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Home My WebLink About20163690.tiffIsob� PL aoa1 Chxi5 6aihrna''i NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado. Weld County Administration Building. •1150 0 Street. Assembly Room. Greeley, Colorado 80631. at the time specified. If a court reporter is desired, please advise the Clerk to the Board. in writing. at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336- 7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners. Weld County Administration Building, 1150 O Street, Greeley. Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. • • DOCKET #: 2016-74.A DATE: December 19. 2016 TIME: 9:00 a.m APPLICANT Heartland Biogas, LLC 15445 Innovative Drive San Diego. CA 921258 REQUEST: Show Cause Hearing. PSCS16-0004, to show whether good cause exists for revocation of a Minor Amendment to a Site Specific Development Plan, MUSR14-0030, and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility, including Class I composting, an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas) along with a concrete batch plant to be used for construction of the facility for the addition of a Digester Process and a 70 -foot flare in the A (Agricultural) Zone District LEGAL DESCRIPTION: Being part of the SE1/4 of Section 25. Township 4 North. Range 65 West of the 6th P.M., Weld County, Colorado ISSUES: Whether or not the Permit holder is in compliance with the following. Heartland Biogas, LLC. is required to operate with a valid Certificate of Designation pursuant to C.R.S. 30-20- 101 et seq., Colorado Code of Regulations 1007-2:1 et seq., and pursuant to various provisions of the Weld County Code, and evidence was presented, including a letter from the State. that these conditions have not been complied with, specifically. review of the financial assurance by the county. failure to obtain a valid Certificate of Designation when Heartland Biogas took over for Heartland Renewable Energy, and other factors. and II Heartland Biogas. LLC, may be in violation of various Development Standards of Use by Special Review Permit. USR-1704, and MUSR14-0030 as follows: 6. The property owner or operator shall comply with the applicable sections of the regulation pertaining to the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) and be constructed. operated, and monitored as detailed in the application materials and Conditions detailed in the Engineering Design and Operations Plan approval letter, dated April 7. 2010, from the Colorado Department of Public Health and Environment (CDPHE) in conjunction with the application materials and Conditions detailed in the Digester Processing System Engineering Design and Operation Plan Addendum approval letter, dated December 18. 2014, from the CDPHE. (Evidence was presented that Heartland Biogas was in violation of the EDOP and the Solid Waste Regulations due to various aspects of the operation including, but not limited to, fencing. signage, enclosure of buildings, dust. garbage blowing, odor levels. and odor mitigation measures such as scrubbers, as well as access to the facility. security at the facility, to include potential secure ID card entrance as required. In addition, evidence was presented that waste was being stored on site which may be a contradiction of the MUSK permit. specifically unenclosed or covered storage of waste streams. Further, evidence was presented that the odor management plan requires odor mitigation measures to be taken to control offsite nuisance conditions, and that nuisance conditions are present, including odor, and not being mitigated. Additionally, evidence was presented that the offloading of material was not being done in an enclosed building, storage pits were not covered, and waste streams were not being offloaded via a hose. Further the storage of waste streams at the DPS system as documented in photographs. Additionally, evidence was presented that incoming waste was not being limited or removed in compliance with the odor management mitigation plan.) 10. The property owner or facility operator shall notify the Weld County Department of Public Health and Environment, Department of Planning Services, and the Colorado Department of Public Health and Environment in the event of any deviations from, or proposed changes to, the facilities Engineering Design and Operations Plan. (Evidence presented indicated modified EDOP plans that are inconsistent with the originally granted CD, to include. but not limited to. the need for any bio-filtration systems or odor mitigation measures. and that Weld County was not notified of these modifications.) 16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved particulate emissions control plan. (The photographs of milk jugs, testimony of dust and blowing debris, as well as testimony regarding neighbors having to pick up garbage along their property lines indicates that this standard is being violated.) 17. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations and • comply with any permits issued by the Air Pollution Control Division. (Heartland Biogas, LLC, has entered into a Consent Agreement with the Colorado Air Quality Control Division regarding its air quality, and inspections indicate that the Permits issued by the state may be inadequate. Further, the issue was raised regarding whether the Operations and Maintenance Plan related to the air quality has been fully complied with, specifically with regard to air quality permit issued January 20, 2016, which states that compliance with the Operation and Maintenance Plan shall commence upon startup of the anaerobic digester.) 18. Exhaust removal systems shall be installed when necessary for enclosed areas and dust producing processes and equipment. Visible stack emissions from exhaust removal, material processing, and any combustion source shall not exceed 20% capacity (measured in accordance with EPA Reference Method 9). There shall be no visible emissions from any building openings (measured in accordance with EPA Reference Method 22). (Photographs and testimony demonstrating visible stack emissions were submitted indicating an opaque emission emanating from the facility.) 