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Home My WebLink About20163696.tiffEXHIBIT INVENTORY CONTROL SHEET Case PCSC16-0004 - HEARTLAND BIOGAS, LLC Exhibit Submitted By Description A. Planning Services PowerPoint Presentation B. Jessica McKeown Email of Opposition, dated 9/16/2016 C. Applicant PowerPoint Presentation Weld County Citizens for Clean Air PowerPoint Presentation E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Ken and Kathy Hoyland Email of Opposition, dated 9/20/2016 SPO Vicinity Ownership Map Ken and Kathy Hoyland Email re: Odor w info hyperlinks, dated10/17/2016 James Welch Email re: Odor, dated 10/17/2016 Amy Buckridge Email re: Odor, dated 11/3/2016 Patricia O'Connell Email re: Odor, dated 10/27/2016 Ken and Kathy Hoyland Email re: Odor, dated 11/5/2016 Todd Amen Email re: Odor, light, traffic, dated 11/8/2016 Chris Gathman Updated PowerPoint Presentation James Welch Email re: Odor, dated 9/20/2016 Deb Morris Email re: Odor, dated 9/21/2016 Miranda Arens Email re: Odor, dated 11/14/2016 Chris Bennett Email re: Odor, dated 11/14/2016 Russ Justice & Julie Reynolds Email re: Odor, dated 11/14/2016 Tim & Jackie Nelson Email re: Odor, dated 11/14/2016 Patricia O'Connell Email re: Odor, dated 11/14/2016 Sharon Welch PowerPoint Presentation James Welch PowerPoint Presentation Applicant PowerPoint Presentation X. James Welch Binder of Documentation 11/14/2016 Y. Rena Arens Email Odor Report 11/16/2016 Z. James Welch Email Request 11/16/2016 AA. James Welch Email 11/16/2016 AB. Chris Bennett Email Odor Report 11/16/2016 AC. Rena Arens Email Odor Report 11/17/2016 AD. Miranda Arens Email Odor Report 11/27/2016 AE. Chris Bennett Email Odor Report 11/27/2016 AF. Kathy Hoyland Email Odor Report 11/27/2016 AG. Rena Arens Email Odor Report 11/27/2016 AH. Kathy Hoyland Email and Photos Substrate Tank Overflow 11/28/2016 Al. James Welch Email and Photos Substrate Tank Overflow 11/28/2016 AJ. Kathy Hoyland 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 AZ. Health Dept. Staff BA. Holland and Hart City of Fort Collins EH BB. Dept. BC. James Welch BD. Planning Services staff BE. Email of Rebuttal of Applicant letter, 12/15/2016 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 Certification of sign posting and site inspection photos 12/16/16 Planning Services staff PowerPoint Presentation, 12/16/2016 BF. Ken and Kathy Hoyland BG. Debra Morris Amy Randall, CO Assoc. BH. for Recycling BI. 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: CO Public Radio Interview, 12/18/2016 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. • EDF Renewable/ Heartland Show Cause Hearing ii/i4/zoi6 • Show Cause Decision Considerations 1. The compliance history of the party against whom the complaint was made with respect to the permit at issue or other County -issued permits. 2. Good faith efforts on behalf of the person against whom the complaint is made to comply. 3. Duration of the violation. 4. Economic benefit of noncompliance to the person against whom the complaint is made. 5. Impact on, or threat to, the public health or welfare or the environment as a result of the violation. 6. Malfeasance. 7. Whether legal and factual theories were advanced for purposes of delay. Outcomes * Revocation * Suspension * Fines * Dismissal • • Facility Type This is a Solid Waste facility and not an Agricultural facility. In a letter dated April 15, 2010 from Clay Kimi (Public Works) to Chris Gathman (Planning): "Because the facility is importing a variety of waste materials onto the site and then selling the produced natural gas, the County considers the facility to be industrial rather than agricultural in nature. The State considers the facility to be industrial because they are permitting it as a solid waste facility." Development Standards Violated Previously presented: MUSR 14-0030 Development Standard #17, 21 and 45 Should also include: MUSK 14-003o Development Standard #34: The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. MUSR 14-003o 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. • Development Standard 16 MUSR 14-003o Development Standard #16: Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved particulate emissions p/an. 10/16/2016 4 I 11/04/2016 10/11/2016 • • Development Standard 618 MUSR 14-0030 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 source shall not exceed 20% opacity. There shall be no visible emissions from any building openings. Aug 21, 2016 • • Development Standard 30 MUSR 14-0030 Development Standard #30: Waste materials, not specifically addressed by other development standards, shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. Trash in road 4o right of way. Milk cartons/jugs in neighboring fence lines General trash from EDF Heartland facility (construction material, boxes, containers, etc.) arnir • • • Development Standard 6 MUSR 14-0030 Development Standard #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 be constructed, operated and monitored as detailed in the application materials and conditions detailed in the Design & 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 i8, 2014 from the CDPHE. • • • Design and Operation Plan Non-compliance on Non -Odor Issues DOP Section 2.A.2.b: "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." 6 CCR 1007-2 Regulation 14.11.5 E Signage 1 a ArEARTLAND biogas project eDF FILMIC renewable energy • • Design and Operation Plan Non-compliance on Non -Odor Issues DOP Section 2.A.2.c: "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 barb wire. An ID card access will be used to prevent unauthorized access or material delivery from entering the site." 6 CCR 1007-2 Regulation 2.1.8 Security Design and Operation Plan Non-compliance on Non -Odor Issues DOP and Amended USR: Approved 5 digesters at 1.2 M gallon capacity. WHEREAS, the Board was presented with a request from Shelton Land and Cattle, Ltd., and Headland Renewable Energy, LLC, c/o 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) 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 approximately 50 -feet in height, and to five (5) above ground digester tanks There are 6 digesters on the facility! • • General Solid Waste Rules for Odor The goal is to PREVENT off -site nuisance conditions. 6 CCR 1007-2 Regulation 2.1.1 "Sites and facilities shall comply with the health laws, standards, rules, and regulations of the Department, the Water Quality Control Commission, the Air Quality Control Commission, and all applicable laws and ordinances. 6 CCR 1007-2 Regulation 14.3.3 I: "Odor Control: A composting facility shall implement its Department approved odor management plan as necessary to control on -site and prevent off -site nuisance conditions." 6 CCR 1007-2 Regulation 14.11.5 C: "Nuisance Conditions: A composting facility shall control on -site and prevent off -site nuisance conditions such as noise, dust, mud, odors, vectors and windblown debris." • Design and Operation Plan Non-compliance/ Liquid Organic Waste DPS DOP Section 8.B: "In addition to the Odor Management Plan provided as Appendix X, contingency plans for the implementation of a bio-filter system shall be included for the substrate processing tanks associated with the DPS if shown to require mitigation." November 18, 2014 2010 Digester Plan Had odor control for substrate tanks and indoor unloading. This is the plan the county reviewed to approve the USR. 2013 Digester Plan Best Practices for odor control and waste handling removed! • • Design and Operation Plan Non-compliance/ Feedstock Handling DOP 3.C.1: "Feedstock Unloading: The driver will back into the spill containment area, connect to the designated unload hose and pump out the tanker." Feedstocks are defined as Organic Substrates AND Dairy Manure. • • Odor Management Plan "Odor will be greatly reduced in comparison to an animal feeding operation. All incoming waste streams will be stored in enclosed/ covered storage areas for the reduction of any offensive odors. In the event odor conditions do arise, remedial action shall be taken to mitigate the offensive odor." • • Odor Management Plan Non-compliance/ Odor Management Plan - Manure All incoming waste streams will be stored in enclosed/ covered storage areas for the reduction of any offensive odors. 2010 Plan: Best Practices for waste handling included. Manure stored covered and unloaded enclosed. 2013 Plan: Best Practices removed! Required to be stored covered but is not. No plan for unloading enclosed. Other Engineered Controls Under Evaluation C t .. ► f:1fP (Atrium i Effluent Pit 1.45 furl Buxt'rn Fxli.,tp,t Si;tc I: • le t,, Item North and South law ire • Mit re t)nt eluttttdl Treatrntnt ::CD. i 1 0/ "AO Odor Management Plan Non-compliance/ Odor Management Plan - Soid Organic Waste All incoming waste streams will be stored in enclosed/ covered storage areas for the reduction of any offensive odors. 10/2/2016 10/16/2016 • • • Non-compliance/ Odor Management Plan - Solid Organic Waste All incoming waste streams will be stored in enclosed/ covered storage areas for the reduction of any offensive odors. DPS Facility: MUSR Application states there will be NO storage of wastes on the site. Odor Management plan says waste will be stored enclosed/covered. Best Practice to unload and process enclosed was known in 2010 plan. Did not include in DPS design. Engineered Controls Digester Processing System (DPS) 'nand Existing Falmc Budding • :rRJOU? ‘1( ,rtr(• \(•r1ar,lted Orl3A'11 irr„• r r I • ,I :1 lour Stur.tt;e• ut ti".trertal,, Badding (_ over mg Concrete Unloading P thI :'i r• C.°llett indoor budding Air and Twat in Biotiltr•r • Development Standard 6 MUSR 14-0030 Development Standard #6: The property owner or operator shall comply with the applicable sections of the regulations pertaining to the Solid Waste Disposa/ 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 Design & Operations Plan approval letter, dated April 7, 201o, 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 78, 2014 from the CDPHE. April 7, 2010 Letter On March 26. ?t)10 the Division received Revision 113 to the DOP dated March 19, 2010 ("Revised DOP"). The Division lias reviewed the Revised I)OP for technical merit. It is the determination of the Division that the proposed facility can comply with the technical, environmental, and public health standards in the Act and corresponding Solid Waste Regulations if the facility is constructed, operated, and monitored as detailed in the Application, • • • Timeline of Design and Operation Plan V. 2010 Plan: Best practices included for waste handling, storage and tanks. "Heartland completed an agreement with H BE/EDF Renewable Energy to develop, construct, own and operate the Facility on February 28th, 2012" - AgPro letter to Weld County, November 9, 2012 I.' I net g\ I twen(arid I IIq I .IIP.O• flat; ,I. November 27, 2012 Plan: Best Practices Removed! • • Odor Management Plan Non-compliance/ Odor Management Plan - Mitigation Plan Mitigation Plan for Off -site odors: 2. Limit new material to the site until odor conditions are abated 3. Remove offending material from the site if necessary • • • Violated Multiple Design Standards Removed Best Practices from plans Not compliant with current plan Proposal is still not compliant Proposal does not put back Best Practices Not adhering to MUSR application Potential violation of additional Design Standards • • • lorado Re .. dor Complaints: Years 2004 -October 2016 .. County Reported # Odor Descriptive General Source 5 Weld 497* Decomposing Organic Feedstock -Chemical Bio-Fermentation Plant-Biogas Synthesis (AKA Heartland) Year or General Span of Vnarc 2015-2016 • Weld 300+ Adams 40 Denver Sewage Paint -Solvent 27 Pet Food Decomposition El Paso 18 Chemicals Waste Water Treatment Plant (Northglenn WWTP) 2004-2016 Wood Products Manufacturing 2004-2006 Pet Food Processing Plant (Purina) 2016 Chemical Syntheses 2011 Boulder 10 Human Food Human Food Processing Plant -Odors were of palatable food not decomposing materials 2014-2015 Morgan 9 Decomposing Organics *Line 1. is "accurate" as of November 8, 2016 Sugar Beet Processing 2013 • • Told the county and community there would be no odor. Most impactful odor producer in the state. Told the county and state in their original DOP that they would have best practices for odor control on the manure pits and substrate tanks. Best practices were removed after initial USR approval. Told the county and state that all incoming wastes would be covered. Proposal still not in compliance. Told the county and state they would consider limiting or removing offensive odor material. They asked to bring more offensive material in. Told the county they needed to do more investigation on sources of odor and how to control it. Odor sources and Best Practices were known in 2010 but removed. ..... And countless other examples! "I know of no way of judging the future but by the past." - Patrick Henry • Original Design and Operation Plan Re: This is from 2010 and clearly shows the known odor sources and that the best practices for treating the tanks, storing the wastes and unloading were well known. The highlighted areas are the Best Practices that were removed in the 2013 plan without notifying the county. Slides: 13, 14, 16, 19, 20, 24 • I'l Waste to Energy Design and Operation Plan Developed in accordance with Colorado Solid Waste Regulations, 6CCR 1007-2 Sections 11 and 14 For Heartland Renewable Energy, LLC SE % of Section 25 T4N R65W Operated by Colorado Green, LLC A subsidiary of Heartland Renewable Energy, LLC AG i R() Prepared by AGPROfessionals, LLC 4350 Highway 66 Longmont, CO 80504 (970) 535-9318 April 2009, Original July 15, 2009, Revision 1 September 15, 2009, Revision 2 February 19, 2010, Revision 3 Heartland Renewable Energy Design and Operations Plan • • Se • • The first of these is caustic soda (sodium hydroxide) for the following purposes: (1) to neutralize an acid condition that could develop in the stored food waste slurry prior to its injection into the digesters; (2) as a makeup solution to the facility process (Paques) that removes hydrogen sulfide (H2S) from the HRE facility's biogas by bacterial action which converts the H2S to elemental sulfur (a fertilizer that will be marketed); and (3) for neutralization of any potential acid conditions developing in the digesters from over feeding the digester system in a given time period. The sodium hydroxide injection into the digesters or food waste slurry will neutralize any excess acetic acid formed during the digestion process, with the sodium hydroxide converting to sodium acetate which will be consumed by the digester bacterial population. The small amount of sodium acetate that may remain in the digester effluent will partition between the solid (effluent Total Suspended Solids) and liquid (effluent) phases. A small amount of sodium acetate will be found in the soil amendment and a small amount will remain in the wastewater to serve as a nutrient for the aerobic microbes in the downstream effluent treatment system. Sodium acetate is nonhazardous, and in fact is added to foods as a seasoning in the form of sodium diacetate; a 1:1 complex of sodium acetate and acetic acid. The second additive is ferrous chloride whose purpose is to remove hydrogen sulfide (H2S) in the digester effluent by its reaction with the hydrogen sulfide that results in the formation of ferrous sulfate and iron sulfide (which precipitates out of the digester effluent). This treatment reduces the potential for H2S emissions. The iron sulfide precipitate will be periodically removed along with other settled materials from within the digesters. Some may be incorporated in the soil amendment recovered from the digesters, and much of it will be in the water going to the Recycle Water Treatment System for removal. Any iron sulfide removed from the water will be marketed to an end user or properly disposed of in a permitted sanitary landfill. The third additive used in the HRE facility will consist of a cationic polymer compound added to the digester effluent as part of the effluent water treatment and recycle process for the purpose of capturing soil amendment "fines" by agglomeration prior to the clarification step in the effluent treatment. This class of compounds is identical to what is used in sewage treatment plant processes and is present in bio-solids which other operations normally `land apply'. These polymer compounds in concentrated form pose no human or environmental hazards. 3. Volumes/Quantities of Materials (a) (Appendix) Material/7'anks Summary 4. Hazardous Materials (a) Contingency A visual inspection of each load shall be done upon entrance to the facility. Any unacceptable materials shall be rejected and returned to the generator or taken to a properly permitted facility. SAFETY CHECK REMOVED IN 2013 PLAN AGPROfessionals, LLC 16 Heartland Renewable Energy Design and Operations Plan • O. • • (C) Receiving SAFETY CHECK REMOVED IN 2013 PLAN 1. Check -1n Each incoming load will be stopped at the entry gate. The required recordkeeping and a visual screening process for hazardous or unacceptable materials will be conducted. Material from each generator will be randomly tested at the on -site laboratory for analysis of any unacceptable materials. 2. Storage All feedstocks will be delivered, processed and conveyed through the system and placed in above -ground steel tanks for storage as in -process material. All receiving hoppers will be constructed of welded steel, and will be located at ground level, and within a concrete structure to facilitate repair and maintenance of mechanical equipment and as secondary containment. Please refer to Table 1.0 for a description of vessel type and capacity. Table 1.0 Stored Material FOG Storage Tank SW & FW Storage Tank Blend Tank Manure Tanks Tank 33 36 Quart. Size 1 32'Dx48'H 2 38'Dx40'H 38 1 38'Dx32'H 31b32 2 38'Dx40'H Total Volume 302,769 gal 706,260 gal 283,148 gal 706,260 gal FOG = Fats, Oils, & Grease; SW= Slaughter Waste; FW = Food Waste (D) Materials Processing Description Tyne Bolted steel, epoxy lined, steel roof, concrete floor Bolted steel, epoxy lined, steel roof, concrete floor Bolted steel, epoxy lined, steel roof, concrete floor Bolted steel, epoxy lined, steel roof, concrete floor ROOF REMOVED IN 2013 PLAN Tank sizing, storage time and calculations are included in the appendix. (a) (Appendix) Material/Tanks Summary (b) (Appendix) Containment Calculations 1. Manure Handling and Pumps BUILDING REMOVED IN 2013 PLAN Manure feed stocks from dairies and feedlots will be delivered to a receiving/storage building. This building will have a concrete floor and be enclosed. Trucks will back into the bay (three lanes) and dump directly into the steel hopper. The material will then be augured onto a conveyer that takes it to the tanks. Manure delivered from dairies as a liquid solution will be dumped directly into a liquid manure wet well. Manure feed pumps will transfer the liquid manure from the well into the manure tanks. Each manure tank will have two agitators to homogenize the two manures. From the manure tanks, the blended manure is pumped via the ACPROfessionals. LLG 17 Heartland Renewable Ener¢y Design and Operations Plan • So manure feed pumps through the manure heat exchanger directly into the front end of the anaerobic digesters at a controlled feed rate. 2. FOG Handling, Heat Exchanger, and hum s. ENCLOSED UNLOADING REMOVED IN 2013 PLAN FOG from restaurants and other food handling establishments shall be delivered via tanker trucks to the FOG waste building and pumped into the FOG wet well. FOG transfer pumps will immediately pump it into a heated FOG storage tank with a single agitator. The FOG feed pump will pump it to the blend tank. FOG feed pumps will be variable speed and maintain a preset, but adjustable flow rate. FOG flow to the blend tanks will be metered. Tank level and temperature will be monitored. Odor control will be provided by a two -stage scrubber. The two stage scrubber for odor control will remove any H2S and any other odor that comes off the liquid. The scrubber is a dried granule bed with two different sized medias through which the air flows for removal of the odors. ODOR CONTROL ON TANK REMOVED IN 2013 PLAN 3. Food Waste/Slaughter Waste/Food Slurry Handling, and Pumps Food waste from various sources will be delivered in dump trucks and emptied onto a concrete pad and immediately moved directly onto a food waste screw conveyor. The waste will then be augured into a grinder. It will then be transferred into the SW/FW tank. Slaughter waste from animal processing facilities will be received from trucks and conveyed via a screw auger into a wet well with an agitator. The slaughter waste will then be transferred through a slaughter waste slurry grinder/transfer pump and into the SW/FW storage tank. Food slurry will be pumped from the truck directly into a food slurry wet well, then transferred by the food slurry transfer pump into the SW/FW tank. All three materials are then pumped from the SW/FW tanks via a transfer pump into the blend tank. 4. Blend Tank FOG, SW and FW, plus heated dilution water (from the dilution water pond), will be added to the blend tank. Tank level, temperature, pH and suspended solids will be monitored. Target suspended solids level will be 12 percent, dry weight. Chemical addition may be provided as required to adjust pH (up or down), micronutrient levels, as well as to adjust uniformity) to the blend tanks. The micmnutrients are added to help stimulate the biological activity of the biomass. Emulsification, particularly of the FOG, may be done by both chemical and by mechanical means. The blend tank will typically be operated in a continuous mode. From the blend tank, blended waste feed pumps (3) will pump the mixture into the anaerobic digesters at a controlled feed rate. AGPROfessionals, LLC 18 Heartland Renewable Energy Design and Operations Plan es So chemical treating, as well as water storage systems and laboratory testing of incoming materials. 