HomeMy WebLinkAbout20162262.tiffAugust 1, 2016
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.co.weld.co.us
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
CH2E COLORADO LLC
12311 COUNTY ROAD 41
HUDSON, CO 80642-9615
Account No.: P0011259
Dear Petitioner(s):
Based upon information furnished to the Weld County Board of Equalization, we understand that
you have withdrawn the petition challenging the valuation of the above Account number. Please
be informed that a withdrawn petition precludes any further challenge to the valuation of the above
Account number for this assessment period. Therefore, the Board of Equalization took no action
on your petition and the assessed value remains as set by the Assessor.
Very truly yours,
BOARD OF EQUALIZATION
dot4A) X4);(,k.
Esther E. Gesick
Clerk to the Board
Weld County Board of County Commissioners
cc: Christopher Woodruff, Assessor
Asa*y
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Jamie Kostura <jamie c@ch2e.com>
Wednesday, July 20, 2016 1:49 PM
Esther Gesick
Cristina Caplinger
CH2E Colorado, LLC - Appeal Cancellation ,001/0259
160714 - CH2E Colorado, LLC - Appeal to Weld County Board of Equalization - online
confirmation.pdf; Board of Equalization Appeal Submitted
High
Esther Gesick
Clerk to the Board/ Office Manager
1150 O Street - Administration Building
P.O. Box 758
Greeley, CO 80632
phone:
(970) 336-7215 x 4226
email:
egesick@co.weld.co.us
Dear Esther,
CH2E Colorado, LLC hereby officially withdrawals the property assessment valuation appeal and request for a
hearing with the Weld County Board of Equalization.
The original request for this appeal / hearing is attached for your reference.
Please accept this email as our intention to withdrawal this request and cancel our appeal.
Please confirm your receipt of this cancellation.
Sincerely,
Jamie KOSTURA
e°°eCH2E
Jamie KOSTURA I Chief Operating Officer
m 610-762-9065
e jamie@eh2e.com
w www.ch2e.com
This communication and all attachments may be privileged and confidential and protected from disclosure. If you are not a named
recipient, you have received this in error and any review, distribution or copying of this communication is strictly prohibited. In such
an event, please notify us immediately by replying to this email and immediately delete it and all attachments.
1
From: Jamie Kostura <jamie@ch.2e.com>
Date: "Thursday, July 14, 2016 at 3:59 PM
To: Cristina Caplinger <ccaplingera co.weld.co.us>
Subject: FW: CH2E Appeal
Dear Cristina,
Attached, please find the confirmation for the appeal which we submitted to the County Board of Equalization.
We appreciate all of the assistance you have provided to us during this process.
If there is anything further that we need to provide, please let us know.
My best,
Jamie KOSTURA
g0•12E
Jamie KOSTURA I Chief Operating Officer
m 610-762-9065
e iamie(ch2e..com
w www.ch2e.com
This communication and all attachments may be privileged and confidential and protected from disclosure. If you are not a named
recipient, you have received this in error and any review, distribution or copying of this communication is strictly prohibited. In such
an event, please notify us immediately by replying to this email and immediately delete it and all attachments_
From: Cristina Caplinger <ecaplinger@co.weld.co.us>
Date: Thursday, July 7, 2016 at 5:23 PM
To: Jamie Kostura <jamie@ch2e.com>
Subject: RE: CH2E Appeal
HI Jamie,
Yes it did. Thank you!
Cristina
Cristina A. Caplinger
Property Appraiser
2
Natural Resource/Commercial Personal. Property Division
Weld County Assessor's Office
(970) 353-3845 x3686
ecaplinger@co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
From: Jamie Kostura [rnailto janiie@ch2e.com]
Sent: Thursday, July 7, 2016 3:21 PM
To: Cristina Caplinger <ccaplinger@co.weld.co.us>
Subject: Re: CH2E Appeal
Importance: High
Cristina,
I trust my reply below has answered your question satisfactorily.
If not, please let me know if you require anything further.
My best,
Jamie
3
Jamie KOSTURA
m 610-762-9065
e jamie@ch2e.com
From: Jamie Kostura <jamie@ch2e.com>
Date: Wednesday, July 6, 2016 at 6:36 PM
To: Cristina Caplinger <ccaplinger@co.weld.co,us>
Cc: Robert Zechcr <robert@ch2e.com>
Subject: Re: CH2E Appeal
Cristina,
Very good question.
Items 5, 9, 10 and 11 were included in the original acquisition of the entire waste tire monofill (Item 1). There
was a single cost for the acquisition, not itemized purchases.
This is also the case for items 1 through 1 1 on the asset schedule.
As such, it is very difficult to isolate and value any of these itemized costs.
Please let me know if you require anything further on this.
My best,
Jamie
4
<><><>
Jamie KOSTURA
m 610-762-9065
e jamiech2e..com
From: Cristina Caplinger <ccaplinger@co.wcld.co.us>
Date: Wednesday, July 6, 2016 at 6:26 PM
To: Jamie Kostura <jarnie@ch2e.com>
Cc: Robert Zecher <robert@ch2e.cotn>
Subject: RE: CH2E Appeal
Hi Jamie,
Was there a cost allocated to Items #5, #9, #10 and #11? Thank you!
