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Home My WebLink About20163806.tiffEXHIBIT INVENTORY CONTROL SHEET Case PCSC16-0004 - HEARTLAND BIOGAS, LLC Exhibit Submitted By A. Planning Services B. Jessica McKeown Description PowerPoint Presentation Email of Opposition, dated 9/16/2016 C. Applicant PowerPoint Presentation Weld County Citizens for D. Clean Air PowerPoint Presentation E. Ken and Kathy Hoyland Email of Opposition, dated 9/20/2016 F. SPO Vicinity Ownership Map G. Ken and Kathy Hoyland Email re: Odor w info hyperlinks, dated10/17/2016 H. James Welch Email re: Odor, dated 10/17/2016 I. Amy Buckridge Email re: Odor, dated 11/3/2016 J. Patricia O'Connell Email re: Odor, dated 10/27/2016 K. Ken and Kathy Hoyland Email re: Odor, dated 11/5/2016 L. Todd Amen Email re: Odor, light, traffic, dated 11/8/2016 M. Chris Gathman Updated PowerPoint Presentation N. James Welch Email re: Odor, dated 9/20/2016 O. Deb Morris Email re: Odor, dated 9/21/2016 P. Miranda Arens Email re: Odor, dated 11/14/2016 Q. Chris Bennett Email re: Odor, dated 11/14/2016 Russ Justice & Julie R. Reynolds Email re: Odor, dated 11/14/2016 S. Tim & Jackie Nelson Email re: Odor, dated 11/14/2016 T. Patricia O'Connell Email re: Odor, dated 11/14/2016 U. Sharon Welch PowerPoint Presentation V. James Welch PowerPoint Presentation W. Applicant PowerPoint Presentation X. James Welch Binder of Documentation 11/14/2016 Y. Rena Arens Z. James Welch AA. James Welch Email Odor Report 11/16/2016 Email Request 11/16/2016 Email 11/16/2016 AB. Chris Bennett AC. Rena Arens AD. Miranda Arens AE. Chris Bennett AF. Kathy Hoyland AG. Rena Arens AH. Kathy Hoyland Al. James Welch AJ. Kathy Hoyland Email Odor Report 11/16/2016 Email Odor Report 11/17/2016 Email Odor Report 11/27/2016 Email Odor Report 11/27/2016 Email Odor Report 11/27/2016 Email Odor Report 11/27/2016 Email and Photos Substrate Tank Overflow 11/28/2016 Email and Photos Substrate Tank Overflow 11/28/2016 Email Odor Report 11/28/2016 AK. Ken and Kathy Hoyland Email Odor Report 11/28/2016 AL. Kathy Hoyland Email Odor Report 11/21/2016 AM. Ken and Kathy Hoyland Email Odor Report 11/29/2016 AN. Miranda Arens Email Odor Report 11/30/2016 AO. Rena Arens Email Odor Report 11/30/2016 AP. Rena Arens Email Odor Report 12/1/2016 AQ. Ken and Kathy Hoyland Email Odor Report 12/2/2016 AR. Rena Arens Email Odor Report 12/5/2016 AS. Ken and Kathy Hoyland Email Odor Report 12/5/2016 AT. James Welch Email Report 12/7/2016 AU. James Welch Email Report 12/7/2016 Email re: DS #6 12/11/2016; State Compliance Advisory AV. James Welch and Staff response AW. Coan, Payton and Payne Notification of Court Reporter Services, 12/12/2016 AX. Linda and Doug Ratzlaff Email of Opposition, 12/13/2016 AY. Ken and Kathy Hoyland Email of Rebuttal of Applicant letter, 12/15/2016 AZ. Health Dept. Staff BA. Holland and Hart City of Fort Collins EH BB. Dept. BC. James Welch Certification of sign posting and site inspection photos BD. Planning Services staff 12/16/16 Second Semiannual Inspection letter, 12/12/2016 Request to Modify CD and Exhibits A -N, 12/16/2016 Letter from Mayor in Support, 12/16/2016 Email of Final Summary of Violations, 12/16/2016 BE. Planning Services staff PowerPoint Presentation, 12/16/2016 BF. Ken and Kathy Hoyland Email re: CO Public Radio Interview, 12/18/2016 BG. Debra Morris Amy Randall, CO Assoc. BH. for Recycling Bl. Dave Kisker BJ. Heartland Biogas Heartland Biogas - EDF BK. Renewable Energy Bill Garcia - Coan, Payton BL. & Payne, LLC George lwaszek - Trinity BM. Consultants Shari Beth Libicki - BN. Ramboll Environ Tom Haren - PowerPoint Presentation, 12/19/2016 BO. AGPROfessionals (including flash drive with digital copy) Email re: report of odor and potential impact to private gathering, 12/17/2016 Email and attached Letter of Support, 12/16/2016 Email re: Action Options for BOCC consideration and recommendation of tighter odor standard, 12/16/2016 Hearing Brief with Exhibits 1-35, submitted 12/19/2016 (including flash drive with digital copy) PowerPoint Presentation, 12/19/2016 (including flash drive with digital copy) PowerPoint Presentation, 12/19/2016 (including flash drive with digital copy) PowerPoint Presentation, 12/19/2016 (including flash drive with digital copy) PowerPoint Presentation, 12/19/2016 (including flash drive with digital copy) BP. BQ. BR. BS. BT. BU. BV. BW. Esther Gesick From: Chris Gathman Sent: Friday, December 16, 2016 12:16 PM To: Esther Gesick Subject: FW: Heartland Biogas LLC Request to Modify Attachments: Request to Modify Certificate of Designation.pdf; ATT00001.htm; EXHIBITS A-N.pdf; ATT00002.htm I did not see you on copied on this one either. From: Tom Parko Jr. Sent: Friday, December 09, 2016 4:20 PM To: Frank Haug <fhaug@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Chris Gathman <cgathman@co.weld.co.us>; Ben Frissell <bfrissell-durley@co.weld.co.us>; Lauren Light <Ilight@co.weld.co.us>; Bruce Barker <bbarker@co.weld.co.us> Subject: Fwd: Heartland Biogas LLC Request to Modify Sent from my iPhone Begin forwarded message: From: "Debbie Cochran" <DCochran@hollandhart.com> To: "Bruce Barker" <bbarker@co.weld.co.us>, "Tom Parko Jr." <tparko@co.weld.co.us> Cc: "Garrison W. Kaufman" <GWKaufman@hollandhart.com> Subject: Heartland Biogas LLC Request to Modify Attached is a Request to Formally Modify the Certificate of Designation for the Heartland Biogas LLC Solid Waste Disposal Site and Facility to Reflect Heartland Biogas, LLC as the Owner/Operator of the Facility along with Exhibits A -N. If you prefer, I can send the exhibits to you as individual documents. Thank you. Debbie Cochran Legal Secretary Holland & Hart LLP 555 17th Street, Suite 3200 Denver, CO 80202 Phone (303) 295-8077 Fax (303) 295-8261 E-mail: dcochran@hollandhart.com 2016-3806 1 HoLLAND&HARL December 9, 2016 Bruce Barker, Esq. Weld County Attorney P.O. Box 758 1150 O Street Greeley, CO 80632 bbarker@co.weld.co.us Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 tparko@co.weld.co.us Garrison W. Kaufman Of Counsel Phone (303) 295-8388 Fax (303) 223-2830 GWKaufman@hollandhart.com Re: Request to Formally Modify the Certificate of Designation for the Heartland Biogas, LLC Solid Waste Disposal Site and Facility to Reflect Heartland Biogas, LLC as the Owner/Operator of the Facility Dear Mr. Barker and Mr. Parko: By this letter, Heartland Biogas, LLC, is requesting that Weld County formally modify the Certificate of Designation associated with the Solid Waste Disposal Site and Facility (including Class 1 composting) located at: part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado ("Facility"), to reflect that the owner/operator of the Facility is Heartland Biogas, LLC. Heartland Biogas, LLC further requests that this matter be set for consideration before the Board of County Commissioners of Weld County ("Board of County Commissioners") as expeditiously as practicable. The historical backdrop for this request is somewhat complex. On or about April 21, 2009, Heartland Renewable Energy, LLC submitted an application for a Certificate of Designation for the then proposed Facility to Weld County, with a copy to the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division ("CDPHE"). After a full review of the application, CDPHE recommended that the Board of County Commissioners approve the Certificate of Designation with certain conditions. Holland & Hart UP Attorneys at Law Phone (303) 295-8000 Fax (303) 295-8261 www.hollandhaataom 555 17th Street Suite 3200 Denver, CO 80202-3979 Mailing Address Post Office Box 8749 Denver, CO 80201-8749 Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, O.C. HOLLAND&HARTIL Mr. Bruce Barker Mr. Tom Parko December 9, 2016 Page 2 On August 9, 2010, the Board of County Commissioners issued a Resolution approving the Certificate of Designation. See Exhibit A. Subsequent to the initial approval of the Certificate of Designation, the Board of County Commissioners issued a Resolution approving a request to modify the original Certificate of Designation to reflect significant changes in the proposed site layout. See Exhibit B. The specifics associated with these changes are reflected in the Engineering, Design and Operations Plan, Revision 4 ("EDOP") developed in connection with the Certificate of Designation and CDPHE ongoing review process. Attached as Exhibit C. Shortly after approval of the request to modify, Heartland Renewable Energy, LLC transferred ownership of the Facility to Heartland Biogas, LLC. Heartland Biogas, LLC provided notice to Weld County of the transfer of ownership of the Facility, and expressed its understanding that the notice would be provided to the Board of County Commissioners to reflect the transfer of ownership for the purpose of the Certificate of Designation. See Exhibit D. In early November 2013, Heartland Biogas, LLC, submitted a Change Request to CDPHE, to update the EDOP to reflect, among other changes, the change in the owner/operator of the facility to Heartland Biogas, LLC. CDPHE approved this change request on December 4, 2013. See Exhibit E. On or about that same day, Heartland Biogas, LLC provided Weld County with a copy of the approved change request. See Exhibit F. Since that time Heartland Biogas, LLC worked diligently with Weld County and CDPHE in completing the myriad of planning and permitting activities associated with the construction of the Facility. Throughout this process it was understood that Heartland Biogas, LLC was the owner/operator of the Facility, including for the purposes of the Certificate of Designation and the financial assurances for the Facility. See e.g. Exhibits G, H, I, J, K, and L. Notwithstanding the fact that Weld County and CDPHE have acknowledged Heartland Biogas, LLC as the owner/operator of the Facility since late 2013, the State has recently raised concerns about Heartland Biogas, LLC's status as the owner operator of the Facility for the purposes of the Certificate of Designation. To address these concerns, Heartland Biogas, LLC is hereby specifically requesting that the Board of County Commissioners formally acknowledge Heartland Biogas, LLC as the approved owner/operator of the Facility for the purposes of the Certificate of Designation. The new ownership information is reflected in the original notice to Weld County, attached as Exhibit D. Because of the limited scope of this request, and because the vast majority of the process and analysis associated with Certificate of Designation and subsequent planning process has already been completed by Weld County and CDPHE, Heartland Biogas, LLC believes that the hearing on this request should be limited to consideration of whether Heartland Biogas, LLC is an appropriate owner/operator of the Facility in light of the requirements of the Solid Waste Act and underlying regulations. Given, its efforts in working with Weld County and CDPHE in developing and starting -up the Facility, and the County and CDPHE's tacit and express approval of Heartland Biogas, LLC as the owner/operator of the Facility for over three years, Heartland Biogas, LLC submits that this question has already been answered in the affirmative, but HOLLAND&HARL Mr. Bruce Barker Mr. Tom Parko December 9, 2016 Page 3 nevertheless requests that the Board of County Commissioners expressly acknowledge this fact. Further, based on discussions with the Weld County Attorney's Office, Heartland Biogas, LLC understands that in support of this request, it need not resubmit materials that were included with the original application and subsequent amendment. Rather, only new material associated with the issues raised by transfer of ownership of the Facility needs to be submitted. To this end, we are including with this letter the financial assurance mechanisms pertaining to Heartland Biogas, LLC. See Exhibits M and N. We are not aware of other materials that need to be submitted with this request, but if there are additional materials necessary that are needed please let me know and we will provide a supplemental submittal of those materials. Thank you very much for your attention to this matter. Sincerely, Garrison W. Kaufman Of Counsel GWK:dc Enclosures: RESOLUTION RE; APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #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, IN THE A(AGRICULTURAL) ZONE DISTRICT, INCLUDING THE CERTIFICATE OF DESIGNATION - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of July, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Shelton Land and Cattle, Ltd., 23043 County Road 42, LaSalle, Colorado 80645, and Heartland Renewable Energy, LLC, 2400 Trade Center Avenue, Suite 201, Longmont, Colorado 80503, for a Site Specific Development Plan and Use by Special Review Permit #1704 for a Solid Waste Disposal Site and Facility (including Class 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, in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Tom Haren, AGPROfessionals, 4350 State Highway 66, Longmont, Colorado 80504, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.8 of the Weld County Code as follows: a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. CC: CA. flo? S - H - ID 2010-1530 PL2072 EXHIBIT A SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 2 Section 22-2-20.A (A.Goal 1) states, "Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." Section 22-2-20.A.5 (A.Policy 1.5) states, "Support and entice agriculturally related businesses and processing facilities." Section 22-4-200.A (AW.Goal 1) states, "Human and environmental health impacts from agricultural waste should be minimized by appropriate handling, storage and processing practices." Section 22-5-140.A (AE.Goal 1) states, "Support and encourage research, development, and use of alternative energy resources." The proposed use will convert agricultural and food wastes into gas and composting material. This facility will essentially recycle existing wastes generated by existing agricultural and agricultural -related facilities in Weld County into reusable components (fuel [methane gas] and soil amendment material). b. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Sections 23-3-40.A.12, 23-3-40.B.12, and 23-3-40.1 of the Weld County Code provide for Solid Waste Disposal sites and facilities, animal waste recycling or processing facilities, and concrete batch plants in the A (Agricultural) Zone District. c. Section 23-2-230.8.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located on a parcel with six (6) existing gas wells and two tank batteries. The site is located in a rural area consisting of dryland parcels, rural residential parcels, and irrigated agricultural land to the west of the site. The two nearest residences are located approximately one -quarter mile to the west and approximately one-third mile to the east of the site. The applicant is proposing to locate the facility on the interior of the existing parcel, allowing additional distance from properties to the east and west. The proposed Conditions of Approval and Development Standards, including the submittal of a Lighting Plan, will mitigate the impacts of the use for compatibility with the surrounding land uses. d. Section 23-2-230.B.4 — The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code, and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site does not lie within the three-mile referral area of any municipality and/or county. e. Section 23-2-230.8.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Effective 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 3 August 1, 2005, building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site is classified as "Other," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC, for a Site Specific Development Plan and Use by Special Review Permit #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, in the A (Agricultural) Zone District, including the Certificate of Designation on the parcel of land described above be, and hereby is, granted subject to the following conditions: g. 1. Prior to recording the plat: A. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. The plat scale shall be amended to either 1" = 100' or 1" = 200'. B. All sheets of the plat shall be labeled USR-1704. C. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) The approved Lighting Plan. 3) The applicant shall upgrade/pave the site entrance from County Road 49 for a distance of approximately 300 feet west, or 100 feet with two back-to-back cattle guards, adequate turning radius, and Stop sign. This shall be indicated on the plat. 4) County Road 49 is classified by the County as an arterial roadway, which requires 140 feet of right-of-way at full buildout. There is presently 80 feet of right-of-way. This road is maintained by Weld County. Pursuant to the definition of setback in the Weld 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 4 County Code, the required setback is measured from the future right-of-way line. 5) The boundaries of USR-1704 shall be amended to include the access road and, at a minimum, all properties to the south of the access road within the USR-1704 boundary. D. The applicant shall address the requirements and concerns of the Weld County Department of Public Works, as stated in the referral response dated May 27, 2010. The applicant shall address the following items, prior to recording the plat: improvements Agreement and Collateral: 1) The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral. The agreement and form of collateral shall be submitted to, and reviewed by, the Departments of Planning Services and Public Works, and accepted by the Board of County Commissioners, prior to recording the Use by Special Review plat. 2) The Department of Public Works requires that a right acceleration and right deceleration lane be constructed on County Road 49 when traffic volumes meet the triggers of 25 vehicles per hour (vph) turning right into the facility, during a peak hour, and 50 vph turning right out of the facility, during the peak hour. This requirement shall be included in the Improvements Agreement. Prior to the start of construction of the auxiliary lanes, final construction drawings are required to be reviewed and accepted by the Department of Public Works. Drainage Report: 1) A Final Drainage Report, addressing all items in the preliminary and final drainage report checklists, shall be submitted. The Final Drainage Report shall be signed, stamped, and dated by a Colorado registered professional engineer. The Final Drainage Report shall address the redline comments which have been returned to the applicant's engineer. The Final Drainage Report shall incorporate the April 22, 2010, addendum to the preliminary drainage report. 2) Included with the Final Drainage Report, the applicant shall submit a letter addressed to the Weld County Engineer, requesting a variance to the Weld County Drainage Code, regarding retention ponds. The letter shall include the following: 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 5 a) A statement that the request is not precedent setting and the applicant's engineer realizes as such. b) The letter shall list all reasons for needing a variance including, but not limited to: i) Colorado Department of Public Health and Environment requirements. ii) The fact that the adjacent land is owned by the applicant and the applicant does not object to potential stormwater releases from the retention pond. iii) The current land use is agricultural and urban type development is not expected in the vicinity. iv) Any other reasons that the applicant and applicant's engineer feel are needed to justify the variance request. 3) Final Construction drawings must be submitted to the Department of Public Works, for review and acceptance. 4) The applicant shall provide evidence from the Colorado Division of Water Resources (CDWR), stating whether a substitute supply plan will be required to cover the capture and re -use of stormwater runoff into the retention pond. E, A Lighting Plan, including cut sheets of the intended lights, shall be provided to the Department of Planning Services, for review and approval. The Lighting Plan shall adhere to the lighting requirements for off-street parking spaces listed within Section 23-4-30.E of the Weld County Code, and shall adhere to the lighting requirements in accordance with Sections 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved Lighting Plan shall be delineated on the plat. F. The applicant shall either submit a copy of an agreement with the property's mineral owners/operators, stipulating that oil and gas activities have been adequately incorporated into the design of the site, or, provide evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners/operators. Drill envelopes may be delineated on the plat, in accordance with state requirements, as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. G. The applicant shall address the requirements of the Colorado Division of Water Resources (CDWR), as stated in the referral received May 3, 2010. Written evidence of such shall be provided to the Department of Planning Services. 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 6 H. The Conditions within the recommendation of approval letter from the Colorado Department of Public Health and Environment (CDPHE), dated April 7, 2010, shall be addressed. Prior to construction, Heartland Renewable Energy shall submit a Construction Quality Assurance and Quality Control Plan ("CQA/QC Plan"), technical specifications, and construction drawings, to the Weld County Department of Public Health and Environment, and the CDPHE, Hazardous Materials and Waste Management Division. The documents shall be submitted at least sixty (80) calendar days prior to commencement of construction. J. The facility shall demonstrate that an Air Pollutant Emission Notice (A.P.E.N.) has been filed for all emissions points, including the filing of an A.P.E.N. as an odorous source, and that it has obtained all required Construction Permits from the CDPHE, Air Pollution Control Division, as required by Colorado Air Quality Control Commission Regulation Number 3. Evidence of such shall be submitted, in writing, to the Weld County Department of Public Health and Environment. A fugitive particulate emissions control plan (Dust Control Plan) shall be submitted to, and approved by, the Weld County Department of Public Health and Environment. L. The applicant shall submit a deed encompassing the boundaries of the entire USR Permit, including the proposed access road (off of County Road 49) and all property to the south of the boundaries of the access road. M. The applicant shall submit three (3) paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred eighty (180) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 7 (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 4. Prior to the Release of Building Permits/Grading Permits: A. All building plans shall be submitted to the LaSalle Fire Department, for review and approval, prior to issuance of building permits. B. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. The applicant shall include a Code Analysis Data sheet from the Weld County Department of Building Inspection, for each structure which requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado licensed architect or engineer. C. The applicant shall be required to obtain a grading permit. The grading permit application shall include the Erosion and Sediment Control Plan, proposed grading plan, typical installation details of all Best Management Practices (BMPs) to be utilized, installation, and maintenance notes for all BMPs to be utilized. Please note that early grading permits will not be issued until collateral is posted and the plat has been recorded. In the event that one (1) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a Construction Stormwater Discharge Permit from the CDPHE, Water Quality Control Division. Evidence of CDPHE approval shall be included with the grading permit application. E. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) permit from the CDPHE, Water Quality Control Division, to cover the stormwater discharges from construction sites (5 CCR-1002- 61). Alternately, the applicant may provide evidence from the CDPHE that they are not subject to CDPHE's requirements. 5. Prior to Start of Construction. A. Final Construction Drawings for on -site and off -site road/access improvements, grading improvements, and drainage improvements shall be reviewed and approved by the Department of Public Works. 6. Prior to Certificate of Occupancy: A. Following construction, Heartland Renewable Energy shall submit to Weld County and the CDPHE, Hazardous Materials and Waste Management Division, far review and approval, a construction certification 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 8 report, which includes construction record drawings, deviations from the approved plan, and results of all testing and documentation requirements set forth in the CQA/QC Plan. The construction certification report shall be submitted at least sixty (60) days prior to acceptance of feedstock. 7. Prior to Operation: A. Entrance Improvements: 1) The applicant shall upgrade/pave the site entrance from County Road 49, for a distance of approximately 300 feet west or 100 feet with two back-to-back cattle guards, adequate turning radius, and Stop sign. The depth of the asphalt and base are to be determined by a geotechnical report to be provided with the final construction drawings which shall be reviewed and accepted by the Department of Public Works prior to the start of construction activities. 2) The remaining on -site gravel surface west of the entrance pavement shall be an all-weather surface. The all-weather surface shall be recycled asphalt, or the equivalent, and shall provide adequate traffic and dust control throughout the facility. The access road section shall be built to accommodate heavy hauling trucks, fire and emergency response vehicles, and shall accommodate two-way traffic. B. Traffic Study: 1) The applicant shall install 60 -foot radius curves at the site access to accommodate large trucks turning at the site entrance. The 60 -foot radius curves shall be shown on the final construction drawings which will be reviewed and accepted by the Department of Public Works, prior to the start of construction activities. 2) The Department of Public Works requires the construction of a left acceleration lane and left deceleration lane to mitigate: i) Public safety - The 85th percentile of traffic on County Road 49 travels at a speed of 71 miles per hour and there have been five (5) accidents within the past three (3) years, with one (1) injury. The heavy trucks in use at this facility will require longer acceleration and deceleration times and lengths as compared to passenger vehicles. ii) For consistency - Similar projects in the County have had the requirement for acceleration and decelerations lanes. Numerous facilities on County Road 49 with similar traffic 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 9 volumes have installed auxiliary lanes, including Semcrude, Lonestar, and High Plains, iii) Final construction drawings will be required to be reviewed and accepted by the Department of Public Works, prior to the start of construction activities. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of July, A.D., 2010. ATTEST: Weld County Clerk to the B By.�,r u Dep e Board APPR • > > D AS my Attorney Date of signature: j_61_0_, BOAR❑ OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO rbara Kirkrneyer, Sean P. Conway EXCUSED David E. Long J 2010-1530 PL2072 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS SHELTON LAND AND CATTLE, LTD. HEARTLAND RENEWABLE ENERGY, LLC USR-1704 R-1704 1. A Site Specific Development Plan and Use by Special Review Permit 41704 is 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, in the A (Agricultural) Zone District, and is subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of the Weld County Code. 3. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. 4. The maximum number of employees employed at the site shall be thirty (30), per shift. 5. The hours of operation will be 24 hours per day, 7 days per week. Hauling will occur primarily during daylight hours. 6. The property owner or operator shall comply with the applicable sections of the regulations pertaining to the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) and the facility shall be constructed, operated, and monitored as detailed in the application materials and conditions listed in the Design and Operations Plan approval letter, dated April 7, 2010, from the Colorado Department of Public health and Environment (CDPHE). 7 Following construction, Heartland Renewable Energy shall submit a construction certification report, which includes construction record drawings, deviations from the approved plan, and results of all testing and documentation requirements set forth in the CQA/QC Plan, to the CDPHE, Hazardous Materials and Waste Management Division, and the Weld County Department of Public Health and Environment. The construction certification report shall be submitted at least sixty (60) days prior to acceptance of feedstock. 8. Volume records shall be maintained, which include waste material received, wastes processed, solid waste shipped for disposal, material shipped for sale or disposal, and the amounts of biogas produced or flared, including tail gas destructed. An annual report shall be submitted to the Weld County Department of Public Health and Environment and the CDPHE, Hazardous Materials and Waste Management Division, by May first of each year. 2010-1530 PL2072 DEVELOPMENT STANDARDS - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC (USR-1704) PAGE 2 9. The facility shall receive and process only those materials which are described in the approved Design and Operations Plan. Currently Type 1 and Type 2 feedstock are approved for acceptance. The Weld County Departments of Planning Services and Public Health and Environment, and the CDPHE shall be notified, in writing, of any additional materials proposed for processing. Written approval to proceed with processing shall be obtained prior to acceptance. 10. The property owner or facility operator shall notify the Weld County Departments of Public Health and Environment and Planning Services, and the CDPHE, in the event of any deviations from, or proposed changes 10, the facility's Design and Operations Plan. 11, The CDPHE, Weld County Department of Public Health and Environment, and the public shall be provided with notification in the event of temporary or permanent closure. Upon closure, the facility shall follow the closure plan portion of the approved Design and Operations Plan. 12 The Solids Dewatering Building (structure number 50 from the Design and Operations Plan) shall be used as the "soil amendment delivery building" during the initial 90 days of production. The facility intends to apply for a waiver from the requirement to construct a low permeability work pad. If the waiver request is denied, then Heartland Renewable Energy shall continue to use the Solids Dewatering Building for storage of soil amendment, or Heartland shall construct low permeability work pads in the areas designated on the plans as "soil amendment storage." Should low permeability work pads become necessary, the design details and any necessary revisions to the CQA/QC Plan must be submitted to the CDPHE, Hazardous Materials and Waste Management Division, and the Weld County Department of Public Health and Environment, for review and approval, prior to construction of any low permeability work pads. 13. The facility shall comply with the approved Groundwater Monitoring Plan. Changes in approved feedstock may require revisions to the groundwater testing requirements and constituents analyzed. 14 The facility shall be constructed, maintained, and operated to ensure that contamination of soil and groundwater does not occur. 15, All below -ground structures shall be double -lined and equipped with a leak detection system. Records of the leak detection system's operation, maintenance, and observations shall be kept and made available upon request. 16. Aboveground waste receiving, storage, and processing tanks shall have secondary containment. The volume retained by the secondary containment shall be at least 110 percent of the volume of the largest tank inside the containment. 17. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved particulate emissions control plan. 18. 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. 2010-1530 PL2072 DEVELOPMENT STANDARDS - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC (USR-1704) PAGE 3 19. 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 percent opacity (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). 