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. May include other responsibilities including those of Plant Operator — Mechanical as directed by Shift Supervisor. Required: High school diploma and skills and technical knowledge of water or waste water 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. Materials Handler (9) 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. Security Guard (1) SAFETY MEASURE REMOVED Reports to Plant Manager. The security gate to the facility will be open and staffed by a Security Guard during normal working hours Monday through Friday. In addition to greeting, documenting and admitting visitors, delivery persons, vendors and staff, the Guard will also admit haulers of feed materials to the facility. All vendors and visitors to the facility will be required to he accompanied by an employee when on site. Each hauler will be issued an access card that will be used to verify that the driver is certified to deliver or pick up material at the facility. The access card will be used to open the gate when the security gate is not staffed and will also be used for weighing and recording type and amount of materials received at, or hauled from the facility. In addition, video surveillance cameras will be located at strategic locations within the facility including at the security gate. This will provide continuous monitoring in the facility control room and other key locations, such as where feed materials are delivered, of personnel and trucks entering or leaving the property. Personnel without appropriate access certification or clearance will not be admitted to the facility. Required: High School or GED equivalent with skills and training in facility security and safety. (C) Maintenance Routine preventative maintenance and cleaning shall be provided by staff as needed. Some systems will be designed with clean -in -place capabilities. AGPROfessionals. LLO 31 • Current Design and Operation Plan Re: This is the 2013 Design and Operation Plan were the best practices for odor control for the tanks, waste loading and waste storage were removed. This also highlights the signage and security that is not being followed as well as dust and blowing debris. It also shows that only 5 digesters were part of the plan. Slides: 5, 7, 9-11, 13, 14, 16, 19, 20, 24 • • 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 '/ of Section 25 T4N R65W Operated by Heartland Renewable Energy, LLC Acs • PRO 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 • • • • Heartland Renewable Energy Design and Operations Plan 2. Physical Property A. Land Details 1. Legal Description Parts of the SE % 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. NOT BEING FOLLOWED 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. AGPROfcssionals. LLC 11 • • • Heartland Renewable Energy Design and Operations Plan 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 I. 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&n 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 C411%.1 an wastes). Prior to acceptance of any brodresel 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. Definition of Feedstock • A Waste Characterization Plan has been developed and is provided in the appendices (See Appendix Q). AC;PRofessionals, L[X' 19 • • I leartland Renewable Energy Design and Operations Plan 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. NOT BEING FOLLOWED 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. :\(iPROfcssionals. LW 2S • Heartland Renewable Energy 3. Tanks Table 3.8. Facility Tank Inventory Design and Operations Plan Stored Material Tank No. Quant. Size Total Volume per Tank (gal) Type Substrate Tanks 1 to 3 Dosing Tanks 1 to 3 3 Digester Tanks 1 to 5 Manure Pits 1 to 2 2 Note: All best practices have been removed from 2010 Plan! 28'Dx23'H 12' D x 16' H 12,000 67'Dx50'H 40' Lx 50'VWW x 12'11 40'Lx50'W x 12' H 179,520 179,520 Bolted or welded steel, epoxy 180,000 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 1,290,000 lined, steel roof and floor with concrete underlay Concrete pits Concrete pit z eedstock Holding Tanks/Pits i. 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 AGPROlcssionals. LW 29 • • • I leartland Renewable Energy Design and Operations Plan 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 s•1, ove ground, covered, insulated digester tanks approximately 67 feet in diameter and 50 cet in height, each providing 1.2 million gallons of working volume AGPROfessionals. LI.C' 30 • • • Heartland Renewable Energy NONE OF THESE ARE BEING FOLLOWED Design and Operations Plan 8. Nuisance Control & Environmental Management A. Dust Should nuisance dust conditions wise, 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 P est 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. AGPROfessionals, LLC 50 • Odor Management Plan Re: Odor Management Plan part of both 2010 and 2013 Design and Operation plans. Highlighted are the areas that are not being followed. Slides 15-18, 21, 24 • • This is part of the Design and Operation plan for Heartland. Highlighted areas not being followed. • • • Heartland Renewable Energy, LLC Weld County, Colorado ODOR MANAGEMENT PLAN 14.3.3(I) Odors result from natural decomposition processes and continue as long as any usable material remains as food for microorganisms. Odor strength depends on the kind of feedstock, and the conditions under which it decomposes. The odors from the expected feedstocks at the Heartland site are not dangerous to human health, while the odor will be comparable to typical composting operations. Odor will be greatly reduced in comparison to an animal feeding operation. All incoming waste streams will be stored in In the event odor conditions do arise, remedial action shall be taken to mitigate the offensive odor. enclosed/covered storage areas for the reduction of any offensive odors. On -Site: Odors associated with the composting process will be minimized by frequently turning the windrows as needed in order to introduce oxygen into the waste mass and accelerate the bio-degradation of the soil amendment which in turn will minimize odors. Off -Site: In the event off -site odors are detected above acceptable levels, Heartland will evaluate the materials stored onsite and the materials in process and may: 1. Accelerate the incorporation of raw manures into the composting process 2. Limit new material to the site until odor conditions are abated 3. Remove offending material from the site if necessary Key practices of Heartland Renewable Energy for the control of odor are: I. Establish good surface drainage Dry manure is less odorous than moist manure. Manure will be processed within 72 hours of arrival on site. Material will be processed with 24 hours when nuisance conditions arise. Maintaining good site drainage can be achieved by regular grading of the soil amendment storage areas. The facility will conduct routine grading to reduce standing water that can produce odor. 2. Reduce standing water Standing water can increase microbial digestion and odor producing by-products. Proper surface maintenance and surface grading will be conducted to reduce standing water. The wastewater ponds will be dewatered within 30 days after a 25 -year, 24 -hour storm event. 3. Composting Proper composting turns manure into a nearly odorless, pathogen -free product that is valuable for soil conditioning. Heartland Renewable Energy will maximize compost processing on the land area available for that purpose. 0 DPS Design and Operation Plan Re: Additional proof that it was known this waste source and tanks produced odor and how to treat them. Contingency plans for the DPS tanks have not been implemented and current solution does not include these even though they are an odor source. Slide: 13 • • • • Digester Processing System Engineering, Design and Operation Plan Addendum Developed in accordance with Colorado Solid Waste Regulations, 6CCR 1007-2 Sections 9, 11 and 14 For A-1 Organics SE I/ of Section 25 T4N R65W Operated by A-1 Organics at Heartland Renewable Energy, LLC AGPROfessjonals i <',i''r;` t', ( !t!;:if l:i• Prepared by AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 (970) 535-9318 November 18, 2014 A.. I Organics - Digester Processing System Design and Operations Plan • • • 6. Contingency The Facility Contingency Plan is included in Appendix W. The system shall also incorporate features to minimize or mitigate noise, odor, dust, litter, and pests. Spill containment and fire protection systems shall be incorporated to ensure that operation of the DPS is safe and to minimize the potential impact on the local environment and plant operators. 7. Documentation, Records & Reporting A. Recordkeeping The following records for the DPS, at a minimum, shall he maintained: 1. Type and amount of substrates received, processed, and transferred to the HBG digester 2. Amount of by-products moved off -site 3. Operational monitoring data 4. Financial Assurance 5. Design and Operation Plan (current) 6. Facility personnel training 7. Maintenance plans/schedules 8. Records supporting the mechanism to preclude acceptance of any hazardous or unacceptable wastes 9. Leak detection reports (if applicable) B. Reporting These records shall be maintained at A-1 Organics headquarters office. DPS records will be provided to HBG for their use in annual regulatory reporting requirements of the amended D&O. Leak detection reporting will be provided to HBG for their use in annual regulatory reporting requirements. 8. Nuisance Control & Environmental Management A. Dust Should nuisance dust conditions arise, dust suppression methods shall be implemented to provide some control of nuisance conditions. If nuisance dust generation persists, it shall be mitigated by improving surfaces for vehicle use and/or reduction of non -vegetative areas. Application of water may be a short term method of control. B. Odor In addition to the Odor Management Plan provided as Appendix X, contingency plans for the implementation of a bio-filter system shall he included for the substrate processing tanks associated with the DPS if shown to require mitigation. AGPROt ssionals NOT BEING FOLLOWED 2U • April 7, 2010 Approval Letter Re: Approval letter from state for the 2010 Design and Operation Plan. This is the letter that is referenced in Development Standard 6 and clearly approves the March 19, 2010 plan. Slide: 19 • • • • STATE OF COLORADO Bill Ritter, Jr,,.Gov r or Martha E.;RudoipY Ocecaltve"Qirectdr Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1330-` Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http://www.cdphe.slate.co.us Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Certified Mail # 7007 0220 0001 0162 7940 Return Receipt Requested April 7, 2010 Weld County Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 Colorado Department of Public Health and Environment Re: Final Agency Action: Certificate of Designation Recommendation of Approval with Conditions - Waste to Energy Design and Operation Plan - Revision #3 Heartland Renewable Energy, LLC Weld County, Colorado Dear Honorable Commissioners, The Colorado Department of Public Health and Environment ("CDPHE"), Hazardous Materials and Waste Management Division of ("the Division") received on April 21, 2009 one copy of a Certificate of Designation ("CD") Application entitled "Waste to Energy Design and Operation Plan for Heartland Renewable Energy, LLC" ("the DOP") dated April 2009, submitted and prepared by AGPROfessionals, LLC ("AGPRO"). On May 15, 2009 via e-mail, the Division received official notification from the Weld County Department of Planning Services requesting the Division begin reviewing the document. The Division conducted a completeness review in accordance with procedures outlined in the Solid Waste Act ("Act"), CRS 30-20-101.5 et seq., and corresponding Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 ("the Solid Waste Regulations"). In a letter dated May 27, 2009 the Division notified Heartland Renewable Energy, LLC ("HRE") that the DOP, as submitted, was incomplete. On June 18, 2009, the Division received one copy of Revision #1 to the DOP dated June 15, 2009. In its letter dated July 1, 2009 the Division notified HRE that the revised DOP was determined to be complete. Public Re vi ew ��'L JAL_ ti // ct// C'. �: 6- / 2010-0774 • • April 7, 2010 Weld County Commissioners Final Agency Action: Certificate of Designation Recommendation of Approval with Conditions - Waste to Energy Design and Operation Plan - Revision #3 Heartland Renewable Energy, LLC Weld County, Colorado Page 2 The Division conducted its comprehensive technical review of Revision #1 of the DOP pursuant to the procedures outlined in the Act and the Solid Waste Regulations. The Division's preliminary comments and requests for additional information regarding Revision #1 were provided in its letter dated July 13, 2009. In response to the Division's July 13th letter, AGPRO prepared Revision #2 to the DOP dated September 15, 2009. Revision #2 was received by the Division on September 22, 2009. On September 27, 2009 the Division published a notice in The Greeley Tribune requesting public comments on the DOP. The public comment period ended October 27, 2009 with the Division receiving no comments. After reviewing Revision #2, the Division provided comments in a letter dated November 12, 2009. In a letter dated December 7, 2009, AGPRO provided responses to the Division's November 12th comments. The Division requested additional information and clarification via electronic mail dated December 18, 2009. The Division received via e-mail on January 12, 2010 and via regular mail on January 14, 2010 a letter dated January 11, 2010 from AGPRO which provided written responses and updated drawings. In its letter dated February 1, 2010, the Division approved, with modifications, the AGPRO letters dated December 7, 2009 and January 11, 2010, and the revised drawings dated January 6, 2010_ The Division required FIRE to submit an updated DOP to the Division for its review and approval. On March 26, 2010 the Division received Revision #3 to the DOP dated March 19, 2010 ("Revised DOP"). The Division has reviewed the Revised DOP for technical merit. It is the determination of the Division that the proposed facility can comply with the technical, environmental, and public health standards in the Act and corresponding Solid Waste Regulations if the facility is constructed, operated, and monitored as detailed in the Application, and with the conditions of the Division as stated in this letter. Based on this assessment, the Division recommends, as final agency action, that this facility may be approved by Weld County, with the conditions set forth herein and with any additional local restrictions. The Division's approval of the Application has the following conditions that shall be incorporated into the CD when and if issued by Weld County_ Please note that certain conditions listed below are included in the Revised DOP but are repeated herein for emphasis. 1. Prior to construction, HRE shall submit to the Division and Weld County for review and approval, a Construction Quality Assurance and Quality Control Plan ("CQA/QC Plan"), technical specifications, and construction drawings. The documents shall be submitted at least sixty (60) calendar days prior to commencement of construction. 2. Following construction, FIRE 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 (60) days prior to acceptance of feedstock. April 7, 2010 Weld County Commissioners Final Agency Action: Certificate of Designation Recommendation of Approval with Conditions — Waste to Energy Design and Operation Plan — Revision #3 Heartland Renewable Energy, LLC Weld County, Colorado Page 3 3. Section 3.0(E)(1), Run-on, Run-off, includes the following statement: "The attached site map, indicates the preliminary grading contours and demonstrates how all runoff will flow toward a storm water retention pond to be constructed in the northwest corner of the property." The "attached site map" refers to Sheet D-1, Revision #6 dated March 4, 2010 included at the end of the Revised DOP. 4. Section 3.0(E)(2), Wastewater Ponds, includes the following statement: "These ponds will he designed in accordance with Section 9 of the Solid Waste Regulations as Class II impoundments. The Groundwater Monitoring Plan has been implemented and groundwater monitoring wells are located to enable detection and assessment of the controlled seepage impact on groundwater. " Sheet MW -1 in the Groundwater Monitoring Plan shows existing monitoring well MW -2 within the footprint of a proposed reject -water storage pond. AGPRO has informed the Division the EIRE plans to keep MW -2 at its current location and reconfigure/relocate the reject -water storage pond to avoid MW -2. The Division requires MW -2 to be located immediately down - gradient from (ie., as close as practical to) the reconfigured/relocated northern -most reject -water storage pond. Following the installation of proposed groundwater monitoring wells MW -4 and MW -5, HRE must submit boring logs and well completion information to the Division and Weld County. 