Cristina
Cristina A. Caplinger
Property Appraiser
Natural Resource/Commercial Personal Property Division
Weld County Assessor's Office
(970) 353-3845 x3686
ccaplinger@co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
From: Jamie Kostura fmailto:jamie@ch2e.com]
Sent: Wednesday, July 6, 2016 3:31 PM
To: Cristina Caplinger <ccaplinger@co.weld.co..us>
Cc: Robert 'Lecher <robert@ch2e.com>
Subject: Re: CH2E Appeal
Importance: High
Schedule
Number
Tax Year
Tax Area
Physical
Location of
Personal
Property
Property
Owner
P0011259
2016
0118
12311 CR 41, Hudson, CO 80642
Prior year
value
Current year
value
CH2E Colorado, LLC
Hudson Tireville, LLC
12311 County Road 41, Hudson,
CO 80642-9615
PT S2N2SE4 32-3-65 Lot B Rec
Exempt RE -1 367
41,646
To be determined; in dispute
6
Dear Cristina:
Please accept this letter and updated asset schedule and property valuation in accordance with your email reply
to the original submittal by CH2E.
We thank you for your kind consideration in this matter.
My best,
Jamie KOSTURA
e°fleCH2E
Jamie KOSTURA I Chief Operating Officer
m 610-762-9065
e jamie@ch2e.com
w www.eh2e.com
This communication and all attachments may be privileged and confidential and protected from disclosure. If
you are not a named recipient, you have received this in error and any review, distribution or copying of this
communication is strictly prohibited. In such an event, please notify us immediately by replying to this email
and immediately delete it and all attachments.
From: Cristina Caplinger <ecaplinger@co.weld.co.us>
Date: Thursday, June 30, 2016 at 1:18 PM
To: Jamie Kostura <jamie@eh2e.com>
Cc: Robert Zecher <robert@ch2e.com>
Subject: CH2E Appeal
7
Hi Jamie,
Thank you for the appeal information that you submitted and we will take into account all the information
provided in determining the correct value for your account. However, you still have not provided the minimum
information required for a declaration of the assets; asset description, original installed cost (not estimate of
value) and year acquired for all assets located at the facility as of 1/1/2016. This includes assets that are
operating currently and assets that have been idled. Please reference §§ 39-5-108 C.R.S. (Colorado Revised
Statutes). I will need this information by the end of the day Wednesday 7/6/16 or the appeal will be denied.
Cristina
Cristina A. Caplinger
Property Appraiser
Natural Resource/Commercial Personal Property Division
Weld County Assessor's Office
(970) 353-3845 x3686
ccaplinger@co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
8
Esther Gesick
From:
Sent:
To:
Subject:
Attachments:
webmaster@co.weld.co.us
us
Thursday, July 14, 2016 1:12 PM
CTB-County Board of Equalization
Board of Equalization Appeal Submitted
160714 - CH2E Colorado, LLC - Appeal to Weld County Board of Equalization.pdf; 160629 -
CN2E PROTEST OF WC PROPERTY ASSESSMENT VALUATIONx.pdf
Appeal Submitted: 01:1 1 PM on Thursday July 14, 2016
Contact Information Supplied:
• Contact Name: Jamie Kostura
• Contact Email: jamie@ch2e.com
• Contact Phone: (610) 762 - 9065
Property:
P0011259 - 12311 41 CR , HUDSON
Legal: PT S2N2SE4 32-3-65 LOT B RF,C EXEMPT RE -1367
Estimated Value: $ 117,644
Reason: previously submitted original installed cost
Documents
1.) 160714 - CH2E Colorado, LLC - Appeal to Weld County Board of Equalization.pdf
2.) 160629 - CH2E PROTEST OF WC PROPERTY ASSESSMENT VALUATIONx.pdf
2016-2262
1
NOTICE OF DETERMINATION
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 80631
Date of Notice: 07/10/2016
Telephone: (970) 353-3845
Fax: (970) 304-6433
Office Hours: 8:00AM — 5:00PM
ACCOUNT NO.
TAX YEAR
TAX AREA
LEGAL DESCRIPTION/ PHYSICAL LOCATION
P0011259
2016
0113
PT S2N2SE4 32-3-65 LOT B REC EXEMPT RE -1
367
12311 41 CR
HUDSON , CO
CH2E COLORADO LLC
PROPERTY OWNER
CH2E COLORADO LLC
12311 COUNTY ROAD 41
HUDSON, CO 80642-9615
PROPERTY CLASSIFICATION
ASSESSOR'S
VALUATION
ACTUAL VALUE PRIOR TO
REVIEW
ACTUAL VALUE AFTER
REVIEW
PERSONAL PROPERTY
2,275,200
30,000,000
TOTAL
$30,000,000
$2,275,200
The Assessor has carefully studied all available information, giving particular attention to the
specifics included on your protest. The Assessor's determination of value after review is based on
the following:
PPO9 - Your personal property valuation has been adjusted based on additional information which
you furnished our office.
If you disagree with the Assessor's decision, you have the right to appeal to the County
Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S.
The deadline for filing personal property appeals is July 20.
The Assessor establishes property values. The local taxing authorities (county, school district, city,
fire protection, and other special districts) set mill levies. The mill levy requested by each taxing
authority is based on a projected budget and the property tax revenue required to adequately fund
the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall.
If you are concerned about mill levies, we recommend that you attend these budget hearings.
Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities.
Please refer to the reverse side of this notice for additional information.
Agent (If Applicable):
15-DPT-AR
ARL VOL 2
1-84 Rev U1-16
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
August 1" through August 5th at 1150 O Street.
To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown
below, and mail, file online, or deliver a copy of both sides of this form to:
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greeley, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: http://www.co.weld.co.us/apps/cboe/
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postmarked or delivered on or before July 20 for personal property - after such date, your right to
appeal is lost. You may be required to prove that you filed a timely appeal; therefore. we
recommend that all correspondence be mailed with proof of mailing.
You will be notified of the date and time scheduled for your hearing. The County Board of
Equalization must mail a written decision to you within five business days following the date of the
decision. The County Board of Equalization must conclude hearings and render decisions by
August 5, § 39-8-107(2), C.R.S, If you do not receive a decision from the County Board of
Equalization and you wish to continue your appeal, you must file an appeal with the Board of
Assessment Appeals by September 10, § 39-2-125(1)(e), C.R.S.
