yost <Bo blYost@a to rga n ics. co m> Subject: Docket # 2018-66: for inclusion in Case File To whom it may concern, Our law firm represents Guttersen Ranch, an interested party in the matter filed at Docket ## 2018-66. Please ensure the inclusion of the attached cover letter and environmental report in the case file, ahead of the hearing scheduled for July 11, 2018. A courtesy copy is being provided to A-1 Organics herewith. Regards, Steven Steven Louis -Prescott Attorney at Law Astrella Law, P.C. 1 1801 Broadway, Suite 1600 Denver, CO 80202 303-292-9021 CONFIDENTIALITY NOTICE: The information contained in this message is legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any release, dissemination, distribution, or copying of this communication is strictly prohibited. if you have received this communication in error, please notify the author immediately by replying to this message and deleting the original message. Thank you. I 2 Exhibit 4 COLORADO Department of Public Health Et Environment Dedicated to protecting and improving the health and environment of the people of Colorado September 29, 2017 Chris Skelton Al Organics 16350 WCR 76 Eaton, CO 80615 Re: Approval - Groundwater Monitoring Program Version 4 Rattler Ridge Organic Recycling Facility SW /WED / RRF 2.2 Dear Mr. Skelton, On September 6, 2017, the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (Division), received a revised Groundwater Monitoring Program (Revised Program) for the Rattler Ridge Organic Recycling Facility (Facility) Located at 12002 Weld County Rd 59, Keeriesburg, Colorado 80643. This revision incorporates changes that were requested by a Division comment letter dated September 5, 2017. This revision constitutes the 4th version of this document. After review, it appears as though all of the Division's comments have been adequately addressed. Therefore the Division hereby approves the Groundwater Monitoring Program for the Rattler Ridge Organic Recycling Facility. The purpose of the Revised Program is to describe how the owner and operator of the Facility will comply with Sections 2.2 and Appendix B of the Solid Waste Regulations, CCR 1007-2, Part I (Regulations), and to serve as a stand -atone groundwater monitoring plan in compliance with Section 14.4.5(M) of the Regulations. With respect to any regulatory requirements on which the Revised Program is silent, this approval shall not be construed as an implicit waiver from such requirements. The Facility must implement this Revised Program by November 28, 2017. The Division, pursuant to its authority in 6 CCR 1007-2, may make changes to the Groundwater Monitoring Program as deemed necessary. The Division consulted with Weld county in making this determination. 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 renced document will be transmitted under separate cover. Our fees and billing ceilings may be viewed online at httDs: / /wwwcotorado.gow' pacific/cd he/'solid- ste-re ulation .. Should you have any questions addressing the determinations herein please contact Jace Driver at (303) 691-4059 or by email at Jace. Driver csta►te. co. us. 4300 Cherry Creek Drive Sr, Denver, CO 80246-1530 P 303-692-2000 ww.colorade. govl cdphe John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Chris Skelton Rattler Ridge Organic Recycling Facility Approval - Groundwater Monitoring Program Version 4 September 29, 2017 Page 2 Sincerely, lace Driver Solid Waste Permitting Unit Solid Waste and Materials Management Program Hazardous Materials Waste Management Division ec: Bob Yost Ben Frissell_Qurley Doug I ke nbe r-ry Jerry Henderson Solid Waste Permitting Unit Leader Solid Waste and Materials Management Program Hazardous Materials Waste Management Division Al Organics WCDPHF HD 4300 Cherry Creek Drive S., Denver, CO 20246-1530 P 303-692-2000 wvvw.cotorado.govicdphe John W. Hickentooper, Governor I Larry Walk, MD, MSPH, Executive Director and Chief Medical Officer Exhibit 5 COLORADO Department of Public Health & Environment Dedicated to protecting and improving the health and environment of the people of Colorado May 25, 2018 Chris Skelton Al Organics 16350 WCR 76 Eaton, CO 80615 Re: Approval - Contingency and Debris Abatement Plans Rattler Ridge Organic Recycling Facility S1 1 WLD / RRF 2.2 Dear Mr. Skelton, The Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (Division) has received the following Debris Abatement Plan and Contingency Plan for the Rattler Ridge Organic Recycling Facility (Facility) located at 12002 Weld County Rd 59, Keenesburg, Colorado 80643. Contingency Plan, Al Organics, Rattler Ridge Organic Recycling Facility. Document dated May 15, 2018. Debris Control and Abatement Plan, Rattler Ridge Organic Recycling Facility. Document Dated May 15, 2018. The Debris Control and Abatement Plan addresses procedures for the abatement of windblown debris, both in the short term and on an ongoing basis. Strategies listed include improved fencing controls, regular waste picking, and waste diversion. The Contingency Plan details the procedures to be taken in the event of a release, nuisance conditions, or the receipt of unacceptable waste. After review, the Division hereby approves the Contingency Plan and the Debris Control and Abatement Plan for Rattler Ridge Organic Recycling Facility. The Division consulted with Weld County Environmental Health in making this determination. 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: / /wwww. Colorado agov pacif is/cdphe/solid-waste-re ulations Should you have any questions addressing the determinations herein please contact Jace a Driver at (303) 691-4059 or by email at Jace.Driver@state.co.us. 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.eolorada.govlodphe John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Chris Skelton Rattler Ridge Organic Recycling Facility Approval - Contingency and Debris Abatement Plans May 25, 2018 Page 2 Sincerely, .dace Driver Solid Waste Permitting Unit Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division ec : Bob Yost Ben Frissell Doug Ikenberry Al Organics WCDPHE HM MD 4300 Cherry Creek Drive S., Denver, CO 80246.1530 P 303.692-2000 www.coto rado. govl edphe John W. Hikkenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer tie?)l. 1 IV! •?r. Ani GUTTEEZEN 23691 HIGHWAY 263 • GREELEY, CO 80631 OFFICE: (970) 378-8888 WASHOUT (970,h 352-0000 FA x : (970) 378-0000 July 5, 2018 Ms. Barbara Kirkmeyer, Pro -Tern Weld County Board of Commissioners PO Box 758 Greeley, CO 80632 Re: Al Organics Hearing on July 11, 2018 Dear Ms. Kirkmeyer: Since the hearing on April 16, 2018. we retained Stewart Environmental Consulting Group LLC to install groundwater monitoring wells and test the groundwater on the Guttersen Ranch property adjacent to the A-1 Organics site. We received the results just this week (summary attached). They show that the A-1 site is contaminating the groundwater under the Guttersen Ranch. Of great concern is the level of nitrates and lead which far exceed safe drinking water standards. The water table on and around the A-1 site is 6-10 feet below the surface. The soil is sandy. We are aware of no impermeable linings below the A-1 site that would sufficiently prevent the pollutants on the site from seeping into the groundwater that flows on the Guttersen Ranch The foregoing information is critically important for consideration in the hearing scheduled for July 11, 2018. Recognizing that A-1 Organics may not have sufficient opportunity to review and respond to the Stewart Environmental report, Guttersen Ranch would have no objection to extending the date of the hearing. Thank you, Art Guttersen AL July 5, 2018 STEWART ENVIRONMENTAL CONSULTING GROUP, LLC ENGINEERING FOR LIFE Mr. Shawn Guttersen Guttersen Ranch 17506 CR 57 Kersey, CO 80644 Subject: Al Organics — Groundwater Investigation Project No. 4904 001 Dear Mr. Guttersen, ACEC II_n1UtI< As requested, I have gone through the groundwater files for Al Organics listed at the State of Colorado. As part of the composting requirements by the State of Colorado, Al Organics was required to develop a groundwater monitoring program and provided the plan to CDPHE for approval in 2017. Their first groundwater sample was obtained in July 2017. There have been two subsequent monitoring periods since then that are on file with the State. Background Water Quality Analysis I have analyzed the groundwater data provided by the State of Colorado and the groundwater directional flow patterns from several sources. The background levels for nitrate at the site are below the groundwater standard of 10 mg/I. The background levels range from approximately 3 to 6 mg/I. The groundwater data shows very high nitrate values leaving the site. These values range from 20 mg/I to 174 mg/I. These values are in exceedance of the groundwater standard by 2 to 17 times. The recommended standard for livestock water is 25 mg/I. In either case, the standards are exceeded by a very large margin. MW -4, which is located on the NE corner of the Al Organics property and the closest well to the Guttersen Ranch, has the highest nitrate values of the downgradient monitoring wells. This well also exceeds the metals standards for groundwater including lead. Guttersen Ranch Groundwater Water Quality Analysis As a result of this review, you authorized 6 additional groundwater wells to be placed on the property in a downgradient location from Al Organic facility. The results of the placement of these wells provide the following: 1. All six groundwater wells that are downgradient confirmed the existence of nitrates that are above the groundwater standard. This would be in violation of the special use permit issued by Weld County and the Solid Waste permit issued by the State of Colorado. 2. Five of the six groundwater wells had exceedances in metals concentrations above the groundwater standard and approximately 10 times above the background values. 3. We also tested for semi -volatile and volatile organic compounds. We found trace concentrations of several organics, but we do not have any organic testing by Al Organics to make a comparison. I would CONSULTING ENGINEERS AND SCIENTISTS Mr Shawr Guttersen Guttersen Ranch Page 2 of 2 July 5.2018 believe that Al should be required to at least perform organic testing on the site to determine if there is an issue with these compounds per the requirements for detection monitoring at the solid waste site. I have attached a drawing, Figure 1, with this letter report that details the nitrate concentrations. I have also provided the metal results for the metals of concern. Regulation Review As noted previously, the on -site groundwater monitoring program did not start on the actual Al Organic property until 2017 based on discussions with CDPHE. The monitoring program began due to a request from CDPHE in 2015. In previous reports, Al Organics stated that they did not need to provide any groundwater monitoring due the impervious soil where the facility was based. This was stated in 2000 and 2010 reports on groundwater. The soil surrounding Al Organics is a sand to a sandy silt. This is verified for the on -site monitoring wells in the Al Organics report dated August 6, 2017. The sand will have a very high permeability of 10-3 cm/sec or greater. For the site to be impermeable, CDPHE requires 18 inches of material that has a permeability of 106 cm/sec or lower. In addition, the groundwater that is found on the site varies from a depth of 11 feet below the ground surface to 25 feet below the ground surface. On the Guttersen Ranch property, the groundwater was typically at a depth of 10 to 12 feet and the soils were the sand as mentioned previously. The revised regulations for composting facilities provided in 6 CCR 1007-2, Part 1, Section 14.4.4, Class III Composting Facility Design and Operations Plan (14.4.4 (B) (1) is to ensure groundwater protection. This would normally be performed by placing some type of barrier between the composted material and the groundwater (18 inches of material with a permeability of 106 cm/sec or less). I have not seen any evidence that this occurred during the construction of the Al Organics facility. This is very evident from the increase in the consummation of the groundwater at the site. Since the groundwater contamination exists at the site, Al Organics should be required to implement the procedures in their contingency plan as required in 14.4.5 (H) contingency plan in the event of contamination of groundwater or surface water. (M) Groundwater Monitoring Plan: The EDOP for a Class Ill composting facility must include a Groundwater Monitoring Plan pursuant Section 2.2 of these Solid Waste Regulations. Monitoring parameters will be established based on the hydrogeologic data related to the site, the type of waste stream(s) accepted at the facility and the waste characterization analyses performed on incoming wastes. A Class Ill composting facility may receive a specific waiver from groundwater monitoring from the Department and local governing authority pursuant to Section 1.5 and Appendix B of these Solid Waste Regulations. If you require any additional information, please contact me. Sincerely, STEWART ENVIRONMENTAL CONSULTING GROUP David R. Stewart, PhD, PE STEWART ENVIRONMENTAL CONSULTING GROUP. LL.r.C Al-MW2 73.4 mg/I NO3 GR-MW6 32 mg/I NO3 Al - PAW 4 399 mg/I NO3 Al-MW3 73.4 mg/I NO3 Al-MW1 6.9 mg/I NO3 GR-MW6 16 mg/I NO3 GR-MW1 78 mg/I NO3 GR-MW2 68 mg/I NO3 GR-MW3 17 mg/I NO3 Google Earth 1/ North 1 a GUTEWART tNVIRONMENTAL CONSULTING LisOUP, LLL a R(l! "T *IWRfR 4904 001 i IA Ts June 2018 '4UT PTV ()CAM,. G.jttersen Ranch Nitrate Issue with Al Organics Figure 1 At hies\4263 C0I ,t gwe 1 sue kx.Nwn :6- City of Fort July 11, 2018 Weld County Commissioners 1150 O Street PO Box 758 Greeley, CO 80631 Dear Weld County Commissioners, Environmental Services 222 Laporte PO Box 580 Fort Collins. CO 80522 970.221-6600 970 224-6177 - fax fcgov corn This letter of support is respectfully submitted by City of Fort Collins staff in the Environmental Services Department, in recognition of the important role Al Organics plays in providing critical waste diversion/composting infrastructure to Northern Colorado. We appreciate Weld County's leadership and determination to resolve challenges that may come from, or potentially could come from. the operation of these important facilities. Weld County has a long history of supporting organics composting facilities, which has helped advance composting efforts for its own residents, surrounding counties, and many others in the state of Colorado. For Fort Collins and our neighboring communities, Al Organics' processing facilities have been vital to organic waste diversion efforts. Fort Collins staff has long enjoyed working with AI Organics, a highly professional compost company that has earned the respect of the state's recyclers, the Colorado Composting Council, and national experts, in addition to having been honored as a Gold -level partner of the Environmental Leadership Program in Colorado. If we can provide further information, please don't hesitate to contact us. Sincerely, -14,2(1-e Susie Gordon, Waste Reduction and Recycling Program Manager City of Fort Collins Environmental Services Department (970) 221-6265 sgordon@fcgov.com CASE NUMBER: PURPOSE: OWNER: OPERATOR: FACILITY: COMPLAINT: PCSCi8-0006 SHOW CAUSE HEARING WJW PROPERTIES LLC A-1 ORGANICS RATTLER RIDGE ORGANIC RECYCLING FACILITY BLOWING DEBRIS/LITTER OFF -SITE b 3 a 5 EXHIBIT ii\ •Ase_t a ►. • 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 c WCR 30 Vicinity Map 34 I • 4 VCR 22 C N i ea e OR 18 aiatato WC R 32 - - a — CC a - - '^ - !Si - - s t WCR 20 sass — — + — a N 1 I I I — — LI in — a 1 I 1� Ii19 1 I : C( I re I I I 1 cc 1O I I ccp I X I I 1 I I I t — — — — — r a a re IN.