20. In accordance with the Colorado Air Quality Control Commission Regulation Number 2, odor detected off the site shall not exceed the level of seven -to -one (7:1) dilution threshold. 21. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 22. An Individual Sewage Disposal System (I.S.D.S.) is required to dispose of sewage from the facility. Any I.S.D.S. on the property shall be permitted, installed, maintained and operated in compliance with Weld County Code, pertaining to I.S.D.S. Regulations. No process wastewater may be disposed of in this system. 23. Process wastewater (such as floor drain wastes) and laboratory wastewater shall not be disposed of through the facility's I.S.D.S. These wastes shall be collected and disposed of in accordance with the Colorado Water Quality Division and U.S. Environmental Protection Agency regulations. 24. The facility shall comply with the Colorado Department of Labor and Employment, Division of Oil and Public Safety, Storage Tank Regulations (7 CCR 1101-14). Secondary containment shall also be required for any container holding fuel or oil with a volume greater than 50 gallons. The volume retained by the secondary containment shall be at least 110 percent of the volume of the largest tank inside the containment. Alternative protective measures may be allowed for regulated tanks, provided they comply with the storage tank regulations. A copy of any Spill Prevention, Control, and Countermeasure Plans shall be provided to the Weld County Department of Public Health and Environment. 25. There shall be no discharge of process wastewater or collected stormwater off the property, except those discharges allowed by the CDPHE, Water Quality Control Division, andfor a Colorado Discharge Permit System (COPS) discharge permit. 26. The applicant shall obtain Stormwater Discharge Permit coverage for construction activities from the CDPHE, Water Quality Control Division. 27. The facility shall be operated and maintained in a manner to prevent nuisance conditions from the attraction, breeding, and emergence of birds, rodents, insects, and other vectors. Additional control measures shall be implemented at the request of the Weld County Department of Public Health and Environment. 2010-1530 PL2072 DEVELOPMENT STANDARDS - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC (USR-1704) PAGE 4 28. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 29. Waste materials, not specifically addressed by other Development Standards, shall be handled, stored, and disposed of in a manner which controls fugitive dust, blowing debris, and other potential nuisance conditions. 30. This facility shall comply with the health laws, standards, rules, and regulations of the CDPHE, Hazardous Materials and Waste Management Division, Water Quality Control Division, and Air Pollution Control Division. The facility shall also comply with all local laws, ordinances, and Certificate of Designation conditions. 31 Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2006 International Building Code, 2006 International Residential Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas and Energy Code, 2008 National Electrical Code, and Chapter 29 of the Weld County Code. 32. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. The applicant shall include a Code Analysis Data sheet, from the Weld County Department of Building Inspection, for each structure which requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado licensed architect or engineer. 33. All building plans shall be submitted to the LaSalle Fire Department, for review and approval, prior to issuance of building permits. 34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets, and no colored lights may be used which may be confused with, or construed as, traffic control devices. 35.. Effective January 1, 2003, building permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 36. Effective August 1, 2005, building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 37. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 38. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 2010-1530 PL2072 DEVELOPMENT STANDARDS - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC (USR-1704) PAGE 5 39. The property owner or operator shall be responsible far complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 40. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 41 The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 42. 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. 2010-1530 PL2072 RESOLUTION RE: APPROVE REQUEST TO MODIFY THE SITE LAYOUT FOR USE BY SPECIAL REVIEW PERMIT, USR-1104, PRIOR TO RECORDING THE PLAT - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on July 21, 2010, by Resolution #2010-1530, the Board approved the application of Shelton Land and Cattle, Ltd., 23043 County Road 42, LaSalle, Colorado 80645, and Heartland Renewable Energy, LLC, 2400 Trade Center Avenue, Suite 201, Longmont, Colorado 80503, for a Site Specific Development Plan 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, in the A (Agricultural) Zone District, including the Certificate of Designation, on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board was presented with a request from Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC, clo AGPROfessionals, LLC, to modify the site layout prior to recording the plat to include: changing from six (6) lined ponds (one (1) stormwater pond and five (5) additional process ponds) to three (3) fined ponds (two (2) stormwater ponds, one (1) settling basin, one (1) covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to five (5) above ground digester tanks approximately 50 feet in height, and WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, finds that the request to modify the Site Plan, as described above, be approved, and that the following language of Condition of Approval #4.C (included in Resolution #2010-1530) be deleted: "Please note that early grading permits will not be issued until collateral is posted and the plat has been recorded; that the existing language in Condition of Approval #6.A be retained and the inclusion of the letters from the Colorado Department of Public Health and Environment, dated January 29, and February 22, 2013, concerning agreement for phased construction be acknowledged; that the requirement of Condition of Approval #1.D.2 for right acceleration/deceleration turn lanes on County Road 49 when the cited triggers are met be affirmed; and that the requirement of Condition of Approval #7.B.2 for left acceleration/deceleration turn lanes on County Road 49 prior to Operation be affirmed. Ce%• �� OC443slz 2013-0550 PL2072 EXHIBIT B MODIFICATIONS REQUEST (USR-1704) - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 2 NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC, to modify the site layout for Use by Special Review Permit, USR-1704, prior to recording the plat to include changing from six (6) lined ponds (one (1) stormwater pond and five (5) additional process ponds) to three (3) lined ponds (two (2) stormwater ponds, one (1) settling basin, one (1) covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to five (5) above ground digester tanks approximately 50 feet in height, on the parcel of land described above be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the last sentence of Condition of Approval #4.C (included in Resolution #2010-1530) be deleted; that the existing language in Condition of Approval #6.A be retained and the inclusion of the letters from the Colorado Department of Public Health and Environment, dated January 29, and February 22, 2013, concerning agreement for phased construction be acknowledged; that the requirement of Condition of Approval #1.D.2 for right acceleration/deceleration turn lanes on County Road 49 when the cited triggers are met be affirmed; and that the requirement of Condition of Approval #7.B.2 for left acceleration/deceleration turn lanes on County Road 49 prior to Operation be affirmed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of February, A.D., 2013. ATTEST' Weld County Clerk to the Board BOARD OF WELD C BY Deputy C OUNTY COMMISSIONERS Y. COLORADO zen P. Conway APP' + ! D Mike eeman aunty ttorney ara Kirkmeyer Date of signature.AY0 1 2013 2013-0550 P12072 Waste to Energy Engineering, Design and Operations Plan Developed in accordance with Colorado Solid Waste Regulations, 6CCR 1007-2 Sections 9, 11 and 14 For Heartland Renewable Energy, LLC SE Vi of Section 25 T4N R65 W Operated by Heartland Renewable Energy, LLC • PR Prepared by AGPROfessionals, LLC 4350 Highway 66 Longmont, CO 80504 (970) 535-9318 November 27, 2012, Original February 1, 2013, Revision 1 March 27, 2013, Revision 2 May 3, 2013 Revision 3 June 7, 2013 Revision 4 EXHIBIT C I Ic.arrinird Ikcncw,rl_lt I nE } Ilesmn and [Sperntioies Plan Table of Contents Table of Contents 2 Engineer's Certifications 5 Executive Summary 6 Abbreviations and Definitions 7 1. Introduction 9 A. Owner/Operator 10 B. Operating Capacity 10 C. Construction Timescale 10 2. Physical Property 11 A. Land Details 11 1. Legal Description 11 2. General Site Plan 11 B. Water Detail 13 1, Surface Water 13 2. Subsurface, Subsidence & Water 13 3. Surface Water & Groundwater Protection 16 3. Process 19 A. General Anaerobic Digestion 19 B. Inputs 19 1. Type 1, 2 and 3 Feedstock . , 19 2. General Feedstock Design 20 3. Inputs: Digester Feedstocks, Additives and Sources 20 4, Feedstock Nutrient Analysis Data 22 5. Design Feedstock Nutrient Specification 25 6. Feedstock Reception and Handling 26 7, Sampling 27 C. Feedstock Handling, Storage, Tanks and Flows 28 1, Feedstock Unloading 28 2. Truck Washing 28 3. Tanks 29 D. Summary of Operational Systems 32 1. Water Treatment System: 32 2. Solids Dewatering System: 33 3. Gas Processing System: 33 4. Equipment Building: 33 4. Outputs 34 A. Solids Materials 34 B. Liquid Materials 34 1. Covered Lagoon 34 C. Biogas Generation 35 1. Biogas Characteristics 36 2. Biogas Handling and Conditioning 36 D. Byproducts 38 1. Sulfur 38 2. Carbon Dioxide 38 A I'!t[Stissronals, l.E,{' 2 1 i0:mlund i4rn4tiw•¢th14 i•ii i I}csien an d arICralineis Plan 3. Process Heating 38 E. Materials Storage 38 1. Gas 38 2. Soil Amendment 39 5. Other Permits / Agencies 40 A. Weld County Special Use Permit #1704 and Certificate of Designation Granted July 21, 2010 40 B. Water Quality 40 C. Air Quality Permits 40 . Expected Air Permit Type: Minor Source Air Permit 40 D. Colorado Department of Agriculture 40 6. General Operation 41 A. Employees/Staffing 41 1. Employee Training 41 2. Staffing 41 B. Civil Engineering 45 C. Instrumentation and Controls 46 D. Maintenance 47 E. Back-up Systems, Safety and Emergency Response Plans 47 1. Dump Flares 47 2. Electrical System Safety Designs 47 3. Fire 48 4. Other 48 5. Emergency Contact Information 48 6. Contingency 48 7. Documentation, Records & Reporting 49 A. Recordkeeping 49 B. Reporting 49 8. Nuisance Control & Environmental Management 50 A. Dust 50 13. Odor 50 C. Windblown Materials & Debris 50 D. Pest Control 50 9. Temporary Shutdown and Permanent Closure . 51 A. Shutdown 51 B. Operational Maintenance & Temporary Closure 51 C. Temporary Closure 51 1. Removal of Residual Materials from Facility 51 2, Removal of Residual Materials from Digesters and Storage Tanks 52 3. Removal of Compost Debris from Surface Soils in Windrow Areas 52 4. Stormwater Pond, Reject Storage Ponds, Effluent Storage Ponds and Dilution Water Pond 52 D. Permanent Closure ,.,._ 52 1. Stormwater Pond, Reject Storage Ponds, Effluent Storage Ponds and Dilution Water Pond 52 2. Re -Seeding of Disturbed Surface Area 52 GPI3OfessionalsLC 3 IE.irslard l ncrf!y i. kGdn and 4}la_craiions flan 3. Removal of the Digesters 53 4. Post Closure Care 53 List of Appendices 54 AGPROfessinnals, LI.C 4 I Iu=I 11! LI Rclii ..ibly l-nLTP4. hasp €lpc€ations 1'Can Engineer's Certifications I hereby certify that all portions of the site investigations and preliminary drainage design of Heartland Renewable Energy have been performed under the supervision of, reviewed by, or preformed by this Professional Engineer, licensed to practice in Colorado. To the best of my professional knowledge, judgment and belief, these plans meet the provisions of 6 CCR 1007-2 Section 11 and 14, Weld County storm drainage criteria, and the Weld County Use by Special Review and Site Plan Review Preliminary Drainage Report Outline. Chad TeVelde, PE AGPROfessionals, LLC. ACiPR€)fcsswnmis, LIf, 5 I IicuII;FI ItcllC;«hII I: R• -'} I)cs,gn nncl i)perr)Inns I'l.in Executive Summary Heartland Renewable Energy, LLC ("Heartland") is proposing to develop, own and operate an anaerobic digester facility located in southeast Weld County, Colorado. Anaerobic digestion of organic wastes in a controlled environment yields environmentally sound products for beneficial reuse. This facility will use agricultural wastes which include cattle manure from animal feeding operations and other organic food processing residuals ("Substrate"). The process of using cattle manure, food wastes and other organic wastes as feedstock for the digester facility will preclude release of pollutants to the environment, and specifically, will reduce the emission of significant amounts of nitrous oxide, a potent green house gas, to the atmosphere. The digestion process yields two major outputs. A methane rich gas stream will be refined and processed to meet the quality specifications for interstate pipeline gas for injection into the local high pressure natural gas transmission pipeline. A second output is a composted solid by- product, superior in certain respects to traditional compost and soil amendments for horticultural and agricultural applications. This product will be used as dairy bedding or marketed to various distributors and end users. Additionally the digestion process will yield a liquid digestate that will be land applied to improve soil properties. This digestate contains organic matter, nutrients and microbes that improve soil quality for crop growth. ArpRClfessiona4s.I,I C 6 Ilt,urllaird Rolieu°ahlc I:iturtt I)'sign ;i. c1 C7purrtl6eis I'lan Abbreviations and Definitions Abbreviations and definitions used in this document are: Abbreviations ALR — Action Leakage Rate ASHRAE - American Society of Heating, Refrigerating and Air -Conditioning Engineers BOD — Biological Oxygen Demand cP Specific Heat Capacity CCTV — Closed Circuit Television CDPHE — Colorado Department of Public Health and Environment CH4 — Methane gas CIG - Colorado Interstate Gas COD — Chemical Oxygen Demand CQA — Construction Quality Assurance CQAE — Construction Quality Assurance Engineer CQA/QC Plan— Construction Quality Assurance/ Quality Control Plan CSTR — Continuously Stirred Tank Reactors D & O — Design and Operations DAF - Dissolved Air Flotation EPC - Engineering, Procurement, and Construction F — Fahrenheit FPS — Feet Per Second GPD — Gallons Per Day GPAD — Gallons Per Acre Per Day IIHV — High Heat Value HMI — Human Machine Interface HRE — Heartland Renewable Energy HRT - Hydraulic Retention Time HVAC - Heating, Ventilation and Air Conditioning LHV Low Heat Value LPG - Liquefied Petroleum Gas MCC — Motor Control Center MMBTU — Million British Thermal Units MW - Monitoring Well NEMA - National Electrical Manufacturers Association NG — Natural Gas NRCS - Natural Resources Conservation Service PBD- Project Basis of Design PE — Professional Engineer PFD — Process Flow Diagram PLC — Programmable Logic Controller RNG — Renewable Natural Gas SCADA - Supervisory Control and Data Acquisition SCFD - Standard Cubic Foot of Dry Gas STP — Standard Temperature and Pressure TSS — Total Suspended Solids AGPROfessionals LLC 7 I lgarlla ld ltcnc:uablc I ncrr. i5 si_•r� Fuld Opera -wow rim, USR — Use by Special Review VS - Volatile Solids WC - Water Column Inches Definitions 1 ft of natural gas or fully conditioned biogas = 1,000 BTU STP for biogas •- Standard Temperature and Pressure for biogas is at 14.7 psia and 68°F (1 atm (1.05 bar or 101.325 kPA) and 20 Celsius) AAPRllf eai..,,ole T T f' 8 I'iL-1Ir l;hr1d Kerici IlLe I'.13L1'l\' _ �)CtiiCl3iLllll L)pCC;lrluii Ilan I. Introduction This Design and Operations Plan (D&O) has been prepared pursuant to the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities 6-CCR 1007-2 (Regulations), Section 14 for Class I Composting Facilities and Section 11 for Waste -to -Energy Facilities, Section 9 for Waste Impoundments for review and approval by the Colorado Department of Public Health and Environment (CDPHE) and Weld County Department of Public Health and Environment (WCDPHE). The intent of this Engineering Design and Operations Plan (D&O) is to ensure protection of the environment and citizens of Colorado by identifying the design, control, and management measures to protect ground and surface waters, prevent nuisance conditions, and properly decommission the site in the event of a facility closure. Heartland Renewable Energy, LLC (HRE) is proposing an anaerobic digestion facility that will produce methane gas (CH4) to be injected into the Colorado Interstate Gas (CIG) pipeline with a block valve for interconnection approximately 0.5 miles from the Project Site. The feedstock to the digestion system will be a mixture of dairy manure from the area cattle facilities and hauled - in organic waste residuals, primarily food waste and residuals from the food processing industry ("Substrate"). The biogas produced from the digestion system tanks will be suitably conditioned and will be capable of exporting up to 1,500,000 MMBTU annually. The liquid plant effluent is pumped to a covered lagoon to provide additional hydraulic retention time (HRT) of the waste materials and to collect additional biogas for processing. The liquid effluent from the covered lagoon is transferred to large open lagoons for storage to allow for evaporation and irrigation purposes providing a soil amendment for area cropland. In addition to generating a needed domestic energy source, the gas production facility will have other significant benefits, including: • The dewatered solids portion yields a compost like by-product which is superior in certain plant growth qualities to conventionally produced compost and can be used in agriculture, land reclamation, landscaping, turf topping, gardening, nursery operations, greenhouses, erosion prevention, and erosion mitigation. Therefore, this compost product may either be marketed or utilized by dairies as bedding substrate. • By using cattle manure, food wastes and other organic wastes as feedstock, the digester facility will help preclude release of pollutants to the environment and, in particular, will preclude the emission of significant amounts of nitrous oxide to the atmosphere. Whereas there are no specific regulations for anaerobic digesters, a combination of Class I Composting Facility and Solid Waste -to -Energy Facility permits have been mutually negotiated by CDPHE and HRE. The Facility is designed in accordance with all relevant federal, state and local requirements including, but not limited to, the requirements of the State of Colorado, Weld County, health laws, standards, rules and regulations of CDPHE's Hazardous Materials and Waste Management Division, Water Quality Control Division, and Air Pollution Control AGPROfessionals, [:LC 9 I Ic iri! nd Reiltis3'sI k: I :nrLl: Icsity. aced llpL•raiion.s I'I.ui Division. The Facility will comply with local building codes, fire codes and safety codes and in accordance with applicable engineering and construction codes and standards. A. Owner/Operator Owner/Operator: Heartland Renewable Energy (HRE), LLC Project Developer: Contact: Heartland Renewable Energy, LLC 116B South River Road Bedford, New Hampshire 03110 603-475-5914 Jim Potter, Managing Member- HRE, LLC B. Operating Capacity The Facility is expected to run continuously apart from planned routine maintenance. The Facility will operate 24 hours per day, 7 days per week, 52 weeks per year (24/7/52). Organic substrates are expected to be received 18 hours per day. Manure is expected to be received on regular intervals 24 hours per day. The plant will normally export 1,500,000 MMBTU/yr of conditioned biogas per year. At full output the plant is expected to digest approximately 6,000 to 7,100 gallons of organic substrate per hour and approximately 8,500 to 10,400 gallons per hour of manure slurry, including recycled effluent and dilution water. A Process Flow Diagram (PFD) is given (See Appendix A). C. Construction Timescale Construction is expected to begin by April 1, 2013. The construction and start-up duration of the project is to be 10 months, completed in two (2) phases, as outlined below in Section 2.A.2.d. The date of the first export of Renewable Natural Gas (RNG) is of particular importance and must be prior to April 1, 2014. AGPRQfess onri!s i..1.C 10 I,:,irll,ind Rolokdble L:nray I ksi and C) rulnins Plare 2. Physical Property A. Land Details 1. Legal Description Parts of the SE '/4 of Section 25, T4N, R65W (See Appendix B) The location and elevation of the Facility is 40 16' 57.14"N latitude, 104 36' 34.61"W longitude, at an elevation of 4,800 ft. This facility is located approximately 1/4 mile northwest of Weld County Road 49 and Weld County Road 40 intersection and approximately 7 miles southeast of the town of LaSalle, CO ("Site") (See Appendix C for Vicinity Map). The site encompasses a total of 80 acres and is located adjacent to Shelton Dairy (the "Dairy"). The digester facility footprint is approximately nineteen acres (See Appendix D for Proposed Site Layout, Appendix E for Existing Site Map and Appendix F for the Easement Map). 2. General Site Plan a) Access The facility's service area includes the Denver Metro Area and Northeastern Colorado. The major transportation corridor for the Denver metro area is Interstate 76 East to Weld County Road 49. The major transportation corridor for Northeast Colorado is Colorado Highway 34 to Weld County Road 49. The facility access is from Weld County Road 49. The entrance will either be paved for 300 feet from the county road or will be paved for 100 feet beyond two back- to-back cattle guards. The entrance to the facility is located approximately one quarter mile north of Weld County Road 40 on Weld County Road 49. Traffic enters on the east border of the facility and circulates in a counterclockwise pattern. A gated private access road will be created to the north, for internal traffic only, to and from the Shelton Dairy. An operations building with offices, a laboratory, and employee facilities is located on the south- central border of the facility along the entrance driveway. b) Signage Detailed signage will be placed at the facility entrance which includes the facility name, emergency contact information, traffic control information and materials that will and will not be accepted. c) Security A six foot high chain link fence will surround the Digester facility with a security controlled entrance. The entire site perimeter (108 acres), including the soil amendment area will be fenced with barbed wire. An ID card access will be used to prevent unauthorized access or material delivery from entering the site. AGPROfessionals_ LLC 11 I killlaud I{encw;rbEc I I )c:stuI1 ancl t'rtttc7ns 1'Isn d) Construction To satisfy the gas delivery deadline of April 1, 20] 4, the construction/approval process is proposed to occur in two phases. Prior to commencement of construction, HRE will submit a Construction Quality Assurance and Quality Control Plan ("CQA/QC Plan"), technical specifications, and proposed construction drawings, to the Weld County Department of Public Health and Environment, and the CDPHE, Hazardous Materials and Waste Management Division. The documents will be submitted at least sixty (60) calendar days, and approved by the Division, prior to commencement of construction. Proposed phases of construction are as follows: i. Phase 1: Environmental Control, Infrastructure and Grading Phase 1 encompasses the development of facility infrastructure, grading and environmental control measures which allows for the initial establishment of gas production capabilities. The following construction elements will be completed during Phase 1: • Site grading • Road installation • Site perimeter fencing and gated entrance • Truck scale • Installation of three ponds (Covered Lagoon, Stormwater and Long Term Storage Ponds) • Run-on and run-off diversion berms • Block valve and gas line hook up • Manure pit, agitator and manure pumping system installation • Utility infrastructure installation • Temporary -gas handling system and temporary boiler installation Phase 1 construction completes groundwater and surface water protection, site grading, site security, road/utility and gas pipeline infrastructure. At the culmination of construction for Phase 1, the first HRE CQA Engineer Certification Report will be submitted to the CDPHE Solid Waste Division and Weld County CDPHE for review and approval. All engineered features of the facility design will be reviewed and sealed by the Construction Quality Assurance Engineer (CQAE) who is a Colorado registered Professional Engineer as detailed in the CQA/QC Plan. The Certification Report provided by the CQAE will include construction as built record drawings, deviations from the approved plan and results of all testing and documentation requirements set forth in the CQA/QC Plans. Submittal of Phase 1 CQA Certification Report triggers a sixty (60) day review timeline prior to acceptance of feedstock. Following Division approval, with the essential protection parameters in place, the facility will begin the inoculation and development of the microorganism population within the Covered Lagoon in preparation for the digester tanks. Gas produced from the inoculation process will be cleaned with the temporary gas handling system and injected into the Colorado Interstate Gas pipeline. When Phase 2 of the project is complete, solids which have been inoculated from Phase 1 will be pumped into the main system (the aboveground tank digesters) and used to initiate the main digester process. AGPROfessi nnal s. 1,T .C 12 trurtl_Et d Riiicki.akc 1-ticrip fh'sian and Operntior,flan The remainder of the digester facility is completed in Phase 2 of construction as follows: il. Phase 2: Digester system installation • Foundation installations • Secondary containment structure installation for tank systems (digesters, substrate and dosing tanks) • Digester, substrate and dosing tank installation • Gas cleaning system installation • Centrifuge installation and pumping infrastructure • Monitoring system installation Following the completion of Phase 2 construction, HRE will submit the final CQA Engineer Certification Report to the Division and Weld County for review and approval. The final CQA Engineer Certification Report will include construction record drawings, deviations from the approved plan and results of all testing and documentation requirements set forth in the CQA/QC Plan for structures completed in Phase 2. Following approval of the Phase 2 CQAE Certification Report from the Solid Waste Division and Weld County, loading of the digester tanks will commence for full facility gas production capabilities. B. Water Detail 1. Surface Water a) Lakes/ Streams There are no lakes, rivers, streams, springs or bogs onsite or within one-half mile of the facility boundary. The closest surface water is the Beebe Draw which is 1.1 miles to the west of the facility site. b) Flood Plain This site is not located within a mapped 100 year floodplain. The FEMA Flood Plain Map is included (See Appendix H). 2. Subsurface, Subsidence & Water The site is not underlain by any abandoned underground coal mine workings, as determined by the Colorado Geological Survey's Coal Mine Subsidence and Land Use in the Boulder -Weld Coalfield, Boulder and Weld Counties. a) Site Groundwater Well Permit A commercial small capacity well permit has been approved by the Colorado Division of Water Resources, Department of Natural Resources; Permit Number 290148 (See Appendix AB). The well will be located to the north of the facility and used for facility employees and sanitary uses. b) Groundwater Surrounding Wells Locations A well map and well registration log for all wells within one mile of the facility boundary is included (See Appendix I). Monitoring well installation logs are included for existing monitoring well locations (See Appendix J). AGPROfesssionals_ 1.J .C 13 l Ic:irlllu J 1•:ncr2 L]ctii ,[1 and I7perninus PIM] c) Groundwater Levels Groundwater monitoring at the proposed Heartland Renewable Energy site has been in place since August, 2009 to establish static water levels, gradient directional flows as well as baseline testing parameters. Five groundwater monitoring wells were professionally installed at strategic locations on the site. Monitoring wells (MW) 1, 2 and 3 were installed August, 2009. Two wells are located near the northwest side of the facility and one near the southeast corner. Immediately following drilling, only one well had water present. Monitoring wells 4 and 5 were installed at a later date (March, 2010) to provide an up gradient well, which had water, and an additional well to provide for gradient spread in reference to the up gradient well. Of MW's 04 and 05, MW05 was the only well with water at 31 feet below ground level. Groundwater elevations have subsequently been measured 3 to 7 times (well dependent) to establish groundwater gradients. The two northern wells demonstrated static water elevations with the southernmost well being dry at each monitoring. Analysis based on groundwater depths relative to surface elevation indicates that groundwater flows consistently in the northwest direction between monitoring wells MW#01 and MW #02 at a 0.5% gradient. Groundwater monitoring sampling was performed every other month during the year of 2010 (MW05 sampled until September, 2011) to gather baseline data for evaluation for the Heartland Renewable Energy project. Potentiometric surface maps demonstrate down gradient wells for each wastewater impoundment. MW01 is down gradient of the northwest impoundment, MW02 is down gradient of the covered lagoon and MW05 is down gradient from the central impoundment (See Appendix Z). A Groundwater Monitoring Plan has been developed to monitor and analyze the groundwater throughout the construction and operation of the facility (See Appendix K). A double liner system with leak detection is the proposed design of the waste water impoundments (See Section 2.B.3.b of this document). Therefore, HRE requests approval from the Solid Waste Division and WCDPHE, upon satisfactory installation of the impoundments, that ground water monitoring be required annually for a minimum of 5 years. After 5 -years of obtaining operational data, if there is no evidence of well contamination a waiver request will be submitted to the division for the elimination of groundwater monitoring unless a leak is detected within the effluent storage impoundments. d) Subsurface Investigation r. Boring locations A preliminary geotechnical site exploration was conducted by Soilogic in February, 2009. February 2013, Soilogic performed a further geotechnical subsurface exploration for the existing site (See Appendix L for both reports). A total of 14 bores were drilled to a depth of 25 feet and 3 bores were drilled to a depth of 45 feet beneath the proposed digester location. No groundwater was encountered in any of the 25 feet bore holes. Water was encountered on the three 45 feet bore holes at a depth of 42 feet. 24 hours following drilling, static water levels in the 3 bores were at 35 feet. See the Geotechnical Reports for maps of the boring locations and associated findings. AGPROfessionals_ 1 SS' 14 Icarll:rid h!Itolowa hk.1',ri I7Cs wt ,u1d (1p rrn s flan August, 2009, three bores were drilled by High Plains Drilling for the purpose of establishing groundwater monitoring wells. See boring logs and well permit applications in the Monitoring Well Installations (Appendix J). They were drilled to depths of 36 (MW01), 54 (MW02), and 30 (MW03) feet. Groundwater was encountered at 44 feet in MW02; no groundwater was encountered at the time of drilling in MW01 or MW03. In March, 2010, two additional monitoring wells were drilled to provide an up gradient well that had water and an additional well for gradient spread. The drilling depths were 34 (MW 4) which had no water and 46 (MW 5) had water at 31 feet. This site is located in the Beebe Draw tributary of the South Platte Basin above the Laramie -Fox Hills Alluvial Aquifer. This confined aquifer occurs primarily in the lower sandstone units of the Laramie Formation and the upper sandstone and siltstone units of the underlying Fox Hills sandstone. The geological formations of this aquifer are primarily composed of Cretaceous and Tertiary sandstone, conglomerate and shale. The thickness of the aquifer ranges from zero at the boundary to between 200-300 feet in the central part of the basin. The Laramie Fox Hills Aquifer is underlain by nearly impermeable Pierre shale and on top consists of fine, to very fine, grained sandstone or siltstone imbedded in the shale. Groundwater within the Laramie -Fox Hills Aquifer tends to contain small amounts of dissolved solids with concentration ranges from 200 to 2,000 milligrams per liter. Some gases, such as hydrogen sulfide and methane exist within the aquifer. The edges of the aquifer tend to have hard water, consisting of a sodium bicarbonate or sulfate. Depth to alluvial groundwater within the aquifer generally ranges up to 250 feet. The preliminary geotechnical report did not indicate any groundwater within 25 feet of the soil surface. Subsequent drilling identified alluvial water at a depth of 42 feet in the center of the site. Several nearby wells indicate groundwater levels range from 70-200 feet. ii. Site Soils A Soils Report from the Natural Resources Conservation Service is provided to describe types of soils and engineering properties of the soils on the site (See Appendix G). Approximately three to six inches of topsoil and vegetation were encountered at the surface during drilling. Beneath that was light brown to brown silty sand and sandy lean clay. The three main layers were classified as a fine silty sand, then sandstone to clayey sand in places, with a claystone layer existing between 25-50 feet. The silty sand was generally medium dense to dense with occasional loose zones and showed low swell and low to moderate settlement potential with an increase in moisture content at current moisture and density conditions. The sandy lean clay/clayey sand conglomerate was generally very stiff to hard in terms of consistency and/or medium dense to dense in terms of relative density and showed low swell potential and low to moderate consolidation potential at in -situ conditions. The silty sand and sandy lean clay/clayey sand conglomerate extended to the bottom of borings B-3, B-4, 13-5 and 13-8 at a depth of approximately 25 feet below ground surface. At boring locations B -1, B-2, B-6, B-7, B-9, B -l0, B-11, the silty sand and sandy lean clay/clayey sand conglomerate extended to depths ranging from approximately 18 to 29 feet below ground surface and was underlain by brown/grey/rust claystone which varied to siltstone/sandstone in places. The claystone with siltstone/sandstone was medium to very hard and showed low to high swell potential at in -situ moisture and density conditions. Borings B-1, B-2, B-6, B-7, B-9, B-10, B -1 lwere terminated at depths ranging from approximately 25 to 45 feet below ground surface in the claystone with siltstone/sandstone bedrock. Natural Resource Conservation Service's (NRCS) soil report classified these soils as AGPROfessionals_ LLC 15 IJcarLJantl Itciu, j,IYlc I -.ii r Dcshn Plan Valent sand and Vona loamy sand. Run-off potential from this site is considered to be low because the soils are classified as well drained to excessively drained (See Appendix G). 