If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your
appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of
the following:
Board of Assessment Appe le
1313 Sherman Street, Room 315
Denver, CO 80203
(303) 866-5880
www.dola.colorado.govlbaa
Binding Arbitration
For a list of arbitrators, contact the County Commissioners at the address listed for the County Board
of Equalization.
If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document
falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed
on the next business day, § 39-1-120(3), C.R.S.
District Court
Contact the District Court in the County
where the property is located, See your
local telephone book for the address and
telephone number.
PETITION TO COUNTY BOARD OF EQUALIZATION
What is your estimate of the property's value as of June 30, 2014? (Your opinion of value in terms of a
specific doll mount is required for real property pursuant to § 39-8-106(1.5), C.R.S.)
What the basis for your estimate of value or your reason for requesting a review? (Please attach
additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original
installed cost, appraisal, etc.)
sit nrqedreeis r 11.l4(N f'srye cos -
ATTESTATION
I, the undersigned ow er or agent' of the property identified above, affirm that the statements contained herein
any att.chme s hereto are true and complete,
ature
Telephone Number Date
tie le- C.��- 2.t • Car--
Email Address
' Attach letter of authorization signed by property owner
15-DPT-AR
ARL VQ1, 2
1-04 Rev 01-16
gCH2E
;.?•
Schedule Number
P0011259
Tax Year
2016
Tax Area
0118
Physical Location of Personal
Property
12311 CR 41, Hudson, CO 80642
Property Owner
C1 -12E Colorado, LLC
Hudson Tireville, LLC
12311 County Road 41, Hudson, CO 80642-9615
PT S2N2SE4 32-3-65 lot B Rec Exempt RE -I 367
Prior year value
41,646
Current year value _
To be determined; in dispute
Date: July 6, 2016
Re: Email Reply — Updated Valuation
Dear Cristina:
Please accept this letter and updated asset
schedule and property valuation in
accordance with your email reply to the
original submittal by Cl-12E.
We thank you for your kind consideration
in this flutter.
Kind Regards,
Robert Zecher, CFO
CH2E Colorado, LLC
Message,
000te
C 12= Appeal Weld (runty propery lax asse$snlent
9eoty itegcy Arl Fonvain
t� CH2E Appeal
j4 Move
Cristina Caplinger
Thursday, Jure 30, 2018 at 1.18 PM
Jamie Kostura
r Robcn Zccher
You forwarded this message on 6/30f 16, 2 03 PM,
SA You replied to this message on 711)16, 8 58 PM.
Hi Jamie,
Rul •
Ark •
e
Unitas) Categorize fosoa UP
Show rorwara
Show Reply
Thank you for the appeal information that you submitted and we will take into account all the
information provided in determining the correct value for your account. However, you still have not
provided the minimum information required for a declaration or the assets; asset description, original
installed cost (not estimate of value) and year acquired for all assets located at the facility as of
1/1/2016,. This includes assets that are operating currently and assets that have been idled. Please
reference §* 39-5.108 CAS. S. (Colorado Revised Statutes), I will need this information by the
end of the day Wednesday 7/6/16 or the appeal will be denied,
Cristina
Cristina A Caplinger
Property Appraiser
Natural Resource/Commercial Personal Property Division
Weld County Assessor's Office
(9741353.3845 x3686
ctapiinge co,weld,co.to
JAM •
at: . *+
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.
CH2E
rac'' i-JIar dr':'J i.
Hudson ' E VIII9 Ooi! t cn-; Company
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O- 2f: Colorado, ILC
'tud3Qn Tyteuillee Operdtion5 Connoany, 111 1 1 Wec,1 Cntjn y Road I I. Hudson. CO 8')64.2
(303) '1.36 -4136 ' ,n{ogick12a.ct m
Schedule Number
P0011259
Tax Year
2016
Tax Area
0118
Physical Location of
Personal Property
12311 CR 41, Hudson, CO 80642
Property Owner
CH2E Colorado, LLC
Hudson 'l'ireville, LLC
12311 County Road 41, Hudson, CO 80642-9615
PT S2N2SE4 32-3-65 Lot B Rec Exempt RE -1 367
Prior year value
41,646
Current year value
To be determined; in dispute
Date: June 29, 2016
Re: Property Valuation Protest Request
To Whom It May Concern:
Please accept this letter and the attachments as supporting evidence for an official protest of the property
valuation of the aforementioned property.
For the reasons set forth below, CH2E Colorado, LLC requests a modified valuation to the value stated in
the attachment(s). As is clearly explained in this official protest, and the supporting documents provided
herewith, such value does not accurately represent the value of any or all of the equipment on our site.
We will demonstrate the following:
1. The basis for the Assessors impression of value was grounded in improper information;
2. The equipment that according to the Assessor gave rise to the increase in the valuation only
operated during a short period in 2014 and has not and could not have been operated since that
date;
3. CH2E has failed in its endeavors and as of January I, 2016, was 100% reliant on 3rd parties to
generate revenue; CH2E did not in 2015, has not in 2016, and will not in the foreseeable future
operate any of its own equipment (all of which was decommissioned in 2014); and
4. Provide you with a revised Personal Property Declaration.
We thank you for your kind consideration in this matter.
Kind Regards,
Robert Zecher, CEO
Jamie Digitally signed
by Jamie Kostura
CH2 t-; Colorado, LLC
Date: 2016.06.29
Kostu ra 17:15:32 -04'00'
CH2E
The Basis for the 2016 Valuation
Firstly, the basis of the $30 Million valuation was a conversation between Ms. Cristina Caplinger, a
Property Appraiser from the Weld County Assessor's Office (along with a colleague) and a clerical non-
management employee (Ruedi Arnold) of CH2E on August 21, 2015.