5. Section 3.0(E)(5), Low Permeability Workpad, includes the following statement: "A non -permeable work pad will be located in the soil amendment delivery building where the de -watered digestate (soil amendment) will be contained after removal from the digesters, and prior to being relocated to the soil amendment storage area This non - permeable concrete pad and delivery building will contain daily batches of the initial 90 - days of production of de -watered digestate, and will allow for adequate storage of this product while it is being analyzed A waiver request for a low permeable work pad for the area designated as soil amendment storage will be submitted to the Division and WCDPHE for approval, to he supported by the full analysis of the de -watered digestate product." As a matter of clarification, HRE has indicated that it intends to use the Solids Dewatering Building (structure number 50) as the "soil amendment delivery building" during the initial 90 days of production. If the waiver request is denied, then HRE shall continue to use the Solids Dewatering Building for storage of soil amendment, or HRE 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 Division and Weld County for review and approval prior to construction of low permeability work pads. • • • April 7, 2010 Weld County Commissioners Final Agency Action: Certificate of Designation Recommendation of Approval with Conditions — Waste to Energy Design and Operation Plan — Revision #3 Heartland Renewable Energy, LLC Weld County. Colorado Page 4 6. Sections 4.0(B)(1) and (2), Inputs/Feed Stock, includes the following statement: HRE 's digester facility will not accept biosolids, or any other solids, processed solid waste, or sludge other than those described above at this time However, at such time that a Type III [sic] feedstock could be beneficially used in the digestion process, HRE shall provide all necessary documentation and request approval to accept the Type III [sic] feedstock." The Division considers all of the proposed feedstock listed in Section 4.0(B)(2) of the Revised DOP as Type 1 and Type 2 as defined in Section 14.1.4 of the Solid Waste Regulations. As such, the proposed HRE facility is not currently approved to accept Type 3 feedstock. Section 14.1.4 of the Solid Waste Regulations defines Type 3 feedstock as: "Biosolids, solid waste, processed solid waste, and sludges." Should HRE desire to accept certain Type 3 feedstock material in the future, HRE is required to update the facility's waste characterization plan pursuant to the requirements specified in Section 14.6.1(C) of the Solid Waste Regulations. The acceptance of Type 3 feedstock would be considered a significant change as defined in Section 1.3.9 of the Solid Waste Regulations. The updated waste characterization plan requires approval from the Division and Weld County prior to acceptance of Type 3 feedstock. 7. The Division approves the list of constituents presented in Table 1 on page 5 of the Groundwater Monitoring Plan. Because the Revised DOP limits the feedstock to Type 1 and Type 2 material, the Division agrees with the assessment of AGPRO that it is unnecessary to test ground water for total organic halogen, phenolic compounds, and organic constituents listed in Appendix IB of the Solid Waste Regulations. Should HRE seek approval for certain Type 3 feedstock in the future, the Division may require revisions to the groundwater testing requirements. 8. The facility shall comply with the health laws, standards, rules, and regulations of CDPHE's 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 CD conditions. As required by the Act, 30-20-104(3)(a) and (3)(b), Weld County is obligated to notify its citizens and conduct a public hearing regarding the proposed solid waste facility. Please forward a copy of the County's final resolution concerning the CD issuance or denial to the Division. The Division is authorized to bill for its review of technical submittals pursuant to Section 1.7 of the Regulations. An invoice for the Division's review of the Revised DOP will be transmitted to Heartland Renewable Energy, LLC under separate cover. Should you have questions or comments, please call Curt Stovall at (303) 692-2295 or Roger Doak at (303) 692-3437. • • • April 7, 2010 Weld County Commissioners Final Agency Action: Certificate of Designation Recommendation of Approval with Conditions — Waste to Energy Design and Operation Plan — Revision #3 Heartland Renewable Energy, LLC Weld County, Colorado Page 5 Sincerely, R „Wk Curt Stovall, P.E. Environmental Protection Specialist Solid Waste and Material Management Unit Solid and Hazardous Waste Program (9_N_ Roger Doak Permitting Group Unit Leader Solid Waste and Material Management Unit Solid and Hazardous Waste Program Cc: Gary Beers -- Water Quality Control Division Chris Gathman — Weld County Department of Planning Services George Howard - Heartland Renewable Energy, LLC Tim Naylor - AGPROfessionals, LLC Dana Podell - Air Pollution Control Divsion Troy Swain — Weld County Health Department Phyllis Woodford — Office of Environmental Innovation and Sustainability SW/WLD/HRE 2.1 • EDF Renewable Energy Involvement Re: EDF Renewable Energy became involved in 2012. Slide 20 • • • • Esther Gesick From: Sent: To: Cc: Subject: Attachments: Chris and Esther Tim Naylor [tnaylor@agpros.com] Friday, November 09, 2012 1:48 PM Chris Gathman Esther Gesick; Tom Haren; Marcy Kappen; Glen Czaplewski RE: USR-1704 Status Heartland 090512 Project Status Report updated_11-6-12_tbn.pdf Attached is a document that provides a fairly clear status report of the upcoming project and timeline to finish the Heartland project. We are currently revising the site to reflect the changes, I will provide a draft on Monday. The completion date for the project to be on-line is April 2014 so we would request an extension to that date. I will have more info Monday. Thanks AGPROfessionals, PLC 4350 Highway 66 Longmont, CO 80504 (97O) 535-9318 Fax(970) 535-9854 Cell (303) 870-0013 www.agpros.com From: Chris Gathman[,mailto:cgathman@co.weld,co.us] Sent: Friday, November 09, 2012 12:57 PM To: Tim Naylor Cc: Esther Gesick Subject: FW: USR-1704 Status Tim, Esther was requesting some information on Heartland for Wednesday's hearing. How much time is the applicant requesting to addressed the revised D&O, changes to the USR development plans...? Also could you send me a narrative and a "DRAFT" map that at least preliminarily shows what the plans are at this stage. Thanks! Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 • • Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Friday, November 09, 2012 9:42 AM To: Chris Gathman Subject: USR-1704 Status Chris, What is the status on this case? Trying to complete a Draft Resolution. Thanks! Esther F. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 336-7215 X4226 al) s ----- Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 .. L. .. J_ ...II .. I# V 1. I I 0.1"....1 V, L a L • Heartland Renewable Enemy LLC Project Status Report 1. Site and Project Status • The Anaerobic Digester Facility ("Facility") will be installed adjacent to an existing dairy located in Weld County CO. '" 5 miles east of Platteville. The Facility will utilize 5 standard above -ground complete mix digester systems (^' 1.3 MM gallons each) • A land purchase option agreement is in place with the Dairy owners for the sale of required property for the Facility • The site of the proposed Facility is approximately Eighty Acres (80) with the plant utilizing approximately Fifteen (15) acres. • A Geotechnical study and a Phase I Environmental Site Assessment were completed and no environmental concerns were found. • The Project has secured an agreement (Off -take Agreement) for the sale of Rio - Methane for 20 years. • This agreement provides the underlying credit capacity necessary to secure non - recourse project finance capital. • • • Heartland completed an agreement with HBE/EDF Renewable Energy to develop, construct, own and operate the Facility on February 28`h, 2012. • HBe (Homeland Biogas Energy) and EDF Renewable Energy (EDF) provide an unparalleled capacity of practical design, construction and operating experience in the AD sector with significant financial capability and commitment to the AD market. • With the recent August 315` legislative actions in the California Assembly (see below), the Project can now proceed to next steps. 2. California Market Status • The California Energy Commission ("CEC") on March 28th, after a formal Hearing, issued a moratorium on the use of bio-methane as an eligible fuel for the Renewable Portfolio Standard (RPS). • The moratorium basically established that bio-methane was not an eligible fuel and created a hold on all in -state and out-of-state bio-methane projects and created uncertainty on off -take contract validity with Sacramento Municipal Utility District (SMUD), the counter party purchasing the Bio-Methane pursuant to a long term contract with Heartland. • The CEC was ultimately seeking legislative guidance and a solution to the moratorium. • HBe and EDF worked diligently with SMUD and other bio-methane advocates to develop and propose new legislation that would resolve and end the CEC moratorium. Weld County Project Review Page 1 of 5 November 6, 2012 • • • The Heartland Team along with the American Biogas Council and other bio-methane supporters developed two Bills. These were the AB 1900 and AB 2196. • AB 1900 deals primarily with gas pipeline interconnection issues. AB 2196 manages (among other matters) the issue of in -state and out-of-state legacy contracts which would be applicable to the Heartland Project. • After several months of lobbying activity and negotiation of legislative language, we successfully secured approval of each Bill. They were voted on and passed on August 3r, 2012. • AB 2196 confirms the contract sanctity of the Legacy contracts including the SMUD and Heartland transaction. • With this issue resolved, we can now move forward with securing all the final approvals, secure financing and proceed with construction. 3. Offtake • Counterparty: • Output Capacity: • Term: 4. Schedule 5. Fuel Sacramento Municipal Utility District (SMUD) Up to 7,000 MMBtu per day of Renewable Natural Gas 20 years • Permits Complete: March 2013 • Financial Close: March 2013 • Construction Start: April 2013 • Startup: February 2014 • Commercial Operation: April 2014 (a) Manure Dairy Cows t# Head Manure Collected (gallons/day) Milking Cows 5,200 82,875 Dry Cows 400 2,490 Heifers 5,000 18,000 10,600 103,365 • In addition to the manure, approximately 100,000 gallons of recycled digester effluent and parlor wash water will be added to the raw manure for a total volume of approximately 200,000 gallons per day • Effluent (total of approximately 250,000 gallons per day) will be stored in new lagoons and used by the Dairy to irrigate and fertilize their cropland Weld County Project Review Page 2 of 5 November 6, 2012 • • (b) Substrate • In addition to using animal manure as a feedstock, the Facility will utilize 140,000 gallons per day of substrate, which is equivalent to 190,000 tons per year. • Organic materials that include fats, oils, greases, sugars and proteins enhance the natural gas production above that of Manure alone. • The Denver metropolitan area and adjacent regions consist of a population of 2.7 million people and is home to many large food processing companies, including Cargill, JBS Swift, Tyson, Butterball, and Pilgrim's Pride, all of which generate significant quantities of material which can be used as substrates for the Facility. a There are at least 30 significant food processing companies and 10 Ethanol plants located within a 150 mile radius of the site. Each of these will generate substantial volumes of substrate. Based on an analysis of the supply region there is more than sufficient volume of substrate in close proximity to the Facility to produce the renewable natural gas (RNG) output volume. 6. Permits The Project has received many of the major permits, a portion of which will require modification to accommodate the selected AD technology. We have retained the same consultant responsible for obtaining the previous Project permits to assist in guiding the Project through this process. Significant permits are listed below. Use by Special Review (USR) • Weld County • Completed July 21, 2010 Class I Compost / Solid Waste • Colorado Department of Public Health & Permit Environment (CDPHE) and Weld County Public Health & Environment (WCPHE) • 90-95% complete. Final completion post - construction • Design and Operation Plan needs to be revised and resubmitted for review and approval Air Permit (APEN — Air Pollutant • CDPHE - Air Quality Control Commission Emission Notice) • Multiple Air Permits (different emissions sources like flare, scrubber, etc.) to be obtained. Some prior to construction and others prior operation, and after satisfying all compliance testing and inspection requirements Groundwater Discharge Permit • CDPHE & State Engineer's Office • To be submitted prior to construction Septic Permit • WCPHE • To be obtained prior to construction Weld County Project Review Page 3 of 5 November 6, 2012 • • • Storm Water Construction Permit • CDPHE & WCPHE • To be obtained prior to construction Local and County Permits - Building Permits • Weld County Building Department (WCBD) • Multiple Building Permits (i.e., Electrical, Plumbing, Foundation, Buildings, etc) to be obtained prior to construction. Notes 1) There are other permits required, such as the boiler permit to operate, utilities, etc. Major permits are listed above. 7. Pipeline Interconnect • The RNG will be transmitted through the natural gas pipeline system to the Opal trading hub in Wyoming. • The Project interconnection will be with the Colorado Interstate Gas's (ClG) natural gas pipeline located % mile from the site. • SMUD will be responsible for transporting the RNG from the Delivery Point (Opal) to their facility in California. 8. Engineering, Procurement, and Construction (EPC) • The Facility will be designed, constructed, commissioned and tested under a date certain fixed price EPC contract The EPC contract has not been selected yet. • An initial EPC estimate had a value of -$28 million. 9. Jobs and Economic Benefits The business model for the Project is based on a 30 Year Operation Period. During the Project's construction and operation, it will represent more than $200 million in economic benefit to the local and State economies. Refer to the following table for a breakdown of the potential 30 year impact of the Project. Category Potential Impact Total Impact (2% escalation) Construction $20 million $20 million Operations Labor $1.5 million per yr $50 million Materials/Utility $1.5 million per yr $50 million Landfill Diversion $2.4 million per yr $80 million _ Energy Cost Reduction $5.4 million (15t 10 yrs) $5.4 million $205.4 million 10. Environmental and Other Benefits • Mitigate nutrient management issues • Provide an Eco-Advantage to the Colorado Agricultural Industry through the promotion of eco-efficiency and eco-friendly disposal of by-products Weld County Project Review Page 4 of 5 November 6, 2012 • • • • Contribute to environmental compliance • Minimize environmental risk by addressing environmental issues and staying ahead of new regulatory requirements • Capture the value of reduced environmental burdens • Provide a Sustainable, Renewable, Green Solution for the processing and disposal of food production and processing residuals • Build competitive advantage Weld County Project Review Page 5 of 5 November 6, 2012 • Application for Amended USR Re: In the application for the Amended USR to move tanks above ground, the attached document was given to "summarize the major differences" between the 2010 and 2013 plan. County was not notified that: 1) The odor control on substrate tanks were being removed, 2) Liquid substrates would not be unloaded enclosed, 3) Manure tanks were no longer covered, 4) Manure would not be unloaded enclosed. Slides 14, 16, 24 • • NOTE: THERE IS NO MENTION IN THIS ENTIRE APPLICATION STATING THAT THEY REMOVED ALL BEST PRACTICES FOR ODOR CONTROL. AGPROfessionals, LLC DEVELOPERS OF AGRICULTURE This document is meant to summarize the major differences between the D&O Plan submitted by AGPROfessionals, LLC in 2009 and the current proposal. It is intended to highlight major differences between the two facilities. Introduction Item Original New Owner Operator Heartland Renewable Energy, LLC in conjunction with Colorado Green Energy, LLC. Heartland Renewable Energy, LLC Physical Properties Footprint 30 acres +/- 19 acres +/- Ground water 3 wells installed S wells installed — Wells 4 and 5 were monitoring wells installed in March 2010 to provide for gradient spread in reference to the up gradient well. Waste Water Ponds 6 lined ponds 3 lined ponds • 1 Storm water pond (NW • 2 storm water ponds (west Corner) central) 5 additional process ponds • lsettling basin • 1 covered digester lagoon No additional ponds Previously approved liner specifications will not change. Process In Process Stored in concrete digester ponds with Stored in above ground tanks with low materials secondary containment permeability secondary containment. Dosing and Substrate Tanks -height Dosing and Substrate Tanks range 20'-30' Substrate tank height- +1- 23' Dosing tank height- +/- 16' ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont, CO 80504 970.535.9318 / office 303.485.7838 / metro 970.5319854 / fax www.agpros.com This document is part of the amended USR application from 2013. NOTE: THERE IS NO MENTION IN THIS ENTIRE APPLICATION STATING THAT THEY REMOVED ALL BEST PRACTICES FOR ODOR CONTROL. • AGPROfessionals, LLC DEVELOPERS OF AGRICULTURE • • Digester Design Design 24 rectangular, in ground covered digester pits 5 above ground digester, steel tanks with approved secondary containment. Digester tank Height -t+/- 50' Dewatering Screw Presses Centrifuges Material Storage Total biogas volume 6.5 x capacity of digesters 7 x capacity of digesters Soil amendment 676-597 tons per day Total inventory: 73,000-103,300 cubic yards 400 cubic yards Total inventory: 36,000 cubic yards General Operations Hours 3x8 hour shifts 2x12 hours except for management, administration, and lab which will operate during the 8 hour day shift Traffic 205 trips per day 110 trips per days Closure Residual Onsite Capacity 248,200 tons 73,000 Cubic Yards Removal of digesters Crush Digesters will be cleaned and retained for future sale. This document is part of the amended USR application from 2013. ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont, CO 80504 970.535.9318 / office 303.485.7838 / metro 970.535.9854 / fax www.agpros.com • MUSR Application Re: No waste to be stored at DPS Slide 18 • • • MINOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE AI Organics/Heartland Biogas, LLC 1. Explain, in detail, the proposed amendment to the property. • • Heartland Biogas, LLC (11BG) is requesting a minor amendment to USR-1704 to allow the addition r}the Digester Process System (DPS) at the 1/RU site. The DI'S will receive source separated fixed waste material as described in the Colorado Department of Public Health and Environment Approved Engineered Design and Operations Plan (K!)O!'), Waste Characterization Plan and be processed for the 118G facility digester. Locating the DPS at the HBG site will reduce truck traffic by approximately 10% by eliminating the added water if emulsified q, f "site. Trucks containing food waste from the northeast Colorado vicinity will enter the ffacility, off load at the DPS receiving area, and leave. These incoming Substrates will be documented, particle sized reduced, hydrated, and blended as needed prior to transferring to HBG facility digester system. The DPS EDOP will he included in the HBG EDOP as an addendum and submitted to the Colorado Department of Public Health and Environment, Solid Waste Division for review and approval as part of the Use by Special Review (USR) process. The CDPHE solid waste department has reviewed the preliminary facility design and provided a letter stating that the amendment to the approved EDOP is not considered a substantial change to the provisions of the Certificate of Designation, the letter is included in the USR application. The KGB project has a flare that will be used if the PSA system is undergoing maintenance or if the valve for the sale of gas is shut so no gas will go to the common carrier pipeline. In the worst case, raw biogas will be sent to the flare for destruction. These flares provide for the combustion of 100% of the biogas being produced by the HOB facility should an emergency situation occur (such as a fault in the interstate gas pipeline that precludes inje ctio n of HGB's product gas). 