- I CC 1 G I I 4 A r — -- — — — N CC I - - Ina WCR 65 I I I 1 1 - & It 8DM is a a — — L N 1J,', g 1, } C� WCR 47 01 WCR 51 1 In 1 71 IN 1 O 1 —. -- --- ti WCR 53 I I I I 1 VAC R 55 I I 1 I I I WCR 57 I I I I I I - - a - ,..---a-.a..a a a -1 — — — — - - - 1 WCR 67 I I 1 I NI a a MIN- r---a WCR69 1 1 1 Li i T I I I I I 1 - - - -ca WCR 71 1 I — — — • WCR 59 i b NIMBI svk WCR 73 Itil I I 1 I~ I I I I I I II II I I 1 I I I' II I I I I' 1,1 STOREY --� STREET WCR 49 t f a I 1 I I -WCR 47.5 O 6 USRs - USR-1166 PIPELINE 22" i JSR-':1b6 LAND FILL I SUP-386APv1 COAL MINE & ASH DISPOSAL PITS --SUP-439 ELECT SUBSTATION &115KV too N USR-1168 COAL MINE & WASTE DISPOSAL FAC Woo ..•• .r USR-1286 LANDFILL sow \Nip \A: USR-987 OIL & GA.S , PRODUCTION FACILITY alp USR-959 COMPRESSOR STATION NAT U RAL GAS 4 I Imagery Imagery I WASTE MANAGEM E N ;CORP 121535000008 WASTE MANAGEMENT CORP 121535000009 WASTE MAN AGEMENTCORP 130E 0200 CC 01 N 1 COORS ENERGYCO 121536000002 WJW PROPERTIES LLC 121536000001 GUT -E R SEN RANCHES LLC 130501000005 GUTTERSEN RANCHES LLC 1217 31200004 GUTTERSEN RANCHES LLC 130306000001 USR subject The Site Specific Development Plan and Use by Special Review Permit is for a Solid Waste Disposal Site (Composting Facility) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereron. ts st rs „ R (heard at April 16, 2018 Probable Cause hearing) tr sh/ iris (IS #L Su st tiat _a, an rest' lye: i co (discussed at July 11, 2018 Show Cause hearing) ® F!es ( S ) N ;t Substantatd 4 Gr S t e rc nta ination ( %S %, 20 i di aste ;s, s St, b It Pp t t r s s H e n I st r n in k man J l e YY t 4 t c t li • is futve eb is a x $t : = r •.;tenthi n is c5_, USR-1285 Recorded 7/30/2001 11(lll Ittti*it UiIt4mteut t tit I1ti* ai silk 711O��iSU ul 1 of 111 taro 0 0.90 Wald Oddity tO SITE SPECIFIC DEVELP0MENT PLAN SPECIAL REVIEW PERMIT DE VEL OPMENT STANDARDS LAMBLAND. INC.. DBA A-1 ORGANICS USR *1285 Y. Pip Site SNOlf10 D nrox.evff Plan en Ilse by Spacial mavfav Prwlt is far a Solid gist, Olaposa, Jots I Composting Facility I In the A lapriouittnll Ions Dfftrtat, de Indicated In the w i tootle, anima an filo aid subleot to Ha DMfapeenP Pandora Nat*, fetus. 2. Apyvestt Of f000 Oia any a -wit a mirth Dreary rtgfrt ix:award to Soutie, ISO of ins plaid Cosily toning °refnona. 3. The VI Of Ierhtton aro dean Wye a an. fee 6seoo.a to If: pan pan 4. Sinai and fCOltI►I51 WWI Op,ply vltft MO Motif lea. eto,s.-Re. MUM end negui atlas* at ttm Csla-..s. Oapart.manr of lllsalth and Enrfranant. the Voter 0uoi I ty Donft,et CCaWnian. tip Air Pollution Control Dfvlsion. and Me toad) los and trainman. 6. if during the operational ootivf7151 of role tooltlty, tnfcraetlan 1e revealed tfgt pans the currently held oanoeet of the ells. the nerardeua Nalrlalo and Safe Ytivc, ___1f Orrfslan Of Us Caforactorteene Of PO tO lspf and fflvlrorl51nf nay 'WOO 1430440a tO the Aaron cand Oporoffonit Pia,. In additions recu(amry aurae Mat the Camases Darr►den► o• Meals Meal M One Envitonsent any teple.eht In the tutus* sot. Oleo bender binding and neosnftofe at float Ions to it,. DeeIDn Add lipeatla,e Plan. 6. The fbel:Icy Mots comply v11n fns Regulations Mrtolninp to Sella smash Dlsnoaol Sites and Fault f f ie 16 EP FDOT-f ) prdsylaafd pursuant to the &slid date Par. d5 otICOrSO. Irtla• .A 20. Port I. C.S.. I. the ty snort O. gorrarew in a annIer to control ll.pltlpe abler in docordonof mlto its eppr•ora4 Duet Abatw.ant blot Of al I ties. wAOdf.11rlanoi duet abatement ec.ww shot, bs bsobtaanfe4 at the roost of Me Vila Cowry aiOsrtfioi of Marra AbOaltn aW entgrOniment in too ovens if If amtw,nlnsd that out fn a nuisances canditran. E. 6) 000r0I S�. In fty � i e anronspf In 4, wt* 1 weal manner /bate.snt Plan. Additional fry aantr0ltlhn)pona-o. .halt be raOpp)wwotod of ins r.gaat of fa held Canty Oe*.rteent OF hallo xealth Ono fnvinorrrnt In Hie want tai file* ere In daft O Moor to be oaerte -.d o nrr.larer oondrfnoh. The old'' shelf oleo Me ftopionentel In the swan the Old Catty OspertIonf of P SI(C 1101lfh ono Environment rosins a ala,tflaant ranter Of ff/ tarplolnts aseocSMd rltn fwltlty ono. In the IuabwwSrt of ti. Mild Canty IrplM Officer, theirs exists o f ly aendrtion ruourelno soya nt s. rte fOof i sty ra. aeO shall roted In a ntorrr mat awn-ota odor In ocoerdpncf with rte (porova0 Odor AbttdlNnt Pla. Odors 0etaoteu off city Croft not .'tared the fever of f1 ctsao-fares Ot )ut t'on ttr pwf 0. ae A*Oiuro0 pursuant to peedlet!.yt f of to Cameros Air Pollution Contra, A.gumotians. Additional odor wofwmnf awoaarns hell a g: ,ienenrW at the r00400 of the ears County Dear/Ann- of Ptbl to health and inv Ire -want in tnr event cedar revale arsons off sip of trio foollrty stet ar sand the loses of fifteen••te•n dilution tllrehoia or. In Hr jodpost of rho Mild County Health fflar. Moro sxlito an afar Oa4ltfan rsµllrinp cMfsaant. r0. nite tooriffy aaoat senora ro fn. Amichrtt pann)aele,e note. level. allowed in tee Industrial lone as a/ihaafed On Sedflon 2s -1z 10.1. C.R.S.. Thins Spoofed MVJes Pewit site awe #satiny anal! a operated fn oappr)g4e 'DM/ dry• memos Alf Motion Parole APpreedDenort.eUw tne Air Pollution Control nt at Ami o IAsofihaDivision LnrIrs t Oer N o 19. lip 0.' avrnf 0100010/ 0 east.. WWI be semi#M4 Oi hip site. Arty ao) fd Ware. &hoar than !hoer being aoririly catpoats& cm defined In rho erreuratgly pert@Iola 7a Solid .hate Oluaosyf Erta and Feoflf far IS CQ7 TOO -a ) recefr.o ar gverat'd of the olio seat be /graved and a)spgpp7 Ot p, oporoved ¶3.1is.fp evefofldMoll s11tianti ad, eared. awl disposed of in a Aarv7er that centrals ftptr)v0 Oat. wowing aorta. OM °Sher pafpn(p1 trllial0r oonuit ton.. 14.7h6 tnl o I t y ideal reorf w and propene aniy Moro nntrlals that ore assrlal On Me mime's ted 497loot ion mfriola 60fto duty tf. 204' 7th *1C Ccrmty Deco -tennis Of Pi{.bti0 INOf th and Environment. and Planning Srvisa0. ono Ina Colorado Dupar-tant of Pitt la iSOi to one tlwiramwt tsoil a notified In *riling of any add)ftap/ material, framed for oaopaef Iinip.� rr ltren aparOvoa to pv'aew rota aptpa.tlr>p snail be Detained feat the Veld County aartsent Of Patio ltfOf th and Envll'olmpnt and tip Cola -doe ORpata.nt of Paolo neelth ar4 fhviransnl pr mar to rootlet of file new Rutrial. Sudm)tla4 iftAink,tlCn shell Include aw.ratianoi prao.Oree and stamp araosaWa.. ¶5.0 motor argn enoff DO prNhd of tip toeS11}), enMernoe. Ina nisi Shoo! a a itenralal of three liar in r)ath one fair fe-t In reams. The Alen tool( sfote try fat lodin0: 4. Move of opereflOn O. rya of tool l f t'. t 0. Cm lvtan! Sacco Crocco! Syttom ltho crequiredfy or erg nova oratory tart wur4 r.vlrr a septic spirts. and shall a Moto, ISO octrding Yo ins sold tawny I.S.D.S Paau)otlan.. A rout syetoa shoal Or oodaptaers. If a vault 1. Motorist. papinorscofda trldi? M kept for review A foliate toilet *Jollity 'twit se prpv tried and mann:oned an alto unto! etch time as a per.onOnt 7.5.9.7. In ;notaries. $7.1aon wlv.ilp dad slip+I be oaptruotrd in d00aramme with Me tntcol kdictno Idd Melon that tics been review and approved by the Mild Catty Deportment of P4AlI V. Jhe env lrcne.nt end tns Coraoaw apartment of r,ic r,,, - awls Environment. I - !or -4 atoll be euasltt.o to Mo .e4a'....mit iyosrtasre at Pt ssa •. arth Ma nvinnenrt end the tolaab et,1MOW of P. le Meaifh n4 Environment •rIr to la moo ach•Mxlna sad Td7 daaehstrotes till. pod soh eons trims tad In acoa-donoe with the cyproved Wain, pad 0aa1gn. to if ItSWda and MTI-.ei Ice must ba abate an a SatpiOtrd lofting nod. Il. All sin rotor that hp oars late ooflfa.f with Vela Atleffafe On the site sill be sonfirpd an the sit.. In the anew that storm rotor I. ref oaspi3Otely aararol ied an the arts. upon writhe/1 baffledt14n free the Void Canty Deaarhenf of Attic Mwlth and Envlrw,n n► or ire Colorado pspertm..tf of Apr ro m.01 th pod Environment.. a obrprananf t to f l fe-ulS Jtardr ee r Plan oho)] a developed and h IVOOMs, lotto! by itS file " Dinrtmi t of Pupil* health and fneirandent and the doorafo Deco -taw w of Ramp Naito 010 Moronism. same fa:f i f ty shoot IOW, Roth rnf capproSsa Soil ae9 araneater MHnttwrnp Play. 101.Any bolt !taint* or .Old-.ol ids plot are aired an us* bats anall be sheaf In eaMOiMrs that oasoly sit fn. s modulations E OCR se,TOr') aOwtvi4 oar hat !WS rooslvrd Mr i,rltteft approve( of ins Old County Deportment of knife Amain and fnrirownr. TMs Is not seat to malice those tiavra Of eeret-api it$0 tint fhlty upon Inc(rprratad WOO the oolpoatlnq draftee. 22. All oanetnivtian an tie prcp•rty snot) be In asapryaee entn try Sid County Ru'fdfng Code Cretans,. farms property away a orator mhos) w raesc eiars for 51(4 complying Catty Janne P'OMaloa tarn iStandards of section 14.6 0: the 2•. Tns property owe or master Orel t Pt r.lpaele to for hcomno mold County the i►enda.'di Of Raton 14.4 of 2S.Peraawr/ Ina the We County soartost of Pielio Meoith and enrefronoanf and Praying SVrtesa ypff oe platted cross- trio property of oty removable tlsa In ° .r to anon Its tivrtfes escorted an at We pro mrty soy won the Devel emvnt stato rde stated herein and oil opp'taabie Meld Canty regulot lane. 3b. tnr Lae Pg JaeWWOl (levier OW Athol l Do United to ins OiarM Moon Aafsat one punched by the forngolnp .tanaaraa ad al - pmilocele Weld Canty ;Divotripauttplpna. i*wffontlol cncrues & aid I reaus Ow plrafar arprowl of an awe.,. t o Me Siontionou co shown r persit es* Via gild Caatty P?arvnlrtg asewinfareri Nhrt bsh Otwpps� flan► fns peony or Qaef basint Staminaore•ermlt+M. Any a nor ain't anon? es filed fn the at'flac of tic Department of Planning Service.. V. rte Oraaa fy over ar tie ta- thaiV be rspaefbit For oorrp lying with all of the fr.gt1np Otv.rapesftt Swards. ManseIlance Oita any of the vfa-sgoInd Development Standards County Canarsef. � Ian rte Wrmit oy My RATTLER =CV ORGANIC RECYCLING FACILITY Special Review Permit USR - 7285 S TE PLAN A PORTION OF SECTION 36, T. 3 N. , R. 64 W., OF THE 6TH P.M. , COUNTY, OF WELD, STATE OF COLORADO n 1JM, Res tfa Con. r I M, R 64 I f SW CCA. Sit. FSS. I 4 V rysIc., -O•d swiss Nixfro Pea [To aunty toad St al culidfng Site) Prison., head IS Properly L tne ea Ong ass Well 'Sryiptcsu n Sate* Mixing Pad Pro(uarty L Typical A Potent t o 1 Product f o9 Area 68 Acres .If J N. IL s $ea Casa. Y aft. $d PI r J A. is Scale 1" = 300' Cwaomnaq tr.l Stares. Nordteam Drain Pod *PilT Potential Production Area 30 Acres r P.t.nflO( 60.0n0 Art., ?Meal -say "rot SWf0ae Mixing roe r /Whttiol Suing: ftj S)hl Property Line se caR. SEC. tjj I3M. A OA rota. it 6 In ode. tCC. N 7J M. O ofe Si OOR. Std. Ja t 3 al. A 64 w T. 3 N. T. 2 N. EY: VICINITY MAP 26 AlfreHeydea \ 25 se ale „Ennis Draw 1�' 30 \ PnnerVy % Field Services 1 �+ 3 6 Coon, energy J 1 .\ 35/31 PosteI t Mapamen(Q�Ot Wdd itonw4 3 Connie wo ' "ki5 7rVytN e / Woe° 1(pgetlisrht A►onor4 S Connie Hark:* Trustee's ' Orchard A Connie nnSarkis Of Colorado • Trustee's 2 1 a,* ,pTr1 6 "*"------Private Road Scale 1" = 1/2 mile PLANNING COMMISSION CERTIFICATION This is to certify that the lYald County Planning Commission has certified and u..es hereby recommend to the Board of County Commissioners, Weld County Colorado. for it's confirmation, approval and odpotion of this Site Specific Development Pion oral Use by Special Review as Shown and described thereon this /7 day of $a . 2001 4 Chair. Weld County 3lanning Commission BOARD OF COUNT; COMMISSIONERS CERTIFICATION This IS to certify that the Board of County Commissioners, meld :aunty, Colorado. does hereby confirm and adopt this Site Specific Developemeni Mon and Use by Special Review and De :lopement Standards •e: shown and doscr'%:d hereon this /. •f air. Board of County,,.; test: A%Mtf��'/i.'�r,. . - efd County Clerk to It Deputy Clerk to he Board Doted: PROPERTY OWNER'S CERTIFICATE The undersigned major property owner(sl do hereby agree to the Site Specific Developem9nt Plan and Use by Specla. Review Developement Standards as described hereon this day of t 2001. Signature St cember 1, 2!x17 WCDPHE conducted a scheduled inspection. Staff noted that debris had left the site boun arses. ® January 1 , 201 - WCDPHE received a complaint from neighboring land owner about debris blowing to their property from the A-1 facility. J u r 1 g 2 1 ® WCDPHE conducted a site visit and noted debris leaving the site. January 25, 2018 — WCDPHE issued a letter to A-1 outlying the debris issue and a timeline to comply with their Development Standards. ® Febr . ary 25 201 ® WCDPHE received another complaint regarding blowing debris and odor. rii 1 , 2IU '_ •ro•a .fie Cause Hearlin hei • Before the F3o r j• to aress the bi ke ros hich f.iOs un r lievelooment Strd 13 f US -12 5 '\.r:hch sty tes: "aste r teriaks shall nee h a n led, st gy red and } as kosex fa Y a n n -� r that Ctr`' k futve • '.,, stp other ..tenti.d nuisance conditions The oard fou d that there was sufficient prbable I I I n e cause to schedule a Show Cause Hearing. .. .y as ong ras, a S Alt ti t 1, 2 1® Fence is required to be co pet-idm WCDP E visited the site on ay 4, 2018. The fence was completed and debris cleanup continued. 15th •af e ch i- • r th ® A-i to spy pply st, t . s reports to f �.CII)PHE il An update was received in May and June outlining site status and debris cleanup. aw 15, 2 -Submittal of A ebrns Contro4 and Abatement Phan to the C E an•: 5.41",y;C :P Es © Approved by both Departments. J&. n - , 211 ® ` `.'`CDPE c d cte • an inspection f the facility ® The Facility was found to generally be in compliance. v i ut ist,T A-1�S Tl l� �� 7 "a is li se 11, q k i �, of Y . �,�,,� eek of July 16, 2018- WCDPHE received a complaint concerning flies. l s f e r e ri July 19, 2018 — WCDPHE Staff conducted an inspection and contacted the facility to increase mitigation efforts. Week of August 6, 2018- WCDPHE conducted a follow up inspection. August 17, 2018 — WCDPHE received another compliant concerning flies and odor. August 22, 2018- WCDPHE conducted another inspection of the facility. During this inspection staff noticed a decrease in flies. August 29, 2018- WCDPHE conducted a follow up inspection and issued a letter indicating the reduction in flies, but to continue efforts. September 19, 2018- WCDPHE conducted a follow up inspection and determined the facility had mitigated the flies successfully. November 1, 2018 — WCDPHE conduced a scheduled semiannual inspection, with the State. No compliance issues were noted. November 7, 2018- WCDPHE received another compliant of odor and dust. An inspection was done with no compliance issues noted. Currumnt Situati..