Mr. Ruedi Arnold is not involved in any way with the finances of the company, nor does he have any
insight or access into the company's expenditures or investments. In his entire tenure with the company,
Ruedi has never seen a single financial statement or been involved with a single commercial or
investment decision. Ruedi is an important member of the CH2E family whose primary responsibility is
to operate the weight scales on the site, which weighs tires coming into the site. His role requires him to
print our weight tickets, give them to the customers, and log such items into MS -Excel files for record
keeping. As is clear in his title with the Company, Ruedi is a "Coordinator", not Manager, not Director,
CFO, etc.
Any impression of value that he may or may not have communicated is not based on actual data or
information. We have asked Ruedi about how/why he came up with that number and he says he does not
remember providing any figure. Most persuasively, the equipment in question NEW cost a fraction of
$30,000,000. As discussed below, the equipment is very far from in "new condition".
We ask that you reconsider the $30,000,000 increase in the CH2E property valuation based on a clerical
employee's opinion of value and take the CEO's account of the proper account of value for our
equipment as set forth below.
2014 Company Shutdown
Ms. Caplinger also mentioned that Ruedi stated the CH2E waste tire pyrolysis business was operating in
20[5. Again, this is another material misunderstanding stemming from Ruedi's conversation with the
Assessor. As you will see below, that is simply not the case as our operation ceased abrupter and
permanently in October 31, 2014 when we laid off 0°/_ of our staff.
The following business activities confirm that the operations were taken offline as of October 14, 2014
and remained offline through all of Y2015:
Operational_ Shutdown
The system operated during a short period between April — October 14, 2014. This was the only period of
operation for the system that served as the Assessor's assessment of $30,000,000 of value.
Including the testing runs in April July 2014, the operation ran for a total of 1,248 hours during that
timeframe and it was completely rendered useless as a result of material failures in the design of the
equipment causing catastrophic damage to the system rendering it 100% unusable. The system cannot
operate in any intended way. We are currently in litigation with the manufacturer of which the trial
experts agree that the system is useless and has zero operational value due to material design defects.
Additionally, the waste tire shredding operation, which fed the waste tire pyrolysis operation, was also
taken offline at the same time.
We prove this to you by providing the following:
°ae°CH2E
1. Attachment t - Y2014 Operations Summary Report. As you will see there is no operation after
October 2014.
2. Attachment 2 — Comparison from United Power showing the difference in power consumption
between October 2014 & December 2014 in processing building;
a. This shows a 90E% reduction in kWH usage. Note, our usage decreased by 90% and
stayed at that limited level through 2015.
b. Our system, like any electric processing systems on site requires electricity to operate.
3. Attachment 3 — Power consumption chart from October 2014 through October 2015 in the
processing building;
a. This shows virtually no power consumption to sustain any operation;
b. This also shows there was no change in usage pattern over the 2015 year, as there was no
operation happening on site because no equipment was operational.
4. The system processed shredded tires in long tubes that used a 36 -inch screw (auger) to move the
shredded tire material through it. The walls of the tubes completely tore open and the screw bent.
beyond repair.
a. The screw was taken out of the tubes on 23-24 October 2014 and remains on the ground
on the site today.
b. This demonstrates the impossibility of operation in 2015 as the most critical piece of
equipment the screw/auger, is on the ground and completely broken.
Of these facts, the most dispositive is the power consumption. One cannot run equipment without
electrical power unless it is on a generator; of which we confirm no generator has been in use over the
entire period in question.
We ask that you reconsider the Assessor's opinion that CH2E operated in 2015.
Human Resource Shutdown
To further demonstrate the timeline of our operations, on October 31, 2014 we sadly tired substantially all
of our operations team. We terminated a total of 54 employees (90%).
We prove this to you by providing the following:
1. Attachment 4 — Payroll reports showing the before and after payroll amounts and staff headcounts
a. Layoff dates were on October 31, 2014, on February 25, 2015, and on August 12, 201.5;
b. On these attachments you can see the date and the number of employees highlighted in
yellow and circled.
2. Attachments 5 — Email planning the layoff to CH2E: Management; and
3. Separation Agreements for all employees are also available (a copy of one is included as
Attachment 6.)
As of January 1, 2016, CH2E has only 2 full time CH2E employees remaining (Arnold & Rodriguez; see
Attachment 7 — Payroll approval email),
To be clear, CH2E did not have any commercial operation, with any processing equipment in 2015.
Between October 31, 2014 and January t, 2016 we did not have the people or the equipment for any
CH2E
F1' ci ;arl in?" I:' (...)o(. -ir rlf'•, Como U".,
I4V,'i LI '..flu ilt'•i R•.irI;.!1 ,�.' i'liad i.):) iii) ) t
t! ') 3 ) i:!
operation onsite other than the receipt of tires to be tandfilled. The only operations onsite is being done by
3rd parties who generally own and operate their own equipment.
We again ask that you reconsider Assessor's opinion that CH2E operated in 2015.
As clearly stated, the primary intended business operation for CH2E was to have been waste tire
shredding and pyrolysis venture. Since neither of these business functions was operational as of January
1, 2016 (or throughout Y2015 for that matter), the only other business functions remaining on site for the
2 full time employees included:
1. Site and facilities oversight;
2. Regulatory compliance with Weld County Planning Department and the State of Colorado
Department of Public Health & Environment;
3. Meeting with potential business partners and investors; and
4. General administration of die failed business until such time CH2E decides to sell the site and
business concern or such time as a new partner invests (which in 2016 has started to progress).