21. In accordance with the Colorado Air Quality Control Commissions Regulation Number 2, odor detected off -site shall not exceed the level of seven -to -one (7:1) dilution threshold. (On April 27, 2016, Phil Brewer of the Weld County Department of Public Health, a certified odor evaluator registered an exceedance of greater than seven -to -one (7:1) dilution threshold.) 30. Waste materials, not specifically addressed by other Development Standards, shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (The photographs of milk jugs, testimony and photographs of dust and blowing debris as well as testimony regarding neighbors having to pick up garbage along their property lines indicates that this standard is being violated. Further, evidence has been presented that potential nuisance conditions exist with regard to odor caused by the facility creating a nuisance off the facility's property.) 34. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. (Evidence was presented that the facility is operating without a valid CD, specifically as detailed in letter from the State on November 8, 2016, and due to the fact that the owner of the facility has changed since the original CD was granted; evidence was presented that the facility is potentially operating outside the bounds of its approved Engineering Design and Operation Plans (EDOP), which are conditions of the USR Permit; evidence was presented that the facility is possibly in violation of the State regulations regarding operation of a solid waste facility, specifically, the fencing requirements for the facility, signage requirements relating to clearly indicating what waste is accepted and traffic control and emergency contact information, security and access to the facility, the method of unloading material at the facility, the coverage/enclosure of the unloading docks at the facility, and the coverage/enclosure of various aspects of the facility, including the manure storage and storage of waste outside, as evidenced by photographs presented; evidence was presented that the facility potentially has not complied with the terms of the Weld County Code for the permitting of a Solid Waste Facility; additionally, the modification in the number of gallons of waste stored, the height and number of the storage tanks, compliance with the state solid waste regulations relating to control of nuisance conditions, relating to odors, noise, dust, and windblown debris.) 42. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (As noted above, this facility has been operated without a valid CD, and potentially in violation of the air quality standards as listed above and Weld County Code Section 23-2-250(b).) 45. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (As outlined above, potential violations may exist based on the above listed factual allegations and standards.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 2, 2016 PUBLISHED: December 7, 2016, in the Greeley Tribune • NOTICE • Pursuant to the -zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held In the Chambers of the Board of County Commissioners of Weld County, Cblorado, Weld County Administration Building,1150 0 Street, Assembly Room, Greeley, Collorado 8g0p6631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the re- questing party. In accordance with the Americans with Disabilities Act, If special accommodations are required in order for you to participate in this hearing,please contact the Clerk to the'Board's Office at (970) 336-7215, Extension 4226, prior to the dof the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 0 Street, Greeley, Colorado 80631. E -Mail messages sent to an in- dividual Commissioner may not be included In the case file. To ensure inclusion of your E -Mail cor- respondence into the case file, please send a copy to egesick®co.weld.co.us. DOCKET #: 2016.74.A APPLICANT: Heartland Sieges LLC DATE: December 19, 2016 15445 Innovative Drive TIME: 9:00 a.m. San Diego, CA 921258 • REQUEST: Show Cause Hearing, PSCS16-0004, to show whether good cause exists for revoca- tion of a Minor Amendment to a Site Specific Development Plan, MUSR14'0030, and Use by Spe cial Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility, including Class I com- r-based renewable posting, (gas) an along with awaste lc recyclingor batch plant facility to be used an anaerobic rr construction of the facility for the addition of a Digester Process and a 70 -foot flare In the A (Agricultural) Zone District • . LEGAL DESCRIPTION: Being part of the SEt/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado ISSUES: Whether or not the Permit holder is in compliance with the following: (.Heartland Biogas,.LLC, is required to operate with a valid Certificate of Designation pursuant to C.R.S. 30-20-101 et seq., Colorado Code of Regulations 1007-2:1 et seq., and pursuant to various provisions of the Weld County Code: and evidence was presented, including a letter from the State, that these conditions have not been complied with, specifically, review of the financial assurance by the county, failure to obtain a valid Certificate of Designation when Heartland Blogas took over for Heartland Renewable Energy, and other factors, and II.Heartl'and Biogas, LLC, may be in violation of various Development Standards of Use by Special Review Permit, USR-1704, and MUSR14-0030 as follows: 6. The owner or pertainingtothe Solid Wasterator Disposalshall Sites comand Facilitieswith e Act (6 CCR 1007 2) and ble sections of the e constructed, lation operated, and monitored as detailed in the application materials and Conditions detailed in the Engineering Design and Operations Plan approval letter, dated April 7, 2010, from the Colorado Department of Public Health and Environment (CDPHE) in conjunction with the application materials and Conditions detailed In the Digester Processing System Engineering Design and Operation Plan Addendum approval letter, dated December 18, 2014, from the CDPHE. (Evidence was presented that Heartland Biogas was in violation of the EDOP and the Solid Waste Regulations due to various aspects of the operation including, but not limited to, fencing, signage, enclosure of buildings, dust, garbage blowing, odor levels, and odor mitigation measures such