•n ® The main debris fence along with 2 additional fences have been installed. ® The debris has been removed from neighboring properties. ® A more comprehensive debris control plan has been submitted and approved by the State and the County. ® Fly mitigation efforts reduced flies to an acceptable level. ® Numerous odor redings were taken with no reading above a 4:1 D/To ® No documentation from the CDPHE regarding groundwater has been received. ® Facility was in compliance with most resent County inspection. Section 2-4-40.0 — Weld County Code: Where the Board is considering the revocation or suspension of a permit or license, including but not limited to uses by special review and permits issued under Chapter 21, but specifically excluding liquor licenses, the Board shall consider evidence and statements in mitigation and in aggravation of the violation prior to determining the appropriate penalty. Such evidence and statements may relate to and include, but not be limited to, the following: e o O 0 The compliance history of the party against whom the complaint was made with respect to the permit at issue or other County -issued permits. Good faith efforts on behalf of the person against whom the complaint is made to comply. Duration of the violation. Economic benefit of noncompliance to the person against whom the complaint is made. Impact on, or threat to, the public health or welfare or the environment as a result of the violation. Malfeasance. Whether legal and factual theories were advanced for purposes of delay. In addition to the factors set forth in this Subsection, the following circumstances shall be considered as grounds for reducing or eliminating penalties: ® The voluntary and complete disclosure by the person against whom the complaint is made of such violation in a timely fashion after discovery of the noncompliance. • Full and prompt cooperation by the person against whom the complaint is made following disclosure of the violation, including, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts. • The existence and scope of a regularized and comprehensive environmental compliance program or an environmental audit program. Substantial economic impact of a penalty on the violator. Other mitigating factors. EXHIBIT STEWART ENVIRONMENTAL CONSULTING GROUP, LLC ENGINEERING NGINEE:RlNG FOR LIFE November 13, 2018 Mr. Michael Hall, Planner Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley, CO 80631 Subject: Project: Dear Mr. Hall, Case Number PCSC18-0006 Al Organics — Guttersen Ranch Environmental Issues b A O a L 43,s,jg -off ACE f%i F:: ikit(g We are in receipt of your letter dated November 12, 2018 which we received by email this morning. After review of this letter, we do not agree with your conclusion regarding the current status of the fly issue nor the groundwater contamination. Under separate cover, we will be providing an additional report showing that the fly issue was not resolved until the winter weather arrived in late October, effectively killing the flies at the operation. We also will provide additional information on the off -site groundwater contamination from the Al Organics site which is in violation of the groundwater standards set by the State of Colorado. We will be providing this report to both Weld County and the Colorado Department of Public Health and Environment. We reserve the right to bring back these issues to Weld County Board of County Commissioners and the planning services department. Please contact us if you require any additional information. Sincerely, STEWART ENVIROBNMENTAL CONSULTING GROUP, LLC David R Stewart, PhD, PE President cc. Mr. Art Guttersen Mr. Shawn Guttersen Mr. Parker Guttersen Mr. Lance Astrella Mr. Jonathon H Steeler 748 WHALERS WAY, SUITE 210 FORT COLLINS, COLORADO 80525 970.226.5500 970.226.4946 STEWARTENV. COM CONSULTING ENGINEERS AND SCIENTISTS From: To: Cc: Subject: Date: Attachments: Dawn A. Brazier Esther Gesick mmartin(a we dgov.com; Tisa Juanicorena; ance(Thastrellalaw.com; steven(a astre a aw.com; K.C. Groves; Kira Suyeisht; Regina Drexler Docket No. 2018-66; Re: Show Cause Hearing, PCSC18-0006, Concerning Use By Special Review Permit, USR- 1285 Friday, November 16, 2018 2:56:21 PM 2018.11.16 - Brief Regarding Show Cause Hearing For Use by Specia Review Permit.pdf Exhibit 1 - 2018.11.08 inspection etter - ratter ridge.pdf Exhibit 2 - 2018.11.12 PCSC18-0006 SHOW CAUSE App icant Letter.pdf Exhibit 3 - Reso ution re 2018.04.16 hearing setting show cause for 2018.07.11.pdf Exhibit 4 - 2018.05.25 CDPHE etter to A1.pdf Exhibit 5 - Debris Mitigation Costs.pdf Exhibit 6 - 2018.07.10 Keith A Roehr DMV inspection Letter.pdf Exhibit 7 - Letters of support.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, Attached please find a copy of the Brief Regarding Show Cause Hearing for Use by Special Review Permit, USR-1285, Issued to A-1 Organics for the Rattler Ridge Organic Recycling Facility with supporting exhibits submitted on behalf of Lambland, Inc. d/b/a A-1 Organics, Inc. in connection with the above -referenced matter. Please let us know if you have any questions. Sincerely, Dawn A. Brazier Dawn A. Brazier Paralegal LEI Ireland Stapleton Pryor & Pascoe, PC 717 17th Street, Suite 2800 Denver, CO 80202 Direct: (303) 628-3693 Fax: (303) 623-2062 www.irelandstapleton.com This electronic communication (including attachments) is intended solely for the person or persons to whom it is addressed and may contain confidential and attorney/client privileged information. If you receive this communication in error, (a) you are prohibited from disseminating or copying this communication (including attachments), (b) please notify the sender that you received it in error and (c) delete this communication (including attachments) from your system. Thank you. in D EXHIBIT M ?CSC, I gee bou, BEFORE THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY STATE OF COLORADO RE: SHOW CAUSE HEARING, , PCSC18-0006, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1285 — A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLYING FACILITY DOCKET NO. 2018-66 Attorneys for A-1 Organics: K.C. Groves, #20832 IRELAND STAPLETON PRYOR & PAS OE, PC 717 17th Street, Suite 2800 Denver, Colorado 80202 Telephone: (303) 623-2700 Fax No.: (303) 623-2062 B -mail: kegroves@irelandstapleton.com BRIEF REGARDING SHOW CAUSE HEARING FOR USE BY PE+ CIAL REVIEW PERMIT, USR-1285, ISSUED TO A-1 ORGANICS FOR THE RATTLER RIDGE ORGANIC RECYCLING FACILITY Lambland, Inc. d/b/a A-1 Organics, Inc. ("Al Organics" or "Al "), by and through its undersigned counsel, Ireland Stapleton Pryor & Pascoe, PC, respectfully submits this Brief Regarding the Show Cause Hearing for Use by Special Review Permit, USR-1285 (the "U R") before the Board of County Commissioners of Weld County (the "Board") on November 19, 2018 at 9:00 am (the "Hearing"). This Hearing is continued from July 11, 2018. INTRODUCTION A1 Organics recently received two letters from the County. The first letter, dated November 8, 2018, is from the Weld County Department of Public Health and Environment (WCDPHE11) and is attached hereto as Exhibit 1 (the "November 8 letter"). The second letter, dated November 12, 2018, is from the Weld County Department of Planning Services ("WCDPSTt) 2862555.6 1 and is attached hereto as Exhibit 2 (the "November 12 letter"). Together, these letters make clear that: (a) the only issue ripe for consideration at the Hearing relates to windblown debris, and (b) WCDPHE has determined that the windblown debris issue has been resolved. See EXs. 1 & . The two letters explain that the County received complaints about windblown debris, odor, flies, and groundwater quality concerns allegedly caused by operations at the facility. In the November 8 letter, WCDPHE explains as follows: • "During the inspection on June 8, 2018, it was noted that implemented abatement measures, outlined in the approved Contingency and Debris Abatement Plans, appeared to have mitigated the offsite debris issue at the time of the inspection; there was no debris apparent off site." E. 1, p. 1. WCDPHE tested for and found no odor violations at the facility. Id. • Al implemented a number of fly abatement measures and, based on an inspection by WCDPHE on November 1, 2018, "it was noted that there were no flies present." .d. Based on WCDPHE's November 1, 2018 inspection, "it appears that the facility is generally in compliance." Id., p. 2. In the November 12 letter, WCDPS explains as follows: • WCDPHE "was responsible for determining whether a groundwater contamination issue was present. WCDPHE staff had conversation with the CDPHE, but no doctunentation was submitted to substantiate this claim." Ex. 2, p. 1. " DP. . also reaffirmed that there was no odor violation and that the windblown trash/debris. es issue had been resolved. Because the flies or water quality issues have either been mitigated or not substantiated, the second Probable Cause hearing was not scheduled and the November 19, 2018 Show Cause hearing will only consider windblown debris." Id, (emphasis added). "The Weld County Department of Planning Services and Weld County Department of Public Health and Environment have not been able to substantiate any active violations at the A-1 Organics Rattler Ridge Organic Recycling Facility ...." Id., p. 2. 2862555.6 2 Al Organics respectfully requests that the Board find and conclude that: (1) Al is in full compliance with the USR for its Rattler Ridge Organic Recycling Facility (the "Facility"); (2) no adverse action should be taken against the USR; and (3) the complaint regarding offsite windblown debris be dismissed. BACKGROUND Al organics has been handling waste for composting in Weld County since 1974. Al is a pioneer in establishing commercial composting as a legitimate solution within Weld County and the State of Colorado and is a highly respected operator in the industry throughout the United States. Al Organics has been the key stakeholder in establishing composting regulations in Colorado. It has been recognized by the United States Composting Council (t1USCC) as the Composter of the Year, by the Colorado Association for Recycling for the Lifetime Achievement Award, and by Upstate Colorado as a Company to Watch in 2014. Al was nominated for Colorado's Environmental Leadership Program ('ELP") by the Solid Waste Division's Regulatory Compliance Division Unit Leader Roger Doak in 2006, related to its testing, responsiveness, innovation, and leadership. Practically speaking, Al handles the waste materials that no one else wants to manage, including paunch manure, feedlot manure, packing house wastes, biosolids, and food waste from food production facilities, including JBS, Leprino, Aurora Dairy, Meadow Gold, Noosa, Miller Coors, Anheuser Bush, microbreweries, grocery stores, restaurants, and other waste sources. At processes nearly 350,000 tons of organic waste a year at their four facilities two in Weld County, one in Adams County, and one in Arapahoe County. It is also the most significant operator 2862555.6 3 handling this type of waste in Weld County, and the Facility is a critical and interrelated component of these operations. Al also serves as an emergency processing facility approved by the State Agricultural Department's Veterinary Medicine Division as a resource for responsibly and safely handling massive animal casualty events associated with Weld and other counties' CAFO industry (bovine, poultry, pork, etc.) should a mass die off occur. Al's operations have provided environmentally responsible alternatives that create valuable and beneficial products for the agriculture, landscape, erosion control, and oil and gas industries in Weld County. Al has done more to advance organic waste diversion than any other entity in the Rocky Mountain Region. It has also proven to be a valuable provider of carbon sequestration, water conservation, and water quality. There are thousands of other companies and individuals in the county and state who rely on Al's Facility for responsible management of organic waste streams. If operations at the Facility were stopped, the vast majority of the waste material could be forced back onto the land and into landfills. Al is also a responsible employer of approximately forty-five employees within Weld County, including ten dedicated to the Facility. Any revocation or other adverse action related to the Facility would immediately and adversely impact these individuals and their livelihoods, as well as the livelihoods of other individuals in Weld County who rely on the Facility's operations for handling waste. WINDBLOWN DEBRIS ISSUE After a Probable Cause Hearing held on April 16, 2018, the Board issued a Resolution, attached hereto as Exhibit 3 (the "Resolution"), scheduling a Show Cause Hearing for July 11, 2018 to determine whether the USR issued to Al for the Facility should be revoked. See Exhibit 286255 5.6 4 3, p. 1. Pursuant to the Resolution, the sole issue to be considered at the Show Cause Hearing is whether or not Al is in compliance with the following Development Standards: 13. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. I. Al's Successful Debris Abatement On May 25, 2018, CDPHE approved Al's Contingency and Debris Abatement Plans for the Facility. See letter from CDPHE to Al Organics dated May 25, 2018, attached hereto as Exhibit 4 (the "Contingency and Debris Abatement Plans"). The Contingency and Debris Abatement Plans are the same plans that are referenced in the November 8 letter, in which WCDPHE noted that "implemented abatement measures, outlined in the approved Contingency and Debris Abatement Plans, appeared to have mitigated the offsite debris issue at the time of the [November 1, 2018] inspection; there was no debris apparent off site." Ex. 1, p. 1. As noted, the November 8 letter states that based on WCDPHE's November 1, 2018 inspection, the Facility is in compliance. Id., p. 2. In addition, the November 12 letter states that WCDPS and WCDPHE "have not been able to substantiate any active violations at the A-1 Organics Rattler Ridge Organic Recycling Facility ...." Ex. 2, p. 2. Al's Debris Abatement Efforts Notwithstanding Al's successful debris abatement, Al believes it is important for the Board to understand the measures Al has taken and continues to take to fully abate offsite windblown debris. These measures have included, among other things, installation of an 18 -foot debris fence (to be shown in the PowerPoint presentation at the Hearing); hiring temporary labor for approximately 2,000 man-hours from April 26, 2018 through July 2018, and the purchase and 2862555.6 5 operation of a large sweeping truck and rake and other equipment. Further, Al has dedicated significant company resources and personnel to address the debris issue, including significant time and attention from all the company's officers and management team. As of July 2018, Al Organics had spent at least $134,000 to implement these mitigation measures, both before and after the Probable Cause Hearing. See Exhibit 5, summary of expenses paid for cleanup and mitigation efforts. Al's Efforts to work with The Complainant Al asked Mr. Guttersen on multiple occasions, before and after the Probable Cause Hearing, to provide his input on other measures he would like Al to undertake to cleanup or mitigate debris, to inspect and access portions of his property for cleanup efforts, and to discuss resolution of the debris issue. Mr. Guttersen has alternately ignored these requests and periodically cooperated. In this regard, when Mr. Guttersen complained that the temporary workers were not going deep enough onto his property to clean up the debris, Al Organics immediately sent the temporary workers deeper onto the property to conduct additional cleanup operations. Al also requested permission to send trucks and equipment onto the property, including agricultural rakes and appropriate vacuum equipment, to aid in the cleanup efforts, but Mr. Guttersen denied these requests. The refusal to permit debris removal via equipment rather than human efforts has increased the time required for removal and increased the risk of human injury or death due to the rattlesnake population. In a conversation on May 31, 2018, Al informed Mr. Guttersen that its senior management had walked over a half -mile into his field and requested his acknowledgement of the progress that had been made. Mr. Guttersen denied any progress and stated, contrary to the facts, that "nothing had been done" and that debris was "scattered for miles." On July 12, 2018, Al's President and 2862555.6 6 CEO, Travis Bahnsen, accompanied Mr. Guttersen on a tour of his neighboring property to identify any additional, far-reaching areas that may still require cleanup. Mr. Bahnsen and Mr. Guttersen toured the adjacent field where the debris issue had previously existed, and Mr. Guttersen commented that he didn't see any trash in the areas immediately east of the field. During the tour Mr. Bahnsen and Mr. Guttersen saw a few small pieces of trash along the road, in a low spot, and near the southern fence on Mr. Guttersen's property, and Mr. Bahnsen committed to having someone clear those pieces of trash immediately, which was done. Al has continually had clean- up crews removing debris close to Mr. Guttersen's property line to prevent any debris from encroaching onto Mr. Guttersen's property, and this was done as recently as November 14, 2018. Since the July tour, Mr. Guttersen has not contacted anyone at Al with any concerns or complaints regarding debris. Al Organics never had a complaint from the previous owner of the land now owned by Mr. Guttersen or anyone else living in Keenesburg, nor any complaints from Waste Management or Coors Energy, which have been neighbors of the Facility for eighteen years. Al Organics has a reasonable concern that the principal objective of Mr. Guttersen, the single complaining party, is to "shut down" the Facility, as he explicitly stated to Al . ir. Guttersen purchased the land next to Al's parcel and has made several offers to buy the land from Al over the years, which Al has repeatedly declined. Mr. Guttersen also attempted to require payment from Al as a condition to permitting its cleanup efforts on his land, asking that Al lease up to 2,500 acres of ground during the cleanup at the unreasonable price of $100,000 per section. Although Al informed Mr, Guttersen that the amount was unaffordable, it offered to provide compost as compensation to Mr. Guttersen. Mr. Guttersen rejected this offer. 