3. Surface Water & Groundwater Protection Groundwater is over 30 feet deep and has a relatively impermeable claystone layer above it which provides natural prevention of groundwater contamination. Additional measures taken to protect groundwater and surface water quality are as detailed below. a) Run-on, Run-off Surface water flow onto the facility will be controlled by a combination of natural terrain, diversions, and site re -grading as outlined in the drainage report. The natural surface drainage in the surrounding area of the site drains toward the northwest. Diversions for potential run-on will be designed and constructed to divert peak discharge from the 25 -year, 24 -hour storm along the east and northern edge of the property. The attached site map, Sheet GR-1, indicates the grading contours and demonstrates run-off will flow toward a stormwater retention pond to be constructed in the northwest corner of the property. The site will be re -graded to provide adequate slope to ensure run-off from the site will flow to the designed stormwater ponds. These ponds are designed to contain the volume of the 25- year, 24 -hour storm run-off plus run-off from normal precipitation events. b) Wastewater Ponds This facility will have a total of three lined ponds consisting of a stormwater/wastewater storage pond, a long term storage pond and an additional pond that serves as a covered digester lagoon. The stormwater/wastewater pond and the long term storage pond will be located in the west - central and north-west area of the site; these will serve as the collection structures for stormwater run-off and effluent storage. The stormwater capacity will be maintained by dewatering the lagoons within thirty (30) days of a storm event to the 25 -year 24 -hour pump down level. See the Final Drainage Report (Appendix M) for details regarding the stormwater management system. The pond serving as the covered lagoon will be located in the central area of the site north of the main digester facility and will receive effluent from digester operations. All ponds are designed in accordance with Section 9 of the Solid Waste Regulations as Type B impoundments. Liners will be installed using a double liner system. All ponds will include the installation and testing (as detailed in the CQA Plan) of a geo-membrane double liner constructed from 60 -mil High -density polyethylene (HDPE). The upper liner is installed in direct contact with the underlying under drain material. The drainage layer of the liner system is designed to contain a transmissive material comprised of geonet/geotextile which will rapidly convey liquid, should leachate escape the primary liner, to a sump inspection well for leak detection monitoring and daily evacuation. The geonet material consists of integrally connected parallel sets of plastic ribs overlying similar sets at various angles. The lower liner is composed of a 60 mil HDPE geomembrane that is installed in direct contact with the underlying prepared soil. Synthetic liners will be installed according to the manufacturer's instructions and in compliance with the requirements spelled out in the CQA and CQC Plans. Care will be taken during construction and prior to introduction of liquids to prevent erosion, desiccation, drying, degradation from ultraviolet radiation or other damage. AGPROfessionals. i.i.C 16 1IvaIlai d ]teii iHI I'nerg, Ikri.,n untl C zermiun4 ]9 it The ponds are designed to maintain a minimum of two (2) feet of freeboard measured from the lowest elevation along the top of the lagoon berm. Ponds are designed with run-on and run-off control and diversion structures where applicable to establish stormwater control. Gauges will be installed to continuously monitor fluid level measurement of the impoundments. The proposed lagoons have 4H: 1V slopes with an angle of approximately 14 degrees which will be adequate to satisfy static and pseudo -static failures with acceptable safety factors. The soil to geomembrane friction angle, combined with the anchor trench, will provide a stable design for the geomembrane. The 60 mil HDPE will be adequate to handle the loading, and design stress. An above ground berm will be present. The pond will have a maximum depth of approximately 12' with a proposed water depth of approximately 1 0'. Impoundments will be inspected on a daily basis for ground movement, cracks, erosion, leaks, equipment functionality, rodent burrows and vegetation, damage to equipment, spills, detection of liquid in sumps or other problems that would jeopardize the integrity of the impoundment. Should leachate escape the primary liner, it will collect in a French drain sump pit. The French drain will have leak detection fill (size specified in the CQC plan) such that leachate can be evacuated from the well without fill material entering the pump. An 8 ounce geotextile cushion will surround the fill material in the sump pit to protect the integrity of the liner. To ensure only leachate is pumped out of the sump well, a perforated end cap is secured at the base of the HDPE pipe to allow leachate percolation into the evacuation pipe. The HDPE liners will be extrusion welded to the HDPE evacuation pipe at the top of berm. Evacuated leachate will be reintroduced into the effluent impoundments. Should an unplanned release occur from an impoundment or leachate observed in the leak detection system above one (1) foot of head (design range is defined by the Action Leakage Rate (ALR) (See Appendix AA) or any noncompliance necessitating corrective actions, the Contingency Plan will be followed (See Appendix W). The ALR is designed using standard assumptions of 60 mil HDPE installation specifications. Should manufacturer installation specifications differ from the assumed performance used in the ALR calculations, the ALR will be evaluated, ensuring the performance of the liner achieves a leakage rate that will not exceed one (1) foot of head within the leak detection system per day. Design plans utilizing a Factor of Safety (FOS) of two (2) specify the ALR will be kept below 250 gallons per acre per day (gpad) (See Appendix AA). Sump wells will have sump pumps fitted with an automatic float such that leachate will be evacuated from the wells on an on -going basis to maintain less than 1 foot of head within the well. Flow meters will be fitted to each sump pump to record the daily volume of leachate evacuated from within the wells for verification that the ALR has not been exceeded. Public access to impoundments is controlled as the entire facility is enclosed by barbed wire fence and requires employee identification for entrance. i. Construction, Testing and Liner Certification As detailed in the CQA Plan, upon completion of the ponds, the CQA Engineer Certification Report will be sealed by the Construction Quality Assurance Engineer (CQAE) who is a AGPROfessionals. T 17 I fc; eland Etcrrew.lhfe I Acrrn f)uFILL1 clod [] craaions Pfau Professional Engineer (PE) registered in Colorado. The CQAE has overall authority and oversight on all quality issues during the construction and installation of the wastewater impoundments to ensure the integrity of the structure. The certification report will be submitted to the Solid Waste Division of the CDPHE along with WCDPHE documenting liner type, installation procedures, certification, and construction specifics for the impermeable liners. ii. Groundwater Monitoring and Leachate According to Sub -section 2.2 of the Regulations, a Groundwater Monitoring Plan will be submitted to the CDPHE and Weld County and is included in this report. The Groundwater Monitoring Plan is implemented on the site. Groundwater monitoring wells strategically located enable detection and assessment of the controlled seepage on groundwater quality. A Contingency Plan is outlined in the Groundwater Monitoring Plan if a leak is detected (See Appendix K). c) Secondary Containment In process, materials located in both the substrate/dosing and digester tanks will have secondary containment. The tanks will be placed on top of and surrounded by 60 mil HDPE liner protected by an earthen blanket. A containment wall or earthen berm designed for 110% containment of the largest tank will be constructed surrounding the tank battery (See Appendix N). The tanks and containment area will be visually inspected for leaks on a daily basis. See attached HDR drawings for tank cross section details (See Appendix O). In the event of a catastrophic tank failure, all waste will be removed from the secondary containment as soon as possible, not to exceed 48 hours. Clean-up will follow the procedures detailed in the contingency plan. Manure pits will have secondary containment comprised of a membrane underlying the impermeable concrete pit. Wet wells used for feedstocks and manure pits will have secondary containment similar to the digesters. A containment membrane will be installed, with a geo- textile fabric overlaid and an aggregate base top layer(sand or gravel) to protect the liner. The floor will be sloped to drain to a sump at the end of each containment area. A monitoring sump pit will be visually inspected for leaks (and evacuated if needed) daily. AGPROfessinpals_ 1 IC 18 Icari kind I2Lnowdbk 1nura3 I3 ,i.n;ii d {)rernuoiix i'I<IE1 3. Process A. General Anaerobic Digestion The biogas production facility uses proprietary anaerobic digester technology for producing commercial volumes of a methane -rich gas. The biogas is scrubbed of impurities and the clean methane product is injected into the Colorado Interstate Gas Pipeline. The term "anaerobic digester" refers to an airtight vessel in which various organic wastes (Types 1, 2 and 3 will be accepted at this facility as detailed in the next section) are placed and naturally occurring microbes "digest' the feedstock. The microbial digestion by-products include methane, carbon dioxide and minor components of hydrogen sulfide, water vapor and particulate matter. The gas processing system collects this biogas from individual digesters and cleans the gas to produce pipeline -quality methane. The separations system yields a compost and effluent, which are both valuable soil amendments. B. Inputs 1. Type 1, 2 and 3 Feedstock HRE will be classified as a Class I composting facility, which enables the facility to receive Types 1, 2 and 3 feedstock in quantities only limited by the site design regulation and this D&O. These feedstocks include agricultural crop residues, manure, untreated wood wastes, yard, paper and green wastes, animal material, animal mortalities and source separated food wastes (Types 1 and 2 wastes). Prior to acceptance of any biodiesel byproducts, an ignitability/flashpoint laboratory analysis will be performed. Results exceeding ignitability threshold, as classified in Colorado Hazardous Waste Regulations, 6 CCR 1007-3, § 261.21, will result in refusal of the feedstock delivery. While this facility is designed as a Class I facility, which is able to accept bio-solids, solid waste, processed solid waste and sludges, only limited Type 3 feedstocks will be accepted (See detailed list of accepted and unaccepted feedstocks in Appendix P). Specifically, municipal waste and hazardous waste will not be accepted. Dissolved Air Flotation (DAF) will only be accepted from food processing waste water. No other Type 3 feedstocks will be accepted without specific prior approval from the Solid Waste Division and Weld County. HRE's digester facility will not accept municipal bio-solids, or any other solids, processed solid wastes, or sludge other than those described above unless a request to modify is submitted and approved in advance. The above feedstocks do not constitute `broad categories' of waste streams, nor is this facility a solid waste landfill or transfer station, thus Section 2.1.2 of the Regulations do not apply. A Waste Characterization Plan has been developed and is provided in the appendices (See Appendix Q). AGPROfessionals. LLC 19 lean f3nd 12tncxlxbFc ray*. 17cSiuiti tnYJ () flow» 2. General Feedstock Design Consistent feedstock is to be fed to the digesters in order to achieve nutrient balancing goals. This requires blending of various organic substrates that have variable nutrient characteristics with manure, which maintains a relatively constant nutrient profile. The proportions of manure and substrate mixed to a consistent feed material are determined and selected by the digester operator, based upon lab analysis, expected and past performance of feedstock, moisture content, levels of fat, protein and carbohydrates. It is anticipated that there will be some variation in the quality of feedstock fed to the digesters. The principal feedstock to be digested is organic substrates from various sources, and manure collected from dairies and feedlots. The organic substrates will be delivered unblended by the originating sources. Organic substrates differ in quality, notably organic strength, and therefore will be stored in separate substrate tanks. This allows for nutrient blending to target ideal nutrient balance specifications prior to feeding the digesters. Feedstock nutrient balancing will primarily be controlled by carefully monitoring the organic loading, pH, and volatile fatty acid (VFA) counts within the substrate in the digesters. Organic substrates will provide most of the volatile solids to the digesters in the form of fats, proteins, sugars and other carbohydrates. Manure will be blended in the dosing tanks with the organic substrates. The manure adds microflora, the remainder of volatile solids, most of the micronutrients and buffering capacity to the digester substrate. Refer to Section 3.B.5 for detailed information on Design Feedstock nutrient specifications. 3. Inputs: Digester Feedstocks, Additives and Sources a) Organic Substrates Liquid organic substrates will be the primary source of substrate. A list of acceptable substrates is provided in Appendix P. Liquid organic substrates may consist of: • Grease trap waste generated by collection from commercial/institutional grease trap interceptors. Grease trap waste is composed of water, grease, and food solids collected in an intercept prior to discharge to the local sewer. The collected material is high in moisture. • Dissolved air floatation (DAF) float by pretreatment of food processing wastewater streams. The concentrated float can be high in moisture and often in TSS. • Thin and evaporated stillage from corn ethanol plants or distilleries • Glycerin from biodiesel facilities • Hatchery Waste and Poultry By -Products involving waste streams which may include poultry litter, refuse eggs and associated offal. A GPROfessi onals. LLC 20 Ic.iriLord Rci . -allIc I:nerer 11cyrI3n (aptraIism Pinn (a) Physical Characteristics Viscosity of liquid organic substrates can vary from 10 to 10,000cP at 60 to 125 degree F respectively. The material may contain tramp which is extraneous debris described in Section 3.B.3.c below. (b) Delivery The expected method for delivery is in 3,000 to 6,500 gallon tanker trucks and trailers. The average payload from past experience is 5,500 gallons (about 40,000 pounds). b) Dairy Manure Manure that is scraped or vacuumed from the feed lanes will be delivered to the facility. Some flush water containing manure from the milking parlors and wash pens may also be included with the feed lane manure. Feed commodities, such as undigested hay and corn, are an expected component of the manure substrate. Dairy manure is consistent in physical properties maintaining an approximate viscosity of 110cP at 70 degree F. Delivery of dairy manure will typically be by pipeline or tanker trucks containing loads of approximately 5,500 gallons and/or in vacuum vehicles or bulk solids. c) Foreign Objects Each of the feedstock categories may contain tramp or non -desirable material. Tramp materials typically found in manure streams include: large and small rocks, pieces of steel, concrete, rope, barbed wire, pieces of wood, and straw. Tramp materials typically experienced in substrate streams include: rocks, grit, glass, rope, twine, paper, plastic, bags, gloves, stalks, nuts, bolts, and gaskets/o-rings. These will be removed before going to the digesters, especially any objects that are heavy (e.g., rocks, bolts) and/or harmful to equipment (e.g., rocks, bolts, grit, concrete), Efforts will be made to communicate with the organic substrate suppliers to provide substrates with no foreign objects. Screens, magnets, and other devices will be at the receiving stations to remove foreign objects. These materials will be collected in dumpsters and disposed of at a solid waste landfill. AGPROfessionals. T.T.C. 21 ! IG i lI3Tb{E IZ=L• reblc I.nernw I?csign and {llrcraGtms Table 3.1. Chemicals additives used in digester tanks Chemical Name Description Purpose of Additive Activated carbon Alum Elemental sulfur Ferric chloride Nutrimix 34/32 Polymer Polymer Proprietary Sodium bi-sulfate Sodium hydroxide Sodium hydroxide Sodium hypochlorite Sodium hypochlorite Media adsorbent Coagulant By-product Flocculent Nutrient supplement Anti-scalant Flocculent Media adsorbent Neutralizer pH control pH control Biocide Disinfectant Odorous air scrubber Wastewater treatment Hydrogen sulfide removal Clarifier Hydrogen sulfide removal Wastewater treatment Wastewater treatment Carbon dioxide removal Wastewater treatment Hydrogen sulfide removal Wastewater treatment Wastewater treatment NPW treatment 4. Feedstock Nutrient Analysis Data Information on feedstock to be supplied to the plant is given in tables in Table 3.3 and 3.4. The Table below provides a weighted average analysis of manure and substrate from three digester facilities in operation and maintained in Wisconsin, and the projected analysis of the Facility based on a similar sized Heartland Renewable Energy facility. AGPROfessiQnals_ II C 22 Flt'Jn] II1 R4:i4irsiI It I'iTIC 1)esign uiti O irr:iiionc Table 3.2. Feedstock Nutrient Analysis from Wisconsin and Colorado Digester Facilities Nutrient Wisconsin Colorado Wisconsin Colorado Dairy Dairy Substrate Substrate Waste % Waste % % Phosphorus Potassium Nitrogen Ammonia Nitrogen Moisture Ash Fat Protein Carbohydrates ADF Calcium Copper Iron Magnesium Manganese Sodium Zinc Sulfur Chlorine 0.041 0.0358 0.100 0.037 0.181 0.0722 0.032 0.097 0.254 0.14625 0.357 0.250 0.085 0.04 0.046 0.024 93.389 93.36 80.455 81.857 1.246 1.39 1.280 0.811 0.703 0.23 16.116 13.026 1.590 0.9 2.230 1.461 1.413 2.5 0.475 2.745 2.100 1.6 0.700 0.100 0.118 0.1024 0.105 0.096 0.007 0.0002 0.001 0.001 0.005 0.023 0.024 0.050 0.047 0.0408 0.016 0.007 0.001 0.0013 0.000 0.000 0.094 0.0292 0.173 0.117 0.002 0.0009 0.002 0.002 0.032 0.0234 0.044 0.043 0.086 0.04 0.176 0.055 a) Organic Waste Substrates The organic waste substrates will primarily be fats, oils, and grease (FOG) material. The other organic waste substrates will consist of proteins, carbohydrates and, cellulose. These organic waste substrates will be primarily obtained from food and beverage processors within the area. Other sources may include organic by-products from biodiesel and ethanol production facilities, and pre -consumer material from grocery stores and restaurants. GPROfessi onals_ LLC 23 I lenrllatid Rcncwattic E-:nL€4ti IkSItu ,roil(Mtprattun,flan The general characterization of the organic waste substrates, based upon a similar Heartland Renewable Energy facility: Table 3.3. Organic waste substrate nutrient analysis based upon similar digester facility Nutrient Units Concentration COD mg/L 404,000 BOD mg/L 252,300 TSS mg/L 181,400 VS mg/L 173,000 Fat mg/L 130,260 Protein mg/L 10,500 Carbohydrate mg/L 27,500 Cellulose mg/L 1,000 Volume gallon per 140,000 day Table 3.4. Manure waste with dilution water nutrient analysis based upon similar digester facility Nutrient Units Concentration COD mg/L 50,000 BOD mg/L 31,000 TSS mg/L 100,000 VS mg/L 80,000 Fat mg/L 1,800 Protein mg/L 14,400 Carbohydrate mg/L 28,800 Cellulose mg/L 34,900 Volume gallon per 200,000 day The organic substrates and the manure will be combined/blended in dosing feed tanks prior to being pumped to the anaerobic digesters. The projected proportion of each feedstock in the blend fed to the digesters is: AGPROfcssinnals. LLC 24 lcanland Rcnenubre Energy r1is:�e :e red tp,cratinns Plan Table 3.5. Organic waste substrate nutrient analysis based upon similar digester facility Nutrient Volume Concentration (gallons per day) Percent Volume Feedstock Concentration Vs Concentration (I b/d) Percent VS Feedstock Concentration Substrate Manure+water Combined 140,000-250,000 200,000 340,000-450,000 55 45 100 194,107 109,547 303,654 64 36 100 5. Design Feedstock Nutrient Specification The "Design Feedstock," will be a mix of organic substrate and dairy manure. The feedstock average nutrient specifications are listed in Tables 3.6 and 3.7 for substrate and manure respectively. Table 3.6. Nutrient analysis of organic substrate feedstock properties (as fed to digesters) Proximate Analysis Least Feedstock (% By Weight) Average Feedstock (Feedstock) % By Weight) Best Feedstock (% By Weight) Moisture Ash Fat Protein Carbohydrates 90.00 0.50 8.00 1.00 Balance 81.00 0.80 13.00 1.60 Balance 70.00 1.00 18.60 4.10 Balance Table 3.7. Nutrient analysis of dairy manure feedstock properties (as fed to digesters) Proximate Analysis Least Feedstock (% By Weight) Average Feedstock (Feedstock) (% By Weight) Best Feedstock (% By Weight) Moisture Ash Fat Protein Carbohydrates 95.00 1.50 0.20 0.40 Balance 90.00 1.5 0.25 0.65 Balance 85.00 1.5 0.30 0.90 Balance AGPROfessionals_ LLC 25 IkarikaiRd!{curvi- lAc 1_ntrg. !?csian anal {?lfcravo3ss Tian 6. Feedstock Reception and Handling Materials are accepted only from known generators. All unknown sources will be declined. All organic feedstock deliveries will occur every day of the week (Sunday through Saturday), from 6:00 a.m. until midnight. Up to 70% of the day's feedstock, however, may arrive during normal business hours. Dairy manure deliveries will occur throughout 24 -hours per day, 7 days per week. The majority of the manure volume is expected to be delivered via pipeline and trucks from adjacent dairies within a 6 mile radius of the facility. Confirmation of expected truck sizes and means of unloading (e.g., pump or gravity, type of door opening) are required. All organic substrate feedstock trucks will be weighed upon entry to the site. The organic substrate feedstocks are delivered to the plant in liquid tankers. After weighing, the driver registers the identification of the load using a pre -coded swipe card and is automatically directed to an unloading dock. This area is equipped with signage, via a traffic management system, whereby the truck driver is directed to a specific unloading dock and pumping station. Liquid organic substrate tanker trucks will go to a multiple -bay unloading station. Feedstock receipt, handling and recovery areas are designed in a series of lanes. Each lane is designed to receive a specific category of feedstock, which is defined by organic strength and moisture content. The selection of unloading area/pump is based upon the following combination of parameters: • Feedstock type • Historic analysis from the supplier • Moisture content results based on random sample analysis from that supplier Substrate providers are assumed to maintain physical characteristics of the feedstock over time. Therefore, each long-term supplier will be allocated a default substrate storage tank in which to unload, unless otherwise directed by the Operator. Feedstock lanes deliver inputs from storage into dosing tanks. Segregation of feedstocks allows for precise nutrient balancing, achieving the desired nutrient blend delivery to the dosing tanks. Manure is relatively consistent in nutrient content. As such, manure receipt does not require multiple storage areas for different quality materials. All manure will be delivered to the active manure receiving pit. The manure receiving pits will be equipped with a human machine interface (HMI) to log in driver, which farm, time of delivery, liquid or solid, and approximate volume. Manure will be fed to the dosing/feed tanks directly. The Layout for Feedstock Handling is given in the Process Flow Diagram, Sheet 2 (See Appendix O). AGPROfgssionals, l_I,C 26 I leautland kenew3hle 1--ncrg% I)ctiiee3 ,end U ru�icaux I'I,ul 7. Sampling a) Feedstock Sampling Feedstock characterization is needed to determine the blends for feeding the digesters. Characterization is also needed to determine if additional nutrients are needed for a healthy digester system. Detailed sampling procedures are provided (See Appendix R). Sampling will be performed to determine the quality and nutrient content of any feedstock, including manure. Sampling of each feedstock will also be conducted periodically to confirm that its characteristics are the same as the assumed characterization. Provision for random manual sampling of the substrate and manure is to be incorporated within the unloading area. b) Substrate and Manure Analysis A sample of nominally one liter is taken manually by the Operator or Driver unless a full characterization sample is required. Full characterization requires at least three one -liter samples (laboratory specific). The Operator labels the samples for laboratory analysis. The samples are taken manually to the onsite laboratory. The sample is tested for moisture content onsite. The feedstock may be analyzed onsite for Chemical Oxygen Demand (COD) and Volatile Solids (VS). Full characterizations will be sent off -site to a commercial laboratory utilizing approved standard methods. Minimal analysis: Level 1 • Moisture content (% moisture) • pH (not required for manure) Operational analysis: Level 2 • Moisture content (% moisture) • pH (not required for manure) • COD • VS • TSS ACiPROfessionals, t.[.C 27 !C7Enninnl. I;ci1( ibI i:nur UtSiin Lind Uper IEa,ns PI;kn Characterization analysis: Level 3 • TCOD • SCOD • TS • TSS • TVS • TSVS • pH • FOG (and type if possible) • Carbohydrates • Proteins (and type if possible) • Cellulose • Hemicellulose • Macronutrients (TN, TKN, NH3-N, TP, ortho or reactive P) • Micronutrients (Fe, Sulfide, Co, Ni, Zn, Mn, Mo, Se, Bo) • Other parameters as warranted (e.g., calcium, total and bicarbonate alkalinity, toxicity) C. Feedstock Handling, Storage, Tanks and Flows 1. Feedstock Unloading The driver will back into the spill containment area, connect to the designated unload hose and pump out the tanker. Manure, whether liquid or dry, will be placed into the designated manure pit. There are two manure pits. The non -active manure pit will be simultaneously cleaned and prepared to become the active manure pit. Both manure pits can be used if additional storage is required. 