Therefore as of January 1, 2016 the property valuation is limited to the assets in support of the above
business functions, including:
1. Office building and contents
2. Maintenance garage and contents
3_ Scale house and contents
4. Commercial scale to weigh in -coming waste tires into the landfill
5. Spare parts and consumables garage and contents
6. IT and telecomm assets
CH2E
Estimated Value of Property Assets, January 1,2016
kern
Estimated
value as of
l -Jan -201d mull
Office buildleg
Office 1 (small)
Office 2 (large)
Cubicles (4)
Lockers (l0)
Garage I (maintenance)
maintenance equipment and spate parts
consumable sullies
PPE do NIS equipmwnt
Seale !rouse area
Office 3 (front)
Office 4 (tear)
Commercial scale
Garage 2 (storage and spare parts)
!'T& telecomm assets
S
S
$
$
S
$
S
400
600
l ,200
800
SE front office; Ruished with desk, chair, storage
SW side office; % nailed with desk, chair, storage, conference table & chairs
furished with desk, chair, aptup, monitor, printer
employee lockers and benches
22,000 maintenance facilities, spare pans. tools, welding equipment. lath, rigging, materials, piping, sheeting
1,200 ails. Pleases. lubricants, paints, salons. rags, all eonswnobles
3,400 PPE gear, El IS equipment and manual;, uniforms, lire extinguishers, hard fats,'fety glasses, {Moses. protet:tire gear, radios
400
400
3,600
14,000
7,600
food '3 55.600
NE front office; fudshed with desk, chair, storage
NW near office; furished with desk., chair, storage
commercial gracile scale, digital read -rut, ticket printing system
tools, spare parts, hand equipment
telecomm, cabling, networking devices, computers, monitors, printers, copy machine, label printer, security cameras
ATTACHMENT 1
CHZE Colorado Tire Pyrolysis Operation • Production Summary
input
Production
Mass Balance
Properties
Yield
(2 Units)
Total
Runtime
Uptime
Feedstock
input
Rate While
Running
Capacity
While
Running
Carbon
Product Oil
Syngas•
—
Carbon
Yield
NII
Syngas
Yield
Total Yield
Syngas
Density
Oil Density
(API
Oll weld
Downtime
Days Due to
Equipment
Month
(Firs)
%
(tons)
Capacity %
(tph)
%
Black (tons)
(Gal)
(se()
(wt%)
Yield (wt%)
(wt%)
(wt%)
(MW)
Gravity)
(Gal/Ton)
Problems
Apr -14
66:11
4 6 Si.
44 16
I .C1/4
0.57
10 7%
28 95
8,933
66%
78%
143%
22 0
202
28.5
May -14
91:28
6.4%
129.30
2 9%
1:41
22.6%
61-33
14,450
-
47%
44%
-
92%
-
17,0
112
11.1
Jun -14
62:26
4.3%
80 86
I. 8%
t 30
_20.8%
39 37
10,730
49%
53%
-
102'%
15 0
133
44.0
Jul -14
71;50
50%
76.85
1.7%
1.07
17.1%
26.33
8,809
•
34%
46%
-
80%
-
15.0
115
58.9
Aug -14
149:27
10,2%
14108
3 1%
0 94
15 0%
46 55
15,582
33%
45%
78%
14 0
110
54 3
Sep 14
452:45
31 4%
403.39
9.035
0.89
14.2%
147,45
39,431
201.399
37%
40%
•
77%
12.0
98
24.1
Oct -14"
354;02
43 B4
334.93
13.1%
0 95
15.2%
121.11
29,389
2,113,309
36%
37%
15%
88%
18.0
10.0
88
10 8
rotais
1248;10
15 . ;:
121057
4t ,,,
1.03
16.5%
4)1 10
127,324
2,314,708
39%
v
42%
'15%
96%
18.0
15.0
105
231 7
-
_—_
yngas meters piacrd In service on Sept 28t
Total Runtime. hi
I_aoucity /?
a:n
:Y5
Uotime'%
Downtime: Days
.y- 74
: At 1-i
r, .4. •
L� h
on 4 .'7., t.•
ATTACHMENT 2
1NITEDPOwrn
YLNi r'lin rclt stone Energy'(ntlperatrvc Or A.
on O:jl I Nome Ht72Ip
Pay Now*
Report An 4tdaga
Horne Billing & Payments -
My Profile •
My Usage - Notifications - Contact Ua
Have a Question? Get Help. s
My Usage
Usage Explorer
Average Usage
Usage Cemparisvn
Usage (kitorvitt-hours)
70k
L0k
01
Oct 2914 B
ig1jiIihIh1rrn.1
Blllln, Periods
8115ng Days -
Days In Period:
Total Usage Charge:
Total Monthly Charges:
Total Usage:
Averct{pe Daily Usage:
Max Temperature:
Min Temperature:
Avg Temperature:
Dot 2014
100el
3
C
1
SO nb
n
0
017312014 to 10/2312014
30
$9,864.45
$19,711 14
167,640.00
5.588 00
89.7
33°F
58°F
Select an Account/Service Location to Vicew:
17455700 - 12311 COUNTY ROAD 41 1 TIRE RECYCLING PLANT -
lOvc 2074
Re mince
iser.a imin a .„—!Ran sae- am
11)2117014 to 12/2312014
32
$1,1.3{.84
$2,465 52
19,665.00
615.16
70°F
14°F
38°F
100.4
3
m
IY
C
50.74
ila
a
0
O 2
O -$6,52961
0 -317 22562
O -147.955
• -4.972 844
-19rF
-19'7
-20`F
ATTACHMENT 3
SlITED3nowEnZ
ITAlltet AA O4006
hone way aP*n.aed . W PS . W Wags • $oVatlay • Corded U.
liewercuseloat 0.4 ,1440
ivly UMg.