2862555.6 7 At every turn, even with regard to matters unrelated to windblown debris, Al has been prompt and responsive to any concern expressed by Mr. Guttersen and has attempted to address the issue. For example, in May 2018, when Mr. Guttersen complained about the new fence installation causing sand to accumulate on the road, Al Organics sent a street sweeper the very same day to clean up the sand, and it assured Mr. Guttersen that it would continue theseefforts and did so. Also in May, when Mr. Guttersen complained about potholes and Al Organics' drivers allegedly speeding, Al Organics immediately undertook to fill the potholes and installed speed bumps. In response to odor complaints, and despite no odor violation ever being recorded at the Facility despite ongoing testing (see Ex. 2, p. 1), Al spent significant sums of money to add a biofilter to its liquid tanks to mitigate odor. Similarly, Al Organics spent considerable sums to address pest issues about which no formal complaint has ever been made. Al has expended considerable amounts of time and money to work with Mr. Guttersen to assuage his concerns, but Al is concerned that no matter what efforts it takes, Mr. Guttersen will continue to be displeased by .l's mere presence. Alleged Risk to Cattle At the Probable Cause Hearing, Mr. Guttersen claimed that windblown debris has caused a significant risk of harm to his cattle and prevents grazing. However, Mr. Guttersen has never provided Al or this Board with any evidence of this alleged risk or of any actual harm to his cattle. Given that, Al objects to the presentation of evidence as to that issue. Al further objects to any reliance on the alleged health effects related to debris on Mr. Guttersen's cattle without the opportunity to rebut the same with expert evidence. Mr. Guttersen is not a veterinarian, he is not an expert on cattle digestive issues, and he is not qualified to opine on these issues at the Hearing. 2862555.6 8 Finally, the debris issue has been mitigated such that there is no remaining debris that poses a credible risk to the health of Mr. Guttersen's cattle. On July 10, 2018, Dr. Keith A. Roehr, DVM, a Colorado State Veterinarian with the Colorado Department of Agriculture, inspected the property adjacent to the Facility on the east side of WCR 59 for the potential of health hazards to cattle. He concluded that in his opinion, "the potential health hazard to cattle or other livestock on [the] property is minimal and not a credible health risk." See Letter from Dr. Roehr dated July 10, 2018, attached hereto as Exhibit 6. Dr. Roehr will be present at the Hearing to provide expert testimony to rebut Mr. Guttersenis contention that any remaining debris poses a health risk to his cattle. APPLICABLE LEGAL STANDARDS AND ANALYSIS The WCDPHE bears the burden of proof to show that Al's USR-1285 is properly revoked. WCC, § 2-4-50(J). A party to a proceeding has the right to present argument and oral and documentary evidence (WCC, § 2-4-50(E)) and to call and examine witnesses, introduce exhibits, cross-examine any witnesses on any matter relevant to the issues, impeach any witness, and rebut any evidence. WCC, § 2-4-50(G). Pursuant to the Weld County Code ("WCC"), where suspension or revocation of a use by special review permit is being considered, the following factors are properly considered: 1. The compliance history of the party against whom the complaint was made with respect to the permit at issue or other County -issued permits. Al has a history of full compliance with respect to the USR and otherwise. The windblown debris issue is Al's first compliance issue subject to a finding of probable cause. 2. Good faith efforts on behalf of the person against whom the complaint is made to comply. As noted, Al has successfully abated the offsite windblown debris. See lxs. 1 & 2. Therefore, a suspension or revocation is not appropriate under WCC § 21-2-420, nor do the procedural and due process requirements of that section permit those outcomes. 2862555.6 9 3. Duration of the violation. As noted, the cited debris issue was shortalived and has been successfully abated since the April 16, 2018 Probable Cause Hearing. See Exs. 1 & 2. 4. Economic benefit of noncompliance to the person against whom the complaint is made. There has been no economic benefit received by Al as a result of the windblown debris issue. Indeed, Al has incurred significant expenses to successfully abate the debris, as set forth in Exhibit 5. 5. Impact on, or threat to, the public health or welfare or the environment as a result of the violation. There has been no adverse impact or threat to the public health or welfare as a result of the windblown debris issue. Mr. Guttersen has been the only party who has ever complained about the issue despite long-term operation of the Facility since 2000. 6. Malfeasance. There has been no intentional or negligent conduct on the part of Al with respect to the windblown debris issue. Perhaps Al could have acted more promptly to address the debris issue, but the issue was unexpectedly and rapidly exacerbated by the overnight closure of the Heartland Biogas facility, the resulting increased demand to divert such materials to the Facility, and the unusually high winds from late 2017 through April 2018. Also, the prior request by Mr. Guttersen that Al not install debris fencing and other delays in cooperation, direction and access prevented earlier efforts. Since the beginning of 2018, Al Organics has undertaken significant efforts to successfully address the issue. 2862555.6 10 7. Whether legal and factual theories were advanced for purposes of delay. Al has never advanced any legal or factual theory for the purpose of delay. In addition to the foregoing factors, the Weld County Code provides that the following circumstances shall be considered as grounds for reducing or eliminating penalties: 8. The voluntary and complete disclosure by the person against whom the complaint is made of such violation in a timely fashion after discovery of the noncompliance. Al has fully cooperated with regard to the debris complaint and has disclosed the issues it has had with respect to windblown debris and abatement efforts. It worked actively with state and county authorities to develop and gain approval of its Debris Control and Abatement Plan in May 2018, and it has fully complied with the Contingency and Debris Abatement Plans (see Ex. 1, p. 1) and will continue to do so. 9. Full and prompt cooperation by the person against whom the complaint is made following disclosure of the violation, including, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts. As noted, Al has made substantial and good faith voluntary efforts to abate the windblown debris complained of by Mr. Guttersen. A 1 did so without any need or requirement that such efforts be legally compelled. Further, Al submitted its Design and Operations Plan (EDOP), which was approved in July 2000. The EDOP states that when nuisance conditions arise on or off -site, Al will deal with the issue "on a specific occurrence basis" and that "remedies or procedures necessary to remedy a specific condition will be arrived at through discussion with the governing body." The EDOP is clear as to Al 's commitment to address any nuisance issue with the governing body, and Al has fully complied as it relates to the windblown debris issue. Finally, in May 2018, Al Organics proposed its Debris Control and Abatement Plan, which was approved by the State of Colorado with input from Weld County, and its compliance therewith is compelled. As stated above, the WCDPHE has found that Al has complied with the Contingency and Debris Abatement 2862555.6 11 Plans, and that the off -site debris issue has been successfully mitigated. See Ex. 1. Al will continue to abide by the Contingency and Debris Abatement Plans. 10. The existence and scope of a regularized and comprehensive environmental compliance program or an environmental audit program. Al is regulated by the State of Colorado and Weld County environmental compliance requirements, including, but not limited to, compliance with the EDOP and USR, and has otherwise been in full compliance therewith. 11. Substantial economic impact of a penalty. An economic penalty on Al is not appropriate given Al's long-term compliance history as well as its substantial and costly voluntary debris abatement efforts, both before and after the Probable Cause Hearing. A fine is also not appropriate given that the debris issue was caused in large part by Al's efforts to respond at the Facility to the increased waste supply resulting from closure of the Heartland Biogas facility, as well as the unusually high winds in the last six to nine months. Under the Weld County Code, the amount of any civil penalty is properly determined as set forth in WCC, § 2-4-50(0), but is properly deferred on the condition that certain actions to correct the violation be taken. WCC, § 2-4-50(0). Given its compliance history and successful debris abatement efforts, Al Organics respectfully contends that there should be no fine, suspension or revocation related to the windblown debris issue. 12. Other mitigating factors As set forth above, Al organics has been an industry, state and county leader with regard to composting of food waste. Its role in the community is imperative to established US EPA and State of Colorado food waste diversion goals, economic development and the improvement of the county overall, including the business community and quality of life for county residents. In this regard, the operations of Al, including the Facility at Rattler Ridge, avoids the accumulation, 2862555.6 12 overfilling and overuse of landfills, which produce negative environmental impacts, including methane production. Al's Facility allows this waste to be diverted for environmental -friendly use, which provides a significant economic and environmental benefit to Weld County and its residents. Al is a valuable part of the community of Weld County, and it is committed to continuing to operate as such in full compliance with all Weld County regulations. Al has attached letters of support from neighbors and neighboring businesses, attached hereto as Exhibit 7. pp CONCLUSION For all the foregoing reasons, Al Organics respectfully requests that the Weld County Board of County ommissions find and conclude that: (1) Al is in full compliance with the USR for the Facility; no adverse action should be taken against the USR; and (3) the complaint regarding offsite windblown debris be dismissed. Respectfully submitted, this 16th day of November, 2018. ILEA STAPLET YO . & PA OE, PC B K. _ rov s, #20832 ATTORNEYS FOR LAMBLAND INC. dtb/a -1 ORGANICS 2862555.6 13 CERTIFICATE OF SERVICE I hereby certify that on this 16th day of November, 2018, a true and correct copy of the foregoing BRIEF REGARDING SHOW AU E HEARING FOR USE BY SPECIAL REVIEW PERMIT, U R-1285, ISSUED TO A-1 ORGANICS FOR THE RATTLER RIDGE ORGANIC RECYCLING FACILITY was served hand delivery and/or email on the following: Board of County Commissioners Weld County, Colorado d o Esther Gesick, Clerk to the Board Email: egesick@weidgov.com . Weld County Planning Commission. do Michelle Martin & Tisa Juanicorena Email: minartintrit weld ov.Co . Email: tjuanmeerena 'weld2ov.eom Lance Astrella, Esq. Steven Louis -Prescott, Esq. Astrella Law, P.C. 1801 Broadway, Suite 1600 Denver, CO 80202 Email: lance@astreila Iaw. coin Email: steivienreSastrellataw.com Origierairsignature on file at the offices of Ireland, Ss 4ieton, Elyor & Pasco /RCA A. brazier I' /Jte•Aby 286255 5.6 14 racjic) c o U N November 8, 2018 A-1 Organics Mr. Chris Skelton 16350 WCR 76 Eaton, CO 80615 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17Th Avenue, Greeley, CO 80631 www.vveldhealth.org A-1 Organics, Rattler Ridge (Keenesburg) Compost Facility — Second Semiannual Inspection 2018 Dear Mr. Skelton: On November 1, 2018, the Weld County Department of Health and Environment (WCDPHE), conducted an inspection of the Rattler Ridge Organic Recycling Facility, located at 12002 Weld County Road 59 and associated operation records. The operating records are housed at the A-1 Organic's Eaton Organic Recycling Facility located at 16350 Weld County Road 76, The purpose of the inspection was to assess compliance with development standards set forth in Use by Special Review Permit 1285 (USR-1285), and the Weld County Code. During previous inspections it had been noted that there was windblown debris that had left the site boundaries, and that WCDPHE had received complaints regarding this issue. These compliance issues were brought forward in a Probable Cause hearing with the Board of County Commissioners on April 16, 2018. In response to the hearing, A-1 Organics drafted Contingency and Debris Abatement Plans submitted to the CDPHE on May 15, 2018 and approved by the CDPHE on May 2 5 , 2018. , , . . ., •1 4 e.1 4 4 . 4 • F 4 . • 4 s 4 n. • 4 — 4 i a 4 • • w 4 to abide by the approved Contingency and Debris Abatement Plans. n • y . • 9 a !'r 4 9 i . I i. 4 1•i 1 t% 1 1 4 T • 4 4 ♦1A • 4 an. I . J 4 Please continue • T' i ar4 TT TT •.1 • 1 • 1 I I . 4 . 1 1 1 . 