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). Sec. 22-2-20. Agriculture Goals and Policies A. 5. A.Policy 1.5. Support and entice agriculturally related businesses and processing facilities. The proposed use is consistent with the Weld County Comprehensive Plan through the encouragement of agriculture and agriculturally related businesses. The DPS is io be operated as part of a permitted agricultural business related animal waste material • • Minor Amendment to USR A I Organicsrficartland Biogas, LLC Page 2 of.3 recycling. The DPS will provide substrate as part of the input into the digester for the Heartland Biogas facility. 3. What types of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Agricultural uses that surround this site are primarily dairy farms, feedlots, crop farming, hay production, cattle grazing, and rural residential. This proposal is compatible with the .surrounding agricultural uses and the Weld County Comprehensive Plan as a part of the approved O3k. 4. Describe, in detail, the following: a. Number of people will use this site? Approximately two (2) employees will be using this site per shift. b. Number of employees proposed to be employed at this site? It is proposed that there will be four (4) full-time employees employed at this site. c. Hours of operation? The facility may operate seven days per week, twenty-four hours per day. Three (3) Eight (8) hour shifts, or as required d. Type and number of structures to be erected (built) on this site? Applicant is proposing one (1) clearspan building and bio separator facility tanks and equipment. e. What type and number of animals, if any, will be on this site? No animals will be at this site. f. Kind of vehicles (type, size, weight) that will access this site and how often? Typical vehicles accessing this site include employee, end dump trucks, tandems, and side dump trucks, ranging from 40,000 - 80,000 gvw. g. Who will provide fire protection to the site? The LaSalle Fire Protection District provides fire protection. • • Minor Amendment to IJ5lt Al Orgsnitzl caitland Biogas, LLC Pugs 3 of 3 h. What is the water source on the property? (Both domestic and irrigation) Central Weld County Water District I, Sewage disposal system on the property? (Existing and proposed). No septic systems are proposed on the DPS site. Portable toilets will be used until a septic system is necessary. is If storage or warehousing is proposed, what type of items will be stored? There will he no storage of waste on this site. All incoming material will be in the process stream with the Bingos facility. k. Explain how the storm water drainage will be handled on the site. Storm water drains to the existing drainage system. 1. Explain where storage and/or stockpile of wastes will occur on this site. There is no storage of waste at this site. Any employee waste will be collected and removed by a local trash service, such as Waste Management or similar provider. 5. Please list all proposed on -site and off -site improvements associated with the use and a timeline of when you will have each one of the improvements completed. There are no proposed off -site improvements associated with the project A specific schedule for the construction of the proposed modular office trailer and clearspan building have been completed however, construction may start as soon as the Permit is completed and applicable building permits have been acquired AGPROfessionals I • • 1'i ) ()II. }•;ti }I..\! .!;If I I I !'l; I Heartland Biogas, LLC Al Organics Nuisance Management Plan I..,. •. . .• ...i.J :II .. Existing gravel and/or road base will be used at the entrance and on internal roadways to control dust onsite. Should it be necessary to mitigate for excessive dust, a water tanker truck or portable sprinkling system may be used for moisture control on roadways. There will be no storage of wastes on this site. All materials will be in the production stream, recycled or collected in dumpsters and sent to the landfill. All materials not collected in dumpsters will be stored inside. Any wastes produced from employees will be contained in a dumpster and hauled off regularly by a sanitation service such as Waste Management, (877) 832-O41O. Noise generated by the proposed use will remain within the limits as established in Section 12- 12-101, C.R.S. The nuisance potential is measured from a property line at a distance of twenty-five feet. ENGINEERING, PLANNING, CONSULTING & REAI ESTATE 3050 67`' Avenue • Suite 200 • Greeley. CO 80634 97f1.535.931S /cake • 970,535.9854 ! fix • www.agpios.com • AgEnergy Presentation Re: Reference to size of digesters. Slide: 11 0 • • • MAIN PROJECT COMPONENTS .; as • : . Substrate and manure off-loading and storage area Manure Pit w/dilution and mixing ability Substrate Tanks (two) w/mixing ability Dosing Tanks for proper mixing of manure and substrate before injecting into digesters 6 bio-reactors of 1.7 million gallons each ■ Main area where methane (renewable natural gas) is produced ■ Raw gas from active bio-reactors is produced Biogas upgrading system converts raw digester gas to pipeline quality gas With natural biological Sulfur Scrubber With DeOxo Unit for preparation of pipeline injection Solids separation system State of the art Centrysis Centrifuge -2 units Produces high value landscape solids material Covered Anaerobic Lagoon for finishing gas production 8.2 million gallons liquid digestate (soil amendment) holding ponds South Lagoon — 28.3 million gallons North Lagoon — 14.5 million gallons (nAgEnergyUSA http://c-agg.org/cm_vault/files/docs/Jim Potter.pdf • DUST • 10/11/2016 10/11/2016 • • 8/18/2016 • News Stories on Heartland Odor Re: List of news stories with regards to the Heartland Odor. • • News Stories on Heartland Odor Channel 13 News - Colorado Springs, CO http://www.krdo.com/news/state-regional-news/things-are-getting-smelly-in-weld- county/88187919 Fox 21 News — Colorado Springs, CO http://fox21 news.com/ap/weld-county-residents-complain-of-smelly-biogas-factory/ Dothan Eagle — Dothan, Alabama http://www.dothaneagle.com/news/ap/state/weld-county-residents-compl a 1 n -o f-smelly-biogas- factory/article ad22af9e-e619-5151-a20b-217c893c411 c.html Viva-news.com — internet site http://viva-news.com/neighbors-say-stench-from-heartland-biogas-plant-in-weld-county-i s-so- bad-i t-wakes-them-up-at-night.html • • Greeley Tribune — Greeley, CO http://www.greeleytribune.com/news/24051091-113/tribune-opinion-heartland-biogas-facility- needs-to-control http://www.greeleytribune.com/news/23945066-113/welds-commissioners-to-decide-fate-of- countys-first http://www.greeleytribune.com/news/local/23996400-113/biogas-company-bri n gs-odor-to- lasalle-faces-weld Denver Channel 7 News —Denver, CO http://www.thedenverchannel.com/news/local-news/weld-county-residents-complain-of-smelly- biogas-factory http://www.thedenverchannel.com/news/local-news/neighbors-say-stench-from-heartland- biogas-plant-in-weld-county-is-so-bad-it-wakes-them-up-at-night?autoplay=true The Eagle.com — Bryan -College Station, Texas http://www.theeagle.com/news/nation/weld-county-residents-complain-of-smelly-biogas- factory/article 3b3051 cb-fb72-5736-84c9-bc 146d7ff041.html The Dispatch - Clay Center, KS • • • http://www.ccenterdispatch.com/news/state/article 5c7e67c8-5 33c-5d3b-9ed4- cc06881 fcce6.html robbserver.com - Rio Rancho, NM http://www.nobserver.com/news/state/article a83e04b3-28e4-55c 1-9153-df2c0752b769.html Windsor Now — Windsor, CO http://www.mywindsornow.com/news/23945066-113/welds-commissioners-to-decide-fate-of- countys-first Fruit Garden — online web news source http://fruitgarden.0kal.com/news/Neighbors-say-stench-from-Heartland-Biogas-plant-in-Weld- County-is-so-bad,-it-wakes-them-up-at-night Zakaria Johnson, Attorney at Law http://w-ww.zjohnsonlaw.com/2016/09/21/heartland-biogas-odors/ Cortez Journal — Cortez, CO http://www.cortezjournal.com/article/20160920/AP/309209821 /Weld-County-residents- complain-of-smel ly-biogas-factory Geosnews http://us.geosnews.com/p/us/co/denver-county/denver/neighbors-say-biogas-plant-odors-wake- them-up 6790720 Capital Press — Lists states: California, Idaho, Montana, Nevada, Oregon, Washington http://www.capitalpress.com/Nation World/Nation/20160921 /colorado-town-residents- complain-of-smel ly-biogas-factory Washington Times — Washington DC http://m.washingtontimes.com/news/2016/sep/20/weld-county-residents-complain-of-smelly- biogas-fa/ Roanoke Times — Roanoke, VA http://www.roanoke.com1news/virginiaJwire/we1d-countyresidents<omp!ainofsme11yj0g5 factory/article 28e 1 a742-c2da-5619-85f2-3dc7d77d 1 db9.html • • • News Break — online news http://www.newsbreakappecom/n/04W6T1419?s=fb.320152194993473 Aurora Sentinel — Aurora, CO http://www.aurorasentinel.com/news/weld-county-residents-complain-smelly-biogas-factory/ Regional News - Aurora http://wtivw.newslocker.com/en-us/region/aurora/weld-county-residents-complain-of-smelly- biogas-factory/ Newstral.com https://neww stral.com/en/article/en/ 1040282820/we ld-county-residents-complain-of-smelly- biogas-factory • MUSR Approval Re: The first section has highlighted the reasons for approval we take exception to. See attached document for areas of the Weld County Code this approval violates. The highlighted Development Standards are the ones that have been violated or in non-compliance of. • • • • Planner: Case Number: Applicant: C. Gathman MUSR14-0030 Headland Biogas LLC LAND USE APPLICATION SUMMARY SHEET Authorized Tim Naylor, AGPROfessionals Agent: Request: 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 Legal Description Being a part of the SE4 of Section 25, T4N, R65W of the 6th P.M., Weld County, CO Location West of and adjacent to County Road 49; north of and adjacent to County Road 40 Size of Parcel: +/- 115.91 acres Parcel No. 105525400011 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Weld County Department of Planning Services -Engineer, referral dated February 5, 2015 • Weld County Department of Public Health and Environment, referral dated February 12, 2015 • Weld County Code Compliance, referral dated December 12, 2014 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Colorado Parks and Wildlife, referral dated January 12, 2015 Central Weld County Water District, December 15, 2014 The Department of Planning Services' staff has not received responses from the following agencies Emergency Management Office Department of Public Works — Access Permit Colorado Department of Public Health and Environment La Salle Fire Protection District Southeast Weld Soil Conservation District MUSR14-0030 Page 1 of 12 Weld County Building Department • MUSR14-0030 Page 2 of 12 Planner: Case Number: Applicant: Authorized Agent: Request: Legal Description: Location: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW C. Gathman MUSR14-0030 Heartland Biogas, LLC Tim Naylor — AGPROfessionals 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 Being a part of the SE4 of Section 25, T4N, R65W of the 6th P.M., Weld County, CO West of and adjacent to County Road 49; north of and adjacent to County Road 40 Size of Parcel: +/- 115.91 acres Parcel No.105525400011 THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood. The proposed digester processing system will not increase traffic to the existing Heartland Renewable Energy Plant. The application indicates that traffic to the site will be reduced by approximately 10%. Only four (4) employees (2 employees per shift will be associated with this use. Per the application materials, the flare will be used only periodically (during maintenance or when the facility or when the valve for sale of gas is shut). Additionally, the flare allows 100% of the gases produced by Heartland to be combusted should an emergency situation occur. 2. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. Section 22-2-20 B.3 A. Policy 2.3. states: "Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural businesses and industries include those related to ranching, confined animal production, farming, greenhouse industries, landscape production and agri-tainment or agri-tourism uses." 3. • The proposed digester system will reduce traffic to the site and enhance the ability of the Heartland facility to process agricultural and other wastes. The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. MUSR14-0030 Page 3 of 12 • • The proposed digester and flare are located approximately 1/3-1/2 mile to the east and northwest of the nearest single family residences. No letters or phone calls have been received from surrounding property owners in regards to this application. The site is already developed and the digester will reduce traffic to the site and the flare will only be operated when necessary. 4. The recommendations of the referral agencies have been considered. The attached Development Standards and Conditions of Approval address the requirements of the referral agencies. 5. Not deemed to be a major change. A Pre -Application (PRE12-0179) meeting was held on August 7, 2014. In discussions with the Weld County Department of Planning Services, the Weld County Public Department of Public Health and Environment, the Weld County Department of Public Works, and the Weld County Building Department it was determined that the proposed modifications are consistent with the existing permit and minor in nature. 6. Must be consistent with the original development standards. Many of the original development standards are still applicable and will be listed on the MUSR map. Some of the development standards have been updated to match existing policies and standards that have been revised since USR-1704 was originally approved in July of 2010. This approval is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. An Improvements Agreement and Road Maintenance Agreement is required for offsite improvements at this site. Road maintenance including dust control, damage repair, specified haul routes and future triggers for improvements will be included. (Department of Planning Services — Engineer) B The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County Right -of -Way. (Department of Planning Services — Engineer) C. The map shall be amended to delineate the following: 1) All sheets of the plat shall be labeled MUSR14-0030. 2) The attached Development Standards. 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. 4) County Road 40 is unmaintained section line right of way. The applicant shall verify and delineate on the map the existing right-of-way and the documents creating the right-of- way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. (Department of Planning Services — Engineer) 5) Show the approved access on the plat and label with the approved access permit number. (Department of Planning Services — Engineer) 6) Show the approved non-exclusive license agreement on the Plat and label it with the recorded reception number and date (rec#xxxxxxxxx, date). (Department of Planning Services — Engineer) MUSR14-0030 Page 4 of 12 • • 7) The applicant shall indicate specifically on the plat any right of way and/or easements and indicate whether they are dedicated, private, or deeded and label with recorded document, book and page and/or reception number to provide adequate access to the parcel. (Department of Planning Services — Engineer) 8) Show and label standard tracking control onto publically maintained roadways on the map. (Department of Planning Services — Engineer) 9) Show and label the drainage flow arrows, turning radii, and parking and circulation on the map. (Department of Planning Services — Engineer) 10) Add the following signature blocks: a) CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES - ADMINISTRATIVE REVIEW This minor amendment plat is accepted and approved by the Department of Planning Services for filing. State of Colorado ) ) ss. County of Weld ) Director, Department of Planning Services The foregoing certification was acknowledged before me this day of ,20 My commission expires Witness my hand and Seal. Notary Public b) PROPERTY OWNER'S CERTIFICATION The undersigned major property owner(s) do hereby agree to the Minor Amendment of the Site Specific Development Plan and Use by Special Review Standards as described hereon this day of , 20 Signature Printed Name 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat 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 Department of Planning Services' Staff. 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 sixty (60) days from the date the administrative review was signed or date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. MUSR 14-0030 Page 5 of 12 • • • 3. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not be recorded within the required sixty (60) days from the date the administrative review was signed or date of the Board of County Commissioners Resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 4. 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 (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(c�co.weld.co.us. 5. 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. 6. Prior to Construction. A. If more than 1 acre is to be disturbed for construction of non pipeline items such as structures, parking lots, laydown yards etc.., a Weld County grading permit will be required prior to the start of construction. (Department of Planning Services — Engineer) B. A Right -of -Way Use Permit is required for any work in the Weld County Right -of -Way. Contact Weld County Public Works at 970-304-6496 ext. 3764. (Department of Planning Services — Engineer) C. A Transport Permit is required for any oversize and/or over weight vehicles. Contact Weld County Public Works at 970-304-6496 ext. 3764. (Department of Planning Services — Engineer) 7. Prior to Release of Building Permits: A. Heartland Renewable Energy (HRE) shall submit to the Division and Weld County for review and approval, a Construction Quality Assurance and Quality Control Plan ("CQA/QC Plan"), technical specifications, and construction drawings. The documents shall be submitted at least sixty (60) calendar days prior to commencement of construction. (Department of Public Health & Environment) B. The facility shall demonstrate that they have filed Air Pollutant Emission Notices (APEN) for all emissions points, including the filing of an APEN as an odorous source, and obtained all required Construction Permits from the Colorado Dept. of Public Health and Environment's Air Pollution Control Division, as required by Colorado Air Quality Control Commissions Regulation Number 3. Evidence of such shall be submitted in writing to the Weld County Department of Public Health and Environment. (Department of Public Health & Environment) 8. Prior to Operation: A. Following construction, Headland Renewable Energy shall submit to Weld County and the CDPHE, Hazardous Materials and Waste Management Division, 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 (60) days prior to acceptance of feedstock. (Department of Public Health & Environment) B. Accepted construction drawings and construction of the offsite roadway improvements are required prior to operation. (Department of Planning Services — Engineer) C. Construction of the approved access and/or tracking control improvements is required prior to operation. (Department of Planning Services — Engineer) MUSR14-0030 Page 6 of 12 • By -{,r_ kr, Date: Z /2,c h Tom Parko Planning Director • • MUSR14-0030 Page 7 of 12 • • SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 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, 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. (Department of Public Works) 4. The maximum number of employees employed at the site shall be thirty (30), per shift. (Department of Planning Services) 5. The hours of operation will be 24 hours a day 7 days a week. Hauling will occur primarily during daylight hours. (Department of Planning Services) 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 be constructed, operated, and monitored as detailed in the application materials and conditions detailed in the Design & 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. (Department of Public Health and Environment) 7. 