as scrubbers, as well as access to the facility, security at the facility, to Include potential secure ID card entrance as required. In addition, evidence was presented that waste was being stored on site which 'may be a contradiction of the MUSR permit, specifically unenclosed or covered storage of waste streams. Further, evidence was presented that the odor management plan requires odor mit- igation measures to be taken to control offsite nuisance conditions, and that nuisance conditions are present, including odor, and not being mitigated. Additionally, evidence was presented that the offloading of material was not being done in an enclosed building, storage pits were not covered, and waste streams were not being offloaded via a hose. Further, the storage of waste streams at the DPS system as documented In photographs. Additionally, evidence was presented that incoming waste was not being limited or removed in compliance with the odor management • mitigation plan.) 10.The property owner or facility operator shall notify the Weld County Department of Public Health and Environment, Department of Planning Services, and the Colorado Department of Public Health -and Environment in the event of any deviations from, or proposed changes to, the facilities Engineering Design and Operations Plan. (Evidence presented Indicated modified EDOP plans that are inconsistent with the originally granted CD, to include, but not limited to, the need for any bio-fil- tration systems or odor mitigation measures, and that Weld County was not notified of these modifications.) 16.Fugltive dust and fugitive particulate emissions shall be controlled on this site. The facility shalt comtestimony of dust awith their ndroved blowing debris, as warticulate essions control ll ell as testimonylan. regard rThe egarding neighbors having ths of milk o pick up garbage along their property lines indicates that this standard is being violated.) 17.The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations and comply with any permits issued by the Air Pollution Control Division. (Heartland Biogas, LLC, has entered into a Consent Agreement with the Colorado Air Quality Control Division regarding its air quality, and inspections indicate that the Permits issued by the state may be Inadequate. Further, the issue was raised regarding —whether the Operations and Maintenance Plan related to the air quality has been fully compiled with, specifically with regard to air quality permit issued January 20, 2016, which states that compliance with the Operation and Maintenance Plan shall commence upon startup of the anaerobic digester.) 18.Exhaust removal systems shall be installed when necessary for enclosed areas and dust producing processes and equipment, Visible stack emissions from exhaust removal, material processing, and any combustion source shall not exceed 20% capacity (measured in accordance with EPA Reference. Method 9). There shall be no visible emissions from any building openings (measured in accordance with EPA Reference Method 22). (Photographs and testimony • demonstrating visib. is stack emissions were submitted indicating an opaque emission emanating from the facility.) 21.In accordance with the Colorado Air Quality Control Commissions Regutatlot, Number 2, odor detected off-site'sh I not exceed the level of seven-to-one,(7:1Xdllutlon threshold. (On April 27,- 2016, Phil Brewer the Weld County Department of Public Health, a certified odor evaluator registered an, c e of greater than seven -to -one (7:1) dilution threshold.) 30, Waste materials not specifically addressed by other Development Standards, shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions: (The photographs of milk jugs, testimony and photographs of dust and blow- ing debris as well as testimony regarding neighbors having to pick up garbage along their property lines Indicates that this standard is being violated. Further, evidence has been presented that potential nuisance conditions exist with regard to odor caused by the facility creating a nuisance off the facility's properly) Affidavit of Publication STATE OF COLORADO County of Weld, I Kelly Ash of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, SS. that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Seventh day of December A.D. 2016 and the last publication thereof: in the issue of said newspaper bearing the date of the Seventh day of December A.D. 2016 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. December 7, 2016 Total Charges: $65.44 7th day of December 2016 My Commission Expires 2/14/2019 JERILYN L. MARTINEZ ti NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074006708 MY COMMISSION EXPIRES FEBRUARY 14, 2019 . r (ov j 34.The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. (Evidence was presented that -the facility is operating without a valid CD, specifically as detailed in letter from the State on November 8, 2016, and due to the fact that the owner of the facility has changed since the original CD was granted; evidence was presented that the facility is potentially operating outside the bounds of its approved. Engineering Design and Operation Plans (EDOP), which are conditions of the USR Permit; evidence was presented that the facility is possibly in violation of the State regulations regarding operation of a solid waste facility, specifically, the fencing requirements for the facility, signage requirements relating to clearly indicating what wash accepted and traffigtonirol and emergency contact information, security and access to the Pity, the rrletbod chunloading material at the facility, the coverage/enclosure of the unloading dp 'at the tA6Tifr& the coverage/enclosure of various aspects of the facility, including the meat storage afwwf Storage of waste outside, as evidenced by photographs presented; evidence was presented that the facility potentially has not complied with the terms of the Weld County Code for the permitting of a Solid Waste Facility; additionally, the modification In the number of gallons of waste Mend, the 'height anti numtei of the storage tanks, compliance with the state solid waste regulations relating to control of nuisance conditions, relating to odors, noise, dust, and windblown debris.) • 42.The property owner or operator shall be responsible for complying with the Design and , Operation Standards of Chapter 23 of the Weld County Code. (As noted above, this facility has been operated without a valid CD, and potentially In violation of the air quality standards as listed above and Weld County Code Section 23-2-250(b).) 