Usap. Esplar
Annoy. U5eg0
Waco C.amaw son
'Vino Usage Far
152248
lls:yr 6(.1owatt-aaUrs)
•i4
High Rsa1e:
Law ihya
Amiga Ues9a:
Total Usage
Show arh 8y:
.
Monthly Billed Usage
VIM thaw Type:
kWh
Wow Tarim:taunt
r Averago
LOW
Osage for October, 2014 - October, 2015
l-�
371:1?
16/.E40
6 31G
26.083 R5
359,1190
liiGnq Part chi
3efoct on Amoun4$elw.a tO1a s bite'
J1455700 • ?2371 COUNTh% ROAD 41 TIRE RE -
>>
60 2
so
i
all 3
&yore?: I u-'cr.tsr >,
thigh T onnr'an:
Trws iHRrnriLlU
S2'F
9t. F
.lY F
ACHMENT 4
4040401-9) Payrolls by Paychex, Inc.
0083 A631.1062 CH2E Colorado LLC
PAYROLL JOURNAL
EMPLOYEE NAME
ID
HOURS. EARNINGS, REIMBURSEMENTS £ OTHER PAYMENTS
DESCRIPTION RATE
HOURS
EARNINGS REIM O 4 OTHER
PAYMENTS
WET11HOLOIHOS
DEDUCTIONS
NET PAY
ALLOCATIONS
* * * * 100 PAYROLL (tort)
Votner, Andy I_ Hourly
53 Hourly
Hourly
Hourly
Overtime
Overtime
Overtime
Vosburg, Scott J
39
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Hourly
Overtime
Overtime
Overtime
Overtime
Overtime
COMPANY TOTALS
53 Person(s)
53 Transaction(s)
Hourly
PTO
Salary
Overtime
Vacation
COM
(IC) = IndependentContractor
0083 A031-1083 CH2E Colorado LLC
Run Date 10/15/14 03:58 PM Period Sta- End Dale 09128/14-10/11/14
CAeci[ Oatn10117/14
Payroll Journal
Page 14 or 14
PYRJRr4
-
ATTACHMENT 4 (CONT.)
0083 A831.1062 CH2E Colorado LLC
EMPLOYEE NAME
ID
COMPANY TOTALS
15 Persons)
15 Transaction(s)
HOURS EARNINGS, REIMBURSEMENTS & OTHER PAYMENTS
DESCRIPTION RATE
Hourly
Salary
Overtime
COMPANY TOTAL
(1C) = Independent Contractor
HOURS
EARNINGS
REIMS & OTHER.
PAYMENTS
PAYROLL JOURNAL
WITHHOLDINGS
0083 A831.1062 CH2E Colorado LLC
Run Date W12/14 55:07 PM Period Stall - End Date 10/26/14- 11/08114
Cheats Date 11114/14
DEDUCTIONS NET PAY
ALLOCATIONS
E
PeyroN Journal
Page 5 o15
PYRJRN
fir EMPLOYEE NAME
SD
4oaa, Ir iTTAC
ENT 4 (CONNyrolls by Paychex. Inc.
0083 A831•1O82 CH2E Colorado11C
C
PAYROLL JOURNAL
C
r``""' 100 PAYROLL (eon
Vigil, Shannon ft (cant.)
73
HOURS, EARNINGS, REIMBURSEMENTS 3 OTHER PAYMENTS
t.)
DESCRIPTION RATE
EMPL
HOURS
EARNINGS
REIMS a OTHER
PAYMENTS
WITHHOLDINGS I DEDUCTIONS
COMPANY TOTALS
13 Perscin(s)
15 Transaction(s)
Hourly
PTO
Salary
Overtime
Holiday
COMPA$J
(IC) = Independent Contractor
NET PAY
ALLOCATIONS
0083 A831-1082 CH2E Colorado LLC
Run Dale 02/04/15 10:22AM Period Slott -End Date 01/18115-02102/15
Check tats 02/06115
Payroll Journal
Page 3 of 3
PYRJRN
ATTAPHMENT 4 (aNT.)
40004 (R.9) Payrolls by Paychex, Inc
0083 A031-1062 CH2E Colorado LLC
I
PAYROLL JOURNAL
EMPLOYEE NAME
ID
"el 100 PAYROLL
Fonda, Alberl Mark
26
Hoppa, Cynthia C
59
HOURS, EARNINGS, REIMBURSEMENTS & OTHER PAYMENTS
HOURS
DESCRFPTION RATE
Salary
EMPLOYEE TOTAL
Salary '[
EMPLOYEE TOTAL
Rodriguez, Many E
17
Salary
EMPLOYEE 'MOM
COMPANY TOTALS
3 Personfs)
3 Transaction(s)
Salary
COMPANY TOTAL
(IC)= Independent Contractor
EARNINGS
REIMS & OTHER
PAYMENTS
WITHHOLDINGS
DEDUCTIONS
NET PAY
ALLOCATIONS
0B3 AB31-108? CH2E ColoradoLIG
Run Dale U3104/15 09:19AM Period Start - End Date 02/15115 - [12/28/15
Check Dale 03/08113
Payroll Journal
Page 1 of 1
PYRJRN
• ATTACHMtNT 4 (CONT.)