2. Truck Washing No washing of organic substrate or manure delivery trucks, liquid or solid, will be conducted at this site. Wheels will be cleaned sufficiently at a level necessary to not allow tracking of material off -site. The unloading areas are designed to allow loads to be delivered without substrate fouling the delivery trucks. Any minor amount of substrate on wheel tracks will be voided onsite during travel down a 0.3 mile drive prior to entering County Road 49, 300 feet of which is a paved driveway. a) General Tank Design The following design parameters are universal for all tanks (substrate, dosing and digester tanks): All tanks will be mechanically mixed for a complete mix condition (i.e., spatial variation of less than 10% of any selected parameter). The tank covers will have at least one mushroom vent sized for venting maximum liquid level rise or fall with bird/bug screening, large access way two sample ports perimeter handrail, and one spare nozzle of each size nozzle. The tank sidewall will have a minimum of one access man way (minimum 24 inch diameter), one spare nozzle of each size nozzle, and drain nozzle with valve. Other nozzles and connections in the cover and sidewall will depend upon type of mixing, heating, and instrumentation. ACPROfessionals, [ .LC' 28 I kali. and 16. -ti xi. hlc I ncrt' I }esign a bij i } cratmns Finn 3. Tanks Table 3.8. Facility Tank Inventory Stored Material Substrate Tanks Tank Quant. Size No. 1 to 3 28'Dx23'H Dosing Tanks 1 to 3 3 Digester Tanks Manure Pits 1to5 5 1 to 2 2 Effluent Pit 1 Total Volume per Tank (gal) 180,000 12' D x 16' H 12,000 67'Dx50'H 40'Lx50'W x 12'H 40'Lx50'W x 12'H 1,290,000 179,520 179,520 Type Bolted or welded steel, epoxy lined, steel roof and floor with concrete underlay Bolted or welded steel, epoxy lined, steel roof and floor with concrete underlay Bolted or welded steel, epoxy lined, steel roof and floor with concrete underlay Concrete pits Concrete pit b) Feedstock Holding Tanks/Pits 1. Liquid Substrates Once the truck has been routed to the appropriate offload area and pump, the driver will connect to the offload pump using flexible hose and connections. If the truck has its own unloading pump, then the driver will connect to the designated unloading pipe. Truck loads determined to be of high or low organic strength will be pumped to one of three substrate heated storage tanks. The substrate storage tanks will be aboveground and have covers. Each substrate tank will have minimum working volume (tank volume minus minimum 2 -ft freeboard and maximum low level for mixing or heel due to pump suction) of 180,000 gallons. Substrate tanks will be heated and maintained at a temperature range of 125 to 135°F. ii. Manure Manure will be deposited into one of two receiving pits. Water and/or recycled effluent will be added to make a pumpable slurry. Manure will be mixed and pumped to the dosing tanks. There will be no temperature control in the manure pits. Both pits will be mechanically mixed for a complete mix condition (i.e., spatial variation of less than 10% of any selected parameter). c) Dosing Tanks Dosing tanks will be aboveground, jacketed tanks sized to contain sufficient feedstock for three batches at the design feed rate. Dosing tanks will be heated and maintained at a temperature range of 120 to 125°F. The dosing tank will be mounted on a weigh cell of approximately 12,000 gallon working capacity. Dosing tanks will be equipped with both a mixer and AGPROfessinnals. i.1.C 29 I Icarllafd Renc3.,,hlr Eyler ^N. 1112ti 2a:Ind { 11�er;li�nilti !'lun centrifugal chopper pump. Dose tanks are also equipped with a hatch opening on top allowing feeding of other materials or digester aids, if required. Tank sizing, storage time and calculations are included (See Appendix S). i. Feedstock Feeding Organic substrates and manure will be pumped to one of three designated dosing tanks in pre- determined volumes to comprise a batch. The goal is for each batch to contain a similar quality of feedstock with similar nutrient analyses of fats, proteins and carbohydrates content. Other batch parameters of key importance include moisture content, BOD and COD. Under normal operations, the same volume of material from each substrate tank is expected to be added to the dosing tank (i.e. FOG, low strength substrate, high strength substrate and manure slurry added at constant volume ratios). This is possible because the characteristics of each substrate tank are expected to remain reasonably constant. The Operator will set the required mass dose of manure and specific substrate for each digester daily. As a batch of blended feed is called for by one of the five digesters, the dose tank will fill according to the pre-set mass amounts of manure and specific substrate. The dose tanks will heat, mix and chop the blended manure and substrate for approximately one hour. Once the dosing tank is full, a sample from the completed batch will be taken for nutrient confirmation testing. After the dosing tank has been approved for feeding by the Operator, the dosing tank will then become activated to pump the blend to the digester calling for input. Digesters are fed by one dosing tank at a time. Other dosing tanks will be receiving feedstock in preparation for the next batch or awaiting approval for the next offloading session. Digesters will be fed based upon quality and expected biogas production of the feedstock. Mass will be converted into volume feed rates. The levels of feedstocks in substrate tanks and manure pit will be secondary control parameters. Feedstock levels may trigger the feed rate to be increased up to a maximum set point to avoid overflowing the tanks or manure pits. Containment calculations are included (See Appendix S). ii. Dosing/Feed Tank Cleaning Each dosing/feed tank will require, quarterly, a hot water wash down to remove build-up of material on the interior of the tank and mixer blades. Operation experience will dictate whether more or less frequent wash -downs are necessary. Tanks will be visually inspected for integrity during wash -downs. d) Anaerobic Digesters i. Design The anaerobic digesters are continuously stirred tank reactors (CSTR) operating in the thermophilic (120 - 125°F) range at a pH range of 6.8 to 8.0. The project consists of five above ground, covered, insulated digester tanks approximately 67 feet in diameter and 50 feet in height, each providing 1.2 million gallons of working volume AOPRf7fessionals. 1.1.C 30 1 lean Uhl I enttitiul1c I:rnrgr Ih1sIs!!a site! ( I ralpons I'lttn (with 2 -ft freeboard). The tanks will be welded carbon or epoxy -coated bolted carbon steel tanks. Each digester tank will have a minimum 2 -ft freeboard. All tanks will be mechanically mixed for a complete mix condition (i.e., spatial variation of less than 10% of any selected parameter). The mixing system has the ability to turn over (completely mix) the contents of the digester within one hour when the digester is at its maximum liquid and MLTSS levels. The mixing system is capable of mixing the digester down to a minimum level of 20% of maximum liquid level (assumed to be at a maximum of 8 ft). The proposed mixing system is a single shaft, top entry mixer with multiple impellers. Interior tank baffles will likely be needed to achieve good mixing. If an alternative mixing system is utilized, digester dimensions may differ. The tanks will be heated and maintained at a temperature range of 120 to 125°F. Heating will be provided by utilizing internal hot water heating coils in each digester. Several temperature control zones will be provided at specified heights within each digester. Digester tanks will be monitored by instrumentation for biogas pressure and liquid level, pH and temperature at multiple levels within the tank. Tank walls will be insulated with exterior siding. Mixed liquid temperature will not change by more than 2° F per day from the set point when at the ASHRAE (American Society of Heating, Refrigerating and Air -Conditioning Engineers) winter design temperature. The digester tanks will be protected from over pressurization by pressure and vacuum relief valves. Other nozzles and connections in the cover and sidewall will depend upon type of mixing, heating, and instrumentation. ii. Digester Tank Leak Detection Digester leak detection will be provided by visual inspection of each digester daily. The digester tanks rest on secondary containment which is constructed of 60 mil HDPE liner overlaid with a protective earthen blanket. Documentation of these inspections will be placed in the facility's operations records. If liquid is discovered between the digester and the HDPE liner, it will be sampled for evidence of material from within the digesters. The facility operator will provide written notification to the Division within seven days of discovering liquid in the leak detection system. If this sampled liquid is found to contain any material from within the digesters, a report summarizing the management of the liquid from the leak detection system, including volume of liquid removed, analytical test results, and liquid disposition, will be drafted. The report will also include repairs performed on the leaking vessel. The report will be provided in writing to the Division within thirty days of receiving analytical results or completion of the repairs. iii. Digester Tank Cleaning It is estimated that the digesters will require cleaning every 5 to 7 years. Actual time frame will depend upon the amount of sand and grit in the feedstock, scale generation and deposition, and mixing effectiveness. iv. Upset Conditions Organic overloading is the primary cause for upsetting the digester system. The primary indication of overloading is when volatile fatty acid (VFA) counts increase above normal operating ranges (to be defined later). VFA counts for each tank will be calculated and AGPROfessionals_ LLC 31 Itarilartd Renen:thle tncrgti' [iumi2 rind ()pestlinnti P1:Eir monitored. The biomass contained within the anaerobic digesters undergoes a series of biochemical processes as the anaerobic bacteria digest the organic material during an average hydraulic retention time (HRT) of approximately 15 days. The digesters are living systems, similar in many ways to the rumen of a cow, and can be upset by an imbalance in the system. Each of the five digesters will be operating in parallel and independent of each other. In the event of an upset, the digesters do not stop the biological process. The production of biogas can slow over a period of days if no new feed stocks are added, the pH is not adjusted as needed, or other appropriate action taken. The control system will be used to monitor the conditions within the digester via alarms to indicate when parameters are out of range to prevent such upsets. v. Start-up Process For the anaerobic digesters, seed sludge, from the Covered Lagoon (Phase 1) other similar systems, and manure will be placed into the digesters. The goal will be for each digester to reach design load within 60 days of starting to receive feedstock. With five digesters, start-up will begin with two digesters. Once these tanks are stable, the remaining three digesters will begin start-up. Whether the remaining three digesters begin start-up after the first two digesters are at full -load will depend upon available seed sludge from other facilities and from the first two digesters. Start-up for the biogas conditioning system will begin when sufficient biogas is generated to meet the minimum input requirements. Volume of biogas that will be required for system functionality is expected to be between 30 and 50% of design capacity. Until this volume is reached, all biogas will be either flared or utilized in a boiler for heating digester tanks. Supplies and services needed during start-up include water to fill the digesters, heat source (e.g., hot water boiler), and pilot fuel for the flare (e.g., LP tank). D. Summary of Operational Systems Onsite operations include a water treatment system, a solids dewatering system, gas processing system, and operations systems. Details of Equipment are provided (See Appendix T). Each process system is summarized below: 1. Water Treatment System: Digestate from the anaerobic digesters will flow to a solids separation and dewatering system consisting of two centrifuges; the centrifuges separate the solids from the effluent. The digestate will flow into an effluent buffer pit which serves as a throughput for storage capacity entering the centrifuge process. If one centrifuge is out of service for repairs, the other centrifuge will maintain effluent processing of the entire effluent volume in 24 hours. Otherwise, if both centrifuges are in operation, the required volume will be processed in 12 hours. Approximately 350,000-450,000 gallons per day (gpd) of effluent will be generated. Approximately 174,000 to 250,000 gpd of the effluent will be diverted to a synthetically lined, covered digester lagoon for further processing and gas collection with the remainder of the generated volume being recycled to the digester tanks. AGPROfessional5. II 32 I E4'",utlihsul ]{ant;..,aliic I;i14r1r llcsi 13Eu1 (Von -lawns Plan 2. Solids Dewatering System: After separation in the centrifuge, dewatered, digested solids will be conveyed to the solids storage area via belt conveyor. The dewatered solids storage building is partially enclosed with a non -permeable floor. The storage area provides 24 hours of storage before being transferred to the Soil Amendment Storage area. 3. Gas Processing System: The gas processing system discussion is incorporated into Section 4.C below. 4. Equipment Building: The Equipment building will include the following rooms, areas and equipment: office, boiler pumps, shop/maintenance, electrical and motor center, restrooms and laboratory. The office will house the facility's supervisory control and data acquisition (SCADA) system. The laboratory will have the capability to monitor volatile fatty acids (VFA), bicarbonates, partial and total alkalinity and may include an inductively coupled plasma mass spectrometer (ICP-MS); a gas chromatograph (GC); and other instrumentation as required to analyze various feed stocks, blended sludge, digester contents, digestate, solids processing system, water recycling system, and gas processing system. Sanitary waste will discharge to an on -site commercial septic system. AGPROfessionals, LLC 33 flcon and Kcncw;ihle I:nerer I)L I n ;Al OSI0ruioii. Plait 4. Outputs A. Solids Materials Digestate is pumped from the digesters approximately once per hour. The effluent is temporarily collected in the effluent buffer pit awaiting separation in one of two centrifuge separators. Liquid centrate from the centrifuge will be pumped to the covered lagoon. Dewatered solids will be collected on a solids separation pad for a holding period of approximately 12 to 24 hours. The anticipated dry matter of the digestate will be approximately 25 to 35% and there will be no `free water' leachate from this product when conveyed to a proposed soil amendment storage area. A separate stand-alone low permeability pad Work Plan will be submitted under separate cover to the Solid Waste Division of the CDPHE and WCDPHE for review and approval. After the solids become finished according to Section 14 compost regulations, the product will be marketed as a finished compost. If the quantity of the compost surpasses storage capacity, HRE will transfer compost to an approved Class I Composting Facility in accordance with compost regulations. Should land application of unfinished digestate become necessary at some point in the future, prior to land application, a Beneficial Use Determination proposal will be submitted to the Solid Waste Division for approval under Section 8 regulations. The proposal would detail analytical characterization for Total Elemental Analysis and/or Analyte Mobility Analysis for required constituents. The sample would also be analyzed for the proposed use of land application as a soil amendment. B. Liquid Materials Liquid output for this facility is effluent water recovered from the digester tanks. The process water from the digester operations will be stored in lagoons for further gas collection followed by evaporative and soil amendment applications. Any digestate recovered from the leak detection system will follow the contingency plan specifications and be re -introduced to the digestion process. 1. Covered Lagoon Liquid pumped from the solids separation area will enter an ambient temperature unmixed in - ground flexible membrane -covered lagoon. The estimated dimensions of the lagoon are 325 ft long by 465 ft wide by 12 ft water depth. The estimated lagoon HRT (Hydraulic Retention Time) will be about 25 days. Lagoon liquid will be pumped to a storage lagoon system. Biogas produced by the lagoon will be transferred by biogas blowers to the main biogas header entering the gas conditioning pad. The cover will be composed of a flexible membrane that will float on top of the liquid contents. The flexible membrane cover will be capable of being removed for cleaning the lagoon. Biogas will migrate to biogas collection spaces at the perimeter. Optionally, some biogas may be collected on the surface in biogas "trenches" that are used under the cover. The covered lagoon will be operated at a slightly negative biogas pressure, about minus 0.5 inches we (water column AGPROfession_gls. LLC 34 I I. irIland Itcr,exvshlc Energy E)c'ymn:3,ntl (jj� n:i!Lso.ns I!I;u3 inches). Biogas pressure will be controlled by the biogas blower(s). The lagoon contents will not be heated other than by the influent. The temperature of lagoon contents will range from 60 to 110°F. Other nozzles and connections in the cover will depend upon piping connections and instrumentation. The covered lagoon will be monitored by instrumentation for liquid level, liquid pH, liquid temperature, and biogas pressure. The covered lagoon will be protected from over pressurization by pressure relief valves and via vacuum by vacuum relief valves. The lagoon is estimated to be cleaned of settled solids every 7 to10 years. C. Biogas Generation Water saturated biogas is discharged from the top of digesters to the collection and delivery manifold system. The biogas collection system will use sloped collection lines and condensate recovery. The biogas is compressed for delivery into the Biogas Upgrading System (BUS). The BUS acts upon the biogas to separate CO2, H2O, H2S and other impurities in the biogas from the methane. The separated methane is sent through a unit to remove any residual oxygen and then to the pipeline. Residual gas, composed of mainly of CO2, N2 and a small percentage of H2S is sent through a biological scrubber for H2S removal. Clean methane goes downstream separately from the tail gas, is dehydrated as may be needed to meet pipeline quality requirements, compressed to pipeline pressure (up to approximately 1200 psig), then cooled to 120 degrees F after which this methane is injected into the Colorado Interstate Gas Pipeline. Biogas not utilized by the BUS is diverted to a flare system for incineration. Biogas pressure in the digesters is controlled by diaphragm -type back pressure regulators connected to the flare system. The projected biogas production at 64% CH4 content (from the anaerobic digesters only, not including the downstream anaerobic lagoon) is 6,400,000 scfd (standard cubic foot of dry gas). At an estimated LHV (Low Heat Value) of 565 Btu/ft3 of biogas results in the production on average of 3,600 MMBtu/d. Since biogas methane composition can reach 67% and the gas clean up system is expected to reach a capacity factor that may lead to greater gas recovery, average gas production may approach 4,000 MMBtu Id. AGPROfessionals_ LT.C 35 Ikartl:inrl Reneti+alile I:ni }_ Design mid 17ncrninns I'laii 1. Biogas Characteristics As the feedstocks in the slurry mix are digested, they produce a biogas that is comprised of primarily methane and carbon dioxide, with minor contributions of hydrogen sulfide, water vapor and particulate matter. Raw biogas from the digesters will have the following characteristics: Table 4.1. Biogas Characteristics Parameter Units Design Point Range SCFM 4,500 % Volume 62 % Volume 32 % Volume 5 Biogas Flow CH4 Concentration CO2 Concentration H2O Concentration H2S Concentration ppm 1000 Biogas Density lbs / SCF 0.077 Heat Value (LHV) BTU / 565 SCF Digester Pressure in. of W.C. 10 Digester/Biogas Temperature °F / °C 125 / 52 1,500 — 5,500 55 - 70 30 - 50 0 to 7.5 (saturated at 125°F / 50°C) 0-4000 0.065-0.080 500-700 5-20 120 -130 2. Biogas Handling and Conditioning a) General Biogas produced by the digesters will be collected via a biogas header. Pressure will be provided by the digesters themselves. Biogas produced by the covered lagoon will be removed by a blower system and then discharged into the biogas header line. Pressure regulation/control will be required to match the digester operating biogas pressure and the covered lagoon blower discharge pressure. Sediment traps, condensate collection tanks, and/or drip traps will be located at low points in the biogas collection laterals as well as the header, b) Biogas Handling and Conditioning for Sale The gas processing system will collect biogas from individual digesters and produce pipeline - quality methane by subsequent removal of unwanted components in the biogas. Normally, the collected biogas will go to the gas conditioning or gas treatment and compression system. The BUS will be used to remove water, carbon dioxide, and H2S contaminants in the biogas. In the BUS system, water vapor as well as H2S, siloxanes, VOCs and CO2 are removed to meet the quality requirements of the RNG purchaser. The RNG will then be compressed to meet the pressure requirements of the RNG purchaser. The BUS and compression system will be fully automatic. The RNG quality and pressure requirements of the RNG purchaser are given in the table below AGPROfessionals_ LLC 36 I IL' rtlantl Runct4ahlt-I iierti; Iksru❑anti,( 7erilutuns Phan Table 4.2. Conditioned Sales Gas Pipeline Specifications Gas Concentration Units Pipeline Specification CH4 Concentration % mol CO2 Concentration % mol H2O Concentration Lb/mmscf H2S Concentration PPM O2 %mol N2 % mol Inlet Pressure (to be confirmed) Psig Inlet Temperature F >97.5 <1 <7 <4 <0.1 n/a >1000 60-100 Prior to sale to the RNG purchaser, the RNG will be automatically monitored at least for Btu value, H2S, moisture, and pressure. Compressed RNG flow will also be monitored. If any of the quality requirements are not met, a valve will close, the RNG compressor will be stopped and all RNG will be diverted to the biogas flare. Tail gas or vent gas from the BUS will be sent to a biological scrubber to remove H2S. Blowdown from the H2S scrubber will contain H2SO4 in liquid form and will be pumped to the existing onsite storage ponds. Blowdown from the scrubber system is a small fraction of the total water directed to the lagoons. A multi -stage reciprocating compressor will boost the resulting dry gas (clean methane) pressure to as high as 1200 psig prior to discharge into the Interstate Pipeline tap (the tap includes valuing, control equipment, and a gas flow meter provided by the pipeline operating company through which the clean methane passes as it enters the pipeline). c) Biogas Disposal In the event that the RNG does not meet the RNG purchaser quality requirements, the biogas conditioning system is not in operation, or there is excess biogas, biogas will be sent to a flare. The biogas flare will handle 110% of design biogas flow with a destruction efficiency to meet the air permit requirements. The flare will be fully automatic with automatic ignition (using pilot fuel) and have minimum online monitoring of inlet pressure, pilot status, pilot fuel inlet pressure, and flame temperature. The pilot fuel will be natural gas, RNG or LPG (Liquefied petroleum gas). The system consists of a valve and piping skid, 5-adsorber vessels and separately skid mounted vacuum pumps. Buffer tanks are to be placed on certain lines to provide surge volume for smooth flows. AGPROfessionals. LLC 37 Ilearilnrnt Reneuailic I itcrt I)csiwi inci()Aerations flat' D. Byproducts 1. Sulfur H2S (hydrogen sulfide) is created in the biogas production from the digesters. Based in part on analyses of feed materials and water that will be used in the digester system's operation, HRE expects the biogas exiting the digesters to contain on average of 800 parts per million (volume basis) of hydrogen sulfide. 2. Carbon Dioxide The carbon dioxide, a primary component of the biogas generated is extracted from the methane after a compression process. The BUS successfully removes the majority of the CO2 from the biogas and produces only a small portion of CH4 in the residual gas. The composition of the residual gas after being passed through the biological scrubber (approximately 1.3% CH4 and 25.3% CO2, and minimual H2S) allows for release to the atmosphere without further control. 3. Process Heating Hot water for heating the anaerobic digesters, dosing/feed tanks, and substrate storage tanks will be provided by a total of one or two boilers. The boiler(s) may use LPG, NG (natural gas) or RNG as fuel. Hot water temperature should not exceed 150°F when used in a hot water to liquid exchanger, or when used in a radiant heater, to minimize "cooking" the biomass or organic substrates on the heated surfaces. Heating the digesters will be accomplished utilizing internal hot water heating coils. Hot water will be in a loop system with hot water from the boiler(s) going to the substrate tanks, dosing/feed tanks, and anaerobic digesters (hot water supply) and the "cooled" water (hot water return) will be returned to the boiler(s). Makeup water will be added as needed to replace blow - down and other losses. Chemicals will be added for corrosion control. The heating system will be designed for both the minimum summer heating load and the maximum winter heating load. Summer and winter ambient temperatures will be as defined in the applicable building codes or in ASHRAE. The maximum winter heating load will have a 10% safety factor added. E. Materials Storage 1. Gas The total volume for containment of material within one digester is calculated to be approximately 1,280,000 gallons which will produce a total of 6,400,000 scfd (standard cubic foot of dry gas) for five digesters. The total amount of biogas generated daily is projected to be approximately 7 times the volume capacity of the digesters. Under normal operating conditions the biogas that is generated will be withdrawn and processed for delivery to the gas pipeline at a rate such as to maintain the total volume and containment pressure within each digester at near constant values. AGPR(lfessionals. TIC 38 I k orilu tsi I1 l I ;Ind fl cricioim No conditioned renewable natural gas will be stored at the facility. 2. Soil Amendment The facility is projected to produce up to 400 cubic yards of soil amendment per day at 70% moisture. The amount produced is dependent on the efficiency of the system in converting biomass to biogas. The facility expects to have up to 3 months of inventory depending on time of year due to the seasonal variation in demand for the product. Total inventory onsite would average approximately 36,000 cubic yards. The soil amendment is planned to be sold as a finished compost, including selling in bulk to large agri-products businesses that have developed distribution channels for related materials, or on farm applications. The site layout plan depicts specific location(s) of soil amendment storage area(s). Also included in the appendices are several sample analyses of the amendment, taken from similar digester facilities. The sample labeled PT1 is a wet soil amendment and PT2 is a dry soil amendment (See Appendix U). Ac pROcessimatg_ l I C 39 I Ic.hltHind R nLxruhli Lncrar IT icn and l Fp:rations Mar 5. Other Permits / Agencies A. Weld County Special Use Permit #1704 and Certificate of Designation Granted July 21, 2010 • Resolution for permit #1704 stated by the Board of County Commissioners of Weld County, Colorado, that the application of Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC for a Site Specific Development Plan and Use by Special Review Permit #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, in the A (Agricultural) Zone District, including the Certificate of Designation on the parcel of land described above be, and hereby is granted subject to listed conditions. • All required local permits will be applied for and conditions outlined in the above USR be satisfied prior to facility construction and/or facility start-up. B. Water Quality • NPDES General Permit, Industrial Discharge Permit or a beneficial reuse permit as applicable. C. Air Quality Permits • Air Pollutant Emission Notice (APEN) and Application for Construction Permits. • Self -Certification for compliance and application for a final approval permit. 1. Expected Air Permit Type: Minor Source Air Permit The Weld County Heartland Anaerobic Digester Project is projected to be a minor source of air emissions, and is anticipated to require a minor source air permit. Colorado regulations note that an air emissions source is minor if it can be proved that emissions of criteria air pollutants will be less than 100 tons per year (http://www.eea-inc.com/rrdb/DGRegProject/States/Newsite/ COrevised.html#emission). The APEN application is being submitted to the Air Quality Division for approval concurrently to the Engineering Design and Operations Plan. D. Colorado Department ofAgriculture The facility will adhere to the CDA's testing and labeling requirements as applicable for compost or soil amendments. AGPROfessionals l.I_C 40 i I�arllarid! Reiin ahlc Hew.' I'k yen kind (7ptraIinns; Tian 6. General Operation A. Employees/Staffing 1. Employee Training All facility personnel will acknowledge review and understanding of the Design and Operation Plan and will dutifully follow the requirements set forth. Facility personnel will meet all respective safety training requirements as established by Heartland Renewable Energy, LLC, and the facility operating company, and the Occupational Safety and Health Administration. All staff will be required to pass a drug test and background check, as well as have a valid driver's license with a good driving history. Staff will be required to have the training/licensing before operating any mobile equipment and other specialized handling and processing equipment. Facility personnel will be required to participate in routine safety training related to facility operation and materials handling. 2. Staffing a) Staffing Requirements for Daily Activities Daily activities will consist of: • receiving, storage and processing of waste streams • maintenance and repair of all equipment • shipping of by-products • record keeping/monitoring of operations The maximum staff loading will be on the day shift when most onsite materials handling of the soil amendment, materials for recycling or disposal, and scheduled maintenance and repair of equipment will be performed. Management, administration, laboratory, substrate coordination are also expected to occur during the 8 hour day shift. All other staff will be on 12 -hour shifts and cover both day and night shifts. AGPROfessionals_ LLC 41 I Irutl,rnd Rcncxa6lc hiClaa I)csien And (lnoralinns Plan Activities on the site will occur 24 hours per day, 7 days per week, and 365 days per year. The estimated staffing levels are as follows: Table 6.1. Staffing Requirements Personnel Day Night Plant Manager 1 0 Shift Charge Engineer 1 1 Plant Operator 1 1 Spare Operator 1 0 Maintenance Team (fitter, 1 1 welder and electrician) Feedstock Operators 1 (extended day Mon —Fri, 0 Sat am) Sample Lab Technician 1 (part time) 0 Plant Administrator/Substrate 1 0 Coordinator Maintenance Manager 1 0 The following is the total projected facility staff with job classification and description of responsibilities. Number of employees onsite on a daily basis is expected to be approximately nine employees, and allowances are made for day -off schedules. i. Plant Manager The Plant Manager develops work schedules and records of work activities, procedures, and guidelines for material receiving, scheduling of materials delivery, materials processing, and treatment and maintenance operations. The plant manager maintains and enforces facility policies and procedures, and environmental standards and compliance. This position supervises the operations and maintenance of the facility. The Plant Manager is responsible for directing and supervising personnel to ensure the facility is operated and maintained in a clean, safe and efficient manner. Required: Three years working as a Plant Manager in the power, wastewater or waste to energy field. Bachelor's degree in engineering or equivalent experience in the field. ii. Shift Charge Engineer The Shift Charge Engineer serves as the Plant Manager's representative during periods when the Plant Manager is off -site. This position directs activities of Plant Operators and Materials Handlers and serves as Plant Operator in the absence of said Operator. The Shift Charge Engineer trains shift personnel in safety procedures, equipment use, and facility operations. The Shift Charge Engineer is responsible for enforcement and administration of lockout/tagout procedures, confined space entry program and monitoring, as well as other safety and environmental requirements to assure safe working conditions. This position monitors the facility operation control system and takes corrective action as required to maintain facility AGPROfessionals, LLC 42 i land Renewable I'i creti' I)csiDn Ord C]rsiratunis Plan operation in safe condition. The Shift Charge Engineer performs other administrative duties such as conducting performance appraisals, disciplinary forms, accident and equipment damage reports, approval of timesheets, and documentation of attendance and tardiness, materials control documentation, and maintenance of facility security. He/she maintains an accurate log of facility operations, activities, and events. Required: Five years experience in the field with at least 2 years working as a plant supervisor. Associates degree or equivalent experience preferably in the wastewater, waste management, or waste to energy operations. iii. Plant Operator The Plant Operator reports to the Shift Charge Engineer. This position requires mechanical and observation skills sufficient to perform varied mechanical tasks safely. Responsibilities include monitoring, and safely operating equipment used to receive and process feed materials including augers, grinders, pumps, mixers, mixing tanks, heating systems and heat exchangers, valves, and sieves. The Plant Operator monitors and safely operates equipment to dewater/clean soil amendment and grit. The Plant Operator performs scheduled maintenance on digester system including repairing valves, sensors, gas flaring system, and dewatering equipment for soil amendment. Additional responsibilities may include regular inspections of gas compression, and other equipment and implementation of repairs by service technicians as required. The Plant Operator may perform other duties as required and may relieve the Shift Supervisor of control room operation when required. Required: High school diploma and skills and technical knowledge of water, wastewater treatment, or waste to energy facility operation attained by specialized courses and on-the-job training. One to two years directly related work experience in water, wastewater, or waste to energy operations. May require certification in water, waste treatment specialty, or other specialty. iv. Spare Operator The Spare Operator reports to the Shift Supervisor. This position is responsible for maintenance of the wastewater treatment system including preventative maintenance and repair of equipment, monitoring of water quality and chemical treating, as well as water storage