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 (60) days prior to acceptance of feedstock. (Department of Public Health & Environment) 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 & Environment and the Colorado Department of Public Health and Environment (CDPHE) Hazardous Materials and Waste Management Division by May first of each year. (Department of Public Health & Environment) 9. The facility shall receive and process only those materials that are described in the approved Design and Operations Plan. The Weld County Department of Planning, WCDPHE, and CDPHE shall be notified in writing of any additional materials proposed for processing. Written approval from both CDPHE and WCDPHE to proceed with processing shall be obtained prior to acceptance. (Department of Public Health & Environment) MUSR14-0030 Page 8 of 12 • • • The property owner or facility operator shall notify the Weld County Department of Public Health & 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 & Operations Plan. (Department of Public Health & Environment) 11. The Colorado Department of Public Health & Environment, Weld County Department of Public Health & 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 their approved Design & Operations Plan. (Department of Public Health & Environment) 12. 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. Groundwater Monitoring Reports will be submitted to the CDPHE and WCDPHE no later than March 1 following the reportable year. (Department of Public Health and Environment) 13. The facility shall be constructed, maintained and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 14. All below -ground structures shall be double -lined and equipped with a leak detection system, unless otherwise approved in writing by both the CDPHE and Weld County Department of Public Health and Environment. Records of the leak detection system's operation, maintenance and observations shall be kept and made available upon request. (Department of Public Health and Environment) 15. Above ground waste receiving, storage, and processing tanks shall have impermeable secondary containment. The volume retained by the secondary containment shall be at least 110% of the volume of the largest tank inside the containment. (Department of Public Health & Environment) Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved particulate emissions control plan. (Department of Public Health & Environment) 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. (Department of Public Health & Environment) 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% 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). (Department of Public Health & Environment) 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. (Department of Public Health & Environment) 22. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. Where 2 or less full time (40 hour week) employees are located on site, or where 4 or less part time (20 hour week) employees located on site portable toilets and bottled water are acceptable. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) MUSR14-0030 Page 9 of 12 • • 23. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems (OWTS). (Department of Public Health and Environment) 24. Process wastewater (such as floor drain wastes) and laboratory wastewater shall not be disposed of through the facility's OWTS. These wastes shall be collected and disposed of in accordance with all local, state and federal rules and regulations and in accordance with the approved Waste Management Plan. (Department of Public Health and Environment) 25. The facility shall comply with the Colorado Dept. of Labor and Employment Division of Oil and Public Safety's 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% 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. (Department of Public Health & Environment) 26. There shall be no discharge of process wastewater or collected stormwater off property, except those discharges allowed by the Colorado Dept. of Public Health & Environment's Water Quality Control Division and/or a Colorado Discharge Permit System (CDPS) discharge permit. (Department of Public Health & Environment) 27. The applicant shall obtain stormwater discharge permit coverage for construction activities from the CDPHE Water Quality Control Division. (Department of Public Health & Environment) 28. 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 & Environment (Department of Public Health & Environment) 29. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) Waste materials, not specifically addressed by other development standards, shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health & Environment) 31. No permanent disposal of wastes shall be permitted at this site except those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S., as amended, and any and all wastes being composted in accordance with the approved Engineering Design and Operations Plan. (Department of Public Health and Environment) 32. All hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. All chemicals must be stored securely and in accordance with manufacturers' recommendations. (Department of Public Health and Environment) 33. Composting Operations will not extend past CD boundaries of the property. (Department of Public Health and Environment) e The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 35. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning Services — Engineer) MUSR14-0030 Page 10 of 12 • • • 36. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning Services — Engineer) 37. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services — Engineer) 38. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized. (Department of Planning Services — Engineer) 39. The right-of-way or easement shall be graded and drained to provide an all-weather access. (Department of Planning Services — Engineer) 40. 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 in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 41. Building permits maybe required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2011 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 43. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 44. 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. 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. 46. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. MUSR14-0030 R 14-0030 Page 11 of 12 • • Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in theft agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply he moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. MUSR14-0030 Page 12 of 12 • • • M USR14-0030 List of concerns with stated Reasons for Approval • • Reasons Facility was Approved M USR14-0030 • 1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding area and will be in harmony with the neighborhood. Statement: This facility is not compatible nor in harmony with the neighborhood. Evidence: This is the largest odor source in the state of Colorado and in recent state history. The county did not put in adequate measures to establish compatibility. Colorado Re • orted Odor Corn • laints: Years 200 -October 2016 County Reported* Weld BWr•l(i !Denver El Paso t8 F Morgan 497* Odor Descriptive Decomposing Organic Feedstock -Chemical Sewage 40 27 General Source Year or General Span of Years Bio•Fermentation Plant-Blogas Synthesis (AKA Heartland) Waste Water iteatrnerlt Plant (Northglenn WWTP) Paint Solvent Wood Products Manufacturing 2015-2016 2004 2016 20042006 Pet Food Decomposition Pet Food Processing Plant (Purina) 2016 Chemicals 10 Human Food 9 Decomposing Organics Chemical Syntheses Human Food Processing Plant -Odors were of palatable food not decomposing materials Sugar Beet Processing 2011 2014 2015 2013 'Line I. Is "accurate" as of November 8, a0t6 • • Reasons Facility was Approved M USR14-0030 • 2. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. Section 22-2-20 B.3 A. Policy 2.3 states "Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural businesses and industries include those related to ranching, confined animal production, farming, greenhouse industries, landscape production and agri-tainment or agri-tourism uses. Statement(s): This facility is not consistent with multiple other sections of the Comprehensive Plan Evidence: - The first guiding principle of the Comprehensive Plan states "Private Property Rights. One (1) of the basic principles upon which the United States was founded, which it continues to preserve, and Weld County upholds, is the right of citizens to own and utilize their property. Private property rights are not unlimited rights but, rather, rights balanced with the responsibility of protecting community health, safety and welfare. It is the goal of the Comprehensive Plan to promote opportunities for County citizens, while protecting private property rights." - The fifth guiding principle states: "Regulations Addressing Land Use Changes. Land use regulations which address land use changes should be written so they protect the rights of private property owners and the public health, safety and welfare. " • • Reasons Facility was Approved M USR14-0030 • 2. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. Section 22-2-20 B.3 A. Policy 2.3 states "Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural businesses and industries include those related to ranching, confined animal production, farming, greenhouse industries, landscape production and agri-tainment or agri-tourism uses. Statement(s): This facility is not consistent with multiple other sections of the Comprehensive Plan Evidence (Continued): Since the facility is industrial. Sec 22-2-80 A states: "Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable." It is not located in any of these areas - Sec 22-2-80 F states: "Minimize the incompatibilities that occur between industrial uses and surrounding properties." - Sec 22-4-40 C: "In addition to emissions of criteria and hazardous pollutants, the County is concerned with nuisance emissions of odor and dust. The County will encourage development to occur in a manner that minimizes these impacts." - Sec 22-5-140 3 (AE Policy 1.2) Support the development and use of biofuels. Recommended StrategyAE.1.2.a. Identify industrial areas that can support the development of biofuel facilities. • • Reasons Facility was Approved M USR14-0030 3. The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. No letters or phone calls have been received from surrounding property owners in regards to this application. Statement(s): This facility and changes have had substantial adverse impact. No letters or phone calls were received the majority of surrounding property owners were not notified. Evidence: • As stated previously, this is the largest odor producer in recent state history. Clearly it has had a substantial adverse impact. No phone calls or letters were received because only those within 500' were notified. This facility has an impact of over a 3.5 mile radius. The county did not provide sufficient notification to the citizens that would be impacted by this facility. • • • Reasons Facility was Approved 5. Not deemed to be a major change. Statement(s): Adding an additional odor source without proper controls, which would have been known by the applicant, is a SIGNFICANT change. Evidence: Again, largest odor source in the state. Applicant had previous knowledge that this waste source would produce odor. In addition, they knew that the best practice was to cover, collect and capture the odor which included unloading and processing the waste enclosed. However the applicant did not include this and the county did not require it. This has resulted in this being a MAJOR change. • • • All Approvals Sec 23-4-380 B states: Applicants for activities reviewed pursuant to Article II, Division 4 of this Chapter for any Solid Waste sites and facilities or Hazardous Waste disposal sites shall have the burden of proof to demonstrate that there is a need for the facility within the proposed area of service, and the Planning Commission and Board of County Commissioners shall be satisfied that a need exists as part of the determinations for any such permit. Statement(s): No evidence has been provided that the applicant proved there is a need. In addition, the Planning Commission and Board of County Commissioners provided no evidence that they were satisfied with the need. Evidence: - In none of the approvals, USR 1704, Amended USR 1704 or MUSR 14-0030 is section 23-4-380 B addressed. Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Wednesday, November 16, 2016 9:24 AM Esther Gesick; Tisa Juanicorena FW: TWO MILE REPORT - Heartland From: Tom Parko Jr. Sent: Wednesday, November 16, 2016 9:13 AM To: Michelle Martin <mmartin@co.weld.co.us>; Chris Gathman <cgathman@co.weld.co.us> Subject: FW: TWO MILE REPORT Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-400-3572 Mobile: 970-302-5333 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Julie Cozad Sent: Wednesday, November 16, 2016 8:21 AM To: Trevor Jiricek <tiiricek@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us> Subject: Fwd: TWO MILE REPORT FYI Sent from my Verizon Wireless 4G LTE smartphone Original message From: renafae@aol.com 3 EXHIBIT Y C:�I.(o"IS7JU� 1 Date: 11/16/16 8:19 AM (GMT -07:00) To: Sean Conway <sconway@co.weld.co.us>, Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>, Mike Freeman <mfreeman@co.weld.co.us>, Julie Cozad <jcozad@co.weld.co.us>, Steve Moreno <smoreno@co.weld.co.us> Subject: TWO MILE REPORT This might help: 8:10 am Smell from plant is definitely present 2 1/2 miles to Northwest of plant Not nauseating but odor is there. THANK YOU! Rena Arens 21730 WC Rd 44 Esther Gesick Subject: FW: Follow up to Heartland Show Cause Hearing From: Steve Moreno Sent: Wednesday, November 16, 2016 11:17 AM To: Tom Parko Jr. <tparko@co.weld.co.us>; Bruce Barker <bbarker@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: FW: Follow up to Heartland Show Cause Hearing Steve Moreno Weld County Commissioner At Large 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-336-7204 Ext. 4207 Fax: 970-336-7233 Email: smoreno@co.weld.co.us Website: www.co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: James Welch mailto:jameswelch3445@vahoo.com] Sent: Tuesday, November 15, 2016 9:38 PM To: Julie Cozad <icozad@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Subject: Follow up to Heartland Show Cause Hearing Dear Commissioners, First, I would like to thank you for your time and consideration yesterday. I do want to assure you that I understand the complexity of this situation and the difficulty of the decision. I hope you will equally understand why I am so passionate about trying to protect my home, family and freedom. There is one follow up request I have from Monday's Show Cause Hearing. At the beginning of the meeting, the Assistant County Attorney presented information in regards to the Certificate of Designation. I would like to formally request a copy of the information that has been provided in regards to the CD. Thank you again for your time. With Best Regards, James Welch 1 Esther Gesick Subject: FW: Follow up to Heartland Show Cause Hearing From: Steve Moreno Sent: Wednesday, November 16, 2016 11:15 AM To: Tom Parko Jr. <tparko@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: FW: Follow up to Heartland Show Cause Hearing Steve Moreno Weld County Commissioner At Large 1150 0 Street PO Box 758 Greeley CO 80632 Phone: 970-336-7204 Ext. 4207 Fax: 970-336-7233 Email: smoreno(Wco.weld.co.us Website: www.co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: James Welch[mailto:iameswelch3445@yahoo.com] Sent: Wednesday, November 16, 2016 6:02 AM To: Steve Moreno <smoreno@co.weld.co.us> Subject: Follow up to Heartland Show Cause Hearing Dear Commissioner Moreno, I want to sincerely thank you for your support of our community at the Heartland Show Cause hearing. We desperately want our lives and freedoms back. I and our community are grateful for your attempt to help us regain what has been taken from us. I did want to follow up on one question you asked Mr. Brewer in regards to the odor and time of year. The answer is, while the odor is always strong, it does tend to get worse when it is cool out. However the complaint numbers that Mr. Brewer has may not be a reliable indicator of that. The vast majority of the community didn't know they were supposed to contact the county until Memorial weekend 2016 when one of the neighbors canvassed the area with the counties contact information. During the early part of last year when it was cool there were only a few families that knew to contact the county. So the numbers Mr. Brewer has from last spring is more of an indicator of lack of awareness who to call than of the severity of the odor. Again, thank you again for your support. With Best Regards, James Welch 1 Esther Gesick Subject: FW: Hearland BioGas odor From: Julie Cozad Sent: Wednesday, November 16, 2016 10:30 AM To: Trevor Jiricek <tjiricek@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us> Subject: FW: Hearland BioGas odor FYI Julie Cozad Weld County Commissioner, District 2 1150 O Street P.O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 jcozad[c�weldoov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Bennett mailto:chrisrbbennett@gmail.comj Sent: Wednesday, November 16, 2016 10:26 AM To: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Subject: Hearland BioGas odor Good morning all, I wanted to report a high level of odor that I experienced coming down County Road 49 at the corner of County Road 42 at approximately 8:45 pm on Tuesday, 11/15/16 . I unfortunately had my windows down in my car and would put the odor at an 8/10 in strength. Please let me know if you need any further information. Thank you, Chris Bennett (734) 363-7921 1 Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Thursday, November 17, 2016 7:09 AM Esther Gesick; Tisa Juanicorena FW: TWO MILE REPORT From: Julie Cozad Sent: Thursday, November 17, 2016 7:08 AM To: renafae@aol.com; Sean Conway <sconway@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Cc: Phillip Brewer <pbrewer@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>; Chris Gathman <cgathman@co.weld.co.us>; Trevor Jiricek <tjiricek@co.weld.co.us> Subject: RE: TWO MILE REPORT Good morning Rena, It's absolutely fine to copy us on these, but we really need these to go to our Planning Department and Health Department so that they can document complaints and make them a part of the public record. Please include the following people: pbrewere@co.weld.co.us (Phil Brewer -Health Dept.) cgathman@co.weld.co.us (Chris Gathman-Planning Dept.) I have copied them both on this email response, as well as the Department Heads for each Department. I appreciate your interest in this case. Thank you. Julie Julie Cozad Weld County Commissioner. District 2 1150 O Street P.O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 jcozadweldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return 1 e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: renafae@aol.com[mailto:renafae@aol.com] Sent: Wednesday, November 16, 2016 4:43 PM To: Julie Cozad <jcozad@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Subject: Re: TWO MILE REPORT Julie.. Thanks so much for giving your attention to this matter. I plan to send a report fairly often to all the commissioners' email. Will be short and sweet. I will include a wind factor from now on. 11/16/2016 2 1/2 miles NW of plant 8:10 a.m. wind was calm..smell was very noticeable. but not nauseating then got much worse as I was loading cattle. About an hour and half later the wind really started blowing and that dissipated the smell. You will probably get a report from Chris Bennett and Miranda Arens too who live about 1.5 miles directly west of the plant as to conditions on nights and weekends. Just remember who I am..l have butchered animals, worked on sick animals, worked in manure, treated horrible wounds. pulled calves that have died, been around wildlife(skunks) etc.. worked with dead animals, even done a little taxidermy that has sent my husband to the house_.not someone that is offended easily by strong odors. Just some perspective of who is sending these emails. Also. I have a big problem with all the talk about compliance with an odor scale that keeps coming up...as I understand there was no yardstick that they used to originally push the plant through .. not greater or lesser.. it was NO ODOR. A little apology for my previous book email, but the frustration level is high. Short and sweet from here on out! THANKS! So appreciate your consideration. Rena Original Message From: Julie Cozad <icozad©co.weld.co.us> To: renafae <renafaeaaol.com>; Sean Conway <sconwayco.weld.co.us>: Barbara Kirkmeyer <bkirkmeyer cr co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>: Steve Moreno <smorenoco.weld.co.us> Sent: Wed, Nov 16. 