:,r,' ,y `• Payrolls byPaychek, Inc
0083 A831-1002 CH2E Colorado LLC
C
PAYROLL JOURNAL
EMPLOYEE NAME
ID
100 PAYROLL
Arnold, Rudolf
79
Rodriguez, Marty E
17
COMPANY TOTALS
2 Person(s)
2 Transactlorr(s)
(tC )= Independent Contractor
HOURS, EARNINGS, REIMBURSEMENTS i OTHER PAYMENTS
DESCRIPTION RATE
Salary
Salary
EMPLOYEE IOTA
EMPLOYEE TOT
Salary
COMPANY TOTAL
t
t
0883 A031-1082 CH2E Colorado LLC
Run Date 08/27/15 02:16 PM
HOURS
EARNINGS REIMS & OTHER
PAYMENTS
WITHHOLDINGS
Period Start - End Dale (Jail8115 - 08131/15
Check pale
08131115
DEDUCTIONS
NET PAY
ALLOCATIONS
Payroll Journal
Page 1 e1 I
PYRJRN
ATTACHMENT 5
Monday, June 27, 2016 at 2:21:35 PM Eastern Daylight Time
Subject: Fwd: Employee Notifications
Date: Monday, June 27, 2016 at 2:15:32 PM Eastern Daylight Time
From: Robert Zecher
To: Jamie Kostura
Begin forwarded message:
From: Mark Fonda <mfond thch2e.com>
Subject: Employee Notifications
Date: October 30, 2014 at 7:16:51 PM EDT
To: Jamie Kostura <jamie(ch2e.corn>, Robert Zecher <robert@ch2e.com>
Cc: Keith Fenley <kfenleych2e.com>, Scott Tipton <stipton@ch2e.com>, "Ruedi Arnold"
cruedi@ch2e.com>, Cindy Hoppe <choppe@ch2e.com>
We have notified all Hudson CH2E employees and contractors of the following:
Announcement for 4pm today (verbal only)
Tonight's night shift (Thursday) is canceled_
Day shift personnel should leave for the rest of today (Thursday).
Pay will be made for the hours scheduled.
All CH2E employees are required to come in for an informational meeting tomorrow (Friday)
morning.
There will be two meetings, 9:00am and 11:00am.
People must attend the meeting assigned; do not come in early.
Contractors will be informed through their employers.
Everyone has left the plant except for Keith, Scott, Ruedi, Brian, Jamie and I.
There were no incidents or unusual reactions to the announcement.
Just many questions which we put off until the meetings tomorrow.
Mark
Mark Fonda I Plant Manager
m 419-908-959O
o 303-536-4136
f 3O3-536-4723
e mfonda a@ch2e.com
w www.ch2e.com
a 12311 Weld County Road 41, Hudson, CO 80642
Page 1 of 1
ATTACHMENT 6
SEPARATION AGREEMENT AND GENERAL RELEASE
This Separation Agreement and General Release (this "Agreement") is by and between
kirianfolccoPrb an individual residing at 14 (s! i Faith A Sky kit & P( Pe
("Employee"), and CH2E Colorado LLC, with an address at 12311 Weld County Road 41, Hudson, CO
80642 (the "Company").
1. Employment. Employee's employment by and with the Company has been terminated as of October
31, 2014 ("Separation Date").
2. Time to Consider. Employee has had a period of fourteen (14) days during which to consider
whether to enter into this Agreement. Employee may sign this Agreement at any time prior to the
expiration of the 14 -day review period.
3_ Receipt of Consideration. Provided Employee has signed this Agreement and returned it to the
Company within fourteen (14) days of having received it from the Company (such date this Agreement is
returned signed to the Company, the "Effective Date"), the Company shall pay to the Employee a
payment in the amount of IllWeless all applicable tax withholdings and other deductions (the
"Severance Payment"), payable on or before the regular paydate of the Company immediately following
the Effective Date. Employee has received all compensation and other benefits and payments due to
Employee for services performed for the Company. The Severance Payment represents more than
Employee would otherwise have been entitled to receive had Employee not entered into this Agreement.
4. General Release. In consideration of and as a material inducement for the Severance Payment,
Employee, to the fullest extent permitted by law, forever waives, releases and discharges the Company and
any and all of its parents, subsidiaries, successors, assigns and other affiliates and each of their respective
partners, members, shareholders, owners, employees, directors, officers, managers, contractors, clients and
agents (the "Releasees"), from any and all claims, demands, causes of action, fees, damages, liabilities,
expenses, obligations, promises or agreements of any nature, known or unknown to Employee, that
Employee may have, ever has had or hereafter may have, from the beginning of the world to the date
Employee executes this Agreement, including, but not limited to, claims based on or arising out of the
employment of Employee by the Company or the termination of that employment, claims that any Releasee
has dealt with Employee unfairly or in bad faith, all claims or causes of action that Employee may have with
respect to breach of contract, implied or express; impairment of economic opportunity; intentional or
negligent infliction of emotional distress; false arrest; assault; battery; false imprisonment; prima facie tort;
defamation; libel; slander; negligent termination; malicious prosecution; wrongful discharge; unpaid wages;
or any other tort, whether intentional or negligent; or any claim or cause of action known or unknown under
Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Equal Pay Act; the Age
Discrimination in Employment Act; the Older Workers' Benefit Protection Act; the Genetic Information
Nondiscrimination Act; the Fair Labor Standards Act; the National Labor Relations Act; the Worker
Adjustment Retraining and Notification Act; the Employment Retirement Income Security Act ("ERISA");
the Fair Credit Reporting Act; the Family and Medical Leave Act; the Civil Rights Acts of 1866 and 1871;
the Colorado Anti -Discrimination Act; the Colorado Minimum Wage Order; the Colorado Labor Relations
Act; the Colorado Labor Peace Act; the Americans With Disabilities Act; the US. Constitution; and the
Colorado Constitution, all as amended and any other applicable federal, state or local statute or ordinance.
ATTACHMENT 6 (CANT.)
This Agreement covers claims of which Employee currently may or may not have knowledge. The
general release of claims excludes any claims made under state workers' compensation or
unemployment laws, claims under ERISA for accrued and vested benefits under an employee benefit
plan of the Company in accordance with the terms of such plan, and/or any claims which cannot be
waived by law. This waiver, release and promise not to sue is binding on Employee and Employee's
heirs, legal representatives and assigns.