1 • 4 • 44 + 4 r "rani TZ ✓ �w During the previous inspection, on June 8, 2018, it was noted that there was a significant number of flies both on site and outside of site boundaries. In accordance with UR-12 8 5 Development Standard 8, "The facility shall be operated in a manner to control flies in accordance with its approved fly abatement plan. Additional fly control measures shall be implemented at the request of the Weld County Department of Public Health and Environment in the event that flies are in such a number to be considered a nuisance condition." A-1 Organics told WCDPHE that approved fly abatement measures would be undertaken to control and abate the flies. At the time, WCDPHE did not request that additional fly control measures be implemented unless nuisance conditions were reached in the future. WCDPHE received several complaints in July and August about flies around the facility and neighboring areas. WCDPHE completed investigations for each of these complaints and communicated with A-1 Organics about the need for additional fly abatement measures. A-1 Organics successfully mitigated this concern by reducing the environmental conditions that support flies by frequent compost mixing and using parasitic wasps and limited pesticides. In subsequent follow up investigations, both in late August and September, it was noted that the flies appeared to be present on and off -site in significantly fewer numbers than seen during the previous investigations. 4 and A-1 Y h i Health Administration Public Health & Vital Records lobo: 970- 304 6410 i-ax: 970-304-60112 Clinical Services Iola: 970 304 6420 Fax: 970-304-64 16 Environmental Health Communication, Sorvices Education & Planning Tele: 970-304-6415 Tele: 970-304-6470 Fax: 970-304-641 1 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6452 Public Health EXHIBIT 1 Page 1 of 2 Organics has ceased spraying operations due to the cold weather. WCDPHE requests that A-1 Organics continue to follow their fly abatement plan, and prior to the start of fly season next year, around the spring time. begin spraying to control the fly population. Additionally, it was noted that -1 Organics had submitted a revised EDOP per Section 14,1.5 (A) of the Regulations Pertaining to Solid Waste Sites and Facilities, that states "Class II and Class III facilities that do not have an approved EDOP after November 18, 2008 must submit a revised EDOP within 18 months of the effective date of Section 14 Regulations (December 31, 2016)." Please continue to keep WCDPHE updated with any EDOP approvals. i i . T V please contact me at (970) 400-2227. Sincerely, 40/1, Lauren Kemper Environmental Health Specialist Weld County Department of Public Health and Environment Environmental Health Services ! i If you have any questions, ec: Doug Ikcnbcrry. CDPHE Jace Driver, CDPHE Ben Frissell, Weld County Department of Public Health and Environment Bob Yost, A-1 Organics Paget oft November 12, 2018 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 A-1 Organics c/a Bob Yost & Chris Skelton 16350 WCR 76 Eaton, CO 80615 Case Number: PCSC18-0006 Legal Description: Being a part of Section 36, Township 3 North, Range 64 West of the 6th P.M., County of Weld, CO Dear Mr. Yost & Mr. Skelton, Notice is hereby given that the A-1 Organics, Rattler Ridge Organic Recycling Facility, located at 12002 County Road 59, is scheduled for a Show Cause hearing before the Weld County Board of County Commissioners on November 19, 2018. The Board of County Commissioners will review the Use by Special Review Permit at the Show Cause hearing and establish whether or not the facility is in compliance with specific Development Standards of USR-1285. The Board of County Commissioners will take specific action regarding the status of the USR, such as dismissal, suspension, revocation, etc. The Show Cause hearing is continued from July 11, 2018. At the July 11, 2018 Show Cause hearing, County staff stated that the trash/debris mitigation measures have been largely successful. At this hearing, surrounding property owners spoke about continued windblown trash/debris despite the fencing plan and restated that there was an odor issue. Additionally, new complaints regarding flies and off -site groundwater contamination were brought up both prior to and during the hearing. WCDPHE staff also noted excessive flies during site inspections. According to documents submitted by the complainant, the site does not have water cleaning, monitoring or diversion controls and water samples conducted by the complainant and violator both identified concerns. However, because flies and groundwater contamination were not reviewed during the initial Probable Cause hearing, they were not subject for review during the July 11, 2018 Show Cause hearing. The violator requested a motion to postpone the Show Cause hearing to adequately notice interested parties and prepare a response to the complaints. The Board agreed and determined that a separate Probable Cause hearing was needed to establish whether evidence exists to determine revocation of the permit on the basis of non-compliance with flies (subject to Development Standard #8) and ground water quality (subject to Development Standard #4 and #20). The Board continued the Show Cause hearing to November 19, 2018. After review, WCDPHE did note that flies were an issue on -site; however, A-1 Organics successfully mitigated this concern by reducing the environmental conditions that support flies by frequent compost mixing and using parasitic wasps and limited pesticides. Additionally, while odor was discussed at the original Probable Cause hearing on April 16, 2018 staff was unable to substantiate an odor violation as the readings were all below a 4:1 dilution threshold (DST). PCSC18-0006 Letter I A► -1 Organics Page 1 EXHIBIT 2 Page 1 of 2 as the windblown debris has been mitigated and no odor violation was found. It is at the discretion of the Board to determine if the facility is in compliance with the Development Standards of USR- 1285. . Please let me know if you have any questions. Regards, Michael Hall, Planner PCSC18-0006 Letter I A-1 Organics Page 2 Page 2 of 2 RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC18-00O6, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1285 — A-'1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY WHtREAS, 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 16th day of April, 2018, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or rot 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, after hearing testimony from the Department of Public Health and Environment, the Board finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County Code there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said Use by Special Review Permit should be revoked for failure to comply with certain Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review Permit, USR-1285, issued to A-1 Organics for the Ratter Ridge Organic Recycling Facility, should be revoked. BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall be July 11, 2018, at or about 10:00 a.m., in the Assembly Room of the Weld County Administration Building, 1150 0 Street, Greeley, Colorado. BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Development Standards: 13: Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. C.' PL ), aH(Lt. /BF )tPWC€EYfri$3+ C . C ec, (cm ), Cre Tr)+ a eft/al:ft REP 2018-1174 PL1443 EXHIBIT 3 Page 1 of 2 RE: PROBABLE CAUSE HEARING) PCSC18-0006, 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 16th day of April, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST; daticti .. tiddpca Weld County Clerk to the Board BY: Deputy Clerk to the Bo APR aunt Attorney Mike Freeman Date of signature: 05 -17 / 1-7 Steve Moreno, Chair ro-Te m Sean P. Conway tee bzekk; &rood ie A. Cozad 2018-1174 PL1443 Paget oft N a' COLORADO Department of Public Health £t Environment Dedicated to protecting and improving the health and environment of the people of Colorado May 25, 2018 Chris Skelton Al Organics 16350 WCR 76 Eaton, CO 80615 Re: Approval - Contingency and Debris Abatement Plans Rattler Ridge Organic Recycling Facility SW/WLD! RRF 2.2 Dear Mr. Skelton, The Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (Division) has received the following Debris Abatement Plan and Contingency Plan for the Rattler Ridge Organic Recycling Facility (Facility) located at 12002 Weld County Rd 59, Keenesburg, Colorado 80643. Contingency Plan, Al Organics, Rattler Ridge Organic Recycling Facility. Document dated May 15, 2018. Debris Control and Abatement Plan, Rattler Ridge Organic Recycling Facility. Document Dated May 15, 2018. The Debris Control and Abatement Plan addresses procedures for the abatement of windblown debris, both in the short term and on an ongoing basis. Strategies listed include improved fencing controls, regular waste picking, and waste diversion. The Contingency Plan details the procedures to be taken in the event of a release, nuisance conditions, or the receipt of unacceptable waste. After review, the Division hereby approves the Contingency Plan and the Debris Control and Abatement Plan for Rattler RidgeOrganic Recycling Facility. The Division consulted with Weld County Environmental Health in making this determination. Please note that the Department is authorized to bi l l 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. col orado. govl pacific/ cdphel solid -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. EXHIBIT 4 Page 1 of 2 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www. col orado. goy/ cdphe John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Chris Skelton Rattler Ridge Organic Recycling Facility Approval - Contingency and Debris Abatement Plans May 25, 2018 Page 2 Sincerely, rewrer Jace Driver Solid Waste Permitting Unit Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division ec: Bob Yost Ben Frissell I Doug I ken berry Al Organics WCDPHE HMWMD Page 2 oft 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.govl cdphe John W. Hickenlooper, Governor 1 Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Date Vendor Inv # Amount GL Description of Expense 4/18/2017 People Ready 22109510 354.96 5370-14 Temp Labor (trash pickers) 5/10/2017 People Ready 22197525 281.62 5370-14 Temp Labor (trash pickers) 5/23/2017 People Ready 22246145 297.46 5370-14 Temp Labor (trash pickers) 5/31/2017 People Ready 22275647 1,270.64 5370-14 Temp Labor (trash pickers) 10/24/2017 People Ready 22829869 1,046.49 5370-14 Temp Labor (trash pickers) 10/31/2017 People Ready 22851778 1,863.04 537O-14 Temp Labor (trash pickers) 11/7/2017 People Ready 22887685 1,350.79 5370-14 Temp Labor (trash pickers) 11/14/2017 People Ready 22913895 309.28 537O-14 Temp Labor (trash pickers) 11/21/2017 People Ready 22941336 1,110.20 5370-14 Temp Labor (trash pickers) 11/29/2017 People Ready 22968878 1,499.76 5370-14 Temp Labor (trash pickers) 12/6/2017 People Ready 22993659 1,655.72 537O-14 Temp Labor (trash pickers) 12/12/2017 People Ready 23009495 678.23 5370-14 Temp Labor (trash pickers) 1/10/2O18 Ace 579446 50.80 6320-14 Trash bags 1/16/2018 People Ready 23104971 1,716.80 5370-14 Temp Labor (trash pickers) 1/23/2018 People Ready 23125313 1,157.04 5370-14 Temp Labor (trash pickers) 2/13/2018 People Ready 23192282 1,362.77 5370-14 Temp Labor (trash pickers) 2/15/2018 Ace 581927 50.80 6320-14 Trash bags 2/20/2O18 People Ready 23214051 186.72 5370-14 Temp Labor (trash pickers) 2/28/2018 Elliott Equipment Co 143738 11,788.00 1620-00 Sweeper 3/6/2018 People Ready 23258209 2,245.55 5370-14 Temp Labor (trash pickers) 3/7/2018 Farm & Home Lumber Co 83368 61.68 6320-14 Trash bags 3/12/2018 Ace 583512 50.80 6320-14 Trash bags 3/13/2018 People Ready 23277306 1,970.64 5370-14 Temp Labor (trash pickers) 3/19/2O18 Ace 583999 55.80 6320-14 Trash bags 3/20/2018 People Ready 23310450 1,187.08 537O-14 Temp Labor (trash pickers) 3/27/2018 People Ready 23325650 2,971.00 5370-14 Temp Labor (trash pickers) 3/31/2018 James 1,000.00 5350-14 Rake 4/3/2018 People Ready 23351769 2,142.66 5370-14 Temp Labor (trash pickers) 4/10/2018 People Ready 23363875 2,314.08 5370-14 Temp Labor (trash pickers) 4/11/2018 Goodell 1427 3,637.50 632O-14 Dirt Work for Fence 45, 667.91 4/18/2018 People Ready 23403239 1,657.20 5370-14 Temp Labor (trash pickers) 4/18/2018 Ace Golf Netting LP 18-25 70,240.00 1610-00 18' Fence 4/20/2018 Ace 586470 67.73 6320-14 Trash bags 4/24/2018 People Ready 23417110 2,392.48 5370-14 Temp Labor (trash pickers) 4/27/2018 Ace 587107 57.97 6320-14 Trash bags 4/30/2018 LaborWorks 228854 2,598.94 5370-14 Temp Labor (trash pickers) EXHIBIT 5 Page 1 of 2 Date Vendor Inv # Amount GL Description of Expense 5/1/2018 People Ready 23434338 3,333.42 537O-14 Temp Labor (trash pickers) 5/1/2018 Country Johns 18-0844 375.00 6490-14 Portable Restroom & Handwashing station for trash pickers 5/3/2018 Ace 587597 100.75 6320-14 Trash bags 5/7/2018 LaborWorks 229892 4,644.70 5370-14 Temp Labor (trash pickers) 5/8/2018 People Ready 23461044 2,392.44 5370-14 Temp Labor (trash pickers) 5/14/2018 LaborWorks 230829 4,744.52 537O-14 Temp Labor (trash pickers) 5/15/2018 People Ready 23480507 3,284.40 5370-14 Temp Labor (trash pickers) 5/15/2018 Farm & Home Lumber Co 89021 42.72 632O-14 bags 5/17/2018 Arnold's Ag Group 1433 11,020.00 1610-00 _Trash Fence 5/21/2018 LaborWorks 231461 3,037.13 5370-14 Temp Labor (trash pickers) 5/22/2018 People Ready 23516409 1,813.92 537O-14 Temp Labor (trash pickers) 5/29/2018 People Ready 23542835 3,284.40 5370-14 Temp Labor (trash pickers) 5/29/2O18 LaborWorks 232253 712.50 5370-14 Temp Labor (trash pickers) 6/1/2018 Ace 590152 50.92 6320-14 Trash bags 6/5/2018 People Ready 23560714 2,627.52 5370-14 Temp Labor (trash pickers) 6/13/2018 People Ready 23599143 3,284.40 5370-14 Temp Labor (trash pickers) 6/18/2018 Ace 591700 67.73 6320-14 Trash bags 6/19/2O18 People Ready 23620221 2,314.08 5370-14 Temp Labor (trash pickers) 6/26/2O18 People Ready 23630273 1,813.92 5370-14 Temp Labor (trash pickers) 7/3/2018 People Ready 23664081 608.52 5370-14 Temp Labor (trash pickers) 7/10/2018 People Ready 23680850 2,372.86 5370-14 Temp Labor (trash pickers) 7/18/2018 People Ready 23723823 304.26 5370-14 Temp Labor (trash pickers) 7/24/2018 People Ready 23739540 372.83 5370-14 Temp Labor (trash pickers) 8/29/2018 People Ready 23883898 647.70 5370-14 Temp Labor (trash pickers) 10/9/2018 People Ready 24027745 719.68 537O-14 Temp Labor (trash pickers) 10/29/2018 Ace 601279 50.80 6320-14 Trash bags 10/30/2018 People Ready 24120101 1,440.36 5370-14 Temp Labor (trash pickers) 11/6/2018 People Ready 2413773 1,078.49 5370-14 Temp Labor (trash pickers) 11/13/2018 People Ready 24163291 715.53 5370-14 Temp Labor (trash pickers) 134,269.82 Page 2 of 2 COLORADO Department of Agriculture Anil Health Division July 10, 2018 To Whom It May Concern: On July 10, 2018, at 1:45 PM, per Mr. Bob Yost's request, I met with Bob Yost of A-1 Organics Composting at 12002 Weld County Rd. 59, Keenesburg, Colorado. The purpose of my visit was to inspect the property adjacent to A-1 Organics on the east side of WCR 59 for the potential of health hazards to cattle. Bob Yost had explained in January 2018, that plastic debris from compost material had blown from A-1 Organics to property east of WCR 59. I walked on the property immediately to the east of A-1 Organics Composting adjacent to WCR 59 for approximately /4 of a mile inspecting the pasture which primarily consisted of cheat grass, yucca, and sage. I inspected closely for the presence of plastic debris and other trash. I viewed scant and sparse tags, most of which was less than one inch diameter, consisting of partially decomposed plastic material. When I rolled the material between my fingers, most of the debris fragmented. In my opinion, the potential health hazard to cattle or other livestock on that property is minimal and not a credible health risk. Sincerely, afloat iodeeil Keith A. Roehr DVM Colorado State Veterinarian EXHIBIT 6 Page 1 of 1 305 I nterlocken Parkway, Broomfield, CO 80021 P 303.869.9000 Animal Health Division: P 303.869.9130 F 303.466.8515 www.colorado.gov/ag/animals : 4-n/ \to City of Boulder Planning, Housing + Sustainability Climate + Sustainability Division PC Box 791 1101 Arapahoe Ave Boulder, Colorado 80306 To: Weld County Commissioners 1150 0 Street PD Box 758 Greeley, Co 80631 From: Kara Mertz, Environmental Manager Re: A-1 Organics Dear Commissioners Conway, Cozad, Freeman, Kirkmeyer and Moreno: Please accept this letter of support for all the critical work being done by Al Organics for the entire State of Colorado. Al Organics, as a Weld County business, has provided to the city of Boulder almost three decades of important infrastructure in our efforts to manage our organic waste materials. From pilot programs conducted in the early 1990s for the City — to today's collaboration with Frederick -based MacDonald Farms and the City — Al Organics provides vital compost expertise and processing capacity to us all. We thank Weld County for its long history of supporting the development of necessary infrastructure related to waste diversion, resource conservation, and local energy generation. Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. A privately -owned and operated composting site used to exist in Boulder, but its doors closed last year. In order to reach the diversion goals and targets established by the State of Colorado — and our collective residents and businesses— it is essential to have regional facilities to receive, process, and market the materials being captured for recovery. As a community, we wish to support Weld County's leadership and encourage your efforts in resolving challenges that have arisen recently around these waste processing facilities. As such, we encourage Weld County to work with Al organics in their efforts to improve existing — and create additional — processes and controls to effectively compost materials and minimize off -site impacts. Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Thank you again for your time and focus on these important issues facing our state. Thank you for your consideration, EXHI IT Ord Page 1 of 52 July 3, 2018 Weld County Commissioners 1150 O Street PO Box 758 Greeley, Co 80631 Dear Commissioners, 0 We, Colorado stakeholder businesses, municipalities, individuals and other entitles listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of necessary Infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuelsa) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • Itsorder to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your-4fforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively, compost materials. Al Organics' facilities are vital Infrastructure, and Al Organics Is a valued Gold; level partner of the Environmental Leadership Program in Colorado. Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, ail under an umbrella that promotes private industry and commerce, Respectfully — the Colorado stakeholders identified here on behalf of many. Zers",42c) drte_ atersel- Tre ,er E1-7) zfr 741 Page 2 of 52 July a, LUJ.O Weld County Commissioners 1150 0 Street PQ Box 758 Greeley, CO 80631 Dear Commissioners, • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options, The County u nderstands that materials management is important to the environment, as well as the e conomy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local e nergy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Coiorad4. In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Lorimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and Page 3 of 52 Al Organics' valuable assets combined with Weld County's efforts to provide clean em natural gas from the oil and gas industry and the creation of wind and solar applicatior together to make Weld County the center of clean and renewable energy solutions for region, all under an umbrella that promotes private industry and commerce. IC (4 at gar CO aura Levesque -Catalano Page 4 of 52 a ■ BASF We create chemistry July 3, 2018 Weld County Commissioners 1150 0 Street PO Box 758 Greeley, CO 80631 Dear Commissioners, • We, Colorado stakeholder businesses, municipalities, bottom individuals and other entities listed at the of i s letter wish to express the following r anus a g to Weld County related to the role ofAl Weld County business, as critical resource recove and surrounding Front Range .. ' u�.frastl�u�t �,�-� for Weld County communities. We acknowledge and appreciate vision and leadership as statod. i�. the Weld Weld County's County Comprehensive Plan. The County waste diversion and resource recovery from. thewaste encourages businesses, � .. stream by �c��rn,�.��.#�, citizens, and and supports the provision on of composting ostin and r understands that materials .� �' recycling options. The County .i s important to the envirorur as of the county, ant,ll the economy thank Wekl Comity for its long history of supporting the development of necessary i n frasture within the county related to waste aste diversion, resource conservation, and local energy enration some of which has been derived from b' leas l� la d a key role in ��.ols.� Weld County infrastructure advancing n g these efforts for its own residents, surrounding the entire state of Colorado.counties, and • In order to reach diversion goals and targets established by itscounties . � l�s�.ed by the tart of Colorado, and supported and municipalities,1t � essential to have facilities , .��' � regional tai i�.txes to receive, process, and market the resources being diverted from.Weld disposal. County is home to facilities essential to the Front Range that provide clean natural gas -- both petroleum and renewable was and compos#in.g infrastructure that creates highly beneficial great benefit ��.i�Il soil amendment products, which are of to local agricultural, residential, and commercial entities. • Most notably,organics � � is processing facilities in Weld County supporting organic are su =Porti , . ' diversion activities not only here in Weld waste Weld County, but also in Denver, Adams , Bo d Jefferson, Lorimer, and Morgan counties. l r • We, as a community of stakeholders, wish to applaud Weld County's your efforts in resolving those challenges that leadership and encourage •challenges that have come from, or potentially the operation of these important facilities. come ,! from, t1es, • The read to increased resource recovery desired businesses be , . _ r by Weld County and Colorado residents and and may be challenging to create and maintain. We facilities encourageWeld County towork with l Organics and oth�:other~ ` � �� l�s in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organic? Lorem Ipsum dutor sit a met conseciettere dipiscing elit sad dian nanunmy .nlbh eulamod tirtc duet ut ddo]ore magna atiqua erat. Volupat. Ut wisi enim ad minim venom. Lorem Ipsum dolor sit a met, consectetuer Lorem Ipsum dolor sit a met, consectetuer a dipiacing elit Loran Ipsum dolor sit a met, consectetuer a dipiscing alit sod diem nonummy nlbh Lavern Ipsum dolor sit a met, consectetuer Lorem tpsum dolor sit a dolor sit a met, consectetuer, a d1piseirtg elit Bel darn; e u l sm od llncid unt sit dl�riore, magna al(qua erat votupat Ut was' enim ad Page 5 of 52 BASF We create chemistry facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado, Al Organic? valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together g to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, I. L. Ruth Watts Biopolymers Business Development Manager — Agriculture Market 15732 Lake Mist Drive, Monument, CO 80132 Page 6 of 52 July 3, 2018 Weld County Commissioners 1150 0 Street PO Box 758 ci ree ley, Co 80631 Dear Commissioners, • We, Colorado stakeholder businesses, municipalities, individuals and other entitles listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities, We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County u nderstands that materials management is important to the environment, as well as the e conomy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived Iron biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents,. surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities, • Most notably,, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery, desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain, We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost ,materials, Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 7 of 52 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the crater of clean and renewable energy solutions for our state and region, ail under an umbrella that promotesr r vztc industry arid commerce, f . Respectfully ierk i 6 f { A/i X fear 4- lard fitiRrielevrnvir/P177‘ ,P41.616_,1 (11 rate //1 tent 2' Citr` 4issr - Kdr'n✓ dalizei Page 8 of 52 July 3, 2018 Weld County Commissioners 1150 O Street PO Box 758 Greeley, CO 80531 Dear Commissioners/ • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan, The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. 9 We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas— both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County/ but also in Denver, Adams, Boulder, Jefferson, La rimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 9 of 5 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully r Bryce Isaacson Vice President of Sales and Marketing Western Disposal Services Page 10 of 5 PRODUCTS` July 6, 2018 Weld County Commissioners 1150 O Street PO Box 758 Greeley, CO 80631 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County e ncourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of n ecessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larini er, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other 4755 Walnut Street Boulder, CO 80301 Phone: (303) 449-1876 Fax: (303) 449-1877 r 1 '+ - e C o p r Y '` l u c t s I lam, o r Page 11 of 52 PRODUCTS" facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, ?an" s.. odaP 2 Ian iacaWon, President Eco-Products, PBC 4755 Walnut Street Boulder, CO 80301 Phone: (303) 449-1876 Fax: (303) 449-1877 w.eco roducts.cor Page 12 of 52 July s, 2018 T Supp1LiC Weld County Commissioners 11500 Street PO Box 758 Greeley, Co 80631 Dear r Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • in order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas ris both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to loca$ agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larirrrer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued old -level partner of the Environmental Leadership Program in Colorado. 15121 County Road 32 # Platteville, CO 80651 • (303) 659-6003 FAX (303) 659a2463 Page 13 of 52 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications ail work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce, Respectfully, /K Mike Hoops Organix Supply ri Page 14 of 5 July 5, 2018 Weld County Commissioners 1150 O Street PO Box 758 Greeley, CO 80631 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. • We thank weld county for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, tarirner, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 15of5 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, Charlotte Pitt Page 16of5 July 6, 2018 Weld County Commissioners 1150 0 Street Po Box 758 Greeley/ Co 80631 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated In the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. ▪ We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado, • In order to reach diversion goals and targets established by the State of Colorado/ and supported by its counties a n d municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal, Weld County is home to facilities essential to the Front Range that provide dean natural gas — both petroleum a n d renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entitles. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Lari mer, and Morgan counties. I) We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to Improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 17of5 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce, Respecifu.11y, Courtney ilatton Page 18of5 July 6, 2018 Weld County Commissioners 1150 0 Street PC Box 758 Greeley, Co 80631 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county, • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities_ • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials, Al Organics) facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 19 of 5 Al Organic? valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully,. Reytoid. J. aebris Reynold J. Gobris Founder and Owner Cannabis Regulatory Solutions Page 20 of 52 July 6, 2018 Weld County Commissioners 1150 0 Street PC Box 758 Greeley, Co 80631 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role. of Al. Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels,) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado, • '� n order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from. disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial sail amendment products, whichare of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, La rimer, and Morgan counties. * We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from„ the operation of these important facilities. * The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and createadditional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 21 of 52 Al Organic? valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all un ler an umbrella t'i't promotes private industry and commerce. ctfuLly, a� r ames Gaspard Biochar Now LLC Page 22 of 52 July 6, 2018 Weld County Commissioners 1150 0 Street PO Box 758 Greeley, CO 80631 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County u nderstands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local e nergy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could came from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 23 of 52 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce, Respectfully, Sheela Backen Colorado State University 6030 Campus Delivery Fort Collins, Co 80523 Page 24 of 52 July 6, 2018 Weld County Commissioners 1150 0 Street PC Box 758 Greeley, CO 80531 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county, • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas -- both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities, • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing a n d create additional processes and related controls to effectively compost materials. Al organics' facilities are vital infrastructure, and Al Organics is a valued Gold-levelpartner of the Environmental Leadership Program in Colorado. Page 25of52 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, frifOrIct (froZZIMouvr\ Rio—vet\r-Ovr"\o/v* '-rr \ teNtAvervi,Liv‘e zr) v,n.eiikat can -1 Page 26of5 July 6, 2018 Weld County Commissioners 1150 0 Street Po Box 758 Greeley, Co 80631 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County u nderstands that materials management is important to the environment, as well as the e conomy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas— both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities, • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 27 of 52 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, Mary Hertert 929 Crown Ct Fruita, CO 81521 Page 28of5 July 6, 2018 Weld County Commissioners 1150 O Street PO Box 758 Greeley, Co 80631 Dear Commissioners: ▪ We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens/ and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the e conomy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local e nergy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. ▪ In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, La rimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 29of5 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectful) "(al Avec" ssocla tekc76/114001 Page 30 of 52 Green Girl Recycling July 6, 2018 Weld County Commissioners 11500 Street PO Box 758 Greeley, CO 80631 Dear Commissioners: We wholeheartedly support this letter and wanted to hopefully make clear how vitally important Al Organics is to our company. Green Girl Recycling provides recycling, composting and hard to recycle services in Boulder, Larimer and Weld Counties -- having access to Al has been the ONLY reason we can offer composting to communities other than the City of Boulder. We would have to discontinue composting services altogether if it were not the great work that Al Organics is providing to us all. There are no other alternatives for proper composting anywhere near our business base. We ultimately would lose customers and take a giant step backward if it were to closet please help keep Al up and running. • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities, We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County u nderstands that materials management is important to the environment, as well as the e conomy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. Page 31 of 52 ▪ In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, a n d market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Latimer, and Morgan counties, • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. a The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organic? facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado, Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Greenest, s1 Y Bridget Johr on Owner- Green Girl Recycling r Page 32 -of -52 July 6, 2018 Weld County Commissioners 1150 O Street P.O Box 758 Greeley, CO 80631 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plane The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options, The County understands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation {some of which has been derived from biofuels,) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the errtire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas - both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and corn mercdal entities. Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here In Weld County, but also in Denver, Adams, Boulder, Jefferson, La river, and Morgan counties, We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain, We encourage Weld County to work with Al Organics and other facilities in their effb its to Improve existing and create additional processes and related controls to effectively compost materials Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado,. Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County, the center of clean and renewable energy solutions for our state and region, ail under an umbrella that promotes private industry and commerce. Respectfully, Page 33 of 52 July 6, 2018 Weld County Commissioners 1150 0 Street PO Box 758 Greeley, CO 80631 Dear Commissioners: We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options*, The County understands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation {some of which has been derived from biofuelsjj Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas -G- both petroleum and renewable a and composting infrastructure that creates highly beneficial soil amendment prod u , which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larlmer, and Morgan counties_ We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain, We encourage Weld County to work. with Al Organics and other facilities in their efforts to Improve existing and create additional processes and related controls to effectively compost materials. Al Organic? facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado, Page 4 of 52 Al Organics' valuable assets combined with WeldCounty's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy i utions for our state and region, all under an umbrella that pmmotes private industry and commerce, Respectfully; Melinda Kadinger admin@Smokeys420.com 303-946-3591 CardenCity 970.E 1 5.5839 2515 7th Avenue Ft. Collins 9704 79 7.2155 6740 S. College Unit e Page. 35 of 52 ec •Lcycle® Building Zero Waste Communities July 9, 2018 Weld County Commissioners 1150 0 Street PO Box 758 Greeley, CO 80631 Dear Commissioners, On behalf of Eco-Cycle, a community -based non-profit that has promoted and implemented recycling, composting and other Zero Waste solutions in this region for over 40 years, we wish to express to Weld County our endorsement of Al Organics, a Weld County business, as providing critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. Weld County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation including that which has been derived from biofuels. Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado, In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal landfills. Weld County is home to facilities essential to the Front Range that provide green natural gas from renewable sources, and composting infrastructure that creates highly beneficial soil amendment products, which are of great value to local agricultural, residential, and commercial entities. Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, and Morgan counties. We, as a part of a larger community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. Page 36 of 52 The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Al Organics' valuable assets, combined with Weld County's efforts to provide clean energy though biofuels, wind and solar applications, all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, asicr Suzanne Jones Executive Director Eco-Cycle, Inc. 6400 Arapahoe, Boulder, CO 80303 (303) 444-6634 x_111 zan@ecocycle.org Page 37 of 52 1111JCityqf i Louisville I Louisville Sustainability Advisory Board COLORADO - SINCE 1878 July 9, 2018 Weld County Commissioners 1150 0 Street PO Box 758 Greeley, CO 80631 Dear Commissioners, • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county, • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county re l ated to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Latimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. 749 Main Street, Louisville, Colorado 80027 . P: 563-349e1213 • www.louisvilleci Page 38 of 52 • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics} facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, Allison Johanson Chair, Louisville Sustainability Advisory Board 749 Main Street, Louisville, Colorado 80027 • P: 563-3`19-1213 . ww w. l o°u,i s si l I ecoai v: Page 39 of 52 Da rbyM a rketi n g environmental responsibility message and practice July 9, 2018 Weld County Commissioners 1150 O Street PO Box 758 Greeley, CO 80631 Dear Commissioners: www, da rbyrna rketin g . com 978,376i8879 • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas -- both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, and Morgan counties. 553 Washington Street, Gloucester, MA 01930 Page 40 of 52 • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, Pa/La, Vadtefre_ Debra Darby President Page 41 of 52 Organki, Solutions July 9, 2018 Weld County Commissioners 1150 O Street PO Box 758 Greeley, CO 80631 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County u nderstands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local e nergy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. • In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. • Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, me r, and Morgan counties, www,DrganixSoititions,com I 4400 West 78th St Suite 150, Bloomington, MN 55435 1 (763) 972-1101 Page 42 of 52 Organbci Solutions' We, as a community of stakeholders, wish to applaud Weld County's readership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, Stuamot-Wriacerevitaid Stuart MacDonald Vice President and Managing Director Page 4of 52 PUBLIC OR K City of Lafayette July g, 201.8 Weld County Commissioners 1150 0 Street PO Box 758 Greeley, CO 80631 Dear Commissioners, We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only her( in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, and Morgan counties. We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilitie! in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 44 of 52 1290 S. Public Road • Lafayette, Colorado 80026 303-665-5588 • cityoflafayette.corn I m m I `Cityof Lafayette PUBLIC WORKS Aa Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas frorr the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, Douglas M Short, P.E. Public Works Director Page 4of 52 1290 S. Public Road • Lafayette, Colorado 80026 • 303-665-5588 • c ityof I afayette roo n Boulder County Boulder County Resource Conservation Advisory Board July 9, 2018 Weld County Commissioners 1150 0 Street PO Box 758 Greeley, CO 80631 Dear Commissioners, The Boulder County Resource Conservation Advisory Board (RCAB) is a county -wide board representing municipalities, private sector haulers, non-profit stakeholders, and at -large citizens We wish to express our support to the Weld County Commissioners for Al Organics and their facility in Weld County. Al's operation in Keenesburg provides critical resource recovery infrastructure for Weld County and surrounding Front Range communities. RCAB acknowledges and appreciates Weld County's vision and leadership as stated in the Weld County Comprehensive Plan, which encourages waste diversion and resource recovery from the waste stream, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only in Weld County, but also in Denver, Adams, Boulder, Jefferson, Larimer, and Morgan counties. We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 46 of 52 1N i Boulder County Boulder County Resource Conservation Advisory Board Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, Charles Ida ri en i des Chairperson Boulder County Resource Conservation Advisory Board And the representing members: City of Longmont City of Boulder City of Lafayette City of Louisville Town of Nederland City of Superior Town of Jamestown Town of Lyons Boulder County Western Disposal Republic Services Green Girl Recycling Resource Central University of Colorado Eco-Cycle CDPHE Page 47 of 52 POWER SCREENING, LUC' Oar rt � '�r` f l • rig a A ri fie _. rr1 Colorado, Eastern Wyoming, New Mexico, Nebraska, Southwestern Kansas July 10, 2018 Weld County Commissioners 1150 0 Street PO Box 758 Greeley, CO 80631 Dear Commissioners: As a Colorado stakeholder business in the composting and recycling industries I wish to express to the commissioners of Weld County the critical role Al Organics, a Weld County business, plays as an integral resource for Weld County and surrounding Front Range communities. As a longtime valued customer, I have found Al Organics to be a respected and responsible leader in waste diversion and resource recovery not only in Weld County but also the Front Range. Weld County also has a long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and Kcal energy generation. Together you have played a key role in advancing efforts of waste diversion and resource recovery for its own residents, surrounding counties, and the entire state of Colorado. I would encourage Weld County to work with Al organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organics'':, facilities are vital infrastructure within Northern Colorado. i applaud the joint efforts of Al Organics and Weld County to provide clean energy though use of natural gas, wind and solar in making Weld County the center of clean and renewable energy solutions for our state and region. Re ctfully, Jc Lng, President POWER SCREENING, LLC P.O.Box 192 • Henderson, CO303.2137i0100 • Fax 303.287.0090 www. poweracreening . corn Page 4 C11B'1 ,4a tramp Weld County Commissioners 1150 O Street Po Box 758 Greeley, Co 80631 G R A C [ S T O r 1 1 f ■ 1 C T July 10, 2018 Dear Commissioners, We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan. Weld County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County understands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local energy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. i In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas - both petroleum and renewable -- and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. ▪ Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, Latimer, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials, Al Organics' facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 49 of 52 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the oil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and conurterce. Respectfully, Anne H. Peters Gracestone, Inc. 1025 Miami Way Boulder, CO 80305-6404 Page 50 of 52 July 10, 2018 Weld County Commissioners 1150 0 Street PO Box 758 Greeley, CO 80631 Dear Commissioners: • We, Colorado stakeholder businesses, municipalities, individuals and other entities listed at the bottom of this letter wish to express the following to Weld County related to the role of Al Organics, a Weld County business, as critical resource recovery infrastructure for Weld County and surrounding Front Range communities. We acknowledge and appreciate Weld County's vision and leadership as stated in the Weld County Comprehensive Plan, The County encourages waste diversion and resource recovery from the waste stream by governments, citizens, and businesses, and supports the provision of composting and recycling options. The County u nderstands that materials management is important to the environment, as well as the economy of the county. • We thank Weld County for its long history of supporting the development of necessary infrastructure within the county related to waste diversion, resource conservation, and local e nergy generation (some of which has been derived from biofuels.) Weld County infrastructure has played a key role in advancing these efforts for its own residents, surrounding counties, and the entire state of Colorado. 