2016 8:21 am Subject: RE: TWO MILE REPORT Thank you Rena. I have forwarded your email to our Health and Planning Departments. Julie Sent from my Verizon Wireless 4G LTE smartphone Original message From: renafae�aol.com Date: 11/16/16 8:19 AM (GMT -07:00) To: Sean Conway <sconway(co.weld.co.us>. Barbara Kirkmeyer <bkirkmeyerco.weld.co.us>, Mike Freeman <mfreeman@co.weld.co.us>, Julie Cozad <cozad©co.weld.co.us>, Steve Moreno <smoreno@co.weld.co.us> Subject: TWO MILE REPORT This might help: 8:10 am Smell from plant is definitely present 2 1/2 miles to Northwest of plant Not nauseating but odor is there. THANK YOU! Rena Arens 21730 WC Rd 44 2 Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Sunday, November 27, 2016 2:45 PM Esther Gesick; Tisa Juanicorena FW: Heartland Biogas complaint submission From: Miranda Arens [mailto:miranda.arens@gmail.comj Sent: Wednesday, November 23, 2016 7:09 PM To: pbrewere@co.weld.co.us; Chris Gathman <cgathman@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Subject: Heartland Biogas complaint submission iii All, I'd like to report two incidences of the plant's odor throughout the last week. I was traveling all last week and returned Thursday night, November 17. As I was driving home from the airport, the plant's odor was very pungent despite the snowy and windy weather. That date and time was Thursday, November 17 at approximately 8:15 p.m. Today I was working outside and the smell from the plant wafted through at about 10 a.m. this morning. I work long hours and travel frequently so I'm not home often, but here are two reports from the last week. Let me know if you have questions. Forward and submit the complaint per your processes. Thanks, Miranda Arens (c) 970.396.7939 miranda.arens@gmail.com EXHIBIT McpU,-aod 4-15 1 Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Sunday, November 27, 2016 2:46 PM Phillip Brewer; Esther Gesick; Tisa Juanicorena FW: Hearland BioGas odor From: Tom Parko Jr. Sent: Wednesday, November 16, 2016 11:08 AM To: Michelle Martin <mmartin@co.weld.co.us>; Chris Gathman <cgathman@co.weld.co.us> Subject: FW: Hearland BioGas odor Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-400-3572 Mobile: 970-302-5333 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Julie Cozad Sent: Wednesday, November 16, 2016 10:30 AM To: Trevor Jiricek <tiiricek@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us> Subject: FW: Hearland BioGas odor FYI Julie Cozad Weld County Commissioner, District 2 1150 O Street P.O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 1 Fax: 970-336-7233 jcozad@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Bennett mailto:chrisrbbennett@gmail.com] Sent: Wednesday, November 16, 2016 10:26 AM To: Barbara Kirkmeyer <bkirkmever@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Subject: Hearland BioGas odor Good morning all, I wanted to report a high level of odor that I experienced coming down County Road 49 at the corner of County Road 42 at approximately 8:45 pm on Tuesday, 11/15/16 . I unfortunately had my windows down in my car and would put the odor at an 8/10 in strength. Please let me know if you need any further information. Thank you, Chris Bennett (734) 363-7921 2 Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Chris Gathman Sunday, November 27, 2016 2:52 PM Esther Gesick; Tisa Juanicorena Phillip Brewer FW: Clarification on public notification for 2-25-13 & design plan changes _2-25-13 special review USR.pdf Importance: High From: Julie Cozad Sent: Monday, November 21, 2016 11:30 AM To: Chris Gathman <cgathman@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us> Cc: Trevor Jiricek <tjiricek@co.weld.co.us> Subject: FW: Clarification on public notification for 2-25-13 & design plan changes Importance: High FYI and please add to the public record. Julie Cozad Weld County Commissioner, District 2 1150 O Street P O. Box 758 Greeley, CO 80632 Office- 970-336-7204 Cell- 970-515-2424 Fax: 970-336-7233 jcozad@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kathy Hoyland [mailto:kathy.hoyland@skybeam.com] Sent: Sunday, November 20, 2016 5:01 PM To: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <icozad@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us> Subject: Clarification on public notification for 2-25-13 & design plan changes Importance: High 1 Dear Commissioners, I would like to make a clarification on a statement that was made by Chris Gathman, Weld County Planning. Commissioner K i rkmeyer had asked Mr. Gathman if in 2013 the public was notified of the design changes and he answered yes. There were only 8 neighbors notified on the design plan changes due to the Weld County 500 foot code. Please see page 23 of the attached 2-25-13 Special Review USR that outlines the design plan changes; out of those 8 neighbors notified 2 are Shelton Dairy & Shelton Land & Cattle and 1 was the State of Colorado. My husband and I, nor were 99% of this community notified because of this 500 foot code. I found out about this code when I was on a call w/Chris several months ago questioning why we were not notified of the design changes. If we would have known of this we would have been at the meeting in 2013. this 500 foot code needs to be changed and this a perfect example of why. Thank you for your time, Kathy Hoyland 18612 County Road 49 La Salle, CO 970-284-7998 2 Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Sunday, November 27, 2016 2:51 PM Phillip Brewer; Esther Gesick; Tisa Juanicorena FW: TWO MILE REPORT/Heartland Biogas From: renafae@aol.com[mailto:renafae@aol.com] Sent: Sunday, November 20, 2016 6:38 PM To: Chris Gathman <cgathman@co.weld.co.us>; pbrewere@co.weld.co.us Cc: Julie Cozad <jcozad@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us> Subject: TWO MILE REPORT/Heartland Biogas Report from 2 1/4 to 2 1/2 miles away as the crow flies Northwest of Heartland Biogas Friday 11/18/2016 9:38 p.m. wind calm stepped out on back porch to check on dogs and smell was very bad shut down windows for night Saturday 11/19/2016 not home so don't know Sunday 11/20/2016 5:03 a.m. wind very calm smell coming in through window woke me up and headache all day (headache could have been from something else, but on days smell is worse headache (2) Can't imagine what my neighbors closer to the plant are dealing with. Please document. Wishing you all a Happy Thanksgiving.. THANK YOU for you consideration Rena Arens 21730 WCR 44 LaSalle CO 80645 PH# 970 284 5464 1 Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Esther Gesick Monday, November 28, 2016 8:48 AM Tisa Juanicorena Chris Gathman; Michelle Martin FW: EDF/Heartland Biogas Plant North Substrate Tank overflowing please see attached pictures 11-27-16@ll05am_North substraight tank overflowed_1.JPG; 11-27-16@ 1106am_North substraight tank overflowed_2.JPG; 11-27-16@l108am_North substraight tank overflowed_3..JPG Importance: High Please see attached for inclusion in the file. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 1861 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michelle Martin Sent: Monday, November 28, 2016 8:40 AM To: Esther Gesick <egesick@co.weld.co.us> Subject: FW: EDF/Heartland Biogas Plant North Substrate Tank overflowing please see attached pictures Importance: High Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 400-3571 FAX: (970) 304-6498 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Jr. Sent: Monday, November 28, 2016 8:36 AM To: Michelle Martin <mmartin@co.weld.co.us> Subject: FW: EDF/Heartland Biogas Plant North Substrate Tank overflowing please see attached pictures Importance: High Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-400-3572 Mobile: 970-302-5333 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kathy Hoyland [mailto:kathy.hoyland@skybeam.com] Sent: Sunday, November 27, 2016 11:41 AM To: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us> Cc: Chris Gathman <cgathman@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>; Phillip Brewer <pbrewer@co.weld.co.us> Subject: EDF/Heartland Biogas Plant North Substrate Tank overflowing please see attached pictures Importance: High Good morning Commissioners, Please see the attached pictures, this morning we received a call from an observant neighbor that notified us that the North Substrate Tank was over -flowing and spewing black liquid out the top, down the sides, possibly on 2 the ground....they have a pump truck over they're pumping something... I have 4 more pictures I can send in a separate email as I am only allowed to attach 3 at a time...just let me know if you want them sent also. Is this an EPA violation Is this a Hazard condition Is this on the ground Is this seeping into the ground The question for us neighbors go on and on Perhaps if any of you are in the area you might want to stop down there and see what is coming out of that tank. Thank you Ken and Kathy Hoyland 970-576-2776 Cell 18612 County Road 49 La Salle, CO 80645 3 w• «woo- 000kowsa.ogolywoui o I Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Monday, November 28, 2016 9:07 AM Tisa Juanicorena; Esther Gesick FW: Continued Odor from Heartland/ Substrate tank overflow From: Tom Parko Jr. Sent: Monday, November 28, 2016 9:01 AM To: Michelle Martin <mmartin@co.weld.co.us>; Chris Gathman <cgathman@co.weld.co.us> Cc: Ben Frissell <bfrissell-durley@co.weld.co.us>; Phillip Brewer <pbrewer@co.weld.co.us> Subject: Fwd: Continued Odor from Heartland/ Substrate tank overflow Sent from my iPhone Begin forwarded message: From: "Julie Cozad" <jcozad@co.weld.co.us> To: "Esther Gesick" <egesick@co.weld.co.us>, "Tom Parko Jr." <tparko@co.weld.co.us> Subject: FW: Continued Odor from Heartland/ Substrate tank overflow Julie Cozad Weld County Commissioner, District 2 1150 O Street P.O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 jcozadweldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: James Welch [mailto:jameswelch3445@yahoo.com] Sent: Sunday, November 27, 2016 3:51 PM To: Sean Conway <sconway@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <icozad@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Cc: Phillip Brewer <pbrewer@co.weld.co.us>; Paul Carr - CDPHE <paul.carr@state.co.us> Subject: Continued Odor from Heartland/ Substrate tank overflow Dear Commissioners, I am writing in regards to the fact that the odor from Heartland over the last couple of weeks has been bad but since Wednesday has been extremely bad. In fact the odor Wednesday night, as we were preparing for Thanksgiving the next day, was so strong that it filled our house with odor for hours. It has been a long time since the odor has been that strong. It was also bad on Thanksgiving making it very difficult to enjoy a meal with a rotten stench in the background. It has now culminated to today in which the north substrate tank overflowed and ran the hot, rancid substrate out of the tank. (Pictures attached.) This facility continues to be run in a manner that does not protect the health, safety or welfare of the citizens of Weld County. Please help to protect our families and our homes. Sincerely, James Welch 2 Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Monday, November 28, 2016 9:23 AM Esther Gesick; Tisa Juanicorena FW: Thanksgiving Cancelled at the Hoyland's Home!!! Importance: High From: Kathy Hoyland[mailto:kathy.hoyland@skybeam.com] Sent: Wednesday, November 23, 2016 9:12 PM To: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us> Cc: Chris Gathman <cgathman@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>; Phillip Brewer <pbrewer@co.weld.co.us> Subject: Thanksgiving Cancelled at the Hoyland's Home!!! Importance: High Good evening Commissioners, Well here we are AGAIN!!! It is 8:30 pm the Wednesday evening before Thanksgiving and we have had to make the decision to cancel Thanksgiving at our home tomorrow. 11 years we have had Thanksgiving here at our home and because of the STENCH that is coming from that EDF/Heartland Biogas plant tonight we can't chance having all our family here tomorrow enjoying our Thanksgiving dinner and all of a sudden the sickening STENCI I from EDF/Heartland Biogas comes rolling into OUR HOME and ruins dinner for all of us! The stench was horrid on Friday, Saturday & Sunday, better on Monday, on Tuesday it was there but better and we thought....they are going to give this community a break for the holiday and here it is Wednesday evening before Thanksgiving and we are in the SAME BOAT we were on 4th of July Holiday!!! We feel EDF/Heartland Biogas know when the County is closed and we feel they do this on purpose and release that horrid odor into the air when no one can come out and measure it! i I went downstairs at 8:30 to change out the laundry and the odor is so horrific in our dryer coming in from the dryer vent...OMG I can't even do laundry in my home. This is beyond ridiculous and this is NOT acceptable. We are pleading with you to hold their feet to the fire and make them responsible neighbors, you can't expect this community to live like this anymore. I will repeat it again when they changed the plan design in 2013, WE HAD NO SAY in this because of Weld County's 500 foot code.... Enjoy your Thanksgiving! We have now had another holiday RUINED by EDF/Heartland Biogas!!! ! Sincerely, Ken and Kathy Hoyland 18612 County Road 49 La Salle, CO 970-284-7998 2 Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Esther Gesick Monday, November 28 2016 8:48 AM Tisa Juanicorena Chris Gathman; Michelle Martin FW: EDF/Heartland Biogas Plant North Substrate Tank overflowing please see attached pictures 11-27-16@1105am_North substraight tank overflowed_1.JPG; 11-27-16@ 1106am_North substraight tank overflowed_2.JPG; 11-27-16@1108am_North substraight tank overflowed_3..JPG Importance: High Please see attached for inclusion in the file. Esther E. Gesick Clerk to the Board 1150 O Street'P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 IN% de Yart.. Sot , t;. Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michelle Martin Sent: Monday, November 28, 2016 8:40 AM To: Esther Gesick <egesick@co.weld.co.us> Subject: FW: EDF/Heartland Biogas Plant North Substrate Tank overflowing please see attached pictures Importance: High Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 400-3571 FAX: (970) 304-6498 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Jr. Sent: Monday, November 28, 2016 8:36 AM To: Michelle Martin <mmartin@co.weld.co.us> Subject: FW: EDF/Heartland Biogas Plant North Substrate Tank overflowing please see attached pictures Importance: High Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-400-3572 Mobile: 970-302-5333 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kathy Hoyland [mailto:kathy.hoyland@skybeam.com] Sent: Sunday, November 27, 2016 11:41 AM To: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <icozad@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us> Cc: Chris Gathman <cgathman@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>; Phillip Brewer <pbrewer@co.weld.co.us> Subject: EDF/Heartland Biogas Plant North Substrate Tank overflowing please see attached pictures Importance: High Good morning Commissioners, Please see the attached pictures, this morning we received a call from an observant neighbor that notified us that the North Substrate Tank was over -flowing and spewing black liquid out the top, down the sides, possibly on 2 the ground....they have a pump truck over they're pumping something... I have 4 more pictures I can send in a separate email as I am only allowed to attach 3 at a time...just let me know if you want them sent also. Is this an EPA violation Is this a Hazard condition Is this on the ground Is this seeping into the ground The question for us neighbors go on and on Perhaps if any of you are in the area you might want to stop down there and see what is coming out of that tank. Thank you Ken and Kathy Hoyland 970-576-2776 Cell 18612 County Road 49 La Salle, CO 80645 3 Esther Gesick Subject: Attachments: FW: Clarification on public notification for 2-25-13 & design plan changes _2-25-13 special review USR.pdf Importance: High From: Julie Cozad Sent: Monday, November 21, 2016 11:30 AM To: Chris Gathman <cgathman@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us> Cc: Trevor Jiricek <tiiricek@co.weld.co.us> Subject: FW: Clarification on public notification for 2-25-13 & design plan changes Importance: High FYI and please add to the public record. Julie Cozad Weld County Commissioner, District 2 1150 O Street P.O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 jcozad©weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kathy Hoyland mailto:kathy.hoyland@skybeam.com] Sent: Sunday, November 20, 2016 5:01 PM To: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <icozad@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Sean Conway <sconwav@co.weld.co.us> Subject: Clarification on public notification for 2-25-13 & design plan changes Importance: High Dear Commissioners, I would like to make a clarification on a statement that was made by Chris Gathman, Weld County Planning. Commissioner Kirkmeyer had asked Mr. Gathman if in 2013 the public was notified of the design changes and he answered yes. 1 There were only 8 neighbors notified on the design plan changes due to the Weld County 500 foot code. Please see page 23 of the attached 2-25-13 Special Review USR that outlines the design plan changes; out of those 8 neighbors notified 2 are Shelton Dairy & Shelton Land & Cattle and 1 was the State of Colorado. My husband and I, nor were 99% of this community notified because of this 500 foot code. I found out about this code when I was on a call w/Chris several months ago questioning why we were not notified of the design changes. If we would have known of this we would have been at the meeting in 2013, this 500 foot code needs to be changed and this a perfect example of why. Thank you for your time, Kathy Hoyland 18612 County Road 49 La Salle, CO 970-284-7998 2 Tisa Juanicorena From: Sent: To: Subject: Importance: Chris Gathman Tuesday, November 29, 2016 7:43 AM Tisa Juanicorena; Esther Gesick FW: EDF/Heartland Biogas Stench High From: Kathy Hoyland[mailto:kathy.hoyland@skybeam.com] Sent: Monday, November 28, 2016 7:40 PM To: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us> Cc: Chris Gathman <cgathman@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>; Phillip Brewer <pbrewer@co.weld.co.us>; Carr - CDPHE, Paul <paul.carr@state.co.us> Subject: EDF/Heartland Biogas Stench Importance: High Good evening Commissioners, Here is it 7pm Monday night and we have had that stench since 3am this morning, it is in our basement, our dryer, our garage, our shop....it is just really depressing, disheartening and pretty much ridiculous that we have to live this way due to this plant emitting that stench and being allowed to continue to disrupt our lives, our homes and our health. We were woken up at 3 am this morning with a stench that was so bad...can you imagine no windows open and that stench is finding its way into every crack it can! It has been a pretty tough the last several days with constant stench that seeps into any crack it can! I am not sure how you expect this community to continue living this way; to quote Commissioner Kirkmeyer at the last Show of Cause hearing "we feel like guinea pigs" being exposed to God knows what because NO ONE wants to test the air and give this community piece of mind on what this plant is emitting into the air! My husband believes this is what is causing my severe coughing spells, had one early this morning....hammy right about the time he woke up to the smell, he woke up to me coughing severely....again we are just guinea pigs to this plant. These coughing spells have started this year around March and continue to this day, it is horrible and yet no one in this County gives a hoot about any of us and what is happening to us. 1 Yes, just keep that plant open and keep destroying this community because NO ONE IS TESTING THE AIR!!!! Not talking about the odor reading, talking about testing the air to see what they are emitting into the atmosphere. They will just continue to pull the wool over your eyes and Jason Thomas will continue to tell you how good this is for Weld County...we are offended by Jason Thomas's statement! This Community IS Weld County and this is NOT good for us, how can he say this is good for this County. What does this company consider this community, casualties of war? As you can tell by this email we are done, we are tired of living this way, tired of interrupted sleep, and tired of trying to figure out what we are going to have to do to get our lives back! This was NOT something 99% of this Community was allowed to have a say in, due to the Weld County 500 foot code... Please revoke their USSR and help this community get our lives, our homes, our property and our health back. Sincerely, Ken and Kathy Hoyland 18612 County Road 49 La Salle, CO 970-284-7998 2 Tisa Juanicorena From: Sent: To: Cc: Subject: Esther Gesick Wednesday, November 30, 2016 8:30 AM Tisa Juanicorena Chris Gathman FW: Heartland Biogas complaints - Nov 23 - Nov 30, 2016 Esther F Gesick Clerk to the Board 1150 O Street' P.O. Box 758' Greeley, CO 80632 tel: (970) 400-4226 ,;'86I tom - Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Miranda Arens[mailto:miranda.arens@gmail.com] Sent: Tuesday, November 29, 2016 9:11 PM To: Chris Gathman <cgathman@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us>; Phillip Brewer <pbrewer@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Subject: Heartland Biogas complaints - Nov 23 - Nov 30, 2016 I'd like to report three more complaints of odor coming from the Heartland Biogas plant. My address again is: 19575 County Road 45 LaSalle, CO 80645 These are occurrences over the last week: 1. Wednesday, November 23 Odor was obvious when I was home this day from approximately 10 a.m. to 2 p.m. It was strong this day. 2. Friday, November 25 Odor was obvious at approximately 1:30 p.m. It was extremely strong this day - simply disgusting. 