systems and laboratory testing of incoming materials. This position ensures all water related systems are operating safely, efficiently, reliably, and in compliance with state and federal regulations, and protection of employee and public health and safety. The position may include other responsibilities such as those of Plant Operator — Mechanical as directed by Shift Supervisor. Required minimum qualifications: High school diploma and skills and technical knowledge of water or wastewater treatment facility operation and maintenance attained by specialized courses and on-the-job training. One to two years directly related work experience in water, wastewater, or waste to energy operations. May require certification in water or wastewater treatment specialty. AGPROfessionals_ LLC 43 YleariLarid l:ricrav v. Maintenance Team I) .iGii nn+ Uiieralitms. I;m Reports to Shift Supervisor. Responsible for maintenance of all operational systems within the facility including preventative maintenance and repair of equipment. This position requires proficiency in the assembly and adjustment of machinery, welding and operations and repairs in electrical equipment. Required: High school diploma with skills and technical knowledge attained by specialized courses and on-the-job training in the operation of specialized equipment. May require training and certification related to operation of specialized equipment. vi. Feedstock Operators Reports to Shift Supervisor. Assure orderly and safe transfer of feed material from haulers to storage tanks or containment vessels. Load trucks/containers with waste materials for recycling or disposal. Windrow soil amendment for drying and operate equipment for turning and processing material as well as load trucks transporting finished "dried" soil amendment to customer. Assist with general maintenance duties at facility including washing down and cleaning equipment, grounds maintenance, collecting samples for testing and calibrating equipment. Perform other duties as instructed by Shift Supervisor. Required: High school diploma with skills and technical knowledge attained by specialized courses and on-the-job training in the operation of specialized equipment. May require training and certification related to operation of specialized equipment. vii. Sample Laboratory Technician Performs laboratory tests in order to produce reliable and precise data for quality and nutrient content analyses, carries out routine tasks accurately and follows strict methodologies to carry out analyses. Receives, labels and prepares samples. Maintains and operates standard laboratory equipment such as centrifuges, drying ovens, titrators, pipetting machines and pH meters. Stocks laboratory supplies. Records results and reports information to supervisors. Uses computers and performs mathematical calculations for the preparation of data and graphs. Follows strict safety procedures and safety checks. Required: High school diploma with skills and technical knowledge attained by specialized courses and on-the-job training in the operation of specialized equipment. May require training and certification related to operation of specialized equipment. viii. Plant Administrator/Substrate Coordinator Procures and coordinates deliveries of feedstock inputs. Manages input volume flows of feedstock and plans for balanced flow based on digester rate of functioning with supply and demand of feedstock commodities. Required: High school diploma and skills and technical knowledge of water, waste water treatment, or waste to energy facility operation attained by specialized courses and on-the-job training. One to two years directly related work experience in water, wastewater, or waste to energy operations. May require certification in water, waste treatment specialty or other specialty. ACiPP lfessionals, 44 I tcortI lad Rcne+sable l:ncro. E3csign :and { fhernlrnns Plan ix. Maintenance Manager Oversees and coordinates the essential functions of the maintenance team. Schedules preventative maintenance for all facility equipment, cleaning and light repairs, and work orders. Coordinates major repair work with third party contractors. Supervises maintenance team employees and coordinates with Plant Manager on safety training and facility operations timing. Required: High school diploma with skills and technical knowledge attained by specialized courses and on-the-job training in the operation of specialized equipment. Two years Supervisory experience required. May require training and certification related to operation of specialized equipment. B. Civil Engineering The facility includes one building with maintenance/workshop, office, laboratory, control room, personnel locker rooms, and bathrooms and one building for the MCC (Motor Control Center) and other electrical equipment. Buildings will be either pre-engineered metal buildings, constructed of concrete masonry units or precast concrete. Building materials in corrosive areas will have coatings suitable to prevent deterioration. All buildings include required and customary HVAC (Heating, Ventilation and Air Conditioning), fire protection, lighting, electrical power and communication systems. The facility buildings will have a modem commercial building architectural finish. Shelters (roof and floor but no walls) will be provided for substrate unloading and dewatered solids storage. The shelters will be constructed of metal with protective coatings suitable for corrosive areas. The shelters will have adequate lighting and electrical power. The concrete floors will be designed for heavy truck traffic. Roof heights will be adequately designed to allow dump trucks, tanker trucks, and rubber -tired front end loaders to maneuver within the structure. All facility roads will be compacted gravel, suitable for the anticipated truck traffic volumes. Designs will plan for the efficient and safe movement of vehicles and pedestrians on the site. On -site parking for employees and visitors will be provided in gravel paved parking areas. Vehicular pathways are planned to occur in one way traffic flows. Feedstock truck traffic areas will be segregated from light vehicle traffic flows. Substrate and manure unloading areas will be constructed of concrete with drainage to direct spill and rainfall run-off collection to certified lined lagoons. The concrete areas will be engineered for heavy truck traffic. Substrate storage tanks, dosing tanks, and anaerobic digesters will be diked for spill containment. Minimum storage volume will be the volume plus 10% of the largest tank within the diked area plus the 25 year -24 hour rainfall event. Non -paved areas will have ground cover suitable for arid climate. Ground cover will not require irrigation, but will not generate dust. The site will be graded for adequate drainage away from the buildings and process areas. AGPROfessionals. LLC 45 I Ie tl[arld Lnerf. 13esien and i)pgratruns P1rat C. Instrumentation and Controls The SCADA system will monitor operations data on a constant basis. The plant is to be designed for automatic operation from a central Control Room. The plant will also be capable of remote monitoring and limited control through the internet. All equipment will be able to be monitored and operated locally or remotely at the facility control room. The control system will also allow remote operation and monitoring by any authorized person with an internet connection. The facility control room will be able to access all operating parameters, and alarms will sound locally and in the facility control room. All systems will have the capability to run in unattended automatic mode. The control system will collect all operational data as well as other key system data. This automation system will function in a manner that allows this data to be accessible via the control screens in numerous formats. The system will be capable of automatically generating reports over any operational specified time period interval as well as a weekly operational summary that provides key parameters. The main control system will consist of control panel with NEMA (National Electrical Manufacturers Association) 4X stainless steel enclosure if located in process or biogas area or NEMA 12 if located in non -rated clean, dry office area, human machine interface, PLC (Programmable Logic Controller) and SCADA (Supervisory Control and Data Acquisition). The main control panel will be accessible and communicate with a local operator computer system. The main control system will have expansion space available for at least 20% of each type of input and output. Both computers will have software allowing for local and remote access to the main control system. Local control panels (LCP) for various equipment are acceptable, but will be physically connected (i.e., no wireless) to the main control panel. Local control panels for major system components (e.g., biogas conditioning and compression system) or human/machine interface (HMI) panels for input (e.g., scale, manure pits, substrate unloading) will be placed in locations convenient for operator or supplier usage. The LCPs and HMIs will consist of control panel with NEMA 4X stainless steel enclosure if located in process or biogas areas or NEMA 12 if located in non -rated clean, dry office area. The LCPs and HMIs will be connected to the main control panel. The control system requires minimum operator assistance for: • Supervision and control of common services facilities for the plant • Start up, normal operation; connection to the pipeline and unit shut down under both normal and emergency conditions, including remote operation of all sub systems at the control room work stations • Automatic control during abnormal operating conditions that may endanger the safety of the plant or personnel • Supervision and control of plant auxiliary electrical equipment ACIPAOfesssona4s, l.S_C 46 I k':3r11:nnsl lieneu'ak+ir }intr+R5' I74vign a❑{! C7reranom-. Plan Monitoring of receipt, sampling and unloading feedstock is made available in the office/control room. Site security is monitored by use of a CCTV (Closed Circuit Television) system, linked back to the control room. The same system will be used to assist in controlling and monitoring entry to the site and in effective operation of the facility, e.g. in monitoring feedstock receiving stations and solids separation. D. Maintenance Maintenance tasks under normal operating conditions are expected to primarily be preventative maintenance and light repairs, carried out by the maintenance team, or, when necessary, the plant operator. Major repair work will be carried out by contractors if and when required. The interval between planned major maintenance activities is expected to be done once a year for the majority of the plant. The plant is designed and constructed to be easily maintainable with suitable access to all plant items that require operator and maintenance access, such as isolation valves, pumps, motors, filters, and other items requiring regular replacement. Clear access ways for forklifts, portable cranes, and other lifting/carrying equipment will be provided. Lifting beams with hoists should be located above heavy equipment with rotating or moving parts, such as pumps, blowers, and compressors not easily accessed by forklifts or portable cranes. E. Back-up Systems, Safety and Emergency Response Plans 1. Dump Flares The project has a flare that will be used if the BUS is undergoing maintenance or if the valve for the sale of gas is shut so no gas will go to the common carrier pipeline. The flares provide for the combustion of 100% of the biogas being produced by the HRE facility should an emergency situation occur (such as a fault in the interstate gas pipeline that precludes injection of HRE's product gas). 2. Electrical System Safety Designs Electrical area classification will be per the latest edition of the National Fire Protection Association (NFPA) 820 Standard for Fire Protection in Wastewater Treatment and Collection Facilities and other applicable building codes. Electrical power will be obtained from the local electrical utility. There should be a direct feed with separate transformer and meter from the dairy. The electrical system will be based upon 480V, 3 phase and 120 V, single phase. Motors will have a minimum 1.15 safety factor. Minimum is Totally Enclosed Fan Cooled (TEFC) unless required by the local building code (or other safety code) to have higher rating, such as explosion -proof. All motors above 2 HP will be designed for use with variable frequency drive/controller (Class F or higher insulation) unless the proposed application does not allow such use. In general, all motors above 1 HP will be 480V, 3 phase. AGPRdfessionals. LLC 47 I kookind Kc t ;jI,ik l imra+ I)csigii lift.] i 1I)L al1Usns Man The balance of the facility employs standard power plant equipment including water supply and treatment, domestic wastewater handling or treatment, uninterruptible power supplies, lighting, fire protection, security, communications, workshop, storage, and instrumentation, All facility infrastructure will be designed to satisfy relevant codes and standards. 3. Fire A Fire Protection Plan is detailed (See Appendix V). 4. Other Additional emergency response procedures will be designed and implemented prior to facility start-up. Procedures and personnel will be in place to address mitigation of all emergencies and implement control measures 5. Emergency Contact Information Emergency contact phone numbers provided on the site include: • System operator (To be determined after start-up) • Facility manager (To be determined after start-up) • Facility owner: Heartland Renewable Energy: Jim Potter contact: 603-475-5914 • Local emergency responders: 911 Fire: 970-284-6336 Ambulance: (970) 353-5700 Police: (970) 284-5541 • Utility companies affiliated with the digester Poudre Valley Rural Electric Association: 800-432-1012 Central Weld County Water: 970-352-1284 Colorado Interstate Gas: 877-712-2288 6. Contingency The Contingency Plan is included in the (See Appendix W). The plant will also incorporate features to control noise, odor, dust, litter and pests. Spill protection and containment, and fire protection systems will be incorporated to ensure that operation of the plant is both safe and minimizes the impact on the local environment of the plant operations. AGPROfessipnals, l.[.C. 48 I•Ic:urilurJ EtuncwahIe Eats^3'L+t Iksign end Opar=t+ferns i'I: n 7. Documentation, Records & Reporting A. Recordkeeping The following records, at a minimum, will be maintained on -site: 1 Type and amount of feedstocks, liquid wastes, and bulking materials received, processed, and remaining onsite 2. Amount of by-products sold or distributed off -site 3. Water quality monitoring data 4. Waste stream analysis 5. Operational monitoring data 6. Financial Assurance 7. Design and Operations plan 8. Certificate of Designation 9. Facility personnel training 10. Maintenance plans/schedules 11. Records supporting the mechanism to preclude acceptance of any hazardous or unacceptable wastes 12. Leak detection reports (if applicable) B. Reporting The operator will maintain records of all air emission stack tests and continuous monitoring results for facility operations as required within the respective permits. These records will be maintained onsite and available to the Department or local authority upon request. The operator will submit an annual report by May 1 of each calendar year to the Department and Weld County. The annual report will provide total volumes of materials received at the facility during the previous calendar year. Leak detection reporting will be provided as described in the Contingency Plan (See Appendix W) and Ground Water Monitoring Plan (See Appendix K). ACQPROfessionals. LLC 49 ] Ieanl� sJ flengt,jfiI}esiyre and 4'orrilLnns Plan 8. Nuisance Control & Environmental Management A. Dust Should nuisance dust conditions arise, dust suppression equipment or methods will be implemented for optimal control of nuisance conditions. Nuisance dust generation will be mitigated by improved surfaces for vehicle use and reduction of non -vegetative areas. Dust control processes will include, but not be limited to, application of water to traffic areas, reclamation of bare ground which may develop over time, and reduction and control of dust generating operational activities. B. Odor The Odor Management Plan is provided (See Appendix X). C. Windblown Materials & Debris The site will be fully enclosed with fencing, which will prevent any windblown material or debris from leaving the site. If there is any accumulation of debris along the site perimeter, it will be removed from the fencing, and hand collected if refuse was to exceed the site perimeter. D. Pest Control Pest control on this facility will be managed by utilizing best management practices to minimize habitat and reduce available food supply. Standing water, weeds and grass, manure or compost stockpiles are all prime habitat for pest reproduction and protection. These areas will be reduced or eliminated where practical and as needed. Baits and chemical treatments, although a last line of defense, are very effective. Selective placement of traps and baits may periodically be used to help manage any rodent or fly populations. Regular cleaning of processing areas will help reduce pest food sources. AGPRUfessionals LLC 50 I IcaiI-i I IReriol.a114 hierf*. and (Veratiorm Plan 9. Temporary Shutdown and Permanent Closure A. Shutdown A planned shutdown for one or more of the anaerobic digesters will involve stopping feed to and heating of the digester(s). The digester(s) will be drained into the covered lagoon or directly to one of the uncovered storage lagoons. For shutdown of other Facility components, spares or bypasses will be placed into service before shutting down/turning off the designated component. When the biogas conditioning system is taken out of service, all biogas will need to go to the biogas flare and boiler. B. Operational Maintenance & Temporary Closure In the event of an emergency shutdown or temporary closure, the digesters themselves will continue to produce gas. The SCADA system will detect any upset events and immediately respond with alerts and an alarm page to the appropriate on -call personnel. In the event of a malfunction with the gas system, the SCADA system will automatically re -direct the flow of gas to the dump flares. The dump flares are designed to handle 110% of total production and will combust the methane gas and release the CO2. C. Temporary Closure In the event of poor economic or market conditions it may be necessary for HRE to suspend operation of the facility. At such time that operations are suspended, the Closure Plan will be implemented. if operations are suspended for more than 180 days, HRE will notify CDPHE and Weld County and begin the implementation of the Closure Plan in accordance with 6 CCR 1007-2 Sec. 14.8.2 to maintain safe environmental conditions. HRE will provide CDPHE and Weld County written notification within fourteen (14) calendar days of commencing the implementation of the Closure Plan in accordance with 6 CCR 1007-2 Sec. 14.8.4. HRE will provide CDPHE and Weld County written notification within thirty (30) calendar days documenting that all of the requirements and conditions of the Closure Plan have been achieved in accordance with 6 CCR 1007-2 Sec. 14.8.5. Following the closure of the facility a notation will be placed on the property deed notifying any potential purchaser that the property has been used as a composting facility in accordance with 6 CCR 1007-2 Sec. 14.8.6. The following closure tasks will be completed within ninety (90) days unless an extension is granted by CDPHE and Weld County. An extension request would be necessary if the closure will take more than ninety (90) days for HRE to complete all necessary measures to prevent threats to human health and the environment. 1. Removal of Residual Materials from Facility All stored raw materials including manure, FOG, and food waste will be used in the digestion process to completion. All digester activity will continue until the flow process is completed and the digesters are empty. The HRE site has a capacity of 73,000 yds3 per year of total finished AC;PROfessimals. U C 51 E lea raa d EctliR.'.va left f_11CCS;5' I)eililk and ( )perm[[ t 4 compost material. All of the finished material will be marketed and sold until removed. All finished compost will be removed from the site within 90 days unless prior written authorization is given by Weld County and CDPHE. 2. Removal of Residual Materials from Digesters and Storage Tanks After all digester processing activities have been completed, each digester vessel and all storage and process vessels will be cleaned of any environmental hazards. The cleaning process will include washing the walls, floors, and any mechanical apparatus within the vessel with a high pressure water system or a high volume water system. The resulting wash water will be pumped to the effluent storage pond. 3. Removal of Compost Debris from Surface Soils in Windrow Areas All finished compost debris material will be removed from surface soils. 4. Stormwater Pond, Reject Storage Ponds, Effluent Storage Ponds and Dilution Water Pond During the closure process, water contained in the effluent storage pond will be utilized as fluid for the digestion process. Any water remaining in the effluent storage pond upon completion of all digestion processes will be pumped to effluent evaporation ponds. All water remaining in the stormwater pond after facility closure will be used for land application, both within the facility, or on third -party land application sites as permitted for and outlined in the facility's discharge permit(s). The ponds and pond liners will be maintained for a period of five (5) years following the temporary shut -down of the facility. Maintenance will include periodic dewatering of stormwater from each pond and maintenance of the pond liner integrity. D. Permanent Closure At the end of the five (5) year temporary shut -down the facility will be permanently closed. The following procedures will be followed to complete the permanent closure. A Financial Assurance Plan is provided to detail closure costs and associated closure plan (See Appendix Y). 1. Stormwater Pond, Reject Storage Ponds, Effluent Storage Ponds and Dilution Water Pond Following the de -watering of all impoundments, the respective synthetic liners will be removed and disposed of in an approved sanitary landfill. The excavated area of each impoundment will be backfilled with existing native soil and graded to blend into the topography of the surrounding area to prevent ponding of stormwater. 2. Re -Seeding of Disturbed Surface Area The surface area of the facility's tillable acres will be ripped once to loosen the soil and then disked once to break up clods and smooth the surface to produce a seed bed. The ripping and AGPROfes5ioria1 , I.T.C 52 Ic�sYll;ltsi! R±I1L'1v.LIik 1.I1L_[ V I )c,5tuu and t 11si r,lElons Plats disking of the soil will remove the "hard pan" layer, a thick, compacted layer of soil that develops and hardens over time. The loosened soil will be used for re -vegetation of the site. The compacted clay surface area will be disked to produce a seedbed. A dryland grass mix, including winter rye or oats cover crop will be cross -drilled into the seedbed. 3. Removal of the Digesters At the end of this five year period, if permanent facility closure is eminent, the digesters will be thoroughly cleaned via high pressure water wash and chemical decontaminating agents. The digesters will remain onsite for sale and utilization by a future business. 4. Post Closure Care Following permanent closure of the facility, HRE will conduct post -closure care in accordance with 6 CCR 1007-2 Sec. 14.9.1 by monitoring the site. HRE will inspect and maintain the ground cover and vegetation indicated in the Closure Plan and will submit an annual report to CDPHE and Weld County detailing post -closure care activities during the prior year. In conjunction with the post -closure care, HRE will maintain the facility to meet the Use by Special Review and Weld County development standards, including building and facility maintenance, weed control and facility security. The post -closure care and maintenance period will be for a minimum of five (5) years unless HRE, after consultation with CDPHE, demonstrates that the reduced period is sufficient to protect human health and the environment in accordance with 6 CCR 1007-2 Sec. 14.9.2. In accordance with 6 CCR 1007-2 Sec. 14.9.3 following completion of the post -closure care period HRE will submit a certification signed by an independent Colorado registered Professional Engineer for approval by CDPHE and Weld County verifying that post -closure care has been completed in accordance with the post -closure plan and has been placed in the operating record. AGPROfessionals. LLC 53 List of Appendices Appendix A: Process Flow Diagram Appendix B: Legal Description Appendix C: Vicinity Map Appendix D: Proposed Site Layout Appendix E: Existing Site Map Appendix F: Easement Map Appendix G: Custom Soils Report Appendix H: Flood Plain Map Appendix I: Well Map and Well Registrations Appendix J: Monitoring Well Installations Appendix K: Groundwater Monitoring Plan Appendix L: Preliminary Geotechnical Report Appendix M: Preliminary Drainage Report Appendix N: Secondary Containment Calculations Appendix 0: HDR Process Flow Diagrams and Cross Sections Appendix P: List of Acceptable Feedstock Substrates Appendix Q: Waste Characterization Plan Appendix R: Sampling Appendix S: Material/Tanks Sizing Summary Appendix T: Equipment Summary Appendix U: Sample Results Appendix V: Fire Protection Appendix W: Contingency Plan Appendix X: Odor Management Plan Appendix Y: Financial Assurance Appendix Z: Ground Water Potentiometric Maps Appendix AA: Action Leakage Rate Calculations Appendix AB: Commercial Small Capacity Well Permit Appendix AC: Flexible Wall Permeability Test Appendix AD: Appendix AD HDPE Pipe Sizing Calculations Appendix AE: Waiver Request and CDPHE Approval Letter Heartland Biogas, LLC c/o EDF Renewable Development, Inc. 15445 Innovation Drive San Diego, CA 92128 October 28, 2013 To Whom It May Concern, This letter is to inform you of the ownership transfer of the Heartland Renewable Energy Project for the Certificate of Designation as part of Weld County Use by Special Review, USR-1704 to a new company: Heartland Biogas, LLC. This transfer of ownership from Heartland Renewable Energy, LLC to Heartland Biogas, LLC was completed on August 16th, 2013. The following indicates new or remaining contact information: Project Address: Heartland Biogas, LLC 19179 Weld County Road 49 LaSalle, CO 80645 Project Contact: Mr. Ralph Daley 15445 Innovation Drive San Diego, CA 92128 703 905 8110 ralph.daleyPedf-re.com Attached to this letter is the deed for the site, which provides proof of the purchase of the project site by Heartland Biogas, LLC. It is our understanding this letter will be provided to the Board for evidence of the transfer of ownership of the project and the records will be kept at the County. Please let me know if you have any questions. With Regards, Heartland Biogas, LLC Authorized Representative EXHIBIT D AGPROfessiona1s, LLC CHANGE REQUEST Project Name: Heartland Biogas, LLC Requested By: Presented To: Change Number: 05 Heartland Binges, LLC c/a AGPROfessionale Date of Request: CDPHE Solid Waste Division Change Name: 10/30 13 Property information Changes Descrlpdon of Change: Update the Engineering Design and Operations Plan (EDOP) with changes to the subject property legal description, total acres contained within the facility boundaries and ownership/contact information. 1. Facility legal description will remain unchanged within the EDOP however, Appendix B of the PDOP will be updated to reflect the Warranty Deed legal description (See Attachment) 2. The total calculated area of the site will be updated from the previously reported 80 acres to the actual 115.83 purchased acres for the facility site. The facility footprint is updated to 39 acres from the previously reported 19 acres 3. The Ownership information is updated as follows: The Owner/Operator is now: Heartland Biogas, LLC The Project Developer is now; EDF Renewable Development, Inc. 15445 innovation Drive San Diego, CA 92128 Legal Contact: Ralph Daley, Vice President (703)905-8114 Document Identification Addendum Replaces: Page in/page out of all infannatLou pertaining to ownership, contact information, property physical and legal descriptions described within the EDOP. Appendix B is replaced with the attached legal description. Reason for Change: To reflect the new ownership of the property and update the lea! description of said property purchased for the Digester facility. Project Manager: Signature: Date:±,Y1/21___/.2O/5 Design Engineer: Signature: I its.: Date. t-1�tf: L LL.r ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont. CO 80504 970.535.9318 I office 970.535,9854 fa%c wuw,agpr s.com EXHIBIT E Pogo -2•of2 Colorado Department of public Hu kb nod Environment: , Approved Solid Waite Division Comments: Signature:"flak f L fi Title: .5a4 u.'& "a£ 2en.i% q. L — CRPHE:Sol 'Fd Waste Division I Date: - I 3 11-i AGPROfessiona1s December 4, 2013 DEVELOPERS OF AGRICUUURE Lauren Light Weld County Dept. of Health & Environment 1555 North 17 Avenue Greeley, CO 80631 RE: AGPRO Project # 1508-02-05 Change to EDOP for Heartland Biogas, LLC Dear Ms. Light: Enclosed please find a copy of the State approved Change Request #5 to the Colorado Department of Public Health and Environment, Solid Waste Division. This update to the Engineering Design and Operations Plan covers changes to the subject property legal description, total numbers of acres and ownership/contact information. Please let me know if you have any questions or require any further information. Sincerely, Marcy Kappen Agricultural Consultant Enclosure: Change Request 5 ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 . Longmont, CO 80504 970.535.9318 / office 970.535.9854 r fax www.agpros.com EXHIBIT F AGPROfessjona1s LLC CHANGE REQUEST Project Name: Heartland Biogss, LLC Requested By; Heartland Binges, LW c o AOPROfesaiooala Presented To: Change Numbers 05 Date of Requests 10/30'13 CDPHE Solid Waste Division Change Name: Property Information Changes Description of Change: Update the Engineering Design and Operations Plan (EDOP) with changes to the subject property legal description, total acres contained within the facility boundaries and ownership/contest information. I. Facility legal description will remain unchanged within the EDOP howcrer, Appendix B of the EDOP will be updated to reflect the Warranty Deed legal description (See Attachment) 2. The total calculated area of the site will be updated from the previously reported 80 acres to the actual 115.83 purchased acres for the lhcility site, The facility ibotprint is updated to 39 acres from the previously reported 19 acres 3. The Ownership information is updaied as follows: The Ownen'Operetor is now: HeaNend Biops, I,LC The Project Developer is new: EDF Renewabk Development, Inc. 15445 Innovation Chive San Diego, CA 92128 Legal Contact: Ralph Daley. Vice President (703)905-8110 Document ideatiffkailvn Addendum Replacer Page inlpage out of all information pertaining to ownership, contact information, property physical end legal descriptions described within the EDOP. Appendix B is replaced with the attached legal description. Reason for Change: To reflect the new ownership of the properly and update the legal description of said Property purchased for the Digester facility. Project Manager. Signature; i— --- Dater qf%. 