0 In order to reach diversion goals and targets established by the State of Colorado, and supported by its counties and municipalities, it is essential to have regional facilities to receive, process, and market the resources being diverted from disposal. Weld County is home to facilities essential to the Front Range that provide clean natural gas — both petroleum and renewable -e and composting infrastructure that creates highly beneficial soil amendment products, which are of great benefit to local agricultural, residential, and commercial entities. * Most notably, organics processing facilities in Weld County are supporting organic waste diversion activities not only here in Weld County, but also in Denver, Adams, Boulder, Jefferson, La rime r, and Morgan counties. • We, as a community of stakeholders, wish to applaud Weld County's leadership and encourage your efforts in resolving those challenges that have come from, or potentially could come from, the operation of these important facilities. • The road to increased resource recovery desired by Weld County and Colorado residents and businesses can be complex and may be challenging to create and maintain. We encourage Weld County to work with Al Organics and other facilities in their efforts to improve existing and create additional processes and related controls to effectively compost materials. Al Organic? facilities are vital infrastructure, and Al Organics is a valued Gold -level partner of the Environmental Leadership Program in Colorado. Page 51 of 52 Al Organics' valuable assets combined with Weld County's efforts to provide clean energy though use of natural gas from the nil and gas industry and the creation of wind and solar applications all work together to make Weld County the center of clean and renewable energy solutions for our state and region, all under an umbrella that promotes private industry and commerce. Respectfully, Tay Dunklee Page 52 of 52 EXHIBIT INVENTORY CONTROL SHEET Case PC CIS -0006 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY Exhibit Submifted By Description A. Chris Skelton Email from CDPHE dated 4/11/2018 E . Dave Stewart Letter from Veterinarian Doug Ford C. Chris Skelton D. Act licant E. Applicant F. Applicant G. Staff Debris Abatement Plan (dated 4/12/2018) Monthly Update — Debris Control Abatement (06J2018) Monthly Update — Debris Control Abatement (05/2018) Contingency Plan PowerPoint Presentation H. Applicant Attorney I. Art Guttersen J. City of Fort Collins Unopposed Motion to Postpone (dated 7/10/2018) Letter re: A-1 Organics contaminating groundwater Letter of Su Dport for A-1 Organics Stewart Environmental Letter re: A-1 Organics contamination of groundwater K. Consulting Group, LLC and unresolved fly issue (11/13/2018) L. Staff PowerPoint Presentation (11/14/2018 Legal Brief and supporting documents, 78 pages M. Applicant (11/16/2018) N. Applicant Attorney Show Cause PowerPoint Presentation (11/19/2018) O. Guttersen Ranch Show Cause PowerPoint Presentation ta►tion (11/19/2018) P. R. S. T. U. V. 2018-1961 From: To: Cc: Subject: Date: Attachments: Dawn A. Brazier esther Gesicic ma well .ev.ca ; Tisa Juanicorena; ante astre a awn 5uyeistfi geginarsArir Docket No, 2018-66; Re: Show Cause Hearing, PCSC18-0006, 1285 Friday, November 16, 2018 2:56:21 PM Exhibit 1nney Exathinacafripastfinicausuadicana, Exttilailintaisittashatcaus Exhibit .pdf ExIib t 5 - 2018.1110..Keith A Roehr .LIMY insoecthon Letter.od Exh b t 7 - Letters of support.pdf 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. Caution: This email originated from outside of Weld County Government, Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, Attached please find a copy of the Brief Regarding Show Cause Hearing for Use by Special Review Permit, USR-1285, Issued to A-1 Organics for the Batter Ridge Organic Recycling Facility with supporting exhibits submitted on behalf of Lambland, Inc. d/b/a A-1 Organics, Inc. in connection with the above -referenced matter. Please let us know if you have any questions. Sincerely, Dawn A. Brazier Dawn A. Brazier Paralegal Ireland Stapleton Pryor & Pascoe, PC 717 17th Street, Suite 2 800 Denver, CO 80202 Direct: (303) 628-3693 1 Fax* (303) 623-2062 www.110 ;ant; Stap. eton.com This electronic communication (including attachments) is intended solely for the person or persons to whom it is addressed, and may contain confidential and attorney/client privileged information, If you receive this communication in error, (a) you are prohibited from disseminating or copying this communication (including attachments), (b) please notify the sender that you received it in error and (c) delete this communication (including attachments) from your system, Thank you. EXHIBIT 1 M ¶t5c3 Ig-04, WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealthsorg November 8, 2018 A-1 Organics Mr. Chris Skelton 16350 WCR 76 Baton, CO 80615 A-1 Organics, Rattler Ridge (Keenesburg) Compost Facility — Second Semiannual Inspection 2018 Dear Mr. Skelton: On November 1, 2018, the Weld County Department of Health and Environment (WCDPHE), conducted an inspection of the Rattler Ridge Organic Recycling Facility, located at 12002 Weld County Road 59 and associated operation records, The operating records are housed at the A-1 Organic's Eaton Organic Recycling Facility located at 16350 Weld County Road 76, The purpose of the inspection was to assess compliance with development standards set forth in Use by Special Review Permit 1285 (USR-1285), and the Weld County Code. During previous inspections it had been noted that there was windblown debris that had left the site boundaries, and that WCDPHE had received complaints regarding this issue, These compliance issues were brought forward in a Probable Cause hearing with the Board of County Commissioners on April 16, 2018. In response to the hearing, A-1 Organics drafted Contingency and Debris Abatement Plans submitted to the CDPHE on May 15, 2018 and approved by the CDPHE on May 25, 2018. During the inspection on June 8, 2018, it was noted that implemented abatement measures, outlined in the approved Contingency and Debris Abatement Plans, appeared to have mitigated the offsite debris issue at the time of the inspection; there was no debris apparent off site. Please continue to abide by the approved Contingency and Debris Abatement Plans. During the inspection WCDPHE also took odor readings, which did not exceed a four -to -one dilution threshold, which is below the facility's limit of a fifteen -to -one dilution threshold outlined in the facility's U R. During the previous inspection, on June 8, 2018, it was noted that there was a significant number of flies both on site and outside of site boundaries. In accordance with USR-1285 Development Standard 8, "The facility shall be operated in a manner to control flies in accordance with its approved fly abatement plan. Additional fly control measures shall be implemented at the request of the Weld County Department of Public Health and Environment in the event that flies are in such a number to be considered a nuisance condition." A-1 Organics told WCDPHE that approved fly abatement measures would be undertaken to control and abate the flies. At the time, WCDPHE did not request that additional fly control measures be implemented unless nuisance conditions were reached in the future. WCDPHE received several complaints in July and August about flies around the facility and neighboring areas. WCDPHE completed investigations for each of these complaints and communicated with A-1 Organics about the need for additional fly abatement measures. A-1 Organics successfully mitigated this concern by reducing the environmental conditions that support flies by frequent compost mixing and using parasitic wasps and limited pesticides. In subsequent follow up investigations, both in late August and September, it was noted that the flies appeared to be present on and off -site in significantly fewer numbers than seen during the previous investigations. During this inspection it was noted that there were no flies present, and A-1 Health Administration Vital Records Tele: 970-304-6410 Fox 970-304-6412 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-6411 Communication, Education BL Planning Tele: 970-304--61170 Fax: 970-304-6452 emergency Preparedness & Response Tele: 970-304-6470 Fcix: 970-3044452 Public Health EXHIBIT 1 Page 1 of 2 Organics has ceased spraying operations due to the cold weather. WDPHE requests that A-1 Organics continue to follow their fly abatement plan, and prior to the start of fly season next year, around the spring time, begin spraying to control the fly population. Additionally, it was noted that A-1 Organics had submitted a revised EDOP per Section 14.1.5 (A) of the Regulations Pertaining to Solid Waste Sites and Facilities, that states "Class and Class III facilities that do not have an approved EDOP after November 18, 200►8 must submit a revised EDOP within 18 months of the effective date of Section 14 Regulations (December 3.1, 2016)." Please continue to keep WCDPHE updated with any EDOP approvals. Based on the inspection, it appears that the facility is generally in compliance. If you have any questions, please contact me at (970) 400-2227. Sincerely, Lauren Kemper Environmental Health Specialist Weld County Department of Public Health and Environment Environmental Health Services ec: Doug Ikenberry, CDPHE Jace Driver, CDPHE Ben Frissell, Weld County Department of Public Health and Environment Bob Yost, A-1 Organics Page 2 of November 12, 2018 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 A-1 Organics c/o Bob Yost & Chris Skelton 16350 WCR 76 Eaton, CO 80615 Case Number: PCS C 18-0006 Legal Description: Being a part of Section 36, Township 3 North, Range 64 West of the 6th P.M., County of Weld, CO Dear Mr. Yost & Mr. Skelton, Notice is hereby given that the A-1 Organics, Rattler Ridge Organic Recycling Facility, located at 12002 County Road 59, is scheduled for a Show Cause hearing before the Weld County Board of County Commissioners on November 19, 2018. The Board of County Commissioners will review the Use by Special Review Permit at the Show Cause hearing and establish whether or not the facility is in compliance with specific Development Standards of USIA -1285. The Board of County Commissioners will take specific action regarding the status of the UBR, such as dismissal, suspension, revocation, etc. The Show Cause hearing is continued from July 11, 2018. At the July 11, 2018 Show Cause hearing, County staff stated that the trash/debris mitigation measures have been largely successful. At this hearing, surrounding property owners spoke about continued windblown trash/debris despite the fencing plan and restated that there was an odor issue. Additionally, new complaints regarding flies and off -site groundwater contamination were brought up both prior to and during the hearing. WCDPHE staff also noted excessive flies during site inspections. According to documents submitted by the complainant, the site does not have water cleaning, monitoring or diversion controls and water samples conducted by the complainant and violator both identified concerns. However, because flies and groundwater contamination were not reviewed during the initial Probable Cause hearing, they were not subject for review during the July 11, 2018 Show Cause hearing. The violator requested a motion to postpone the Show Cause hearing to adequately notice interested parties and prepare a response to the complaints. The Board agreed and determined that a separate Probable Cause hearing was needed to establish whether evidence exists to determine revocation of the permit on the basis of non-compliance with flies (subject to Development Standard #8) and ground water quality (subject to Development Standard #4 and #20). The Board continued the Show Cause hearing to November 19, 2018. After review, WCDPHE did note that flies were an issue on -site; however, A-1 Organics successfully mitigated this concern by reducing the environmental conditions that support flies by frequent compost mixing and using parasitic wasps and limited pesticides. Additionally, the Colorado Department of Public Health and Environment was responsible for determining whether a groundwater contamination issue was present. WCDPHE staff had conversation with the CDPHE, but no documentation was submitted to substantiate this claim. WCDPHE also reaffirmed that there was no odor violation and that the windblown trash/debris had issue had been resolved. Because the flies or water quality issues have either been mitigated or not substantiated, the second Probable Cause hearing was not scheduled and the November 19, 2018 Show Cause hearing will only consider windblown debris. While odor was discussed at the original Probable Cause hearing on April 16, 2018 staff was unable to substantiate an odor violation as the readings were all below a 4:1 dilution threshold (D/T), PCSC184JOO6 Letter I A-1 Organics Page 1 EXHIBIT 2 Page 1 of 2 The Weld County Department of Planning Services and Weld County Department of Public Health and Environment have not been able to substantiate any active violations at the -1 Organic, Rattler Ridge Organic Reveling, Facility as the windblown debris has been mitigated and no odor violation was found. It is at the discretion of the Board to determine if the facility is in compliance with the Development Standards of USR- 1285. Please let me know if you have any questions. Regards, f'r , ,1-,S Michael Hall, Planner I PC C 18-0006 Letter I A -I Organics Page 2 Page 2 of 2 Show Cause Presentation to the Board of County Commissioners, Weld County, Colorado November 19, 2018 Photo of visible ONSITE debris, received from Mr. Guttersen on 01/11/18, before control measures Implemented. Photo of visible OFFSITE debris, received from Mr. Guttersen on 01/11/18, before control measures implemented. Photo of visible OFFSITE debris, received from Mr. Guttersen on 01/11/18, before control measures implemented. Photo of visible OFFSITE debris, received from Mr. Guttersen on 01/11/18, before control measures implemented. 11/19/2018 RtP organics 07-05-18 SW View After Control Measures Implemented • 18 -foot debris fence in background at right i 6 -foot perimeter fence in foreground • No visible debris organics 07-05-18 SW View After Control Measures Implemented • 18 -foot debris fence in background • 6 -foot perimeter fence in foreground ▪ No visible debris 4 11/19/2018 organics 07-05-18 NW View After Control Measures Implemented • 18 -foot debris fence in background • 6 -foot perimeter fence in foreground • No visible debris mg; organics 07-05-18 NW View After Control Measures Implemented • 18 -foot debris fence in background • 6 -foot perimeter fence in foreground • Windrows are "capped • No visible debris 5 11/19/2018 07-05-18 NW View After Control Measures Implemented • 18 -foot debris fence in background • 6 -foot perimeter fence in foreground • Windrows are "capped" • No visible debris organics 07-05-18 North View After Control Measures Implemented • Chicken wire added to fence on the east side of CR 59 • No visible debris 6 11/19/2018 organics 07-05-18 North View After Control Measures Implemented • Chicken wire added to fence on the east side of CR 59 • No visible debris 07-05-18 West View After Control Measures Implemented 7 11/19/2018 organics 07-05-18 West View After Control Measures Implemented • No visible debris organics 07-05-18 East View After Control Measures Implemented • No visible debris B 11/19/2018 ii.19 Pa' Ri ii ,„r organics _- - .r • yy >* YAIF i��' �y, C • i - _yj'-,yw�'7� �.� ��!'�+�� tl ? �JfJ •i1R� �a� ' ilt —' fa 18 SE View sr or-• • y` II ni,rS�• at* Naha,- /__ , ;� _ _ After Control Y i•. r!4 Y a Measures . Implemented _ IR - 0 Na visible debris iii h organics • iF NM it .141°t �qlj^_ t �: f -A J F 4 �, t is t'- - ?'ry a ' J i , viistr`� iA,� r. iAT" - t!SI ' tot ~" 07-05-18 After Control East View .-s��--.Or �c z: - _ ' —sr-. 7.raa..r b r ru 4 _ y. ,. • ,� ♦+. Z' 4 rt: `la �,i San c i-. -I yip ■ Implemented • • ■ } debris _ _ rit _ _ _ visible a� me t.I Y . �dir' '. V.., it r 1. • arras• rya .a.r a.:aF a. r. - �. _ . . 1 , al., L .4 9 11/19/2018 organics 07-05-18 NE View After Control Measures Implemented • No visible debris 07-05-18 SE View After Control Measures Implemented 10 11/19/2018 Si ii it 07-05-18 SE View organics After Control s .....,, _ T�.',_ Measures -.sue r _L ¢. a. Implemented it,,,„ ♦ �s ,� �'' •.-!-s 1�� _ ' _.� cam. - ' ilf t' • debris No vis• ible -�eb�- .i rG. A., big1 organics 07-05-18 Onsite View After Control Measures Implemented • No visible debris 11 11/19/2018 07-05-18 Onsite View After Control Measures Implemented 12 11/19/2018 %-_ %die + Guttersen Ranch Al Organics Do Not Agree that Al Is In Compliance with CD or Special Use Permit • Trash on Friday — November 16, 2018 • Groundwater still exceeds permit and CD condition • Flies are stilt an issue — only reduced due to freezing weather 1. 11/19/2018 2 11/19/2018 Aar • all r s . .a..-t�P PJP _ - r. s • _ .iC. . ,t4 _1.1, I 011 r s' e 41 imitt 44;4140 :It n7at 41 ." .o4 if • ! • c'Stet ... .i le S 3 11/19/2018 Groundwater Flow towards GR Groundwater Contamination Exceeds GW standards ant° Ranch ?ii%entir'Nita '.sa-a Al Own Cwitnem !Irwin I 1 ".• n .. �1 q to L.i 2 _.a r� 11/4;m•--- Al ©1cj8nia . Site A 140 X71 .I n• -. go 1�r*4 to • 0,30a ft5c.th T 4.: '`1 •DO - • rq iC !K. ,Iluil -14 4 90 ooghr €r -fly_ - I N, 1Al1 as 'Q 2 /44 Guthman Ranch Slid GR" W3 1113 A 4 Hello