45 -The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (As outlined above, potential violations may exist based on the above listed factual allegations and standards.) BOARD OF COUNTY „S WELD COUNTY, COLORADO DATED: December 2, 2016 The Tribune December 7, 2016 Karla Ford -ibject: Show Cause Hearing, MUSR14-0030, Heartland Biogas, LLC (Con't from 11/14/16) Start: End: Mon 12/19/2016 9:00 AM Mon 12/19/2016 10:00 AM Recurrence: (none) Meeting Status: Meeting organizer DOCKET NUMBER: 2016-74 HEARING DATE: December 19. 2016 (Continued from September 19, 2016 abd November 14, 2016) TIME: 9:00 a.m. NAME AND ADDRESS: Headland Biogas, LLC 15445 Innovation Drive San Diego. CA 92128 RE: Show Cause Hearing to show whether good cause exists for revocation of a Minor Amendment to a Site Specific Development Plan, MUSR14-0030, and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility. including Class I composting. an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas) along with a concrete batch plant to be used for construction of the facility for the addition of a Digester Process and a 70 -foot flare in the A (Agricultural) Zone District OCATION: West of and adjacent to CR 49; north of and adjacent to CR 40 GAL: Being part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, CO PUBLISH DATE: September 7, 2016, in the Greeley Tribune FILE NO.: PL2072 PLANNER: Chris Gathman Paf r gjn \\411) • 1 SURROUNDING PROPERTY OWNERS AND ATTENDEES OF PRIOR HEARING (MUSR14-0030) • • • NAME PEDRO PEREZ AND GABRIELA CAMPOS RICHARD AND KATHY WALTERS SHELTON LAND AND CATTLE LTD AND SHELTON DAIRY CORPORATION HEARTLAND BIOGAS LLC, C/O MERIT ADVISORS LP STATE OF COLORADO STEVE FLIPPIN JAMIE HERGENREDER CONNIE AND TREVOR WILLIAMS NANCY FLIPPIN JOAN MARK RENA ARENS MIRANDA ARENS CHRIS SHELTON RICHARD WALTERS BARBARA AND JIM WELCH HEATHER HENRY AMY AND BRIAN HILL THOMAS HAREN RALPH DALEY PATRICK CLOYD JEROME LEHIR CHERYL HAINICH TAMMI VAN TIL JASON THOMAS KATHY HOYLAND SHARON AND JAMES WELCH BILL GARCIA PATRICIA OCONNELL ADDRESS CITY PO BOX 1058 18850 CR 49 PO BOX 65 STATE ZIP FORT LUPTON CO LASALLE CO ROGGEN CO PO BOX 330 GAINESVILLE 600 GRANT STREET, SUITE 640 DENVER 23295 CR 40 LASALLE 23295 CR 40 LASALLE 21734 CR 70 EATON 19108 CR 47 LASALLE 22264 CR 40 LASALLE 21730 CR 44 LASALLE 19575 CR 45 LASALLE 16350 CR 76 EATON 18850 CR 49 LASALLE 24458 CR 40 LASALLE 805 7TH STREET KERSEY 38507 CR 101 BRIGGSDALE 14339 CR 44 PLATTEVILLE 10160 BENT TREE DR MANASSAS 189 JEWEL STREET LOCHBUIE 15445 INNOVATION DRIVE SAN DIEGO 609 SEVEN MILE ROAD HARLEYVILLE 340 MADISON SE GRAND RAPIDS 2911 SPRING COVE DRIVE EVANS 18612 CR 49 LASALLE 18626 CR 49 LASALLE 5586 W 19TH STREET GREELEY 24600 CR 40 LASALLE TX CO CO CO CO CO CO CO CO CO CO CO CO CO CO VA CO CA SC MI CO CO CO CO CO 80621-1058 80645 80652-0065 76241-0330 80203-3527 80645 80645 80615 80645 80645 80645 80645 80615 80645 80645 80644 80611 80651 20111 80603 92128 29448 49503 80620 80645 80645 80634 80645 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number MUSR14-0030 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list on December 2, 2016. Dated the 2nd day 9f December, 2016. Karla Ford Deputy Clerk to the Board Below are the individuals who were emailed on December 5, 2016. JESSICA MCKEOWN JMCKEOWN@LASALLETOWN.CO TODD AMEN AMENOIL@YAHOO.COM MIRANDA ARENS MIRANDA.ARENS@GMAIL.COM RUSS JUSTICE AND JULEE REYNOLDS JULEE@JUSTICETRUCKING.COM TIM AND JACKIE NELSON JNELSON@WHAT-WIRE.COM NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Coma ling, 1150 O Street, Assembly Room, Greeley, C !ase advise the Clerk to the Board, in writing,at I w "' C° P�""'�"� �� +�� )rter In cc ° ions shall be borne by the requesting party. a m are required in order for you to participate it z O o 336- 'a :lerk 7215, Extension 4226, prior to the day of the a Ci r:� to the Board of County Commissioners, Welc ndi' Q o ‘,4,. fa ;.� „�� 331. E -Mail messages sent to an individual Comrr w 8 i� your E -Mail correspondence into the case file, ,.. C. 0 t 0 F2 M N:tea Sa. an co 'cr.o t w..pY. ‘,..:4,O ,as bw NIS a_ in N 0 0 0.0 1/4 t ... • F `` •�r 1.42::- 1 , aitap 1\1 zx;1.O a ICY' .wnl Er 1 tAD .':: � �Cri DOCKET #: 2016-74.A DATE: December 19, 2016 TIME: 9:00 a.m. REQUEST: Show Cause Hearing, PSCS Amendment to a Site Specific Development Solid Waste Disposal Site and Facility, incluc anaerobic digester -based renewable energy the facility for the addition of a Digester Proc) LEGAL DESCRIPTION: Being part of the S County, Colorado ISSUES: Whether or not the Permit holder Heartland Biogas, LLC, is required 101 et seq., Colorado Code of Rec County Code, and evidence was pre complied with, specifically, review of Designation when Heartland Biogas II. Heartland Biogas, LLC, may be in vi USR-1704, and MUSR14-0030 as fc 6. The property owner or oper the Solid Waste Disposal monitored as detailed in the Operations Plan approval IE Environment (CDPHE) in Digester Processing Syster December 18, 2014, from t! of the EDOP and the Solid limited to, fencing, signag mitigation measures such a potential secure ID card ent stored on site which may I storage of waste streams. odor mitigation measures tc are present, including oda offloading of material was t waste streams were not be system as documented in t not being limited or remove 10. The property owner or faci Environment, Department Environment in the event Design and Operations Pla with the originally granted odor mitigation measures, U.S O cc O m co N- 0 CO 0 W I— cc Lijla co n (I)XW COmw W o W J O cC O r a. 0 O Ncr Co III F- D ■ O W N co < C) W 0 F. cco o� UFO � Z Q W W > Q o Z p W uo co O 11.1 O ikdO iscese !'41 If' 1n o xl a linor 'or a (an )n of Veld -20- Veld )een teof >�a rmit, i9 to 5.6 and a land 41 and c7 I the iti $4. ated 9tion ft not odor :lude )eing !ered uires tions t the and DPS was and and 'ring stent ns or 2oi 3(,0qO 16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved particulate emissions control plan. (Thephotographs of milk p y jugs, testimony of dust and blowing debris, as well as testimony regarding neighbors having to pick up garbage along their property lines indicates that this standard is being violated.) 17. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations and comply with g p y any permits issued by the Air Pollution Control Division. (Heartland Biogas, LLC, has entered into a Consent Agreement with the Colorado Air Quality Control Division regarding its air quality, and inspections indicate that the Permits issued by the state may be inadequate. Further, q the issue was raised regarding whether the Operations and Maintenance Plan related to the air quality has been fully complied with, specifically with regard to air quality permit issued January 20, 2016, which states that compliance with the Operation and Maintenance Plan shall commence upon startup of the anaerobic digester) 18. Exhaust removal systems shall be installed when necessary for enclosed areas and dust producing 9 processes and equipment. Visible stack emissions from exhaust removal, material processing, and any combustion source shall not exceed 20% capacity (measured in accordance with EPA Reference Method 9). There shall be no visible emissions from any building openings (measured in accordance with EPA Reference Method 22). (Photographs and testimony demonstrating visible stack emissions were submitted indicating an opaque emission emanating from the facility.) 21. In accordance with the Colorado Air Quality Control Commissions Regulation Number 2, odor detected off -site shall not exceed the level of seven -to -one (7:1) dilution threshold. (On April 27, 2016, Phil Brewer of the Weld County Department of Public Health, a certified odor evaluator registered an exceedance of greater than seven -to -one (7:1) dilution threshold.) 30. Waste materials, not specifically addressed by other Development Standards, shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (The photographs of milk jugs, testimony and photographs of dust and blowing debris as well as testimony regarding neighbors having to pick up garbage along their property lines indicates that this standard is being violated. Further, evidence has been presented that potential nuisance conditions exist with regard to odor caused by the facility creating a nuisance off the facility's property.) 34. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. (Evidence was presented that the facility is operating without a valid CD, specifically as detailed in letter from the State on November 8, 2016, and due to the fact that the owner of the facility has changed since the original CD was granted; evidence was presented that the facility is potentially operating outside the bounds of its approved Engineering Design and Operation Plans (EDOP), which are conditions of the USR Permit; evidence was presented that the facility is possibly in violation of the State regulations regarding operation of a solid waste facility, specifically, the fencing requirements for the facility, signage requirements relating to clearly indicating what waste is accepted and traffic control and emergency contact information, security and access to the facility, the method of unloading material at the facility, the coverage/enclosure of the unloading docks at the facility, and the coverage/enclosure of various aspects of the facility, including the manure storage and storage of waste outside, as evidenced by photographs presented; evidence was presented that the facility potentially has not complied with the terms of the Weld County Code for the permitting of a Solid Waste Facility; additionally, the modification in the number of gallons of waste stored, the height and number of the storage tanks, compliance with the state solid waste regulations relating to control of nuisance conditions, relating to odors, noise, dust, and windblown debris.) 42. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (As noted above, this facility has been operated without a valid CD, and potentially in violation of the air quality standards as listed above and Weld County Code Section 23-2-250(b).) 45. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (As outlined above, potential violations may exist based on the above listed factual allegations and standards.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 2, 2016 PUBLISHED: December 7, 2016, in the Greeley Tribune NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a the Chambers of the Board of County Comm - 1150 O Street, Assembly Room, Greeley, Ci advise the Clerk to the Board, in writing, at IF shall be borne by the requesting party. In acct are required in order for you to participate it 7215, Extension 4226, prior to the day of the to the Board of County Commissioners, Weld E -Mail messages sent to an individual Comm E -Mail correspondence into the case file, i DOCKET #: 2016-74.A DATE: December 19, 2016 TIME: 9:00 a.m. REQUEST: Show Cause Hearing, PSCS1 Amendment to a Site Specific Development F Solid Waste Disposal Site and Facility, includi anaerobic digester -based renewable energy r the facility for the addition of a Digester Proce. LEGAL DESCRIPTION: Being part of the SE County, Colorado ISSUES: Whether or not the Permit holder is Heartland Biogas, LLC, is required to 101 et seq., Colorado Code of Regu County Code, and evidence was presE complied with, specifically, review of ti Designation when Heartland Biogas tc II. Heartland Biogas, LLC, may be in viol USR-1704, and MUSR14-0030 as foil 6. The property owner or operat the Solid Waste Disposal Sit' monitored as detailed in the al Operations Plan approval lettE Environment (CDPHE) in co Digester Processing System I December 18, 2014, from the of the EDOP and the Solid (44 limited to, fencing, signage, mitigation measures such as potential secure ID card entrai stored on site which may be storage of waste streams. Fu odor mitigation measures to bf are present, including odor, offloading of material was not waste streams were not being system as documented in pho not being limited or removed ii 10. The property owner or facility Environment, Department of I Environment in the event of Design and Operations Plan. (, with the originally granted CD, odor mitigation measures, and V / i ill O m Z Hg r_8_1((2V \ I ono O Q.