3. Wednesday, November 30 Odor was obvious from 2 p.m. - 5 p.m. despite today's heavy winds. It was more faint today with the wind blowing to the east, but I live on the west side of the plant so I feel for the people on the east side of the plant. I try to give a range of when I've smelled the plant. This more or less correlates to when I was home this last week and not necessarily an indication that the plant's odor was obvious only during these times. 1 Thanks, Miranda Arens (c) 970.396.7939 miranda.arens@gmail.com 2 Tisa Juanicorena From: Sent: To: Cc: Subject: Chris Gathman Wednesday, November 30, 2016 9:28 AM Esther Gesick; Tisa Juanicorena Michelle Martin; Tom Parko Jr.; Ben Frissell; Lauren Light; Trevor Jiricek FW: TWO MILE REPORT/Heartland Biogas From: renafae@aol.com[mailto:renafae@aol.com] Sent: Wednesday, November 30, 2016 9:23 AM To: Chris Gathman <cgathman@co.weld.co.us>; pbrewere@co.weld.co.us Cc: sconway@weldgoc.com; Mike Freeman <mfreeman@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Subject: TWO MILE REPORT/Heartland Biogas Wednesday/November 30 2016 1:57 a m. Stench from biogas plant was strong, putrid, and nauseating. Bedroom window was open about an inch and I was awakened by nausea and headache from the horrible smell crawling in through the window. Wind was calm. We had been blessed with medium to strong breezes and very strong wind for several days which was a wonderful reprieve, but last night was calm and the smell brutal. You can't really close your window once its there because it hangs in your house.. best bet is to turn on your fan, cover face with blankets, and wait for breeze. Got better in the house about 4:00 this morning. When wind is calm it creeps through the valley on cool air and hangs there. I am 2 1/2 miles Northwest of the plant. This has been going on for many months. but I only figured out the smell from being down at my daughters who is 1 1/2 miles west of the plant. My first complaint was a phone discussion with Mr. Brewer. Again. I am not a person who usually has headaches, but when the smell from the plant is very strong I have lingering headaches (7) As of 9:01 this morning there was still a distinct odor coming from the plant at our location 21730 WCR 44 LaSalle CO. wind is calm I don't feel like the monitors are representing the true scope of the odor problem because of wind movement. Please document these comments. Thanks for your consideration Rena Arens *Also..is the waste produced from this plant being monitored Semi after semi spreads the waste water by pulling the plug and applying it on the surface of fields and backing up to irrigation reservoirs and cement ditches and pulling the plug. This water is then stored in unlined irrigation reservoirs until sprinklers run. Water is also piped to 10+ acre lake off property which I think is also unlined. Is this monitored? The water is very high in N and P. Is this prudent when our area is already high in salinity and suffers with a very high water table. Is the effect on soil and ground water being monitored? What is the effect of letting this water leach into our aquifer? You may already have answers to these concerns. Thank you. 1 Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Thursday, December 01, 2016 11:44 AM Tisa Juanicorena FW: TWO MILE REPORT/Heartland Biogas From: renafae@aol.com[mailto:renafae@aol.com] Sent: Thursday, December 01, 2016 11:34 AM To: Chris Gathman <cgathman@co.weld.co.us>; pbrewere@co.weld.co.us Cc: Sean Conway <sconway@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us> Subject: TWO MILE REPORT/Heartland Biogas 2.5 miles Northwest of Heartland Biogas 21730 WCR 44 LaSalle CO 9 38 p.m. 11/30/2016 slight breeze from SE very strong odor from Heartland. closed all windows down 12:49 a.m. 12/01/2016 calm/very cold still very strong coming from plant *These reports are to give the people who don't live out here an idea of what is being dealt with Odor seems to be more frequent and stronger at our location than before. Please document. Thank you Rena Arens Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Friday, December 02, 2016 9:47 AM Tisa Juanicorena; Esther Gesick FW: EDF/Heartland Biogas Odor Complaint - 12-2-16 Importance: High From: Kathy Hoyland[mailto:kathy.hoyland@skybeam.com] Sent: Friday, December 02, 2016 6:21 AM To: Phillip Brewer <pbrewer@co.weld.co.us> Cc: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Carr - CDPHE, Paul <paul.carr@state.co.us>; douglas.ikenberry@state.co.us; Tom Parko Jr. <tparko@co.weld.co.us>; Chris Gathman <cgathman@co.weld.co.us> Subject: EDF/Heartland Biogas Odor Complaint - 12-2-16 Importance: High Good morning Phil, Please log an odor complaint today, 12-2-16, starting at 5:30 am this morning and still going strongL; coming into our home with NO windows open. Again this appears to be several violations with the Department of Public Health and Environment, Solid Waste Disposal Site and Facilities regulations: CCR 1007-2 sections o 2.1.3 o 14.3.3 (D) o 14.3.3 (I) With this facility operating without a valid CI) and EDOP, and the continued solid waste disposal site and facilities regulations being violated this county should not allow this facility to continue operating unlawfully and in violation. 1 With the colder weather moving in there will be many odor reading above 7:1. Thank you, Ken and Kathy Hoyland 18612 County Road 49 La Salle, CO 80645 970-284-7998 Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Monday, December 05, 2016 3:14 PM Phillip Brewer; Tisa Juanicorena; Esther Gesick FW: TWO MILE REPORT/Heartland Biogas From: renafae@aol.com[mailto:renafae@aol.com] Sent: Monday, December 05, 2016 3:06 PM To: Chris Gathman <cgathman@co.weld.co.us>; pbrewere@co.weld.co.us Cc: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us> Subject: TWO MILE REPORT/Heartland Biogas From 2.5 miles NM of Heartland Biogas Report for Saturday. 12/03/2016 at 9:23 p.m. slight breeze coming from S/E Smell from Heartland Biogas bordered on stench_. it was very strong. It has been stronger. Had to close down all the windows. It subsided to moderate by early Sunday morning. We have become accustomed to check the degree of odor each night before bed to see if we can open our bedroom window for fresh air. The odor is present regularly to varying degrees_ We are blessed with strong winds today so there will be no smell today. Please document Thanks for your consideration. Rena Arens 21730CR44 LaSalle CO 80645 Home 970 284 5464 Cell 970 371 4986 renafae@aol.com 1 Tisa Juanicorena From: Sent: To: Subject: Chris Gathman Monday, December 05, 2016 7:29 AM Esther Gesick; Tisa Juanicorena FW: EDF/Heartland Biogas Odor Complaint 12-3-16 x2 From: Kathy Hoyland [mailto:kathy.hoyland@skybeam.com] Sent: Sunday, December 04, 2016 2:22 PM To: Phillip Brewer <pbrewer@co.weld.co.us> Cc: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Carr - CDPHE, Paul <paul.carr@state.co.us>; douglas.ikenberry@state.co.us; Tom Parko Jr. <tparko@co.weld.co.us>; Chris Gathman <cgathman@co.weld.co.us> Subject: EDF/Heartland Biogas Odor Complaint 12-3-16 x2 Good afternoon Phil, Please log 2 odor complaints from yesterday, 12-3-16; first one at 3:08 pm and the second one at 5:49 pm. These were both called into you but we also want this in writing for public record for the 12-19-16 Show of Cause Hearing. We realize you are the Air Quality Division and you have to have a reading of above 7:1, however, this appears to be a direct violation of the Department of Public Health and Environment Solid Waste Disposal Site and Facilities regulations and since this is also a solid waste composting facility that has been operating since day 1 without a valid CD (Certificate of Designation) and again we would like this documented for public record. 14.6.1(A) No person shall operate a (lass 1 composting facility without having obtained a certificate of designation from the local governing authority, in accordance with section 1.6 of these Solid Waste Regulations. It is EDF/Heartland Biogas's responsibility to apply for a CD from the County; it is not the States nor the Counties responsibility to run around after ALL the multiple facilities/companies operating in this State and County to tell them they need to apply for a CD. A company SHOULD understand all the rules and regulations that they need to operate their plant. The solid waste regulations do not ever reference a 7:1 dilution or any other dilution; they simply state: i 14.3.3 (D) - Nuisance Conditions: A composting facility shall control on -site and prevent off -site nuisance conditions such as noise, dust, mud, odors, vectors and windblown debris • Dust, odors and windblown debris is something we have experienced all the time since EDF/Heartland Biogas started up operations; we have multiple pictures taken of different days that show the dust/dirt that blows from EDF/Heartland Biogas's property. The piles and piles and piles of compost all over the property blows black dirt when the winds blow. 2.1.3 - Nuisance conditions shall not exist at or beyond the site boundary. All reasonable measures shall be employed to collect, properly contain, and dispose of scattered litter including frequent policing of the area, and the use of wind screens where necessary. The facility shall be managed in such a manner that noise, dust and odors do not constitute a hazard to human health. The facility shall be managed in such a manner that the attraction, breeding and emergence of birds, insects, rodents and other vectors do not constitute a health hazard Again we have experienced severe coughing spasms, burning of eyes, nose, throat, nausea caused by these odors We have experienced severe fly infestation since this plant became operational There are open cardboard bins of dry old cat and dog food left out 24/7 at this facility; is this the perfect breeding ground for mice and other rodents? We have pictures of the dog/cat food as well as the food that is brought in left out on pallets and not processed the same day; left out after hours and on the weekends. 14.3.3 (I) - Odor Control: A composting facility shall implement its Department -approved odor management plan as necessary to control on -site and prevent offsite nuisance conditions, including the following: (1) Develop operation procedures to minimize on -site odors and prevent off -site odors (2) Develop operational procedures to mitigate odors when they occur (3) Develop strategies for mitigating off site odors Again we have experienced severe odors at all hours of the day and night, being woken up from sleep so many times we can't count We have had to continually take sleeping pills to try to get a full night's sleep Our holidays have had to be cancelled We no longer can have family gatherings at our home due to the horrendous odor emitted from EDF/Heartland Biogas Plant either on -site or off site 2 C.R.S. 30-20-113: Inspection — enforcement — nuisances - violations - civil penalty (3) Any solid wastes disposal site and facility found to be abandoned or inactive or that is operated, maintained, or closed in a manner so as to violate any of the provisions of this part I and part 10 of this article or any rule adopted pursuant thereto shall be deemed a public nuisance...." EDF/Heartland Biogas has affected our health, both physical and mental; affected our quality of life and has caused us great anguish; emitting the horrendous odors they have interfered with our enjoyment of our property and our enjoyment of life; they have stolen our sanctuary from us and the ability to live peacefully in our home. Sincerely, Ken and Kathy Hoyland 18612 County Road 49 La Salle, CO 80645 970-284-7998 3 Tisa Juanicorena From: Sent: To: Subject: Attachments: Chris Gathman Wednesday, December 07, 2016 7:33 AM Tisa Juanicorena; Esther Gesick FW: Follow up to Heartland Biogas Certificate of Designation - Additional State Statute violation Aug 2016 Waste Grease Facility Renewal.pdf; Feb 2016 Waste Grease Facility Approval.pdf From: Julie Cozad Sent: Tuesday, December 06, 2016 5:15 PM To: Tom Parko Jr. <tparko@co.weld.co.us>; Trevor Jiricek <tjiricek@co.weld.co.us>; Ben Frissell <bfrissell- durley@co.weld.co.us>; Phillip Brewer <pbrewer@co.weld.co.us>; Chris Gathman <cgathman@co.weld.co.us> Cc: Commissioners <C0MMISSI0NERS@co.weld.co.us>; jameswelch3445@yahoo.com Subject: FW: Follow up to Heartland Biogas Certificate of Designation - Additional State Statute violation Tom and Trevor, Please see below from James Welch. Please make the emails below a part of the public record for the Heartland USR. Thanks, Julie Julie Cozad Weld County Commissioner, District 2 1150 O Street P O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax 970-336-7233 jcozadweldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: James Welch [mailto:jameswelch3445@yahoo.com] Sent: Monday, December 05, 2016 8:11 PM To: Julie Cozad <jcozad@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Barbara Kirkmeyer 1 <bkirkmeyer@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us> Subject: Re: Follow up to Heartland Biogas Certificate of Designation - Additional State Statute violation Dear Commissioners: Upon further review of State Statutes for Solid Wastes, I would also like to bring an additional statute to your attention which highlights another major compliance violation. For background, the Heartland Biogas facility is also regulated as a Waste Grease Facility since it receives in and processes waste grease. These facilities are governed by C.R.S 30-20-123 and Colorado Solid Waste Regulation Section 18. The Heartland Biogas facility received in the first shipment of trap grease in October 2015. However, the Heartland facility did not receive its registration from the state to operate as a Waste Grease Facility until February 3, 2016. In addition, Heartland Biogas allowed the permit to lapse from July 15, 2016 through August 10, 2016. In C.R.S. 30-20-123 it states the following: (3)(a)(l)(A) No person shall collect, transport, store, process, or dispose of grease unless the person is validly registered with the department in accordance with this section and rules adopted by the commission under this section; (3)(a)(l)(B) No facility, including a transfer station, shall accept grease for processing, handling, or storage unless the facility is validly registered with the department in accordance with this section and rules adopted by the commission under this section and prominently displays a decal issued pursuant to paragraph (b) of this subsection (3); The remainder of the regulation lists a series of requirements for a waste grease facility including the requirements of the manifest records for each load that they must be keeping which may be beneficial for the county to audit. Not only has this facility been operating unlawfully without a valid CD, but it also operated for 5 months without a valid registration as a Waste Grease Facility which is an additional violation of state statutes. As stated in the attached letters, failure to have a valid certificate can result in enforcement actions under C.R.S. 30-20-113 and Section 18 of the Colorado Solid Waste Regulations. In C.R.S. 30-20-123 and 6 CCR 1007-2 18.4.2(A) it clearly states that no facility can accept grease for processing without a valid registration. So again, this facility has violated another State Statute, the provisions of part 1 of this Statute and another set of Solid Waste Regulations. This non-compliance also means that they have violated C.R.S. 30-20-113(d) which declares a person shall not accept or process trap grease in violation of C.R.S 30-20-123. In addition this is also a violation of 6 CCR 1007-2 18.4.2(E) which states that no facility can accept, collect, store or process waste grease after the July 15 expiration date unless the facility has submitted a complete application for renewal as well as 18.4.2(F) where it states that a waste grease facility that continues to accept grease must submit the renewal application before June 1 of each year. Heartland continued to receive in waste after July 15, 2016 without submitting their application for renewal until August 2016 and did not receive approval until August 10. So not only did this facility accept grease without a valid registration from October 2015 to February 2016, it also accepted grease without a valid registration from July 15 to August 10, 2016 This facility has violated, or is currently violating the following State Statues: C.R.S. 30-20-102 (1) and (2) C.R.S. 30-20-110 (1)(a) and (1)(b) C.R.S. 30-20-113 (1)(a) and (1)(d) C.R.S. 30-20-123 (3)(a)(I)(A) and (3)(a)(l)(B) As stated previously, the required outcome of these violations are the following: • That the CD be suspended or revoked for this facility. C.R.S. 30-20-1 1 • This facility be declared a public nuisance. C.R.S. 30-20-113(3) 2 • This facility is guilty of misdemeanors for each day this facility has been operated in violation. C.R.S 30-20-114 This facility has operated for over a year without a valid CD and approximately 5 months without a valid Waste Grease registration. • No person can operate a facility without a CD so operations need to cease. 