5. No Lawsuits or Charges Filed. Employee represents that neither Employee nor any other person on
Employee's behalf, directly or indirectly: (i) has filed any complaint, charge or lawsuit against the
Releasees with any governmental agency, commission, court or any other forum and/or (ii) has assigned
or transferred, in whole or in part, to any person or entity any claim which Employee had or has against
any Releasee. Employee hereby waives any and all compensation, monetary relief or any other individual
remedy related to the filing of a charge or participation with the United States Equal Employment
Opportunity Commission or other federal, state or local law enforcement or administrative agency.
6_ Non -Admission; No Violation. This Agreement shall not in any way be construed as an admission by the
Releasees of any liability or any wrongful or discriminatory act. Employee is not aware of any conduct by
the Company or any of its affiliates that might violate federal, state or local laws, rules or regulations of
which Employee is aware_
7. Non --Disparagement and Non -Interference. Employee shall not say or write any statement that may be
considered defamatory, derogatory or disparaging with respect to the Company or any of the other
Releasees. Employee shall not at interfere with the relationship between the Company and any of its clients,
vendors, contractors, employees or applicants.
8_ Non -Disclosure. Employee agrees not to disclose, except as required by law, the existence of this
Agreement or the circumstances surrounding it, its terms, conditions or negotiation, including, but not
limited to, the dollar amounts set forth herein to anyone, other than Employee's immediate family,
accountant or attorney. Employee shall not at any time, directly or indirectly, use, publish, disclose,
appropriate or communicate any confidential information or trade secrets of the Company which Employee
acquired during or by reason of Employee's employment with the Company.
9_ Return of Company Property. Employee has returned or shall immediately return to the Company all
property belonging to the Company and all copies of such property in Employee's possession or under
Employee's control, including, but not limited to, all keys, ID cards, software, files and any other proprietary
or confidential information of the Company.
10. No Injury_ Employee has no known workplace injuries or occupational diseases of which Employee is
aware. Employee acknowledges and agrees that Employee has not suffered any on-the-job injury for
which Employee has not already filed a claim. Employee agrees that Employee has been granted any
leave to which Employee was entitled under the Family and Medical Leave Act or other federal, state or
local leave or disability accommodation laws.
11. Remedies. If Employee makes any misrepresentation in this Agreement or breaches this Agreement,
the Company's obligation to make the Severance Payment shall terminate and Employee will be
required to give back to the Company, at the Company's sole discretion, the full amount of the
Severance Payment paid to the Employee and shall pay any and all costs and expenses of the Releasees
[1005002-2]
ATTACHMENT 6 (CONT.)
(including reasonable attorneys' fees) in defending against any charges, claims or actions brought by
Employee or on Employee's behalf. The remedies described in this Section are in addition to any and all
other remedies available to the Company and the other Releasees at law, in equity or otherwise.
12. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, the remainder of the Agreement shall remain in full force and effect. The court may reduce the
breadth of an invalid provision to the extent necessary to render it enforceable and, in its reduced form,
such provision shall then be enforced.
13. Entire Agreement: Amendment. Subject to any continuing obligations contained in the Company's
Employee Handbook, which shall survive, this Agreement constitutes the entire understanding and
agreement between the parties and supersedes and cancels all previous agreements and commitments,
whether oral or written, in connection with the matters described herein. In executing this Agreement,
Employee is not relying, and has not relied, upon any oral or written representations or statements not set
forth or referred to herein.
14. Enforcement. This Agreement shall be construed and enforced in accordance with, and governed by, the
laws of the State of Colorado without reference to conflict of law principles.
15. Interpretation. This Agreement shall be construed without regard to any presumption or other rule
requiring construction against the party causing this Agreement to have been drafted.
16. Cooperation. Employee agrees that Employee will, at the sole cost and expense of the Releasees,
cooperate with the Releasees in the defense and/or prosecution of any and all litigation and
governmental proceedings either against and/or by the Releasees with, respect to matters arising when
Employee was an employee of the Company.
17. Employee Acknowled • ement..I, meta , have carefully read and considered this
Agreement; I have been advised and given the opportunity to review this Agreement with legal or
other advisors of my choice; I understand that by signing this Agreement I RELEASE legal claims
and WAIVE certain rights; and I freely and voluntarily consent to all terms of this Agreement
with full understanding of what they mean.
IN WITNESS WHEREOF, the parties below have executed this Separation Agreement and
General Release.
CH2E COLORADO
BY:�
i
e: Jamie
Title: Chief Operating Officer
atheth
{EMPLOYEE PRINT & SIGN NAME)
?Al- at; id(
Date Signed: /W C
[1005002-2]
3
ATTACHMENT 7 Monday, June 27, 2016 at 3:16:52 PM Eastern Daylight -rime
Subject: Payroll A831-1062 CH2E Coloroado
Date: Wednesday, January 13, 2016 at 10:38:57 AM Eastern Standard Time
From: Serrata, Erika
To: Jamie Kostura
CC: kelli@fultonmgmt.com
Good Morning Jamie,
Just wondering if payroll is okay to process for a check date of 01/15 (Friday)
*Rudolf for
*Marty for
Thank you and have a great day!
Erika Serrata
PAYCHE)C`
Senior Payroll Specialist
2901 North Ventura Rd, Suite 200
Oxnard, CA 93036
Ph: (805) 650-0611 ext. 57646
Fx: (855) 425-9677
eserrata@paychex.com
***We want your experience with Paychex to be meaningful for you and your business, so occasionally
we may send an email survey. We'd appreciate any feedback you're willing to share to help us fine-tune our
service delivery and our products. Thank you in advance for letting us know how we can best meet your
expectations. *'k'k
**Please send your 2015 State unemployment insurance tax rate notice(s) so we may update your
account.**
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