9/..J Design Engineer: Signature: j '. l' r._- — Date: f Ij', ENGINEERING, SURVEYING, PLANNING £ CONSULTING 4350 Highway 40 Longmont. CO 80504 970.535.9318 f office 970.535.9554 fat wK w.e5p os.com Poor -2,0F2 Colorado Deportment or Public Hod& cod Environments Approved Solid Waite Division Comments: Signature: Thlr _ S' CDPHE; $aiIl WHIR D v iIon Pe, 1 „-' { Dotes / off - S+- 13 3857241 0811512013 03:12 PM fatal Pages: 2 Rea Fee: $10,00 Doc Fee: $85.00 Steve Morena - Clark and Reorder, Weld County,. T�Hw1S DEED1 Madtrthh pic day of Shdtat Lind and Cattle, Ltd, a Colorado tl4rporaR1an WARRANTY DEED A/Vaergi— Om* of Wa(d Ra grad. Singea,1,Z,C; a Ddtyvare Timited iiebiNly company whrrsclb 14ddtaai* ISA4$3itnawteon D rive. San'Diego, CA 0212.8 of d p Comly Of San ghat) t Slate 9f Cyllfotnia, greult7e($). ITNZSSETA, Thai 1ho granior(a),for aid In consideration oftheearn of ElghI Handfed Fifty Thavrand end Thin (S iI .3RA4} DOLLARS, the rent q I and atfMrcautcy of which L htacby aakeewledgad, b rs gamed, bargained. sold and conveyed, aid by 1 arse arescnis do grant, bargain, till, t iw r . and ccaErra, unto traumata iu hers rend mitre; (butte, all the rra1 prppe,'y, nether with imlxv+., state If *ay, thwart lying .w ill being in tee County of Weld , Sac ofCelorada, dtse ibtd la faller: -of the , State of Colorado; grantor(%) and Sae ottacltedhibit *Ise kclown bymat and nug,beraar Agrle:IhirelLand. Grantor resorrasnod rntainta Ens owsteirhipofany and n!taeittt ,oil.andgas. inMetta Insooiaipti with the Property. Without righi of surdioe'epttyat ecress, exceyrt Irr nemidance wills the p cv motes ods b'mditig surface iizc agreement or al;fbtmeatt. TOGETHER with all and singular ;he b eredilannnIs and apperrtnsr:OM thc,tlo Whinging, win anywise appertasaing, and di o reverslms and ravcsioar, smralnda.aiA rcTnlndaa terra i Wed Ind 'Milts di ma, and all rite estate. rig& tier, intoeR, claim aid dammei what%trey of nc� snrolne(a}, tither in law ar equity. nf.fa and to d e above bargained pttaaras, with thertoredi metro and if,patknanoca Tr) HAVE AND TOHOLDthe #tldpr rl MS above bargained end dmaibedxnththe appartaneaaxs,onothe gran lee(I) lam heirs and assigns forever. And Iisegnraier(e), far Its hint and prcpasl rcpresrntedvcs, loci en nt, gran bscau1n, and nine W and wMit!, fttc aroraccti), its huh -and manna, that of tiro lira nOtheastseailr;g and ddlvsry of ahem ptrs4Yrti, adiaakaliCrrlilap,erite lb] 4cconveyed, hesgaad, tutor pollst,■bioltekand irnicTsnsibineetaaorinherfianea in law, }n fee simple, and has gene right. fall pa war and Lath pricy to grant, bargee, ail and moray the pone In mama and farm ss wfnrarald, end OW ere raise ercfrec and clear from all ranee and cares gryua, bagefna, sales, Iitrx eras, asses4eteas, encore brawn. and ratietinnsaF,lotx m kind or =out loner, arrant Ste atllelttd 6xiilhlt'R3" Thu grarilcr(t) shell and will WARRANT 'AND FDREVERDEtEND the ab9vo-barte ed premises in the aid and iatrags), Ita.hoirs and 'wink wino: all and every 9 prseeatsle potmwrian ofth9 St omen or panel etc while or egypatlherwG f} i WITNESS WHEREOF, the gra:aorta) Lea emu tad raise deed cat the dtae sat forth above STILTON LAND AND t ATFL£, LTD. , u Cotcride ant)trratiaa eyevAcati.2rItkiit, it, You irk STATISOF COLORADO �} Cranny ny of ' "- Tirafnreeoiaglrniramgttr4,ra�a,ackaawkdgedbefore Ole this - day a( q! lOt3 e// My somrifatiorrcipiles 0+04 Ritutesaray heed :Ad a#l;leialseat 9f In Donate i nun .12q unit". Netary i'vhlk 3357244 08116(2013 03:12 PM Page 2 or 2 { { LEgA.LopscRIPTIDNIHIEMLAtdD PURCtiASE_PARC EL TO SECTION'LINEi A PARCEL OF LAND LYING IN THE SOUTHEAST i14 OF SECTION 25, TOWNSHIP 4 NORTH, IviNGE 65 WEST, OF THC 9TH P.M., COUNTY OF Wain, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; RABIS OF BEARING! CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 114 OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 55 WEST, OF THE 5TH. F.M., TO SEAR SOUTH 5$'53'33" WEST AND WITH ALL OTHER BEARINGS CONTAINCL3 HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST SECTION CORNER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 59 WEST SAID POINT BEING THE Pol lr OF BEGINNING; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1(4 OF SAID SECTION 2,5 S 86'53'33" VII FOR A DISTANCE OF 2616.26 FEET TO THE SOUTH ONE QUARTER CORNER OF SAID SECTION 25; THENCE ALONG THE NORTH -SOUTH MIDSECTION LINE OF SAID SECTION 25, N 00"00'59" £ FOR A DISTANCE OF 2652.89 FEET TO THE CENTER ONE-I:WARTER CORNER OF SAID SECTION 25; THENCE ALONG SAID NORTH LINE OF SAID SOUTHEAST 1/4 OF,SECTION 25; S89'45'44" E FORA DISTANCE OF 132.03 FEET; THENCE DEPARTING SAID NORTH LINE, S flD°56'17" W FOR A DISTANCE OF 1712.39 FEET; THENCE N E FOR A DISTANCE OF 163,54 FEET TO A POW' OF CURVATURE; THENCE O14 A CURVE TO THE LEFT, HAVING A FxAD1US OF 443,68, A CENTRAL ANGLE OF SS°45'23', FOR AN ACC DISTANCE OF 300.09 FEET, THE CHORD OF WHICH SEARS N 69'39'29"E FOR A DISTANCE OF 294.40; THENCE N 50°18'16' E FOR A DISTANCE OF 393.43 FEET TO A POINT OF CURVATURE. THENCE ALONG A CURVE To THE RIGHT HAVING A I3AUJUS OF 496.07. A CENTRAL ANGLE OF 41IS'95', FOR AN ARC LENGTH OF 360.69 FEET, THE CHORD OF WHICH BEARS N 71}"00'87" E FOR A DISTANCE OF 352,80 FEET; THENCE N 59 5'5r 6 FOR A DISTANCE OF 235.53 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST 114: THENCE ALONG SAID. EAST LINE S 00°11'.30"W FOR A DISTANCE OF 1447.S5 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 115.33 ACRES SUBJECT TO COUNTY ROAD RIGHT DF-WAY COLORADO Department of Public Health Er Environment Dedicated to protecting and improving the health and environment of the people of Colorado October 8, 2014 Ms. Heather Barbare Weld County Department of Health & Environment 1555 N 17th Avenue Greeley, CO 80631 Re: Certificate of Designation for Heartland Biogas LLC, Weld County, Colorado File: swlwld/hre/1.1 Dear Ms. Barbare: The Heartland Biogas LLC (Heartland) project is in the process of amending their approved Engineering Design and Operations Plan to incorporate the addition of a Digester Processing System (DPS). The Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (the "Division") views the addition of the DPS is an operational issue, and not a substantial change to the provisions of the Certificate of Designation (CD). Therefore, the Division does not consider changes to the Heartland CD as being necessary. Should you have any questions regarding this letter, I may be reached by phone at 303-692.3384 or email at Larrv.bruskinSIstate.co,us, Sincerely, Lawrence J. Bruskin, P.E. Solid Waste Permitting Unit Solid Waste Et Materials Management Program Hazardous Materials & Waste Management Division ec: Tim Naylor, AgPro Curt Stovall, HMWMD 4300 Cherry Creek Drive 5., Denver, CO 80246.1530 P 303.692.2000 www.colorado.govicdphe John W, Hickentooper, Governor Larry Wolk, MD, MPH, Executive Director and Chief Medical Officer EXHIBIT G AGPROfessionals NE DEVELOPERS OF AGRICULTURE November 20, 2014 Mr. Lawrence J. Bruskin Solid Waste Unit Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 Re: Heartland Biogas — Digester Process System Engineered Design and Operation Plan AGPRO Project #1109-04-03 Dear Mr. Bruskin: Enclosed please find the addendum to the Design and Operation Plan (D&O Plan) and Financial Assurance for the Heartland Biogas (HBG) facility Digester Process System (DPS) located in LaSalle, CO. We are requesting approval of the D&O Plan Addendum. An Addendum to the D&O Plan has been provided to incorporate the design and operation plan for the DPS as part of the HBG D&O Plan. Included are four copies to be distributed to the CDPHE Solid Waste Division, Water Quality Control Division, Air Pollution Control Division and the Office of Environmental Innovation and Sustainability for review. A copy has also been submitted to the Weld County Department of Public Health and Environment as part of the Amended Use by Special Review permit application. As always, please do not hesitate to contact us if you have any questions or concerns. Sincerely, Tim Naylor Planning Consultant Enclosure: HBG D&O Plan and Financial Assurance Addendum CC: Heather Barbare, WCDPHE Ted Mathews, A-1 Organics ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67d' Avenue • Suite 200 • Greeley, CO 80634 970.535.9318 /office • 970.535.98541 fax • www.agpros.com EXHIBIT H �RN5RASYr�N'I',h7h71A141114ti10VYIK4IF:Y�IIf MINOR AMENDMENT TO USE BY SPECIAL REVIEW MUSR14-0030 HEARTLAND BIOGAS, LLC. PART OF THE SOUTHEAST %, OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, COLORADO SITE EPECIF1 OEVELDPNE NT PLAN UBEEYEPECMLRPVEWMART DEVELOPMENT STANDARDS *010144510 I AIMED HLC6 DY.'+.I'.11d'.TF'FS-:IC INCH. 3ISCh' P J'.A,DM'F_ N. EC n LIILZ PCENI"11..AM A 1.S. Nit 3 ALIT 1' LMATAZ'31E At", IAiI IIYr.:9J.Del .100:-.1W003%Al ANIMA 0,01E BEur' LS]1W FROZE SS 0.EJ.on AN 117.Q, Or'' -RE REA(0PAW. 04111 REErEY•ANT I;.ti;', RAMC Alin P CBNA-P017131.90I. -13)11 r, EP ASSD-1. CAYEA _HEATH F.' 1,7 PAC _on OI A 7 FE 10E.001 C'. THE SEER FM4ESSSYGLEM 1.01': 71.11 RAPT lrTGAIA'-S._:T..RNI ICENED.5";0..I 'J.1 1. I,D'-F FRS•, F.'A.NTS:AAII AIDE VFA'FNHRF=.+1 2 APPROVALOFTHIS PLAN MAY CREATE A VESTED PROPERTY RIGHT PURSUANT TO SECTION DIES Of THE WELO CORRITY CODE C PURSUANT TO SIMPER 15 RRHCLES I ARO II GE THE YIELD PARTY CODE, IF MO`PO! WE ENS E4ST ON THE PROP EAT CR BECOME ESTABLISHED AS R HESOLT OF IKE PROPOSED DEVELOPMENT, THE AIPLLCANTAAIR)OEYNER RHAIL BE REE4LYSSSSLE FOR CONTROLLING THE MODEM WEEDS PEPARIWENTOR PURLIOIVORRRI 1F DxWNALL'A..RFH:l; 01 mTF5 FIAT OFFO.. a.`:'Fi:r riA TIE 1•I:TT h' ,; R.HER TrpHADA:N1.-.r ,iE. xY:,l 5 THE HOURS OF OPERATION WILL BE 24 HOURS A DAY 2 BAYS A WEEK ILEUM WILL OCCUR PRIMAREV DURING DAIL IOIT HOURS (DEPARTMENT OF PLANNING SERVICES( 6 THE PROPERTY CANER OR OPERATOR SHALL CALMLY WITH THE APPLICABLE SECTJCNS OF THE RBGIIIATIOx4 BRETAINME] 00111E SOLID WASTE DISPOSAL BITES AND RACEMES ACTS CCR 1.01 S) M'0 BE CONSTRUCTED, OPERATED, AND MONITORED AS DETAILED IN THE APPLICATION MATERIALS PJ<0 CONDITIONS DETAILED IN THE DESIGN 6 OPFRATgN6 PLAN APPROVAL LETTER, DOTED APRIL 1 PBIO PROM THE COLORADO DEPARTMENT OF PUBLIC HEALTH AHD EWRONMEM EDAM IN COHADICTION WITH THE APPLICATION 01112ALA WOO CONDTOMS RETAILED IN THE DIGESTER PROCESSING SYSTEM ENGINEERING DESIGN AND OPERATION PLAN A00000 01 APPROVAL LETTER, DATED DECEMBER IA 311), FROM THE MPHE [DEPARTMENT01 PUBLIC HEALIHAND ENVIRONMENT] T FOLLOWING CONSTRUCTION, IRE MALL SUBMIT TO THE DIVISION AND WELD COUNTY FOR REVIEW AND APPROVAL AR]NSTRUCIIDN CERTIFICATION REPORT, WHICH INCLUDES CCNSTRL0Cl1DN RECORD MINIM , DEVIATORS FROM THE APPROVED PLAN, AN0 RESULTS OF ALL TESTING VINO DOCUOENTATICN REOIIRELHENTS SET FORTH IN THE COMO PLAN THE CONSTRUCTION CERTFICATON 101011 SHALL BE RADIATED AT LEAST SIXTY 401 DAYS PROE TO ACCEPTANCE OF FEEDSTOCK (DEPARTMENT OF PUBLIC HEALTH S NNIRON14NT B VOLUME RECORDS SHALL BE LLAINTANED,WHICH INCLUDE WASTE MATERNAL RECEIVED, WASTES POOL ERRED, SOLI D WASTE SHIPPED FOR DISPOSAL MATERIAL SHIPPED FOR GALE OR OIEPOS.N, AND 111E ACCOUNTS OF 'M AB PR0DUCE0 CR FLARED INCLUDING TAIL GAS DESTRUCTED AN ANNUAL REPORT SHALL BE EUSMITRD 10PEWEE) COUNTY OEPARTAENT OF PUBLIC HEALTH I ENVIRONMENT AND THE COICPADO DEPARTMENT OF PUBLIC A HEALTH AND ENVIRONMENT EERIE HAZARDOUS MA11111LS AND WASTE MANAGEMENT DIVISION BY MAY FIRST OF EACH YEAR (DEPARTMENT OF PUBLIC HEALTH 3 ENVIRONMENT) I THE FACILITY SHALL RECEIVE AD PROCESS ONLY THOSE MATE Rua THAT ARE DESCRIBED R TE APPROVED DESIGN AYNDOPEPAIDN5 PLAN TH0 WELD 00)111Y DEPARTMENT OF PLANNING, WINE, AND COPHE SHALL BE NOTFIED IN WRITING Cr ANY ADDITIONAL MATERIALS 100001ED FOR PROCESSING WRITTEN APPROVAL 22000 BOTH CDPHE VINO WCDFHE TO PROCEBO WITH PROCESSING SHALL DE OBTAINE0 PRIOR TO ACCEPT/NEE (DEPARTMENT OF PUBLIC HEALTH I ENVIRONMLNTI F. IO THE PROPERTY OWNER OR FACILITY OPERATOR SIMLL NOTIFY THE WELD COUNTY DEPARTMENT OE FINALE HEALTH H ENJRONME NT, DEPARTMENT CMPIRYNRIG S FRAMED AND THE COLORADO DEPARTMENT OF P0001 HEALTH AND ENVIRONMENT R THE EVENT OF ANY DEVIATIONS FROM OR PROPOSED CHANGES TO THE ENCLITICS DESIGN SOPERAIION3 PLAN IDEPARIMENT OF PUBLIC HEALTH A EMGRHHNE NTI It DE COLORADO DEPARTMENT OF FLOCK HEALTH A EN1RONMENI, WELD CONEY DEPARTMENT OF WALE HEATH & FNnRDNIENT AND THE PUBLIC SHALL BE PRT0T1ED WITH NOTIFICATION IN THE EVENT OF TEMPORARY OR PERIHAENT CLOSURE 1200 CLOSER* THE FAONTY SHALL FOLLOW THE CLOSURE PLAN PORTON OF THEIR APPROHEO DESIGN A OPERATIONS RAN (DEPARTMENT OF WELCHEM TH A ENVIRONMENTI II THE FACILITY SHALL COMPLY WITH THE 0PPRODED GROVIIDWATER MOI1OR110 T0µ 111W1GE6 W APPROVED FEEOS10c0 MAY 050012E REVISIONS TO THE GROUND'W'ATER TESTING REQUIREMENTS VINO OOMSTTOENTS ANAL•2E0- GROUNDWATER MONITORING REPORTS WILL RE EMITTER TO THE MPH! AND WP 21111 NO LATER MAN MARtl1 1 FOLLOWING THE REPORTABLE YEAR (DEPARTMENT OF WADE HEALTH AND ENNROIMENT] IS THE FACILITY SHALL BE COLI81RL01ED, MAINTAINED AG OPERATED TO ENSURE DIRT CNITAAINATION OE SOIL AND GROUNDWATER DOES NOT OCCUR 'DEPARTMENT OF PUBLIC HEALTH AND ENARONMEMJ II ALL BELOW GRAND 0111101001/ SNAIL AE IIOURLEUNED M'0 EQUIPPED WITH A LEAN OETECTILN SYSTEM, UNLESS CREME /REEVED IN WRITING BY BOTH THE COAHE AND WELD CIXMTYOEPARIMEIAR OF PUBLIC HEALTH AND ENAIOHMENI RECORDS OE THE LEAK 3011101100 IYSRM OPERATES MAINTENANCE AND CRSERVADOVR SHALL BE REPT AND MADE AVAILABLE DPO0 REWESI VERANDA/AT OF PAINIO HEALTH AND ENVIRONMENT) 15 ABOVE EPICURE. WASTE 0ECEWINO, SEWAGE, ONO PROCESSING TANKS SHALL HAVE IMPEE MEAELE SECONDARY CONTAINMENT THE VOLUME RETAINED 20 THE SECONDARY CONTAINMENT SHALL SE AT LEAST 110E OF THE VOLUME OF THE LARGEST TARN INSIDE THE CONTAINMENT (CEPAIIMENT OF W ALIo HEALTH A FWR0N LEND ISFILSTIVE DUST AND FUGITIVE PARTICUATE EMISSIONS SHALL RE MITRD1EO 01 THIS RILE THE FACISTV SHALL COMPLY WOK THEP APPROVED PARTICULATE EMISSIONS CONIFOLPIAN (DEPARTMENT O PNRIC HEALTH A ENVIRONMENT' IT THE FACILITY SHALL OPERATE IN COMPLIANCE WITH APPLICABLE COLORADO AR WALE( CONTROL REGULATIONS AND COMPLY WITH ANY PERMITS 1101110 BYTHE AR POLLUTION CONTROL OWISION (DEPARTMENT OF PUBLIC HEALTH B ENAIRONN:W I IB EXHAUST 000400AL SYSTT50 SHALL BE INSTALLED WHEN NECESSARY FOR ENCLOSED AREAS AND OUST FRO0LCIHI PROCESSES AND EQUIPMENT VISBLE STACK EMISSIONS FROM EIIALST REMOVAL MATERIAL PROCESSING ARO ANY CDMEUSTCN SOURCE SHALL NOT EXCEED 2511 OPACITY (MEASURED INACCORDANCE WITH EPA REFERENCE METHOD BI THERE SHALL DEINO VISIBLE EMISSIONS FROM ANY EDLDINGOPENINGS (MEASURED INAGCARRANCE WEN EPA REFERENCE 0E1000111 (DEPARTMENT OF PUBLIC HEALTH& ENVIRONMENT) 71IN ACCORDANCE WITH THE C0LMA00 AIR OUALITY CONTROL COMMISSIONS REGU HITCN NUMB 3, C00R DETECTED OFF SITE MALL HOT EXCEED THE LEVEL OF SEVEN TO+0NE R:1) DILUTION 11BiESH0L0 (DEPARTMENT OF PUBLIC HEALTH A EAMRONMENTO 11ADE01411E DRINKING, IWDWASIIIIO AIM TOILET FACILITIES SMALL BE PRO''OR FOR EMPLOYEES AND PATRONS OF THE FACILITY, AT ALL 711E5 WHERE 3 OR LESS FULL TIME TAI HOUR WEE(() EMPLOYEES ARE LOCATED ON SITE, OR WHERE A OR LESS PART TIME MD HOUR WEEK( EMPLOYEES LOCATED CAI SITE PORTABLE TOILETS AND BOTTLED WATER APE ACCEPTABLE AS ENROLEES OR CONTRACTORS ARE ON SITE FOR LESS THEN rv1LISEPIITIVE HMS A DAY PORTABLE TOILETS AID BOTTLED WATER ARE ACCEPTABLE RECURB0 OF MAINTENANCE AR PROPER DISPOSAL FOR PORTABLE TOILETS SHALL BE RETAINED ON A QUARTERLY BASIS AND AMIABLE FOR REVIEWS( THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AIR ENVIRONMENT PORTABLE TOILETS SHALL BE SERVICED BY A CLEMENT LICENSED IN WELD COUNTY ME RIAl1 CONTRA HARD SANIT0ER5 EEPAR1MFNT OF PUBLIC HEALTH AND ENNITONAENT) 535EWAGE 'DISPOSAL FOR ME FACILITY SHALL BE EY SEPTIC SYSTEM AMY SEPTIC SYSTEM LOCATED ON THE PROPERTY MUST COMPLY WTH ALL PROVISIONS OF THE Wa0 GOWN CODE, PERTAINING TO ON -SITE WASTEWATER TREATMENT SYSTEMS LENIN 41000IMENT OF PUBLIC HEALTH ALR ENVIRONMENT) .e1F':CFTSY,i,'CAA-1'R AC.. -5(10'4541 ...:E31A}01110'111C00'r :.ATP HAULAGI II.-.TOCI;O.'J ri L]A'n OL:M 12000 C,YIC._TEC AC F :5B•. A uA u'4. +-_ .CAAL .'F. 1..1010 _. .._.L.' A..1 1 y,041.-.,:sr4,T Len.1,A.ARE-I.1:54 __ N v,1l w, •.,.C r_._I„v1A 01.1.1 PS THE FACET? SHALL COMPLY WIT( THE COLORADO OPT OF LABOR AND EMPTWA'ENT DRAMA' OF OIL 210 PIELIC SAFE'S s10RAGE TANK REG0111 E016 R CCR 1101.11} SECONDARY CONTANIIENI SHAT ATS0 BE EEDOIR. FOR ANY wryTANNEN HGDIMO EVE( cm DE •M1H ',NOME GREATER KIWI SO GALLONS THE VOLUME RETAINED RV THE SECONDARY CONTAINMENT SHALL BE AT LEAST lip'ry OF TIE VCLUNE OPINE LARGEST TANK INSIDE THE CONTAINMENT ALTERNATIVE PROTECTIVE MEASURES MAY RE ALLOWED FOR REGULATED TANKS, MORON) THEY COMPLY WTHI THE STORAGE TANK REGULA0001 A COPY OF ANY SPILL PREV0TTON, CONTROL AND COUNTERMEASURE PLANS SHALL BE PROVED) TO THETTE] COUNTY DEPARTMENT OF PUB LCIEALTi AND ENVIRONMENT ;DEPARTMENT OF PUBLIO HEALTH 6 ENVIRC NMENI) IB THERE SHALL 1EN0 DISCI -ASE OF PROCESS WASTEWATER OR COLLECTED 9TORMWATER OFF PROPERTY EXCEPT THOSE DISCHARGES A0OWEO BY THE COLORADO DEPT OF PUELIC HEALTH d ENVIRONMENT'S WATER COED. CONTROL DENSER ANDI00 A COLORADO DISCHARGE PERIEF SYSTEM{CDPSICISCIURGE PERMT.IOEPMTENT OF PUBLIC HEALTH 6 ENVRONIIIENT) EERIE APFLCLWI SHALL MINN STORIWATER DISC IPAGE PERMIT COVERAGE FOR CONSTRUCTION AOTI1TES FROM THE CORE WATER DUALITY CONTROL OVISION (DEPARTMENT OF PUBLIC HEALTH 3 ENVIRONMENT) 41.1111E FACILITY SHALL BE OPERATED AND MAINTAINED IN A MANNER 70 PREVENT NUISANCE CONDITIONS FROM THE ATTRACTION BREEDING AND EMERGENCE OF BIRDS RODENTS INSECTS AND OTHER VECTORS ADDITIONAL CONTROL MEASURES SHALL BE IMPLEMENTED AT THE R EQUEST OF THE WELD DANE( DEPARTMENT OF PANIC HEALTH 3 ENVIRONMENT (DEPARTMENT OF PUSIN HEALTH A ET10R0IM ENT] 29.1HE FACILITY SHALLAJNERE TO THE INUODIUM PE RMESBLE NOISE LEVft5 ALLOWED IN THE LILT INDUSTRIAL ZONE AS DELINEATED IN SECTION 14430 OF THE WELDCOUNN CODE ((DEPARTMENT OF PAWL HEALTH 6 ENVIRONMENT) 14. WASTE MATERIALS , NOT SPECIFICALLY ADDRESSED BY OTHER DEVELOPMENT STANDARDS, SHALL BE HANDLED, STORED. AND 015POSED IN A MANNER THAT CONTROLS FUGITIVE DUST BLOWING DEBRIS 000 ODER POTENTIAL 11111513101 CONDITIONS 212101MENT OF PUBLIC HEALTH d ENVIRONMENT) VINO PERMAMEM 011POS5 OF WASTES 1HALL BE PERM 'RED AT THIS SITE EXCEPT 11105E WASTES SPECIFICALLY EXCLUDED FROM THE DEFINITION OF A SOLID WASTE IN THE SOLID WASTES DISPOSAL 017ES MAO FACILITES ACT 30 231001, C R S, AS MENDED, AND ANY AND ALL WASTES BEING COMPOSTED IN ACCORDANCE WITH THE APPROVED ENGINEERING DESIGN AND OPERATIONS PLAN (DEPARTMENT OF RELIC HEALTH AND ENVIRONMENT) 32 ALL NA! ROWS CHEMICALS MUST SE HANDLED IN A SAFE MANNER IN ACG:RUANC 011H ASPECT LAE EUNO AND IN MANNER IRA PEACES THE RELEASE 07 005RRDOUI AIR POLLUTANTS 5NO VOLATILE ORGANIC COMPOUNDS ALL CHEMICALS MUST BE STORE.) SEGUED. AND IN ACOCROMCE WT,' IMNUFA1luRERs'RErANTALFHOnnpIS IDEPARnIFRT of PUBLIC HEALTH AND EAMNONMENII 39 COMPOSTING OPERATIONS WILL N07 EXTEND PAST CD BOUNDARIES OF THE PROPERTY IDEPARTLSE NT OF PAMC HEALTH AND ENYIROIV ENiF M THE OPERATION SHALL COMPLY WITH AIL APPLICABLE ROLES AND REGULATIONS OP STATE AND FEDERAL AGENCIES mg THE WELD COUNTY CODE (DEPARTMENT OF PUBLIC HEALTH ANB ENVIRONMENT) 35 SHOULD NOXIOUS WEEDS EAST ON THE PROPERTY, CR BECOME ESTABLISHED AS A RESULT OF THE PROPOSE0 DEVELOPMENT, THE APPECNITIIIN06WNER SHALL BE RESPONSIBLE FOR 0011ROLUNG THE NOXIOUS WEEDS, PURSOANI TO CHAPTER I5, ARTICLES I AVID II, OF THE WEIO COUNTY CODE (CEPARTME M OF PLAITING SERVICES •ENGINEER' ?I THE HISTORICAL ROW 1' -?•1'. H'.,O Ar,. 'AV.'. 51 1F"a.,'A,f3-l'.lay 3111 .E'111'41111 -Y-JAI"Y, :1 .DS 37 WELD COUNTY IS NOT RE5P0NRBLE FOR THE MANIE1RNCE OF ENSILE DRAINAGE REAPED FEATURES "DEPARTMENT OF PANNING SERVICES - SNONEER) SA THERE 61MdL 51 NO PARKING 9R ITA31G OE VEHICLES ON COUNT(' ROADS OM SITE PARKINS SHALL BE 111ZEO "DEPARTMENT OF PLANNING SEANCES -ENGINEER) SHEET: USE BY SPECIAL REVIEW MUSRI4-0030 HEARTLAND BIOGAS, LLC. DE SOURCES OF LIG HT SMALL RE SHIEL1E090 THA1 LAW RAYS WILL NOT SHINE DIRECTLY ONTO AONCFN0PROP,DIIESWNERE STORMIEL0 CAUSEA 411101NCE OR INTERFERE WITH THE UDE ON THE ADJACENT PROPERTIES IN ACCORDANCE TYRE THE PLAN NEITHER THE DIRECT, NOR REFLECTED, LIGHT FROM ANY LIGHT SOURCE MAY CREATTA TRAFFIC HAZARD TO OPERATONS OF MOTOR VEHICLES ON PUBLIC OR PROATESTR PETS NO COLORED LIGHTS MAY BE USED WICH MAY BEIONPUCEO WITH OR CONSTRUED AS, TRAFFIC CONTROL DEVICES (DEPARTMENT O PLANNING SEANCES) .0 FIA;IR'J FAKIR LLMI ICI F?O-ABU FSA110100'-%'?OF DIEYELO COUNTY CODE CURRENRY THE FGLOSING HIIREEN ADOPTED BY WE LEI 01111.;S:C A 101110 I I'LL,'_00102,A II.EDHALO0A_ SATs„ et-TE. 101'IA SHALE. E'11"110E A?I1IY rs5 PEPVI I A_AV_Itx1,YM 1,P111 Tf 1UH! IEHILHS, OHO et ICU iE 'E PPS c' ',TANNED(' NAL tL"ALNIL I..! 0E111vR L' r 011A41b4E.1 1' .F'] AS•.I'{t',19 '•A' •1 IL LUSTRE SUBMIT TED FOR REVIEW AGEOTECHNICHH ENGMEE RING REPORT PERFORMER NE AREDI11EIEDST11 OFCOLIHRDDENGINEES SHALL BE REOUIREDORANOPEN HOLE INSPECTION (DEPARTMENT OF BOILDINO IMRPECTDNI 11 THE PROPERTY OWNER OR OPERATOR SHALL BE RESPOIIRBLE ROM COMPLYING WITHER DESIGN ANDOPERATEN STARDNODSCf CHAPTER 93 OF THE ARO COUNTY CODE AO NECESSARY PERSONNEL FROM THE WELD COUATY DEPARTMENTS OF PLANNING SENDERS RUBEC WOHRS, Am 10,10 HEALTH ANDENWRONMEHT SHALL BE GRANTED ACCESS ONTO THE PROPERTY AT ANY REALM:DANE THE IN ORDER TO ENSURE TIE0CTOAIES CARHIEO OUl ON THE PROPERLY COMPLY Mk THDYRITD'EB OF APPROVAL AND DEVELOPMENT STANDARDS STATED HEREIN AND ALL APPLICABLE WELD DOLANREDUTAT DNS 13 THE USE BY MOM RESEW AREA SHALL BE LIMITED TO THE PLANEEHOVN HEREON APO GOVERNED BYTHE FOREGOING STANDARDS AND ALL APPLICABLE WELD LOWE( SU66TAN1AL GRANGES FROM THE PLANS OR DEVELOPMENT STNIDARODW05HNWS OR EWE), SHALL REQUIRE THE APPROVAL OF AN AMENDMENT OF THE PE EVEN THE WELD COUNTY BOARS OF COUNTY WMMISSIONERSBE FOR E SUCH CHANGES FROM THE PLANS OR DEVELOPMENT STANDARDS ARE PERMIII ED 00? OTHER CANNES SHALL PEELED IN THE OFFICE CF THE DEPARTMENT OF PLANN ONO SERVICES 4N THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE F0RCOMEIYNM MTH ALL OF THE FOREGOING DEVELOPMENT STANDARDS NONCOMPLIANCE WRM ANY CE THE FOREGOING DEVELOPMENT STANDARDS LIMY BE REASON FOR REVOCATION OF THE PERMIT BYTHE BOARD DE COUNTY COMMISSIONERS 46 WELD MOATS RIGHT[OHARAL YIELD COUNTY IS ONE OP THE MOST PR000000IIORICULTURAL COUNTIES IN THE ARE D STATES TYPICALLY RANKING IN THE TOP RN COUNTIES NT THE COUNTRY IN ORAL MARKET VALLE OF ARRIVAL -VIAL MELEES SOLD THE RURAL AREAS OF WELD Corm1Y µMY RE OPEN AFIO SPACIOUS RUT 1RFY ARE 1NIEH1WEN USED FOR AGRICULTURE PERSONS MINING INTO A ANAL AREA MUST mADDGN12E AN0 KEEN THERE ARE DOWAGER. COTIFLCIS WORT IONOSRINOIRO MFNCIULIOHAL PRACTICES ANC A LOWER I000LG A MCER THAN INIDWN 0LOMO WKTH TAE NRAN'IACRSWME TEE 1N1EN0VEE TENCH ATIWVCT LRWPN MILLERS TO RELOCATE TO HUHN. AREAS OPEN ARM. MAINILAISNA21 WLOIFE,U0R OF CITY NOISE AND C0NGESTIOILAMOTHE RURAL ASM04PHERAWNGWAY OFUFE WITHOUT NEIGHBORING FARMS, THOSE FEATURES WlBCH ATTRACT URBAN DWELLERS 10 RURAL WELDODINN WOULD D0ICKLY RE GONE FOREVER AGRIWL10111 USERS OF THE LANG SAWED NOT DE EXPEGTHE TO CHANGE THEIR LDNGESTABLISHED AGRICULTURAL PRACTICE& 10 ACOOMMODAIE THE INTRUSIONS Cr URBAN USERS INTO AWRREAREI WELLARUN AGRICULTURAL ACTIVITIES WILL GENERATE OFFSREIMPACTS INCLUDING NOISE REM TRACTORS AND EQUIPMENT, 1OWAIOVING FARM VEHICLES ON KRAL RODE; DUST FROM ANIMAL 1E112. FIELD WORK HAREM- AHD GRAVE. ROADS MR FROM /MAL CONFINEMENT. SILAGE AND MANURE, EMCEE FROM DITCH BURNING: FLIES AJND4OS DITTOES HUNTING AND TRAINING ADMIRES: SIEOOTNG SPORTS, LEGAL HANG OF NU SANE! MEDJFF ME THE LSE OF PESTICIDES AND FERTILIZERS IN THE FIELDS,IIGUOI AG THE CBI OF AERIAL SPRAYING IT IS DORM PRACTICE FOR AGRICULTURAL PRODUCERS TOML13EAN ACCUMULATION OF AORICLLNRAL MACHINERY AND SUPPLIES TO ASSIST IN THEIR AGRICULTURAL OPERATIONS A CONCENTRATION OF NBC&LWEOVS AORICLLIU RA. MAT EHSLR OFTEN PRODUCES VISUAL DISPARITY SEIWEEN RURAL AND UREANAREAS OETHE COUNTY RECTOR Ni-R5-1W CRS PROVIDES TFFAL AN AGRICULTURAL OPERATION SHALL NOT SE FOUND 10 NE A PUBLIC OR PRIVATE NVISMRE IF THE AGNIOJLTONAL OPERATION ALLEGED To BE A NUISANCE DAWNS 110111 11 OR P10C110E6 THAT A10 03100011 off RFARDNplLY 011013A1E0 w5TH Am11ETONAI PRODUCTIII WATER HAS SEEN AND CONTINUES TC DE.1110 LIFELINE FDA THE AGRICULTURAL COMMUNITY IT IS UNREALISTIC TC ASSUME THAT DITCHES AND RESERVOIRS MAY SIMPLY BE MOVED 'OUT CF THE WAY' OF PSSIOERBLL 0EVELOPMEM W111/0000E TO THE COURN, PROPERTY OWNERS AND RES0EN11 MEET REALM THEY CANNOT TAKE WATER FROM IRRIGATION DITCHES, LAKES OR OTHER STRUCTRE6, 'UNLESS THEY HAVE AN ADJUDICATED RIGHT TO THE WATER WELD COUNTY COVERS A LAND AREA OF APPROXIMATELY FOUR THOUSAND 140040 SC HARE MMIES IN SIM (TWICE THE SIZE OF TIE STATE OF DnAWAREI WITH MORE THAN THREE REDMOND SEVEN HUNDRED((,1001 MILES OF STATE AN) COUNTY ROADS OUTSIDE OF MUNICIPALITIES THE SHEER MAGNITUDE DF THE AREA 10 BE SEEM SIHETCKE3 AVAILABLE RESOURCES LOW ENFORCEMENT LS EASED ON RESPONSES TO COMPLAINTS MIORETHAV ON PATROLS DF THE COUNTY, AND THE DISTANCES WHICH MUST SE TEAMED) MAY DELAY ALL EMERGENCY RESPONSES, INCLUDING AWENFORCEMENT AMBULANCE. ASO FIRE FIRE PROTECTENMLSIM.LLY PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR ASS AND FAMILIES 70 RESPOND TO EMERGENCIES COUNTY GRAVEL READS, ND MATTER HOW OFTEN TEY ARE BLADED 3'111.1 NOT PROVI0E 7HE SAME KIND CF SURFACE EKPECTEO KRONA PAVED ROAD SNOW REMOVALPRICIRITES MEAN RUT ROADS FROM SUBDMSIOIS TO MERLES MAY NDTBE CLEARED FOR SEVERAL DAYS AFTER AMAUDR SNOWSTORM 10101ES IN RURAL AREAS. IN hoseCASES,%LL NOT SE EOUIVALENT TO MUNICIPAL SERVICES RURAL DWELLERS MUST. BYNECESITY BE MIRESERBUFFICIENT THAN URBAN DWELLERS PEOPLE ARE SEEMED TO DEFERENT WARM IN THE COUNTY THAN IN AN INRBNN OR 6UR0RRAN SETTEE FARM EDIIPAENT AND OIL MID EQUIPMENT, PONDS AND IRRIDATACH DTCHES, ELECTRICAL POWER MR PI.FJPS PAD CENTER PIVOT OPERATIONS, HIGH SPEED TRAP20, SAY' BARS, PUNCTURE VINES, TERRITORIAL FARM DOMMAR TREADLE, AND OPENRURNINO PRES ENT REAL THREATS CONTROLLING CHILDREN S ACTED ER IS IMPORTANT NOT WEYFOR THEIR SAFER, WIT ALSO FOR THE PROTECTION OF THE FARMER'S LNENH000 WCR-42 V A 1'ICR.'I r., PROPOSED SITE—' MENPFIlt VICINITY MAP SOILS MAP AVPRO fessionalS ,1 AM BLiNA( 3050 671h Avenue, Suite 200, Greeley, CO 80634 (970) 535-9318 • fax: (970) 535-9854 EXHIBIT I USR-2 4N I I • r PART OF THE SOUTHEAST 1; OF SECTION IS, TOWNSHIP 4 NORTH, RANGE HS WEST. OF -11116TH P M , COUNTY OP WELD. COLORADO IF-A'.�LR'R hNhBN. `WII6awrrlydlY VI 1' II Ti MINOR AMENDMENT TO USE BY SPECIAL REVIEW MUSR14-0030 HEARTLAND BIOGAS, LLC. PART OF THE SOUTHEAST''/ OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, COLORADO ii114YJt. Pi 1`'IWIVIlY'6Ak gin II.' II I 1 II I SITE PLAN DIGESTER PROCESS SYSTEM CLOSE UP SCALE: 13P CERTIFICATE OF APPROVAL EYTHE DEPARTMENT OF PLANNING SERVICES -ADMINISTRATIVE REVIEW p a mne'.o a' .. af,nnaaro,rvtl run rrnu•nn vIP.vv-;va u r, Glare PI Colorado I Country of Wale hI PROPERTY OWNER'S CERTIFICATION The foregoing edmrallen was acknowledged borers me Ohl was 201.4r.r x a.,}-, r.a �. t!• E" ner(el do hereby ages le the SRI Specifi elepnlenl Olin and .JTR Li?:f'q".o.q.w.}il, nerd Slanderda es described hereon (Ns 3 day of dee- virrsr Ora arri i L4 rk Nn•-o•�e.e. I H .. a.n'rc..Rlulw, WT14rY shad.. p,r M 400 SCALP r=3ar. L EMISTIrl0 atm EE16TINO ERB WeLL t•'" EEIETIMO RRBEa dci %ISSIoxS�A TAENA MSS INO MO BETBPCWEd9SMeur TREtE EP NCR mL PROPOSED POND POLE LIGHT DETAIL Pr'-] SOW, IOW 40 wllneea my hand and seal 40Ii iR�dis I OOON 0 1� Mainly Pogo I�w A F1 SHEET: USE BY SPECIAL REVIEW MUSR14-0030 USR-1 PART SECTION 23, HEARTLAND BIOGAS, LLC.Gt AGPROfessionals IDCICOPi0, Cf ,GPIedLTUPE 3050 67th Avenue, Suite 200, Greeley, CO 80534 (970) 535-9318 - fax: (970) 535-9854 C� x[ 'o . -BEST ac;�islllou [s sr ! SCCIICN LINE !r 4_ Y Qt'�4 AdTa C:omrr PLP] 39 3I —CDT 5%!STINL il> 5Csr SILL ilr SLUM. LINE 3,CC 346E 39] ��Tr I; 1916 POo'_ 02 13,365 EXITING MACE [%Isrl\D '13EP CP-VC LINE Carl I N0IMbEivw Cal I baaaa oA0 IE6 ...: ', SD WEST, OF THE 6TH P M , COUNTY OF WELD, COLORADO J 0 cc 0 — J z L w ce 0 m 0 V1 (-1 5 co C 0 U i.r O o � C Iz H J o a 4_, 0 O_ a m 0 I^ PERMIT NO. „.J ISSUED BY THE COUNTY OF WELD TO: z ADDITION ❑ WORK TO BE DONE THIS PERMIT EXPIRES DATE I INSPECTOR ce W ce ce g V. 3Ce INSULATION INSPECTOR ce L 8_ DO NOT COVER UNTIL ABOVE IS SIGNED U F FINAL BUILDIN CI 4.71 sel Lu z O 3 z 0 0 a �7 J J LL 4V4 06 O z Let W iiI U H HOT COVER UNTIL ABOVE IS SIGNED G a 2 L) W w O co 0 0 0 a a aJ DO NOT COVER UNTIL ABOVE IS SIGNED a LU J w z z 0 z I- cn ce Lul z J oC L7 O Ln N e•-* IV cp c9 c▪ e 0 DO q) Lf'S m 5 Lei O O . Lrl 0 RESOLUTION RE: APPROVE ACCEPTANCE OF WARRANTY DEED FOR COUNTY ROAD 49 IMPROVEMENT AND AUTHORIZE CHAIR TO SIGN - HEARTLAND BIOGAS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Acceptance of Warranty Deed for County Road 49 Improvement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Heartland Biogas, LLC, 15445 Innovation Drive, San Diego, California 92128, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Acceptance of Warranty Deed for County Road 49 Improvement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Heartland Biogas, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said acceptance of deed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST: 4 iic• e4 Weld County Clerk to the Board Date of signature: I arbara Kirkmey r, Chair Steve Moreno 0.,,,?O(i.,q-r) 101_ tc,c.) 1---,,v)-1 EXHIBIT K 2015-3995 EG0072 MEMORANDUM TO: Clerk to the Board DATE: 12/11/2015 FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item Acceptance of Warranty Deed with Heartland Biogas, LLC pertaining to the WCR 49 road improvement. RECEIVED DEC WELD COUNTY COMMISSIONERS MAAYancie4AGENDA memosWganda-Leon-I,doc 2015-3995 e6007.2- WARRANTY DEED THIS DEED made this Sixth day of August, 2015, between, Heartland Biogas, LLC, a Delaware limited liability company whose address is 15445 Innovation Drive, San Diego, CA 92128 ("Grantor"), and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 915 10th Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado ("Grantee"), WITNESS, that the Grantor, for the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as 19179 Weld County Road 49, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, their heirs and assigns forever. And the Grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the Grantee, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in mariner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4169078 Pages: 1 of 6 12/29/2015 02:29 PM R Fee:$0.00 0 Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Illy IOrdninki4 iiiid ill linnrimuloou 1111 IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. HEARTLAND BIOGAS, LLC By: F Ralph Daley, Vice President State of Vcr- In ta.} )ss. C�, County of � i r } The foregoing instalment was acknowledged before me this 6;44' day of 20 15 , by i My commission expires: S/31 / ..o t 4169078 Pages: 2 of 6 12/29/2015 02:20 PM R Fee:$0.00 D Fee:$0.00 Carly Koppas, Clerk and Recorder, Weld County, CO ■111 lNFJP1f Q CIMPRICilkiiiii 11111 �oottilhtuo L.rev- 13� €WA/4>C .Ati St VI r rfviin mime Witness my hand and official seal. 1 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this (-2/ Sr day of ,.l,,c.4015. ATTEST: W.4234144):A CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD uty Clerk to the Board STATE OF COLORADO )ss COUNTY OF WELD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: arbara Kirkmeye , Chair /DEC 2 1 2015 BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD The fore oing instrument was acknowledged before me this sr day of .�* , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY MMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: if myy 4169078 Pages: 3 of 6 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00 Carly Koppss, Clark and Recorder, Wald County, CO Mid 41 CHERYL LYNN HOPPMAN NOTARY PUBLIC STATE OP COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 a2ai5--3 99's EXHIBIT -A SE If4 525-T4N-R65W PROPERTY DESCRIPTION RIGHT OF WAY #1 A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3957241 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID. SECTION 25 FROM WHICH THE EAST ONE -QUARTER CORNER OF SAID SECTION 2a" BEARS NORTH 0015'29" WEST, A DISTANCE OF 2639.36 FEET, THENCE ALONG THE SOUTH LINE OF SAID SECTION 25 SOUTH 89'26'3D" WEST TO THE WESTERLY RIGHT--OF--WAY UNE EXTENDED. NORTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 379028 A DISTANCE OF 30.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY NORTH 0015'29" WEST, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 40 A DISTANCE OF 30.00 FEET; THENCE CONTINUING NORTH ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49 NORTH 0015'29" WEST A DISTANCE OF 205.05 FEET TO THE POINT OF BEGINNING, THENCE DEPARTING SAID RIGHT-OF-WAY NORTHWESTERLY 740.33. FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID ARC HAVING A RADIUS OF 15830.00 FEET, A CENTRAL ANGLE OF 02'42'50' AND A CHORD BEARING OF NORTH 01'36'54" WEST A DISTANCE OF 740.27 FEET; THENCE NORTH 02'58'19" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 100.96 FEET; THENCE NORTHERLY ALONG SAID CURVE 332.12 FEET TO A POINT ON THE SOUTHERLY UNE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO: 2419044 SAID ARC HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 01'12'24" AND A CHORD BEARING OF NORTH 02'22'07` WEST A DISTANCE OF 332.11 FEET: THENCE ALONG SAID UNE NORTH 89'28'54" EAST TO A POINT ON SAID WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 34.54 FEET: THENCE SOUTH 0015'29" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 1172.95 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 15,961.41 at, OR 0.37 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO, LEON W. SIEVERS PLS 23520 RIGHT OF WAY ACQUISITION HEARTLAND BIOGAS LLC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 40 & 42 PROJECT NO: SRP-26 SCALE: DATE: 4-2045 DRAWN BY: L1RH SHEET: 1 of3 4169078 Pages: 4 of 6 12/29/2015 02.29 PM R Foe :$0,00 0 Fes:$0,00 Carly Kappa's, Clerk and Recorder, Weld County, CO 1111 NAM ! W 1 ' AM IN I EXHIBIT -A SE 1/4 S25-14N-R66W PROPERTY DESCRIPTION RIGHT OF WAY 42 A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3957241 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25 FROM WHICH THE EAST ONE -QUARTER CORNER OF SAID SECTION 25 BEARS NORTH 00'15'29` WEST, A DISTANCE OF 2639.36 FEET, THENCE ALONG THE SOUTH UNE OF SAID SECTION 25 SOUTH 8926'30" WEST TO THE WESTERLY RIGHT-OF-WAY UNE EXTENDED NORTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN THAT DEED FLED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 379028 A DISTANCE Of 30.