= N NO O to CD `Ct is 0 cc Q O m W 0 N 0 CO 0 CO CO W w o0 �W000 oCC in > 1-wXW Omw W o W Jin T0CC U r W 0 public hearina will be held in ing, ase irter ons i36- lerk 31. Dur I - W .� W ce: Cc C 7) cc Q=C —° ‹ 1:51 O w W ec m o -- f .....r.. r. . =Jib • It era+. 61111 U I rl1 0' 11 k, in Min. 6T•1 - --0 IU...V la UAW,. .11 Perf•A N S.A. .. M .. . t. - AO/ n O.l aprAtn PO Oen_ * .nq.M._: ..Y.., n to •r... Jana. la -a-.•. c • ._...nlin. y MS. IOWA *NM r yu surf TP4^ n. y.... S/ nor ur a an of eld ?0 aid en of 4, lit, o . to •,� �d nd ttl id S �~ ie )n of or le ig 4s 1S le id 'S IS id d 9 'it 16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved particulate emissions control plan. (The photographs of milk jugs, testimony of dust and blowing debris, as well as testimony regarding neighbors having to pick up garbage along their property lines indicates that this standard is being violated.) 17. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations and comply with any permits issued by the Air Pollution Control Division. (Heartland Biogas, LLC, has entered into a Consent Agreement with the Colorado Air Quality Control Division regarding its air quality, and inspections indicate that the Permits issued by the state may be inadequate. Further, the issue was raised regarding whether the Operations and Maintenance Plan related to the air quality has been fully complied with, specifically with regard to air quality permit issued January 20, 2016, which states that compliance with the Operation and Maintenance Plan shall commence upon startup of the anaerobic digester) 18. Exhaust removal systems shall be installed when necessary for enclosed areas and dust producing processes and equipment. Visible stack emissions from exhaust removal, material processing, and any combustion source shall not exceed 20% capacity (measured in accordance with EPA Reference Method 9). There shall be no visible emissions from any building openings (measured in accordance with EPA Reference Method 22). (Photographs and testimony demonstrating visible stack emissions were submitted indicating an opaque emission emanating from the facility.) 21. In accordance with the Colorado Air Quality Control Commissions Regulation Number 2, odor detected off -site shall not exceed the level of seven -to -one (7:1) dilution threshold. (On April 27, 2016, Phil Brewer of the Weld County Department of Public Health, a certified odor evaluator registered an exceedance of greater than seven -to -one (7:1) dilution threshold.) 30. Waste materials, not specifically addressed by other Development Standards, shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (The photographs of milk jugs, testimony and photographs of dust and blowing debris as well as testimony regarding neighbors having to pick up garbage along their property lines indicates that this standard is being violated. Further, evidence has been presented that potential nuisance conditions exist with regard to odor caused by the facility creating a nuisance off the facility's property.) 34. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. (Evidence was presented that the facility is operating without a valid CD, specifically as detailed in letter from the State on November 8, 2016, and due to the fact that the owner of the facility has changed since the original CD was granted; evidence was presented that the facility is potentially operating outside the bounds of its approved Engineering Design and Operation Plans (EDOP), which are conditions of the USR Permit; evidence was presented that the facility is possibly in violation of the State regulations regarding operation of a solid waste facility, specifically, the fencing requirements for the facility, signage requirements relating to clearly indicating what waste is accepted and traffic control and emergency contact information, security and access to the facility, the method of unloading material at the facility, the coverage/enclosure of the unloading docks at the facility, and the coverage/enclosure of various aspects of the facility, including the manure storage and storage of waste outside, as evidenced by photographs presented; evidence was presented that the facility potentially has not complied with the terms of the Weld County Code for the permitting of a Solid Waste Facility; additionally, the modification in the number of gallons of waste stored, the height and number of the storage tanks, compliance with the state solid waste regulations relating to control of nuisance conditions, relating to odors, noise, dust, and windblown debris.) 42. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (As noted above, this facility has been operated without a valid CD, and potentially in violation of the air quality standards as listed above and Weld County Code Section 23-2-250(b).) 45. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (As outlined above, potential violations may exist based on the above listed factual allegations and standards.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 2, 2016 PUBLISHED: December 7, 2016, in the Greeley Tribune • • WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 11/29/2016 4:24:06 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. 4,1 -Lee ithd Signature I}'2HLo Date Property Owners Within 500 ft of Parcel # 105525400014 Account Parcel Owner Mailing Address R4285186 105330000018 PEREZ PEDRO SAUCEDO R4285186 105330000018 CAMPOS GABRIELA RAMIREZ > PO BOX 1058 FORT LUPTON, CO 806211058 R8945076 105330300004 WELD COUNTY 1150 O ST GREELEY. CO 806319596 R8945077 105330300005 PEREZ PEDRO SAUCEDO Dutobitca_rit BOX FORT 1058 LUPTON, CO 806211058 R8945077 105330300005 CAMPOS GABRIELA RAMIREZ )1PO R8941568 105331200024 WELD COUNTY OF 1150 O ST GREELEY, CO oucci,L-u-.