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY NORTH 00'15'29" WEST, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 40 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT-OF-WAY SOUTH 8926'30" WEST A DISTANCE OF 70.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 44'35'31" EAST TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 99.25 FEET; THENCE SOUTH 00'15'29" EAST ALONG SAID RIGHT—OF—WAY A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 2,449.97 sf. OR 0.06 as, MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49 AND NO. 40, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 30.00 FEET OF THE SOUTHERLY 1408.00 FEET OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 25; AND THE SOUTHERLY 30.00 FEET OF THE EASTERLY 70.00 FEET OF THE SOUTHEAST ONE —QUARTER OF SAID SECTION 25. SAID PARCELS CONTAIN 1.02 sc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT OF WAY ACQUISITION QTW-7 HEARTLAND BIOGAS LLC WELD COUNTY, COLORADO 4169078 Pages: 5 of 6 12/299/2015 02:29 PM R Fee:$0,00 0 Faa:$0,00 Carly Kappa', Clark and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR.49 CORRIDOR PROJECT BETWEEN WCR 40 & 42 PROJECT NO: SRP-26 DATE: 4-20-15 SCALE; DRAWN BY: DRH SHEET: 2 of 3 1111 IralULL MAI'IAi 11111 EXHIBIT -A SE 1/4 S25-T4N-R65W SHELTON LAND & CATTLE LTD L-332.12' R=15770.00' 6=01'12'24" c9=No2'22'07'w C=332.11' RIGHT—OF—WAY ACQUIRED —#1 15,961.41 sf, OR 0.37 aC.± LINE TABLE LINE : BEARING DISTANCE L1 589'26'30'W 30.00' L2 N0015'29"W 30.00' L'3 NO015'29'W 205.05' L4 NO2'58'19"W 100.96' L5 N89'28'54"E 34.54' L6.589�6'36"W 70.00' L7 N44'35'3a"E , 99.25' 8—SOO'15 29 E 70.80 HEARTLAND BIOGAS, LLC: PARCEL # 1055.25-4-D0-011 RECP.# 3957241 SE 1,4 S2 S- 711,i.R63W NOTE: THIS EXHIBIT: MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERLY DESCRIPTION ONLY. SBS' `3 rr" w 9 15 77' L=740.33' R=15630.00' 6=02'42'50" CB=NO1'36'54"W C=740,27' P.0.3. -#1 RIGHT-OF-WAY ACQUIRED -#2 2,449.97 O. OR 0,06 ac.t RIGHT OF WAY ACQUISITION RW-7 HEARTLAND BIOGAS LLC WELD COUNTY, COLORADO 186 4169078 Pages: 6 of 6 12/29/2015 02:29 PA R Fee:$0.00 0 Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III �1�Y PLC lV'i 4ii�'E �i:l�:lrllYr�tiI�I1R l4�Liii�hi� 1l 111 I L4 L7 7 cv rn rca a a w 3 EXISTING 30' R.O.W. RECI 379028 MAY 13, 1918 R0100/685 B ROSNAHAN cri err PL PL co 0.4 BROSNA H AN P.A.B.-#2 L2 L1 P.O. C. SE CORNER 525—T4N—R65W 1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 40 & 42 PROJECT NO: SRP-26 SCALE:1'a2O0 DATE: 4.20-15 DRAWN BY; OW.H SHEET: 3 or3 2! a! ;- 111)2.:711.a 1 USE BY SPECIAL REVIEW USR-1704 HEARTLAND BIOGAS, LLC. PART OF THE SOUTHEAST' V4 OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST, OF THE. 6TH P.M., COUNTY OF WELD, COLORADO I a. s cissu�r' - rikil - �h.i.fl. 4: h4m.a YM1a,M rn W Kul .,er.wa,rn „y[A*,...t pNYiAI.PA"�''iW,Y �.IM15W NR.,.R'• :. LCdT.EMP, [trxw.,iia-4M1[a µ.'�w.i ai W. V. 9 [pm ... a... n,...d s..ya m.+ i L. _ a N JNtF817n oa P*.. flfl,rar aa,. fi.,� L.nv.Crc ',Arf. �.IJ.r Fw A r ,rp1.1'-'nptI.4c „4,., MS.a,+rfa ." ita Yr. 7W- 9-.9 ;9-99 GM = ur e, OWIWOFIWZI = COWING PLUM 0 Fei0M0 WHEY. = MONO aiERAPMIM iMinM OMm MOIL MAIM OMPANIEABOMPF IRYPOi601IXt! P1OF09IZIPo110 571I,i,rr,I7l'-fGEXO � I I. wr 1 ilk, ,,1,1• SHEET: USR-1 PAOM. I OF) `U S E BY SPECIAL REVIEW USR- 1704 HEARTLAND BIOGAS, LLC. PART OF THE SOUTH EhST II OF 1ECTION 1i. TOWNSHIP 9 NORTH, NANO( 65 W FS[; OF TUE 6TH P.67 , COUNTY OF WELD, COLORVDO I II ur!R'1)55c_i.FxT'1I inW, ME1�7PROfeiolonal8 MINIMA, OF 1999uoOCF 4350 Highway 66, Longmoni, CO 80504 (970) 535-9310 fax: (970) 515-9854 nl 2014-0430 eAlmotA.44-)tZtA:. a. -/a -1V EXHIBIT L e; n I „ 4 li45, 14,11121irti'�ifl6srhwA�v USE BY SPECIAL REVIEW USR-17O4 HEARTLAND BIOGAS, LLC. PART OF THE SOUTHEAST Ifs OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST, OF THE 6TH COUNTY OF WELD, COLORADO FIT VIM SE1WLOPIENTFION Ittfl Gt [51[11 ILR:Fk Ffl1T EISMC0dER7WrOlto 1.p 1lhrran 1.4414.9 Fr14, Ltd h.rNoi Roma:4 477, 7.G hSp117W I P.M SpI1e Cartlry,nal Fen Ind No ly Noki Rahn, Pont 017.111 b In o 1116 We1b 3'Ipwel Ike rd Fa9iy Mmbdhi Paw l atitokad in a OnolI01W WON oCr mooning VON IN rnroNl L921bra ,rk.neIvaa 22 W7-NII, Nap 0,1 l§nove4 POW rllN b m wad for 2mte2N 11 NI IOW. 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Surety Bond Financial Guarantee Bond Date bond executed: October 1, 2015 Effective date: October 1 2015 _ Principal:[legal name and business address of owner or operator] Heartland Slope, LLC, 1.5445Innovation Drive, San Diego, CA 92128 Type of organization: [insert "individual", "joint venture", "partnership", or "corporation"] Limited Liability Company State of incorporation: Delaware Surety(ies):(name(s) and business address(es)] Westchester Fire Insurance Company, 436 Walnut Street. Philadelphia, PA 19106 EPA Identification Number, name, address, and closure and/or post -closure amount(s) for each facility guaranteed by this bond: [Indicate closure and/or post -closure and/or corrective action amount separately] Heartland Sicgas, LLC; 19179 County Road 49, LaSalle, CO 80645; Two Million Seven Hundred Twelve Thousand Nine Hundred Twenty Five and 001100 ($2,712,925.00) Total penal sum of bond: Two Million Seven Hundred Twelve Thousand Nine Hundred Twen Five and 00/100 ($2,712,925.00) Surety's bond number: K08961046 Know all persons by these presents, that we, the principal and surety(ies) hereto are firmly bound to the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the surety(ies) are corporations acting as co -sureties, we, the sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or action against any or all of us, and for all other purposes each surety binds itself, jointly and severally with the principal, for the payment of such sum only as is set forth 321 December 30, 2008 EXHIBIT M opposite the name of such surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum. Whereas said principal is required, under the Colorado regulations pertaining to Solid Waste Disposal Sites and Facilities, to have a permit or interim status in order to own or operate each solid waste management facility identified above, and Whereas said principal is required to provide financial assurance for closure, or closure and post -closure care, as a condition of the permit or interim status, and Whereas said principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance, unless an alternate mechanism has been established by the State of Colorado to directly receive monies. Now, therefore, the conditions of the obligation are such that if the principal shall faithfully, before the beginning of final closure of each facility identified above, fund the standby trust fund in the amount(s) identified above for the facility, Or, if the principal shall fund the standby trust fund in such amount(s) within 15 days after an order to begin closure is issued by the Department or a U.S. District court or other court of competent jurisdiction, Or, if the principal shall provide alternate financial assurance, as specified in these regulations and obtain the Department's written approval of such assurance, within 90 days after the date notice of cancellation is received by both the principal and the Department from the surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect. The surety(ies) shall become liable on this bond obligation only when the principal has failed to fulfill the conditions described above. Upon notification by the Department that the principal has failed to perform as guaranteed by this bond, the surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed by the Department. The liability of the surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the surety(ies) hereunder exceed the amount of said penal sum. 322 December 30, 200B The surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the principal and to the Department, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the principal and the Department, as evidenced by the return receipts. The principal may terminate this bond by sending written notice to the surety(ies), provided, however, that no such notice shall become effective until the surety(ies) receive(s) written authorization for termination of the bond by the Department. The principal and surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or post -closure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Department. In witness whereof, the principal and surety(ies) have executed this financial guarantee bond and have affixed their seals on the date set forth above. The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the principal and surety(ies) and that the wording of this surety bond is identical to the wording specified in the applicable regulations were constituted on the date this bond was executed. Principal. Heartland Boo as, LLC, 15445 tnnafvvation Drive, San Diego, CA 92128 Signature(s) Name(s)ti Ye, Title(s) Corporate seal Luis Sirva Chief Financial Officer Corporate. Surety(ies) Name and address: Westchester Fire Insurance Company, 436 Walnut Street, Philadelphia, PA 19106 State of incorporation: Pennsylvania Liability limit $ 2,712,92500 Signature(s) Name(s) and title(S mie Campbell Younger, Attorney -in -Fact Corporate seal Bond Premium: 516.218 December 30, 2008 323 Power of Attorney WESTCHESTER FIRE INSURANCE COMPANY Know ell men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution, adopted by the Board of Directors of the said Company on December 11,2006, to wit; rustic inn, it the following eedeviesions mete to the maewnim4 for rid on behalf of elm Convoy, of bone, eadawbnp, recc uanetr, ommrce and Wm wrine+ oamutmma of the Campaly entered int the ardhmymemarbaa iamb a"Written Caannlonmrl; C t) Each of the Cheinneta the President and thetas t redidents ofde Campo y is hereby UMW ad to MOOD any Wetten Cammlmhmr for and om behalf of the Comply, wider the eel erthe Company or entrees. (2) Stith dub' eppvimed momay.is-fara of the Comet a hereby authorised to axmo my Written Commitment for rend on basil of the Company, wderthe sal of the Compety err omawia. ro to anent dm rah anon is auhoeimd by the scare orpowm provided for in such pmoee whiles eppoinbn.K s such amameyir►6d te) Este of the ammo. the Prerhdmr rid the Vim nendannt of die Company M hereby atheism], for and owWhiffet the Compete. ea epycat in went sly Fallon the atbrnay-m• r ci ofte Company with fen poem red sathortry to. sncvte.fer ad an ball of the Company. order As. 1el of the Company m ethm :a. Judi Wnnan Cammhoneab of de Company a may be some' ad m rueh:metal e paimment. MOM specificalat mw be by mini type melm of"Primal Coma arm orbyaperidewerneat ormomwind r WrittenCommitnamh. (4) Each of the Chairmen, the Phpdant end Vim Provident of the Company w hereby wdtmtusd, for and an baheVorthe Conpeuy, lo ddapae a writing any enter anew of the Comply the aedenlY a astute, far end on Sheetf of the Company. odes the Comps y'a Deal or otherwise, ash Wrinen Commitment of the Company s ere spatial in each onion delegation, Meth pa Swims imp be by general type or toe of Written Carwtian ante or by speeifioaten of one or more pariah:Mine" Coweidtmenee (S) Pi wWelsh; mfanyarrlo r no other perm mrawmng may Written Commit rat or Noma natant or delettoton mamma to this Reohmion and the eat of tea Company, may he affixed by ( eeite an such W nem Cornmemnent Of mum pymnhrnmh m dde ten FVa ED% RESOLVED. that the Ibngoing Resolution dual me be deemed to be an eudnriw smantet of Pa powers ad audndty of officers, employmee end oat paean to one for end en bddf of the Comply, end with Rsolraioe duel eta lint or otherwise Mkt the aurae of any nth power or ma erly mhewise vdidy seemed ee mast Does hereby nominate, constitute and appoint Ashley K Register, David P Clark, Jamie Campbell Younger, Mark Wooditch, Stephanie M Sierote, all of the City of IRVINE, California, each individually if there be more than one named, its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, end as its act and deed any and all bonds, wdermkings, recogniaances, contracts and other writings in the nature thereof in penalties not exceeding Ten million dollars & zero cents (510,000,000,00) and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF, the said Stephen M. Haney, Vice -President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 30 day of April 2015. WESTCHESTER FIRE INSURANCE COMPANY Stephen M. Haney . Vitt Pratldem COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 30 day of April, AD, 2015 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M. Haney ,Vice -President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. I, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is hi full force and effect In witness whereof, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this lit day of October, 2015. archon L Iron THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER April 30.2017 OocuGard 104546 contains. a aunty pantograph, blue bRcugrrninrl, lteaf•SenslM'e Ink, coin -reactive walermark, and microtatt printing on border. ,Exeirive _ 'nr nut oar ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On 10/01/2015 before me, GEZELLE LOPEZ, notary public (here insert name and title of the officer) personally appeared JAMIE CAMPBELL YOUNGER who proved to me on the basis of satisfactory evidence to be the person whose name islare subscribed to the within instrument and acknowledged to me that he/they executed the same in ( er/their authorized capacity(res), and that by a er/their signature on the instrument the persons, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myhandaad official seal. Signature GEZELLE LOPEZ COMM # 2904534 NOTARY PUBLIC • CALIFORNIA N ORANGE COUNTY Comm Exp. APRIL 22, 2099 (Seal) Standby Trust Agreement Standby Trust Agreement, the "Agreement", entered into as of October 1, 2015 by and between Heartland Biogas, LLC, a Delaware limited liability company, the "Grantor", and Wilmington Trust, NA, a national banking association, the "Trustee." Whereas, the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division, a regulatory agency of the State of Colorado, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a solid waste facility shall provide assurance that funds will be available when needed for closure and/or post -closure care of the facility, Whereas, the Grantor has elected to establish a standby trust to provide all or a part of such financial assurance for the facilities identified herein, Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this Agreement, and the Trustee is willing to act as trustee, Now, therefore, the Grantor and the Trustee agree as follows: Section 1. Definitions as used in this Agreement: (A) The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor. (B) The term "Trustee" means the trustee who enters into this Agreement and any successor Trustee. Section 2. Identification of Facilities and Cost Estimates This Agreement pertains to the facilities and cost estimates identified on attached Schedule A. Section 3. Establishment of Fund The grantor and the trustee hereby establish a trust fund, the "Fund", for the benefit of the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division. The grantor and the trustee intend that no third party have access to the fund except as herein provided. The fund is established initially as consisting of the property which is acceptable to the trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the trustee is referred to as the fund, together with all earnings and profits thereon, less any payments or distributions made by the trustee pursuant to this Agreement. The fund shall be held by the trustee, IN TRUST, as hereinafter provided. The trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the grantor, any payments necessary to discharge any liabilities of the grantor established by the Department. EXHIBIT N Section 4. Payment for Closure and Post -Closure Care The trustee shall make payments from the fund as the Department shall direct, in writing, to provide for the payment of the costs of closure and/or post -closure care of the facilities covered by this Agreement. The trustee shall reimburse the grantor or other persons as specified by the Department from the fund for closure and post -closure expenditures in such amount as the Department shall direct in writing. In addition, the trustee shall refund to the grantor such amounts as the Department specifies in writing. Upon refund, such funds shall no longer constitute part of the fund as defined herein. Section 5. Payment Comprising the Fund payments made to the trustee for the fund shall consist of cash or securities acceptable to the trustee. Section 8, Trustee Management The trustee shall invest and reinvest the principal and income of the fund and keep the fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the grantor may communicate in writing to the trustee from time to time, subject, however, to the provisions of this Section. In investing reinvesting, exchanging, selling, and managing the fund, the trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that: (A) Securities or other obligations of the grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80A -2.(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or a State government; (B) The trustee is authorized to invest the fund in time or demand deposits of the trustee, to the extent insured by an agency of the Federal or State government; and (C) The trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon. Section 7.. Commingling and Investment The trustee is expressly authorized in its discretion: (A) To transfer from time to time any or all of the assets of the fund to any common, commingled, or collective trust fund created by the trustee in which the fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and (B) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80A-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the trustee. The trustee may vote such shares in its discretion. Section 8. Express Powers of Trustee Without in any way limiting the powers and discretions conferred upon the trustee by the other provision of this Agreement or by law, the trustee is expressly authorized and empowered: (A) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition; (B) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (C) To register any securities held in the fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the trustee shall at all times show that all such securities are part of the fund; (D) To deposit any cash in the fund in interest -bearing accounts maintained or savings certificates issued by the trustee, in its separate corporate capacity, or in any other banking institution affiliated with the trustee, to the extent insured by an agency of the Federal or State government; and (E) To compromise or otherwise adjust all claims in favor of or against the fund. Section 9. Taxes and Expenses All taxes of any kind that may be assessed or levied against or in respect of the fund and all brokerage commissions incurred by the fund shall be paid from the fund. All other expenses incurred by the trustee in connection with the administration of this trust, including fees for legal services rendered to the trustee, the compensation of the trustee to the extent not paid directly by the grantor, and all other proper charges and disbursements of the trustee shall be paid from the fund. Section 10. Advice of Counsel The trustee may from time to time consult with counsel, who may be counsel to the grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The trustee shall be fully protected, to the extent permitted by law, in acting upon the advise of counsel. Section 11. Trustee Compensation The trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the grantor. Section 12. Successor Trustee The trustee may resign or the grantor may replace the trustee, but such resignation or replacement shall not be effective until the grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the trustee hereunder. Upon the successor trustee's acceptance of the appointment, the trustee shall assign, transfer and pay over to the successor trustee the funds and properties then constituting the fund. If for any reason the grantor cannot or does not act in the event of the resignation of the trustee, the trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes the administration of the trust in a writing sent to the grantor, the Department, and the present trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9. Section 13. Instructions to the Trustee All orders, requests, and instructions by the grantor to the trustee shall be in writing, signed by such persons as are designated in the attached exhibit A or such other designees as the grantor may designate by amendment to Exhibit A. The trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Department to the trustee shall be in writing, signed by the director or his designees, and the trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the grantor or department hereunder has occurred. The trustee shall have no duty to act in the absence of such orders, requests, and instructions from the grantor and/or the Department, except as provided for herein. Section 14. Amendment of Agreement This Agreement may be amended by an instrument in writing executed by the grantor, the trustee, and the Department, or by the trustee and the Department if the grantor ceases to exist. Section 15. Irrevocability and Termination Subject to the right of the parties to amend this Agreement as provided in Section 14, thistrust shall be irrevocable and shall continue until terminated at the written agreement of the grantor, the trustee and the Department, or by the trustee and the Department, if the grantor ceases to exist. Upon termination of the trust, all remaining trust property, less final trust administration expenses, shall be delivered to the grantor. Section 16. Immunity and Indemnification The trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this trust, or in carrying out any directions by the grantor or the Department issued in accordance with this Agreement. The trustee shall be indemnified and saved harmless by the grantor or from the trust fund, or both, from and against any personal liability to which the trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the grantor fails to provide such defense. Section 17. Choke of Law This Agreement shall be administered, construed, and enforced according to the laws of the State of Colorado. Section 18. interpretation As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement. In witness whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written: The parties below certify that the wording of this Agreement is identical to the wording specified in these regulations were constituted an the date first above written. [Signature of grantor] [Title] [Seal] Attest: [Signature [Title] [Signature of trustee] [Name of trustee] [Title] [Seat] of attestor]ti 8w Tomte' Patrcck XsJ orahuo Vice Preddent pace*r) 7fl 541 Attest:iskstiolitypedv -+ti1dn [Signature of attestor] titsuistostoss [Title] ClufstopherJ. Sieybaugh Vice President On this 1't day of October 2015, before me personally came Patrick J. Donahue to me known, avho,being by me duly sworn, did depose and say that she/he is Vice President of Wilmington Trust, NA, the corporation described In and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that she/he signed her/his name thereto by like order. [Signature of notary public] -4u44-eiut 16. Esther Gesick From: Sent: To: Cc: Subject: Attachments: Susan Gordon <SGORDON@fcgov.com> Friday, December 16, 2016 3:25 PM Mike Freeman; Julie Cozad; Barbara Kirkmeyer; Sean Conway; Steve Moreno; Esther Gesick Lucinda Smith; Honore Depew; Sarah Kane; Ginny Sawyer; Todd Blomstrom (blomstta@co.larimer.co.us) Weld County Hearing Testimony December 19th 1216 HBG Bio digester.pdf Dear Weld County Commissioners — Staff in the City of Fort Collins Environmental Services Department have been asked to forward the attached letter from Mayor Troxell regarding a hearing scheduled for Monday, December 19th during which you will be discussing the Heartland Biogas Plant. As you will read in his letter, the Mayor speaks first-hand of his experience visiting the plant. To provide additional context about Mayor Troxell's attention to issues that are being discussed about the Heartland facility, Fort Collins has adopted a number of longstanding policies to address responsible waste management for the community, as well as goals for working with regional partners to develop solutions/infrastructure for managing organic materials, such as the Heartland anaerobic biodigesters. Several communities here in Larimer County have begun working closely with Larimer County managers to begin developing a North Front Regional Wasteshed Plan (more information can be found at https://www.larimer.org/wasteshed/ ). Strategies to address municipal solid waste and resource conservation tend to be multi -jurisdictional and can cover large geographic areas, including neighboring counties. Please let us know if we can provide more information about this long-term planning project. Thank you, Susie Gordon Susie Gordon Waste Reduction & Recycling Program Manager Environmental Services Department City of Fort Collins, CO (970) 221-6265 City of Fort Collins r n r 'o►�mCf .si Snf»ces 1 City of Fort December 16, 2016 Dear Weld County Commissioners, Mayor City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.416.2154 970.224.6107 - fax fcgov. corn The City of Fort Collins would like to respectfully provide this letter of support and commendation for the Heartland Biogas (HBG) facility in Kersey. Fort Collins has closely watched the development of the HBG facility because of its importance to our community and the entire North Front Range of Colorado for reaching sustainability and environmental stewardship goals regarding the capture of biogases, diverting organic materials from landfill disposal, and ultimately helping reduce emissions of greenhouse gases to the atmosphere. Fort Collins and Larimer County, as regional neighbors to Weld County, have a large stake in the future of the HBG facility, and quite a few staff and several elected officials, including myself, have visited the plant. Clearly, it represents an enormous financial investment. It is quite a remarkable accomplishment for Weld County to have been selected as the location for this facility, the largest of its type in North America! We understand that properties neighboring the plant have experienced unpleasant odors, which is of course an important issue to resolve. We are confident that the operators of HBG will effectively mitigate odors using state-of-the-art equipment and technology. Given the level of commitment that the investors have already made, it seems only natural that they will ensure that air quality and aesthetic impacts from the plant are carefully addressed. If we can provide further information, please don't hesitate to contact me. Sincerely, Wade Troxell Mayor City of Fort Collins EXHIBIT Esther Gesick From: Sent: To: Cc: Subject: James Welch <jameswelch3445@yahoo.com> Friday, December 16, 2016 3:30 PM Mike Freeman; Barbara Kirkmeyer; Julie Cozad; Sean Conway; Steve Moreno Esther Gesick Final Summary - Heartland Biogas Show Cause Hearing - December 19, 2016 CG( -bob9 Dear Commissioners: I would like to make a final brief summary of the violations of Heartland Biogas that have been presented over the last few weeks. 1. Heartland Biogas has illegally operated this facility without a CD. It was their responsibility to obtain one before beginning operations. 2. They have illegally disposed of their waste on farm ground even after multiple notifications from the state that they were in violation. 3. They illegally accepted and processed waste grease without proper registration. 4. They have violated 8 sections of 4 State Statutes in regards to Solid Waste Facilities. 5. They have violated the Air Quality regulations of the State of Colorado. 6. They have had a Compliance Advisory for their ground water monitoring program. 7. They have violated a minimum of 15 regulations of the Solid Waste Disposal Sites and Facilities Act. Many of these have been a daily violation since the beginning of operation. 8. They have failed to obtain a valid Engineering, Design and Operation Plan and failed to comply with the previous owners plans. 9. Of the 12 engineered and operational odor control measures in the EDOP's, none of them were implemented. 10. They failed to notify the Weld County Department of Public Health and the Planning department of significant changes to the EDOP. 11. They failed to meet any of the requirements in regards to odor control, EDOP requirements, and Odor management plan requirements that the county stipulated in the November 2, 2009 letter. 12. They have failed to implement their Odor Management Plan and continue to fail to prevent off -site nuisance conditions even though regulations clearly state that they "shall not exist at or beyond the site boundaries" and that they must "prevent off -site odor". Please note: Regulation 14.3.3(I)(1) does not require the odor to even be a nuisance. It simply says they must "prevent off -site odor". 13. They failed to provide public notice and allow for a comment period that this was an odorous source per State Air Quality Control Commission Regulation 3 and county requirements in the November 2, 2009 letter. 14. They constructed 6 digesters at 1.7 million gallons each when they were only approved in the amended USR and EDOP to have 5 digesters at 1.2 million gallons each. This is an additional 40% capacity that was not approved. 15. They have operated the facility in contradiction to their MUSR application by storing wastes at the DPS site. 16. The original USR was misrepresented to the county and the public and was approved under the guise that this facility would not produce odor when the applicant had written evidence that this facility would produce odor, even up to the point of potentially violating the Air Quality standards. 17. They have violated the Weld County code and operational standards. 18. They have violated multiple Development standards of their MUSR/USR. Based on the preponderance of evidence, the only reasonable option is a revocation of the land use permit. 1 Thank you again for your time. Sincerely, James Welch 2 PLANNING COMMISSION & BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS December 9, 2016. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POSTA SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE SHOW CAUSE HEARING FOR PCSC16-0004 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign (i 14/W ( Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this I Iin day of , 2016. WITNESS my hand and official seal. Notary Public My Commission Expires: I - I % TONYA JOHNSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104042756 MY COMMISSION EXPIRES OCT. 7, 2018 EXHIBIT I '5D 1R,s444:-Oooy Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Board of County Commissioner Hearing will be held on PtCe1e,9poi11,.at. ci �1N� SNOW CAUSE HEARING, PCSC10-0004, CONCERNING A MINOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN, MUSR14.00w0, 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 JAN ANAEROBIC DIG*STER-BASED RENEWABLE ENERGY PLANT GAS), ALONG WITH A COW** THE BATCH PLANT TO SE USED FOR CONSTRucTronl Of THE SACHUTY Poll Mt ADDITION OF A DIGESTER PROCESS AND A 7O4OO7 NLARI I IN THE A (AGIUCUITlMAt) ZONE onnuc7 FOR FURTHER INFORMATION PLEASE CONTACT ‘S 6 P,Th elisiAT nitwain QTY DEPARTMENT OF PLANNING SERVICES. 100, ext. .. , . information AnningcHses org Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Board of County Commissioner Hearing will be held on JSCeHet 19, 20L; at: 9 I PR Applicant: HfA FZVLPSL E(O h5) Lilac Request: SHOW CAUSE HEARING, PCSC16-0004, CONCERNING 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 ANAEROB/C 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 Case Nu'ber: rLSctce-may FOR FURTHERINFORMATION PLEASE CONTACT OkcakS aii j Wct3 AT THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES, AT 970-353-6100, ext. 353-7 For Additional Information visit www.weldcountypianningcases.org Acres: I ISr 2c3`f • r — • .y •• - . ► 141aV--•u- • ---S. a Ads "WI 4 !ifs rat 4 �reper "sr- raj;, - I.skillt;• "It r•-, • ri , • . , i I i i i I EXHIBIT gi IBIE ltst&-may 12/16/2016 PCSC16-0004 Owner: Heartland Biogas, LLC Legal Description: Part SE4 of Section 24, T4N, R65W of the 6t" PM Location: West of and adjacent to County Road 49 and North of and adjacent to County Road 40 section line Updates and Background • Hearing today continuation of September 19, 2016 on Order to Show Cause regarding action against USR. • Letter from State received November 8, 2016 regarding validity of Certificate of Designation. • Change from Heartland Renewable Energy to Heartland Biogas in 2013 • State notified, approved change, stated no change to the CD necessary in 2014. • Consent Order on Compliance November 10, 2016. • USR is County Procedure and CD is both County and State. 