+ 806319596 , c, R8941569 105331200025 WALTERS KATHY J R8941569 105331200025 WALTERS RICHARD A > 18850 COUNTY ROAD 49 LASALLE, CO 80645 R8945031 105525100015 WELD COUNTY 1150 O ST -DuTLIat-K- • WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 11/29/2016 4:24:06 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. otallia Am(' Il 2R -Ili Property Owners Within 500 ft of Parcel # 105525400014 Signature Date Account Parcel Owner Mailing Address GREELEY, CO 806319596 M4365686 105525200016 SHELTON DAIRY CORP PO BOX 65 ROGGEN, CO 806520065 R8945032 105525200016 PO BOX 65 ROGGEN, CO 806520065 SHELTON LAND & CATTLE LTD R6784555 105525300010 PO BOX 65 ROGGEN, CO 806520065 SHELTON LAND AND CATTLE LTD R8944201 105525400012 WELD COUNTY 1150 O ST GREELEY, CO 806319596 DupL i(C R8944202 105525400013 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8944203 105525400014 HEARTLAND BIOGAS LLC C/O MERIT ADVISORS LP PO BOX 330 GAINESVILLE, TX 762410330 R8945033 105525400017 PO BOX 65 D upti.caX ROGGEN, CO 806520065 SHELTON LAND & CATTLE LTD R8945202 105536100003 WELD COUNTY OF 1150 O ST GREELEY, CO 806319596 VcApcicou“-- t • WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 11/29/2016 4:24:06 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. COWL It//Lob Signature Date Property Owners Within 500 ft of Parcel # 105525400014 Account Parcel Owner Mailing Address R8945203 105536100004 COLORADO STATE OF 600 GRANT ST STE 640 DENVER, CO 802033527 • ATTE NCE yST DATE: h/1 jAme-oKt f NAME - PLEASE PRINT LEGIBLY EMAIL { ADDRESS CITY ST ZIP c5+,;,,_ on:, s4c0,23Cv@Ac4-,►.,c 'I,co, cis— 232 Wr g Lro LcS, Ilc Co Fcr6`%s' M' 4_ 1 rr nf49 Crt,��i 0.r�1S0 �1n ,� . cow` d 3d�i 5 (A)C, a t Co 80013 414.atedighti415Ategr-/C0a.r, Caevf -212;41 e/e 7e ,e9T0;f1 20 ft,,5- /k/A// sfr-T&Ile lhiill5 ,ne_ -c14)N.,,, () ., , S -Y1 \ P 1-1037S-@ PtaL i e-cw\ (9) Dg 1,3 eS q7 Lc. & 1k-- Col CO vs- JEAO C Di (I< earmy) 22W C)? iin 4(1 k (et Od w(43-- ; 'rken& Arens YtnimAd r'r1n-Qe_ Ci3 o► - wr ens o l , c sc-7"l q mao l . ran? �l1 '130 _fk, 4i4 LaSn S le_ Qt 30 6(15 yS reap q l so s tr�or Qenr\c�i 8 f r t R 57 5 c:CL. 45 La S q11 e- CO 30693 Ct\c s sI,c. ,l-��. 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(min. 1544g 4 S i Mn/oJAT► -t Vc • ATTEFNCE LIST DATE: t NAME - PLEASE PRINT LEGIBLY EMAIL ADDRESS CITY ST ZIP CI kevy1 -\_Afkk nt ciTh hc,r5t . 11� in 1 in e e 1( brc,wM 4'09 Sc vcAn 01 I c lZ I-kik C etiv II( oR« y 'ft - YMjU1mr\yin 1tI —/a n4►(@(t/MC eel- ..ti2t 6arsonS",s, 6raNut im( 4gcb i-aso O rflit a c g!M .'thwsts (d ed//P. cd4I O11 n p�..a-.�-��, U / Egan s s <,) 50e z ci/ /� L �L&4 (,r t�7/ s i ..-f--1re:,r. (4-1-1 C v,� c 1 (,i li 6,r`: c. i,W)4rc.k@ c pZI cw. Ce,._ 5586 k.. ' ei '= 51 are‘,/ S race lc./ c `--) g" 6C 3c.1 47 yoLH4-ii\ .. x , --icyict vi,C- .•K6.41,1y, rt-tovgicalc y1290.** 4 CON. Isx., SCL I ib La5'll IC ( -1: 71-7401 lic- , %jai LA 1CA- 1 g(02-(40 IA) C ge- 41 Ata1/4., LA r-% / La C --j (S)CLCi)- vt-C64-fiS DeL NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 0 Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 0 Street, Greeley, Colorado 80631. E - Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egeslck@co.weld.co.us. DOCKET #: 2016-74 DATE: September 19, 2016 TIME: 9:00 a.m. APPLICANT: Heartland Biogas, LLC 15445 Innovative Drive San Diego, CA 92128 REQUEST: Show Cause Hearing, PSCS 1 G-0004, to show whether good cause exists for revocation of a Minor Amendment to a Site Specific Development Plan, MUSR14-0030, and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility, including Class I composting, an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas) along with a concrete batch plant to be used for construction of the facility for the addition of a Digester Process and a 70 -foot flare in the A (Agricultural) Zone District LEGAL DESCRIPTION: Being part of the SE1l4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado ISSUE: Whether or not the Permit holder is in compliance with the following. 1. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulation and comply with any permits issued by the Air Pollution Control Division, 2. In accordance with the Colorado Air Quality Control Commission Regulations Number 2, odor detected off site shalt not exceed the level of seven -to -one (7:1) dilution threshold. 3. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 2, 2016 PUBLISHED: September 7, 2016, in the Greeley Tribune Affidavit of Publication - NOTICE Pursuant to the zoning laws of the Slate of Colorado and the Weld County Code, a public hearing will be held in the Cham- bers of the Board of County Comm'ssioners oil Weld County. Colorado, Weld County Administration Building, 1150 O Street, Assembly Room. Greeley, Colorado 80631, at the time specified. If a court reporter is desired. please advise the Clerk to the Board, in writing, at least five days prior of the hearing, The cost of engaging a court reporter shall be borne by the requesting party, In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to partici- pate in this, hearing, please contact the Clerk to the Board's Of- fice at (970) 336-x7215, Extension 4226, prior to the day of the hearing_ . The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street Greeley, Colo- rado 80631. E -Mail messages sent to an individual Commis- sioner may not be included in the case fi e. To ensure inclu- sion of your E -Mail correspondence into the case file. please send a copy to egesiekeco.weld.co.us. DOCKET #: 2016-74 DATE: September 19, 2016 TIME: 9:00 am. APPLICANT: Heartland Biogas, t.LC 15445 Innovative Drive San Diego. CA 92128 REQUEST: Show Cause Hearing to show whether good cause exists for revocation of a Minor Amendment to a Site Specific Development Plan. MUSR 14 0030, and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility, including Class I composting, an animal waste recycling or pro- cessing facility (an anaerobic digester -based renewable energy plant (gas) along with a concrete batch plant to be used for con- struction of the facility for the addition of a Digester Process and a 70 -foot flare in the A (Agricultural) Zone District LEGAL DESCRIPTION: Being part of the SE la of Section 25, , Township 4 North, Range 65 West of the 6th P,M.. Weld County, Colorado ISSUE: Whether or not the Permit holder is in compliance with the following: 1.The facility shall operate in compliance with applicable Colo- rado Air QualityControl Regulation and comply with any permits issued by the Air Pollution Control Division. 2,In n accordance with the Colorado Air Quality Control Commis- sion Regulations Number 2. odor detected off site shall not ex- ceed the level of seven -to -one (7:1) dilution threshold. 3,The property owner or operator shall be responsible for com- plying with all of the foregoing Development Standards. Non - comp lance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners,. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO DATED: September 2, 20 to The Tribune September 7, 2016 STATE OF COLORADO County of Weld, I Kelly Ash Ss. of said County of Weld, being duly sworn, say that I am an advertising, clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Seventh day of September A.D. 2016 and the last publication thereof: in the issue of said newspaper bearing the date of the Seventh day of September A.D. 2016 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,18 79, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. September 7, 2016 Total charges: $19.04 7th day of September 2016 My Commission Expires 2/14/2019 Notary Public JERILYN L. MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2007400 708 MY CCMICSION F.XP;RES FEBRUARY 14, 2019 SURROUNDING PROPERTY OWNERS MUSR14-0030 CO La C ri M 1--i L fl CN gzr LO CD N i co 00 80652-0065 ILl I— I- 0 0 0 LP) L) U U Z C. H C. D 17 0 " W C; 0 0 LU a PO BOX 1058 PEDRO PEREZ AND GABRIELA CAMPUS LJJ J 4 CO 18850 COUNTY ROAD 49 z 0 H J to LJJ 1 z C z tcat 8 0 CC Z C < 0 cc 0 = o w 1 c v UJ U U cC PEA BOX 65 LAND AND CATTLE LTD H CC UJ 2 0 O (,.) J d o co a z 5 cc w 76241-0330 W J J 80203-3527 0 L11 zz E PO BOX 330 ADVISORS LP 600 GRANT STREET SUITE 640 STATE OF COLORADO z .--J d se 6- Li., — C U LL 1 — Ls, C O rz U O C 4-0 4-0 cu a) C co 10 U cc c • ate.. i) C 3 O t iv C a to O L L m a) 4. O C_ 0 U a) L. O 0 C 03 C 1 - re 4J U fQ 0_ QJ MI -c 4-0 ra et P saii O I.a) Cc s_ a) a) 113 VI VI 03 U VI L. T. 1O. 03 C_ CD L. C. CU tin CO v) C C. ti i For 2 th cu {v CO it 4-0 a) Q) 4--I C • 00 C C i ri cc vl 2 1 i) E C 2 Lu VI cc {..j C D O U CL.) O 4-0 iv E L. . 0- L ri O rJ L cli CU a CU V} C 03 44 VII Co 4-, VII 4--I addressed on the attached Dated the 8th day of September, 2016. 1 LL 03 co O Co 4-0 O AH ii - CD U am CU Pursuant to the zoning laws of tt hearing will be held in the Chambers of the Weld County Administration Building, the time specified. If a court reporter is desired, pleat. prior of the hearing. The cost of engaging accordance with the Americans with Disa for you to participate in this hearing, plea: Extension 4226, prior to the day of the he The complete case file may be e Commissioners, Weld County Administra Mail messages sent to an individual Corn inclusion of your E -Mail correspor egesick@co.weld.co.us. DOCKET #: 2016-74 DATE: September 19, 2016 TIME: 9:00 a.m. APPLICANT: Heartland Biogas, LLC 15445 Innovative Drive San Diego, CA 92128 REQUEST: Show Cause Hearing, PSC of a Minor Amendment to a Site Spec' Review Permit, USR-1704, for a Solid W an animal waste recycling or processing (gas) along with a concrete batch plant Digester Process and a 70 -foot flare in tl LEGAL DESCRIPTION: Being part of ' West of the 6th P.M., Weld County, Colt ISSUE: Whether or not the Permit hol 1. The facility shall operate in comp and comply with any permits iss' 2. In accordance with the Coloradc detected off site shall not exceei 3. The property owner or operator Development Standards. Non( may be reason for revocation of BOARD OF COUNTY COMMISSIONS! WELD COUNTY, COLORADO DATED: September 2, 2016 PUBLISHED: September 7, 2016, in I CO (10 E`I 'Ell CD sai W N- E- Ireis otc� i coa° II tern)Cfj. -. N o N 0 Q Co 111 0 0, CO Ww O a tat, co U-1 J O CC le-I.c a w W H 5 r o u) Lc; o „iv< LU 0 O � C C O UFO �ZLU ��o to C "t c "4 O Qo CD to 1:4C // kW ELIOO 12: O1O Cs zlifuj pAiii1 a re n 4: Ps aN iS • ' it -4 ,4 Kr* a eat al re a Vail rr� ace tar — Wag" Ca rat a ,_—,J EM a C CM .r _• . �_ lab bate ate. USES as alga wtr▪ e w va a la a p la la a tam =as al a_ a a a el ana a' WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/8/2016 10:34:47 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date, 14th°. ATIL___ G� f� Signature �l 'O Date Property Owners Within 500 ft of Parcel # 105525400014 Account Parcel Owner Mailing Address R4285186 105330000018 PEREZ PEDRO SAUCEDO 1 R4285186 105330000018 CAMPOS GABRIELA RAMIREZ PO FORT BOX 1058 LUPTON, CO 806211058 R8945076 105330300004 WELD COUNTY 1150 GREELEY, O ST CO 806319596 R8945077 105330300005 PEREZ PEDRO SAUCEDO R8945077 105330300005 CAMPOS GABRIELA RAMIREZ PO FORT BOX 1058 LUPTON, CO 306211058 R8941568 105331200024 WELD COUNTY OF 1150 GREELEY, O ST CO 806319596 R8941569 105331200025 WALTERS KATHY J 1 R8941569 105331200025 WALTERS RICHARD A 18850 LASALLE, COUNTY CO ROAD 80645 49 ' R8945031 105525100015 WELD COUNTY 1150 I O ST WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/8/2016 10:34:47 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://vinvvv.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. J4PtAct Signature Date Property Owners Within 500 ft of Parcel # 105525400014 Account Parcel Owner -- Mailing Address GREELEY, CO 806319596 M4365686 105525200016 SHELTON DAIRY CORP PO ROGGEN, BOX 65 CO 806520065 R8945032 105525200016 SHELTON LAND & CATTLE LTD PO ROGGEN, BOX 65 CO 806520065 86734555 105525300010 SHELTON LAND AND CATTLE LTD PO BOX ROGGEN, 65 CO 806520065 R8944201 105525400012 WELD COUNTY 1150 GREELEY, O ST CO 806319596 R8944202 105525400013 WELD COUNTY -- - 1150 GREELEY, O ST CO 806319596 i i i i R8944203 105525400014 HEARTLAND BIOGAS OOAS LLC 010 PO GAINESVILLE, BOX N MERIT ESVI 330 LLE, ADVISORS TX 762410330 LP R8945033 105525400017 SHELTON LAND & CATTLE LTD PO BOX ROGGEN, 65 CO 806520065 R8945202 105536100003 WELD COUNTY OF 1150 GREELEY, O ST CO 806319596 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/8/2016 10:34:47 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The last compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. 1,atlia Ss) Cto Signature r l / • Y Date Property Owners Within 500 ft of Parcel # 105525400014 Account Parcel Owner ' Mailing Address R8945203 105536100004 COLORADO STATE OF 600 DENVER, GRANT CO ST STE 802033527 640 Hello