1 12/16/2016 HISTORY OF THE FACILITY July 21, 2010 USR-1704 - A Site Specific Development Plan and a Special Review Permit 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 in the A (Agricultural) Zone District approved by the Board of County Commissioners. Feb. 25, 2013 Changes to Site Layout of USR-1704 approved by the Board of County Commissioners changes included changing from 6 lined ponds (1 storm water pond and 5 addition process ponds) to 3 lined ponds (2 storm water ponds, 1 settling basin, 1 covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to 5 above ground digester tanks approximately 50 -feet in height. Nov. 7, 2013 * Notice of the proposed change sent to property owners within 500 ft. On October 30, 2013 the consultant for the facility submitted a change request form outlining the property information changes which included: (Owner/Operator, Project Developer and Legal Description) State approved name changes on November 7, 2013. 2 USR-1704 plat recorded izr c-i C N In - LL CO C CIO i-' CU C '?� CO C N 4A a co c U _O C }' LO c0 a N a^ L N (0 O co 0.0 O O tap a Q .- C > U O a U Q U tai) L1 A 4= a = U 4-' a) N Q MI a V) o v v CU.0 cu o .E N as O e -I C a 4-0 CC CCO N a D d0 a E O C N "0Z N D O a - Q E E E N Q a u tat) O Ola CN 2 a v) U Q a) U O CL tz0 a O C co m .c13ii0 U = 03 Oa U C O- C ft) c N a 4- Feb. 25, 2015 LE C 0 CO a) t 4-, L O 4- 4-0 9- a 4- O C 0 U L N C 0 U L 8 a v) a o a--+ c c0 Q U a--+ co -Q a +-+ a L U C O U a C 0 N CO L U 561 a) t 4J C CD 4- O Q i O N CO C CO E a) v) v) v) a) U O L a. L a 4--1 N a D CO 4-- O N a) .> L a V) OA C • C C CO a 4- 0 4-0 a E L CD Q a D a t 4-4 - O L O +r U a 0 a 4--I a) > O L Q a. CD U .5-4-0 * Notice of Minor Amendment mailed to property owners within 500 ft. * Development Standard 6 modified to refer to EDOP approval letter dated 12/18/2014. CD L a a) 9- C CO a 4 -I CO a--i N CO O L a 4- a L CO L a C a) to a L O E Co E a 4- 17,- O CO Cu i O -O "2 c Co to -0 W cco = C U a V Q O N v •,a > U a c p to * CO VI L CO C CO 4--0 V) 4) C a) E Q O a) > a 0 a) 4-0 L. - CU 0 CO 0 O i cc v) D 2 L Cl) C a > O 0. a - CO N 72 L co c co 4-, v) C a) E 0. 0 a) > a 0 * Qj 4-I 11-7) C CO 4--i ).- CO a I a) 4I 4--) L- 0 72 L O U a L 4- O 12/16/2016 Feb. 25, 2. MUSR14-0030 - A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR-1704 (solid waste disposal site and ity including Class I composting, an animal waste recycling or processing facilit . n anaerobic digester -based renewable energy plant (gas)) along with a concrete b. plant to be used for construction of the facility) for the add' of a Digester Pr..-ss System and a 70 -foot flare in the A (Agricultur. one District approved by - Director of the Department of Planni : ervices. * Notice of Minor Amendmen •.ailed to propert , ' ners within 500 ft. * Development Standard 6 modified t. -r to EDOP approval letter dated 12/18/2014. * Development Standard # ! odified to make m. - :eneral (refers to all state and federal agencies —vs. CDPHE . -. local laws) * Develop - Standards approved under MUSR14-0030 are the ! -velopment Standards of re • . for the Heartland Site. June 30, 2016 July 11, 2016 November 3, 2016 November 14, 2016 December 9, 2016 Letter mailed via certified mail to owner/applicant re: 7/11/2016 probable cause hearing. Probable Cause Hearing — finding of Show Cause — Show Cause Hearing scheduled for 9/19/2016 Building Permit OLG16-00338 - submitted for 5040 SF Clearspan Fabric Building Addition On Slab - For Receiving Feedstock Material and Temporary Storage to Control Odor —Building Permit has been issued Show Cause Hearing Continued until 12/19/2016 Department of Planning Services conducted site inspection of facility to determine compliance with MUSR14-0030 development standards (notice signs posted for the 12/19 hearing). 3 12/16/2016 December 9, 2016 December 13, 2016 December 15, 2016 Letter requesting to modify Certificate of Designation submitted to Weld County Building Permit submitted under case It OLG16-00391 - OIL & GAS PROCESSING FACILITY - 13,240 SF STRUCTURAL STEEL CLEARSPAN FABRIC COMMERCIAL BUILDING ON SLAB - TO COVER THE RECEIVING AREA & TEMPORARY STORAGE TO CONTROL ODOR — Building Permit currently under review Building permit for 32"X72" FREESTANDING FABRICATED ALUMINUM SIGN WI 16 SF STEEL FRAMEWORK - NO UTILITIES submitted — Building Permit currently under review As of Dec. 15, 2016 there have been 617 odor complaints and 57 odor evaluations. SUBJECT: Show Cause Hearing for MUSR14-0030- A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR-1704 (solid waste disposal site and facility including Class I composting, an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas)) along with a concrete batch plant to be used for construction of the facility) for the addition of a Digester Process System and a 70 -foot flare in the A (Agricultural) Zone District. MUSR14-0030 Development Standard #6 states: The property owner or operator shall comply with the applicable sections of the regulations pertaining to the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) 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. MUSR14-0030 Development Standard #10 states: 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. MUSR14-0030 Development Standard #16 states: Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved particulate emissions control plan. 4 12/16/2016 MUSR14-0030 Development Standard #17 states: 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. MUSR14-0030 Development Standard #18 states: 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). MUSR14-0030 Development Standard #21 states: 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. MUSR14-0030 Development Standard #30 states: 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. MUSR14-0030 Development Standard #34 states: The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. MUSR14-0030 Development Standard #42 states: The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. MUSR14-0030 Development Standard #45 states: 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. 5 12/16/2016 IT LJSF SY SP.Ea-AA- FtFWTRVV" LTSIt-i•7c34 Ft F.AR'i'I -AN I) HI OCAS, I .LCJ_ 1•AK/ 411 1111 844lot •1'IIIIAKI •♦t)I'%1!t— rat lN24, 14).O N48411118 IV<'K 111. 14 ANt II. 41 K' 1•841 <II I111 1.111 r tat. CI .81 N1 V . II• %.' I I I) 4'411 ()K.11)<> Ter 1 • it CITE PLAN 91rr ^• ;1r•.,: r.rinP :art; ^I`t cr.jra a-... .� �•�- .1 �.., - ._. 4.> /MP.Y.4l.1Y • C^n:'��•^ '....mow':'::.::• -x " tIS?: KY SPEC IAL ItF'./ V1/ tiSR-17(. II !: I P...11 3A RTLAN I) I3U)C:AS. L.L.C. ♦3,0 N11IKwav S . La.n .u.s4 C'Cs 1W]Ui (•fill) w" •.r•se . Ph* : (V't41I %...VM41 1 •1N NY)VF1411-1.I I I..I MINOR AMENDMH H :To tJ D I3IOGAS a VIEW PVT SR 14-0030 n,,. R r . IIweir, 044 >I 1'1 1 11'.. -c I • . ( )1 .41 . '114.'1,4 IS. ' itJ W Nisi -lies 4 NCJK'L'H. ECANpr. aft W rtsr < )I' 1'111: 01I l 1•.4•4 <'< >I'Net V OY WBL.LI. Ct7t_OORAf C> •i w•tiA'vt..:i-‘4i+-.`..•N'a1.rr .anr I 't "I L1.. !1M1. -4 'F. - I Y ',IAN y' :I.:JI L.IN 0... -I -JAM • •1 Illl.rir A..MOV/.I f. . I MLN I •J• ..L. fl•.INV n•n._:nY._�'12 k7+__ • - I u• w.vv.N.• .n -- u.+ ✓.n^+..n .n.aJ�.— .. I1V•-v••7t nn-....�.w..• . •. 'as.. ... 4--; 14: I �t Hl' SPEC IAL RI -.VIEW MI ISK 14-00 IO 111-.nR-I-LA N U 13loUAS I..LC' • warn- ; L' ..... • • • >n,0 67.M1 Av0'IYC: Saws IWI. < is v.ala-.. .L. • ...nu^ s • I - a I 6 12/16/2016 8 12/16/2016 9 12/16/2016 10 12/16/2016 • The Improvements Agreement & $735,630 Corporate Guaranty was accepted August 19, 2013. • The funds are for the upgrade of the intersection of CR 40 & CR 49 with the installation of auxiliary lanes (Right Acceleration & Right Deceleration). • $735,630 payment was accepted and the Corporate guaranty was released on September 14, 2016. 11 12/16/2016 Engineering Development Review Inconsistencies The approved drainage report on file does not appear to match the condition in the field. The revisions/modifications were not submitted to the Weld County Planning Department as required in Development Standard 10. • Development Standard 10 States: "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 Design and Operations Plan." It appears that the facility has not notified Weld County Planning Department of a deviation from or proposed changes to the 2013 EDOP. 12 12/16/2016 These Storm Volume Tables are included in Appendix M of the 5/21/13 Drainage Report: J\(il'ROft.„,11I .111, ► I.( HEARTLAND NORTH POND 5/1/2013 161 Q. Cr3t91r 69nau Comdata C6all6m. Yams n Yies ISSi! I � 109.91 400 4001 0.0 512 0 00 1 o eoss A 244 4 264 0 1 L 402 20 23 465 15760 '--n35 70044' 05. 4603 36 4.2)1 53867 13 406 4.0 79056 63 838 t 19.524 2 406 5.0 110.854 $.964 214 479 4 9 4006 6.0 '40750 125 002 340 211 7 8 407 70 167529 154 140 494.121 1' 4 _ 406 6A 175445 171 487 665.906 15 3 4009 9 0 163.476 17940 646.366 101 410 /0A 191 022 •67 549 1.032.916 _ ii i 411 ill '99 664 190 753 1 226.671 26) 4012 120 )06261 294.073 1.432744 329 4113 110 1'6734 212 SOS 1645252 176 4111 13.3 D313 1 671 785 39 5 414 140 225 362 1 721 068 t 886310 42 6 4015 150 IS o 234006 229 774 _ 2 098.033 41 416 142 924 236.506 2 311.536 53 5 ump Dor reetorrA Man rap O Berl 1 l7U OUR O1 M AI[UIIUA! HEARTLAND SOUTH POND ftsskmakHAL 1a►., 511/2013 tit L01 411192 Gontovr Nialohuol CJIMS03_ C9®9161139. ftndola tam cam label Wine SA cm tri1 a n 4404 8.0 511 0 0 00 4005 1.0 12.490 6.506 6.505 0I 406 20 39910 28.164 32,859 0 7 4007 3.0 82.415 Out? 93.771 22 4000 4.0 130 382 110388 204.159 4.7 4000 8.0 194.988 166.875 370.834 5 5 4010 10 248.587 221 778 592.812 13.8 411 7.0 296,646 273.707 066.319 199 4412 8.0 345.824 322.335 1.188.654 27 3 4613 8.o 357269 351.547 1,540200 364 414 18.0 388.886 363.077 1,903217 43 7 440 11.0 380.671 737.940 2,278.340 52 3 416 12.0 302 627 386.049 2.664 769 61 2 417 13.0 404 763 398190 3.063.479 70 31 410 11.0 417050 410901 3.474.381 7981 1 4019 16.0 429 516 423.283 3.891.664 89.5 4020 Ito 442 153 435.835 4.333.499 99.5 Based upon information from a site visit on Tuesday, 12/13/2016, this report may not reflect the actual condition in the field. More information has been requested. bt1P Down for 7onn r40001a Mani 11tl Amor Pa 00 darn Weld County Environmental Health Department Presentation Overview • Air Quality • Outlining the Odor Violation and associated Compliance Order • Overview of compliance issues with the USR • Solid Waste • Defining the CD • Overview of approved EDOP and addendums • Overview of compliance issues with the USR 13 12/16/2016 Air Quality Definition • An APEN or "Air Pollutant Emissions Notice" is required when an entity releases "criteria" air pollutants (such as particulates, VOC's, oxides of Nitrogen, oxides of sulfur, and CO) in excess of 1 ton/year, but below the non -attainment area pollution limits. • A Permit is required when an entity releases "criteria" air pollutants above the non -attainment area pollution limits (this may vary depending on pollutant). 14 12/16/2016 Heartland Current Air Pollutant Sources (APEN/Permit) • Anaerobic Digester. -Permit • Fugitive particulate dust. -Permit • Flare to burn off gas. -Permit • Boiler. -Permit • Composting. -APEN • Generator. -APEN Fu ions of Compliance Evaluation lnspectio December 1St and 6th, 2016 • Review of the Operations a Maint- • . nce Plan for compliance. • Air Permit compliance. • Compliance with the U. Developm- ' Standards. Separate from State Permits/AP and/or 0 and M Pla • All Compli. e Evaluation Inspection repots t be approved by the Air Po ion Control Division prior to final submit . to the facility. T. does not include any USR Development Standar. ' ues. 15 LD C 0 0 ., N co C1 > -O W C U +� C s. CD E E U S 4- Q) 0 V) C 0 -I-) U C D U — a) co • Review of the Operations and Maintenance Plan for comp • Air Permit compliance. > .- E - fo a) N a) 0 ' a) al ca. O N CO a — cn Q Co Co • a) a) + -2 u) E ca ' 0 _O .73 i Co ca E cn 4-1 i .= - CO 4- v) = Co CI O E = a_ L a) o. E2 0 c a) a -O :7.- a_ > O co a 0O 0 > O Cl. .0 CC o L- - .≥ : cCo, c0 > v) -0 O c D = .4—;O C0 co co 4'' a) � Z ro o73 4-1 w > U -C w c U Q a) O .� =� O a,•— CSC `- � E - o m O Q 73 ,Co U U v) Q F- • • 12/16/2016 Compliance Assistance • Regulatory compliance Items: • An APEN shall be submitted for the Digester Processing System (DPS) emission point(s). This has not been submitted. • Development Standard Compliance Items: • Development Standards, 17, 18, 21. Presented on additional slides. Development Standard 17: The fac.Iity shall operate in compliance with applicable Colorado Air Quality Control Regulations and comply with any permits issued by the Air Pollution Control Division. • The Air Pollution Control Division has not approved the inspection report at this time. The findings cannot be released until the APCD approves the report. 16 12/16/2016 Development Standard 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 sources shall not exceed 20% capacity. There shall be no visible emission from any building openings. The facility was found to be in compliance with this Development Standard at the time of WCDPHE inspection. • At the time of the inspection, December 1st and 6th, 2016, there were no visible emissions from the permitted flare. • WCDPHE Staff received a photo of emissions from the flare on July 24, 2016, however, the photo was taken on July 22, 2016. • The APCD indicated that violations could not be determined through photographic evidence. A proper EPA Method 9 and/or 22 evaluation would have needed to be done, but was not. Development Standard 21: In accordance with the Air Quality Control Commission Regulation Number 2, odor detected off site shall not exceed the level of seven -to -one dilution threshold. One documented violation to date. • One violation was noted on April 27, 2016. • No other violations have been documented. • A Compliance Order on Consent was issued to Heartland and effective as of November 17, 2016. • This Compliance Order outlines specific actions required of Heartland. • Generally Heartland is being required to construct additional odor control structures which includes enclosures and treatment systems. • There have been no odor evaluations, other than the April 27, 2016, that have exceeded the 7:1 dilution threshold pursuant to Regulation 2. • To prove the exceedance of 7:1, a greater than 8:1, but less than 16:1 reading is required. Two readings separated by more than 15 minutes, but less than 60 minutes is required for a violation. • The sources are allowed to emit odors that are less than a 7:1 d/t concentration. Off -site, odor - free, operations are not required by Regulation 2 of the Air Quality Control Commission and MUSR14-0030. 17 12/16/2016 COMPLAINTS of HEARTLAND BIOGAS ODOR WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT BOCC Probable Cause Hearing December 19, 2016 Complaints: November 11, 2015 (first complaint received)- December 15, 2016 617 Nasal Ranger Evaluations: November 11, 2015 -December 15, 2016 57 4 %Vi t r t <n•n. l • •'• -• it.:.astl krAtICT nz„rt,..tyt. IMI t' R.- ?Afay.tea ,. , f.., , rte ....... ,- -, tq+a - '-rsa/ P: w.sca C' A-iaai v../Mt4"i. - - _ c: k 4F' . -r NOB. .. A moms ([ELY Peillem •c • 4 ran to aim • - • t '_ 233€x[/' lir'{1Z3 • • . KEY. - " o = La=at.on.s aftofplainb t� . 4,a Ln,at.nns a1 Odor RenaInn-, a 4 r., "•'• s{i £`+ 3 , ve.aoo O Notes *61111010 O ,_^for 1M '6J00 C .M nu .n • • a read an CeO1 tev.. 1 rnr•r +•..p -y an and -a b toss. a Ganger 0 Ire NMI Ca Lealeef. a 000 irnall•P w Ma mare a an :]a.•'e el re ewe en elr nog .,y' y ..y •V a a., Lean taia/w.aibilera OlwOraa ,- orlon be Sara O Wad COMO, Carat The MAP a NW to a •O11 reaMGnION• to 18 12/16/2016 Solid Waste Certificate of Designation (CD), Engineering Design and Operation Plan (EDOP) and Compliance Definitions • Certificate of Designation (CD): means a document issued by the governing body having jurisdiction to a person authorizing the use of land for a solid waste disposal site and facility pursuant to the Solid Waste Act and the Regulations Pertaining to Solid Waste Sites and Facilities. The "certificate of designation", which incorporates all information as may be required by the Department and the governing body having jurisdiction, is then issued by the governing body having jurisdiction if the Department has determined that the minimum standards are met. • Recommendations on certificate of designation applications, including the engineering design and operations report, shall be based upon compliance with the Act and these regulations. This includes subsequent modifications to the Engineering Design and Operations Plan. 19 12/16/2016 Definitions • Section 1.3.5 of the Regulations States: "The construction, operation and closure of all new facilities for solid waste disposal shall comply with designs, specification and procedures outlined in the CD application, OR in amendments to such applications approved after Department (CDPHE) review, and with applicable local requirements, and with the standards of these regulations." • EDOP is part of the CD application and the amendments have been approved. • An EDOP is a living document that will continue to be updated and amended, with approval, throughout the life of a facility. CD/Engineering Design and Operations Plan (EDOP) History • April 7, 2010 CDPHE Letter • Recommended approval for the CD. • Outlined 8 Conditions still needed for final approval of the EDOP. • The Regulations state that: "Any technical conditions of approval made by the CDPHE in its final report shall be incorporated as requirements in the CD." • USR-1704 was approved August 9, 2010 • Based on the original Use by Special Review permit (USR-1704) and the CD being approved as a single document, Development Standard 6 was required. • Based on the above Regulation, this Development Standard has continued through additional USR changes. • Site approved as a Class I compost facility. 20 12/16/2016 CD/Engineering Design and Operations Plan (EDOP) History Cont. • 2010 to the 2012 EDOP: • The 8 Conditions from the April, 7, 2010 were addressed in the resubmittal of the EDOP on November 7, 2012 (not approved). This EDOP also included the change from inground digesters to above ground. • This modification for the site layout was approved by the County on May 1, 2013. • After 4 revisions to the original November EDOP resubmittal (February, March, May and June) the June 7, 2013 EDOP revision was approved by the CDPHE. The most current CDPHE approved version is considered the acting document by the State. CD/Engineering Design and Operations Plan (EDOP) History cont. • Name Change: • On October 30, 2013 the consultant for the facility submitted a change request form outlining the property information changes which included: (Owner/Operator, Project Developer and Legal Description) • State approved name changes on November 7, 2013. • Construction/ first accepted feedstock: • A Construction Quality Assurance Engineer Final Certification Report for Phase I, dated December 4, 2013, was submitted for review to the CDPHE. A final approval letter was issued April 4, 2014 after revision were made. • The CDPHE approved the facility to accept feedstock (manure) on January 10,2014. • The first feedstock delivery (manure only) was delivered on January 11, 2014. 21 12/16/2016 CD/Engineering Design and Operations Plan (EDOP) History Cont. • Facility Approved as a Class I Compost facility (original USR-1704) • Can accept Type 1,2 and 3 feedstock: • Type 1 which includes: Agriculture crop residues, manure, untreated wood wastes, yard, paper and green wastes • Type 2 which includes: Animal material, animal mortalities, and source separated food wastes • Type 3 which includes: Biosolids, solid waste, processed solid waste and sludges • Digester Processing System (DPS) • Generally handles all other wastes other than manure. • Operation of the DPS is described in the November 18, 2014 DPS EDOP addendum. • Addendum approved by the CDPHE in a December 18, 2014 letter. • CDPHE indicated that an updated CD was not required in a October 8, 2014 letter. • The addition of the DPS required an amendment to the USR, this was approved through MUSR14-0030 on February 25, 2015. CD/Engineering Design and Operations Plan (EDOP) History Cont. • According to the 2013 EDOP: "A separate stand-alone low permeability pad Work Plan will be submitted under separate cover to the Solid Waste Division of the CDPHE and WCDPHE for review and approval." • Based on this requirement the Digested Solids Site Operating Plan (DSSOP) was submitted and approved with conditions by the CDPHE on November 20, 2015 • DSSOP covers items related to the work pad permeability, storage of the digested solids (DS) and testing for pathogen reduction. • This DSSOP is considered a Pilot Program by the CDPHE which requires a final report to be submitted and approved before the DSSOP can formally be included as a revised EDOP amendment. • Revised EDOP amendment must be submitted 90 days of pilot project completion. (early spring 2017) 22 12/16/2016 CD/Engineering Design and Operations Plan (EDOP) History Cont. • DPS Acceptance of Waste: • First took Waste Grease October 9, 2015 • Received Waste Grease Facility registration on February 3, 2016 • Received approval from the CDPHE to take waste on February 25, 2016. • Received waste prior to these approvals, will cover in a later slide. • Recap of Approved Documents: • June 7, 2013 EDOP • December 18, 2014 Digester Processing System EDOP Addendum • November 9, 2015 Heartland Biogas Digested Solids Site Operating Plan Compliance/Complaints/ Inconsistencies • November 14, 2016 Show Cause Hearing: • Evidence was presented that the facility may be in violation of various Development Standards of USR-1704 and MUSR14-0030: 6,10,16,17,18,21,30,34,42,45 • November 8, 2016 letter from the Attorney General's Office indicated that the facility does not have a valid CD. • November 29, 2016 WCDPHE Conducted a Solid Waste Inspection: • Found compliance issues with Development Standards: 6,7,10 and 34 • December 7, 2016 request to immediately cease applying waste off -site. • December 12, 2016 WCDPHE inspection letter sent. 23 12/16/2016 Compliance/Complaints/ Inconsistencies • Development Standard 6 States: "The property owner or operator shall comply with the applicable sections of the regulations pertaining to the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) and be constructed, operated and monitored as detailed in the application material 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." The facility was found to be out of compliance based on the following items (next slides): Compliance/Complaints/ Inconsistencies • Development Standard 6 Compliance Issues • Items associated with the WCDPHE inspection: • Does not have a valid CD • Illegally disposing of waste through land application. Does not have an approved Beneficial Use Determination or approval from the County. Both needed. • Received waste prior to approval from the CDPHE as a Waste Grease Facility. • Inconsistent EDOP Issues: • No "shelter" over unloading areas as indicated in the 2013 EDOP which says a shelter will be provided for substrate unloading and dewater solids storage. • Unloading practices for manure are not consistent with EDOP. The 2013 EDOP states a hose will be used to pump out manure tankers. Manure is currently unloaded through open hatches. • Material staged for de -packaging not stored in coverall building. The 2014 DPS indicates that all material staged for de -packaging will be stored in the coverall building • Appendix X of the 2013 EDOP states "... all incoming waste streams will be stored in enclosed/covered storage area..." Currently manure waste is stored in an open pit. 24 12/16/2016 Compliance/Complaints/ Inconsistencies • Development Standard 6 Compliance Issues cont. • Inconsistent EDOP items cont. • Fencing is not as described in EDOP which states a six foot high chain link fence will surround the Digester facility and the soil amendment area will be fenced with barbed wire. There is no fence around the soil amendment area and a six foot high chain link is not around the digester. • Site security measure are not as described in EDOP, there is no security controlled entrance or access via an ID card. • The Regulations pertaining to Solid Waste indicate that a facility will prevent off -site nuisance conditions (including odor), while D.S. 21 indicates a dilution threshold below 7:1 is required. The Colorado Air Quality Control Commission Regulation number 2 takes precedence. • The implementation of a bio-filter at the substrate processing tanks associated with the DPS has not been implemented which was outlined in Appendix X of the 2013 EDOP. Compliance/Complaints/ Inconsistencies • Development Standard 6 Compliance Issues cont. • Items brought up during the Show Cause Hearings not otherwise addressed: • Dust- dust was not observed at the time of the inspection to be leaving the site. This also addressed in Air Quality section as Development Standard 17. It should be noted that when winds are above 30 mph compliance violations cannot be made. • Garbage- garbage was not observed to be blowing off -site at the time of the inspection or during the odor evaluations performed at and around the site. Since not observed, Development Standard 16 and 30 will not be addressed at this time. • Odor Levels- odor was not encountered above 7:1 dt off -site at the time of the inspection. 25 12/16/2016 Compliance/Complaints/ Inconsistencies Development Standard 7 States: "Following construction, HRE shall submit to the Division and Weld County, for review and approval, a construction certification report, which includes construction record drawings, deviations from the approved plan, and results of all testing and documentation requirements set forth in the CQA/QC Plan. The construction certification report shall be submitted at least sixty days prior to the acceptance of feedstock." Based on documentation the facility was not compliant with this Development Standard. • The Construction Certification Report was submitted on December 4, 2013, but manure waste was delivered to the site January 11, 2014. Compliance/Complaints/ Inconsistencies • Development Standard 10 States: "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 Design and Operations Plan." It appears that the facility has not notified WCDPHE of deviation from or proposed changes to the Approved 2013 EDOP, 2014 DPS Addendum or the Digested Solids Site Operating Plan. 26 12/16/2016 Compliance/Complaints/ Inconsistencies • Development Standard 10 Compliance Issues: • Change orders were submitted to the CDPHE but not the County as shown in a February 24, 2014 email exchange between CDPHE and AGPROfessionals LLC. • Heartland is under the understanding that modification do not need to be submitted to the County because of an email with the CDPHE and an interpretation of one condition from a CDPHE letter. • Heartland indicated they had submitted a waiver request concerning their groundwater plan to the CDPHE, but the County never received the request. Compliance/Complaints/ Inconsistencies • Development Standard 34 States: "The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code." • Based on WCDPHE's inspection Heartland has failed to pay their Solid Waste Surcharge fees. • Items outlined as compliance issues associated with Development Standard 34 in the November 14, 2016 hearing have been addressed in previous slides, however, this does not mean they do not violate this development standard as well. 27 12/16/2016 Recap Solid Waste and Air Quality • Air Quality • The facility had a single violation of Development Standard 21 and the Air Quality Control Commission Regulation Number 2. • Facility must submit APEN for DPS. • Facility is part of a Compliance Order with the Air Pollution Control Division. • Solid Waste • Facility is operating with an approved EDOP which is the 2013 EDOP and approved amendments. • Facility is operating without an approved CD. • Waste was taken after CDPHE approval except for waste grease. • Site was approved to change from inground digesters to aboveground. • All waste received onsite are approved wastes. • Compliance issues were noted in WCDPHE's December 12, 2016 inspection letter. • A plan to correct all items listed in the inspection letter is required by December 28, 2016. Department of Planning Services Compliance Overview 28 12/16/2016 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. Trash containers uncovered (need to be covered to prevent potential for blowing trash). * Applicant has indicated that trash containers will be moved into proposed waste 13,240 SF STRUCTURAL STEEL CLEARSPAN FABRIC COMMERCIAL BUILDING applied for under OLG16-00391 (currently under review) 34. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. A) Per Chapter 23 of the Weld County Code — Mobile Home Zoning Permits required for office trailers. Two office trailers permitted on the site per ZPMH15-0016 and ZPMH15-0017). Office trailers can be permitted for up to 18 months and these zoning permits expired November 2016. Operator wants to keep trailers on site for on -site Construction. • Either an extension needs to be requested and granted by the Department of Planning Services Director or new Mobile Home Zoning Permit applications required. B) Sign at entrance to facility exceeds the 16 -square foot maximum sign size allowed (sign is 32 square feet). Additionally, a building permit is required for the sign. • Operator submitted building permit for a 16 -square foot sign (to replace existing sign) 12/15/2016. C) Three (3) Cargo Containers on the site do not have building permits. * Building permits are required to be submitted for the Cargo Containers or the Cargo Containers shall be removed. 29 12/16/2016 Cargo Containers are also not in compliance with Development Standard #41: Building permits maybe required, per Section 29-3-10 of the Weld County Code... Development Standard #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. 23-2-240 (Design Standards) #12: The placement of signs on the site shall comply with the requirements of Article IV, Division 2 and Appendixes 23-C, 23-D, and 23-E of this Chapter. * A building permit for a sign in compliance with Chapter 23 of the Weld County Code was submitted 12/15/2016. Sec. 23-2-270. - Development standards. An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any DEVELOPMENT STANDARDS approved and adopted by the County. The DEVELOPMENT STANDARDS shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the development standards. 30 12/16/2016 Section 2-4-40.O — Weld County Code: Where the Board is considering the revocation or suspension of a permit or license, including but not limited to uses by special review and permits issued under Chapter 21, but specifically excluding liquor licenses, the Board shall consider evidence and statements in mitigation and in aggravation of the violation prior to determining the appropriate penalty. Such evidence and statements may relate to and include, but not be limited to, the following: The compliance history of the party against whom the complaint was made with respect to the permit at issue or other County -issued permits. Good faith efforts on behalf of the person against whom the complaint is made to comply. Duration of the violation. Economic benefit of noncompliance to the person against whom the complaint is made. Impact on, or threat to, the public health or welfare or the environment as a result of the violation. Malfeasance. Whether legal and factual theories were advanced for purposes of delay. In addition to the factors set forth in this Subsection, the following circumstances shall be considered as grounds for reducing or eliminating penalties: The voluntary and complete disclosure by the person against whom the complaint is made of such violation in a timely fashion after discovery of the noncompliance. Full and prompt cooperation by the person against whom the complaint is made following disclosure of the violation, including, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts. The existence and scope of a regularized and comprehensive environmental compliance program or an environmental audit program. Substantial economic impact of a penalty on the violator. Other mitigating factors. POTENTIAL SHOW CAUSE COURSES OF ACTION: • DISMISSAL • CONTINUE TO LATER HEARING DATE • SUSPENSION • FINE • REVOCATION • INJUNCTIVE ACTION 31 Hello