6 CCR 1007-2 1.3.3/ 6 CCR 1007-2 14.6.1(A)/ C.R.S 30-102(2) Heartland Biogas has again blatantly disregarded a fundamental regulatory requirement when operating this facility. Based on the continued non-compliance of this facility, as well as the requirements of the State Statutes and Solid Waste regulations, the only option is for operations at this facility to cease. Thank you again for your time and consideration. Sincerely, James Welch From: James Welch <iameswelch3445 yahoo.com> To: Julie Cozad <tozad@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Mike Freeman <mfreeman(c�co.weld.co.us> Sent: Tuesday, November 29. 2016 8 44 PM Subject: Follow up to Heartland Biogas Certificate of Designation Dear Commissioners: Thank you for having the documents forwarded to me in regards to the Attorney General's office confirming that Heartland Biogas does not have a valid CD and is operating in violation of State Statute 30-20-102(1). It is important to note that 30-20-102 is titled "Unlawful to operate site and facility without certificate of designation". While reviewing the letter, I took an opportunity to read through Part 1 of Title 30, Article 20 in regards to Solid Wastes Disposal Sites and Facilities. Upon review of these statutes it appears that there are several other significant concerns that would question the validity of their CD, irrespective of the issue brought up by the State Attorney General. On November 10, 2016 Heartland Biogas signed the Compliance Order from the State of Colorado in regards to their violation of the Air Quality standards on April 27, 2016 confirming they were in violation of a state health quality standard. With that violation in mind, C.R.S. 30-20-110 lists out the minimum requirements of a solid waste facility. In lb it states that all facilities shall comply with the health laws, standards, etc. So this violation also means that they failed to meet the minimum standards of a facility implying they are also in violation of Part 1 of the Solid Wastes section of the State Statutes. In C.R.S 30-20-112 it states the following: "The governing body having jurisdiction, after reasonable notice and public hearing, shall temporarily suspend or revoke a certificate of designation that has been granted by it for failure of a site and facility to comply with all applicable laws, resolutions, and ordinances or to comply with the provisions of part 1 or any rule or regulation adopted pursuant thereto." (Emphasis added.) As stated, they are in violation of a state health law as well as in violation of the provisions of part 1. We also know that the word shall in a regulation is interpreted as a requirement that must be followed. Therefore, section 112 can be read that; because the Heartland Biogas facility violated the Department of Health Air Quality standards and violated part 1 of this regulation, the county, as the governing body, is required to suspend or revoke the certificate of designation. There is not an option to dismiss the issue per section 112. There were some additional sections that are requirements per State Statute. 3 In C.R.S. 30-20-113 it states in 1(a) that a facility shall not be operated in a manner that violates any of the provisions of part 1 or any rule or regulation. Again, with their violation of the Air Quality standard this again confirms that they are in violation of the Solid Waste regulations. This section allows for a variety of enforcement actions that could be initiated by the Solid Waste department. There was an additional requirement in this section that I would like to bring to your attention. In C.R.S 30-20- 113(3) it states: "Any solid wastes disposal site and facility found to be abandoned or inactive or that is operated, maintained, or closed in a manner so as to violate any of the provisions of this part 1 and part 10 of this article or any rule adopted pursuant thereto shall be deemed a public nuisance...." (Emphasis added.) This would then make it an additional requirement that this facility must be deemed a public nuisance. The final statute I would like to point out is 30-20-114 in which it states the following: "Any person who violates any provision of this part 1 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment. Nothing in this part 1 shall preclude or preempt a municipality from enforcement of its local ordinances. Each day of violation shall be deemed a separate offense under this section." (Emphasis added.) There are multiple aspects to this section. With their health violation they are guilty of at least one misdemeanor. What becomes more interesting is that per the State Attorney General they are also in violation of 30-20-102(1) since the beginning of the operation which is also a violation of the provisions of part 1. So according to section 114, this means they are guilty of a separate misdemeanor for each day they have been operating over the past year since they have not, and do not currently have a valid CD. Finally, I would also like to point out C.R.S. 30-102(2) as well as sections 1.3.3 and 14.6.1(A) of 6 CCR 1007-2 in which it states that it is prohibited for any person to operate a facility for solid waste disposal or a Class composting facility without a certificate of designation. This means that since Heartland Biogas does not have a valid CD, it is required that they not operate this facility until a CD is obtained. In summary, it has already been established by the State that Heartland Biogas does not have a valid CD. In addition, the following Statutes are required to be followed: • That the CD be suspended or revoked for this facility. C.R.S. 30-20-112 • This facility be declared a public nuisance. C.R.S. 30-20-113(3) • Heartland Biogas is guilty of a separate misdemeanor for each day this facility has been operated. C.R.S 30-20-114 • No person can operate a facility without a CD so operations need to cease. 6 CCR 1007-2 1.3.3/ 6 CCR 1007-2 14.6.1(A)/ C.R.S 30-102(2) In addition to the fact that this facility does not have a valid CD, in my discussions with the Solid Waste Department of the CDPHE, this facility also does not have a valid EDOP. In order to protect the health, safety, and well-being of the citizens of Weld County, as well as to comply with State Statutes and Solid Waste Regulations, the only option is to immediately suspend operations at this facility until a valid CD and EDOP can be implemented. The county should not allow this facility to continue operating unlawfully and in violation. Thank you for your time. Sincerely, James Welch COLORADO Department of Public Health & Environment Dedicated to protecting and improving the health and environment of the people of Colorado August 10, 2016 Darrel Lopez Heartland Biogas LLC 19179 Weld County Road 49 La Salle, CO 80645 RE: Notification of Waste Grease Certificate of Registration Number cc: SW WLD 93 3.12.1 Dear Darrel Lopez: The Hazardous Materials and Waste Management Division, Solid Waste and Materials Management Program of the Colorado Department of Public Health and Environment has received a Waste Grease Certificate of Registration Application (Form WG-1 /WG-1R) from your business for the following location: Heartland Biogas LLC 19179 Weld County Road 49 La Salle, CO 80645 Certificate of Registration Number: 93 Registration Expiration: July 15, 2017 In accordance with state regulations, the Waste Grease Certificate of Registration Number listed above has been assigned to above referenced location and is valid until July 15, 2017, at which time, you must renew your registration in accordance with Section 18 of the Colorado Solid Waste Regulations (6 CCR 1007-2, Part 1). Also note that a copy of this Certificate of Registration must be retained at your location/principal place of business. Your location has registered as the following: Waste Grease Transporter Waste Grease Facility Personal User of Waste Grease other than for use as Biofuei _J Any change in location would require a new Waste Grease Certificate of Registration Application (Form WG-1) to be filed, as Certificate of Registration Numbers are location specific. Failure to have a Waste Grease Certificate of Registration Number for a new location or use of the wrong Waste Grease Certificate of Registration Number for shipment of waste grease may result in enforcement action under §30-20-113, et sec!, of the Colorado Revised Statutes (C.R.S.), and Section 18 of the Colorado Solid Waste Regulations (6 CCR 1007- 2, Part 1). Also, in accordance with Section 18 of the regulations, if there are changes in any of the following, this office must be notified in writing at the Cherry Creek address above: 1) mailing address, 2) business/individual name, 3) type of registration, 4) contact name or phone number, 5) ownership, or 6) the site has closed or no longer handles or transports waste grease. OVER --> e > ec . anC C??er Meaca% )fficrr Please be aware that the handling and management of waste grease, including the collection, transportation, processing, storage, and disposal of waste grease, is regulated under Section 18 of the Colorado Solid Waste Regulations (6 CCR 1007-2, Part 1). A copy of the regulations and additional information about waste grease requirements is available online at http://www.colorado.gov/cdphe/wastegrease . Special Provisions for Waste Grease Facilities If you are a Waste Grease Facility, your assigned decal number is listed below. The Waste Grease Decal must be displayed in a prominent location at your facility. Facility Decal Number: 93-17 Special Provisions for Waste Grease Transporters A copy of this Certificate of Registration must be retained at your facility AND in EACH vehicle owned or rented that is used for hauling waste grease. If you are a Waste Grease Transporter and you have registered vehicles, the assigned vehicle decal numbers are listed below. The Waste Grease Decal must be affixed to the lower left hand corner of the windshield, or in some other manner so the decal is visible on a vehicle that does not have a windshield. If you requested contracted commercial freight carrier temporary decals, the assigned temporary decal numbers are listed below. A copy of this Certificate of Registration must be retained in EACH vehicle temporarily contracted to haul waste grease. The Temporary Waste Grease Decal must be displayed on the lower left hand side of the windshield, or in some other manner so the decal is visible on a vehicle that does not have a windshield. If you have any questions or need further information, please contact Anna Maylett at (303) 692-3459. Sincerely, Anna Maylett, Waste Grease Specialist Solid Waste and Materials Management Program COLORADO Department of Public Health b Environment Dedicated to protecting and improving the health and environment of the people of Colorado February 03, 2016 Darrel Lopez Heartland Biogas LLC 19179 Weld County Road 49 La Salle, CO 80645 RE: Notification of Waste Grease Certificate of Registration Number cc: SW WLD 93 3.12.1 Dear Darrel Lopez: The Hazardous Materials and Waste Management Division, Solid Waste and Materials Management Program of the Colorado Department of Public Health and Environment has received a Waste Grease Certificate of Registration Application (Form WG-1 /WG-1 R) from your business for the following location: Heartland Biogas LLC 19179 Weld County Road 49 La Salle, CO 80645 Certificate of Registration Number: 93 Registration Expiration: July 15, 2016 In accordance with state regulations, the Waste Grease Certificate of Registration Number listed above has been assigned to above referenced location and is valid until July 15, 2016, at which time, you must renew your registration in accordance with Section 18 of the Colorado Solid Waste Regulations (6 CCR 1007-2, Part 1). Also note that a copy of this Certificate of Registration must be retained at your location/principal place of business. Your location has registered as the following: Waste Grease Transporter Waste Grease Facility Personal User of Waste Grease other than for use as Biofuel Any change in location would require a new Waste Grease Certificate of Registration Application (Form WG-1) to be filed, as Certificate of Registration Numbers are location specific. Failure to have a Waste Grease Certificate of Registration Number for a new location or use of the wrong Waste Grease Certificate of Registration Number for shipment of waste grease may result in enforcement action under §30-20-113, et seq, of the Colorado Revised Statutes (C.R.S.), ), and Section 18 of the Colorado Solid Waste Regulations (6 CCR 1007- 2, Part 1). Also, in accordance with Section 18 of the regulations, if there are changes in any of the following, this office must be notified in writing at the Cherry Creek address above: 1) mailing address, 2) business/individual name, 3) type of registration, 4) contact name or phone number, 5) ownership, or 6) the site has closed or no longer handles or transports waste grease. ;ii OVER --> L D D .. ppO� _S_ ' 3 ' P 3O3-&9•' - ww ^e1r co x: •:dphe �t�.-. '• r�a{7T `fr�4P -. Derr:et �.� :JV r'�' ' 1Jti .�.� .c.�/iL 131.1/ � •rnLoceci Governor Lan wotk. MD 1.J{',w'^ (Accutwe D''ect F and Chief Mg %c3{ E.)fflcer Please be aware that the handling and management of waste grease, including the collection, transportation, processing, storage, and disposal of waste grease, is regulated under Section 18 of the Colorado Solid Waste Regulations (6 CCR 1007-2, Part 1). A copy of the regulations and additional information about waste grease requirements is available online at http://www.colorado.gov/cdphe/wastegrease . Special Provisions for Waste Grease Facilities If you are a Waste Grease Facility, your assigned decal number is listed below. The Waste Grease Decal must be displayed in a prominent location at your facility. Facility Decal Number: 93-16 Special Provisions for Waste Grease Transporters A copy of this Certificate of Registration must be retained at your facility AND in EACH vehicle owned or rented that is used for hauling waste grease. If you are a Waste Grease Transporter and you have registered vehicles, the assigned vehicle decal numbers are listed below. The Waste Grease Decal must be affixed to the lower left hand corner of the windshield, or in some other manner so the decal is visible on a vehicle that does not have a windshield. If you requested contracted commercial freight carrier temporary decals, the assigned temporary decal numbers are listed below. A copy of this Certificate of Registration must be retained in EACH vehicle temporarily contracted to haul waste grease. The Temporary Waste Grease Decal must be displayed on the lower left hand side of the windshield, or in some other manner so the decal is visible on a vehicle that does not have a windshield. If you have any questions or need further information, please contact Shana Baker at (303) 692-3305 or Anna Rice at (303) 692-3459. Sincerely, U Zit Shana Baker, Waste Grease Specialist Anna Rice, Waste Grease Specialist Solid Waste and Materials Management Program Solid Waste and Materials Management Program • ..r \\ .t • ;esuor_pet . (ny1er: cr. CO SC24• 1X3,0 P 3O3.�'2 XIG -.vww.cotarato.go,• cdphe L3►r/ We:r i'H. £secuttve C reC'or and C!ief M.s�y1C3T Of..r "c--ir. �. Tisa Juanicorena From: Sent: To: Subject: Attachments: Chris Gathman Wednesday, December 07, 2016 7:33 AM Tisa Juanicorena; Esther Gesick FW: Heartland USR Concerns IMPORTANT - Letter to John Martin.pdf; IMPORTANT - Solid Waste - Permit Process Information - Application Design & Operations Plan (D&O) - E -Mail - Weld County Comments - D&O Plan.pdf From: Julie Cozad Sent: Tuesday, December 06, 2016 5:29 PM To: Tom Parko Jr. <tparko@co.weld.co.us>; Trevor Jiricek <tjiricek@co.weld.co.us>; Ben Frissell <bfrissell- durley@co.weld.co.us>; Phillip Brewer <pbrewer@co.weld.co.us>; Chris Gathman <cgathman@co.weld.co.us> Cc: Commissioners <COMMISSIONERS@co.weld.co.us>; jameswelch3445@yahoo.com Subject: FW: Heartland USR Concerns This was already sent to you as a part of another email chain, but I'm not sure if the attachments were added. Please add this to the public record. Thanks, Julie Julie Cozad Weld County Commissioner, District 2 1150 O Street PO Box758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 icozad@weldgov.com EXHIBIT 0 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: James Welch [mailto:jameswelch3445@yahoo.com] Sent: Thursday, December 01, 2016 9:34 PM To: Julie Cozad <.cozad@co.weld.co.us>; Barbara Kirkrneyer <bkirkmeyer@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us> Subject: Heartland USR Concerns 1 Dear Commissioners: I am writing in regards to an email from the Weld County Health Department outlining a set of requirements for the Heartland project for odor from 2009. I believe this is one of the more important documents on record. This email brings up several serious concerns with this project including how much was originally known about the odor sources yet ignored, as well as the continued failure to follow the requirements set forth by the county and state. I have attached a copy for your review. The first thing to note is in paragraph 4. In this paragraph the county clearly outlines each of the odor emission points, what the proposed control is for the odor and which odor sources were uncontrolled. We have repeatedly heard that Heartland Biogas was unsure of where the odors were coming from or how to treat them. However this document clearly demonstrates that the odor sources and controls have been known since the beginning of the project. Constructing and operating a facility without these identified odor sources properly controlled is irresponsible and out of compliance with the Solid Waste Regulations requiring off -site nuisance conditions be prevented and that they shall not exist(6 CCR 1007-2 2.1.3 and 13.3.3 (D) (I)). In addition, as I mentioned in the November 14, 2016 Show Cause hearing, not only were these sources and controls known, but they are still failing to put back in place all of the identified controls from 2009. The second thing to note is the requirement for the Odor management plan in paragraph 2. As stated in my presentation in the Show Cause hearing in November, the Odor Management Plan for this facility is very inadequate and does not address any specific odor sources other than the compost. In this email from WCDPHE, they confirm that the odor management plan does not address odors from two of the uncontrolled sources, nor does it address any of the odor control equipment noted in paragraph 4. The county made it a requirement that the odor management plan address these issues. These requirements set by the county have never been included in the Odor Management plan, which has been the same plan for the 2010 EDOP, 2013 EDOP and 2014 DPS EDOP's. The third thing to note is in paragraphs 2 and 4 in which the county and state requires that an APEN be filed for odor emissions. Once again, this requirement was not met as an APEN for the odor sources has not been submitted. By not applying for the APEN, this also circumnavigated the required 30 -day public comment period for odor sources. At the time when this letter was written, the community as well as the county, continued to be told that odor was not going to be an issue. This email clearly indicates that to the contrary, that it was known by the applicant that odor could be a significant issue at this facility and had the potential to violate the State Air Quality Standards. By not applying for the APEN's the public was never properly notified of the odor potential or given a chance to comment which is a violation of the State Air Quality Control Commission Regulation 3. This email raises a series of significant concerns about how and why this USR was approved. We have all been duped in this process and it is reasonable to question whether this USR was fraudulently presented to the county for approval. As evidenced by this document, the applicant would have clearly known that this facility would have odor emissions up to the point, as described in paragraph 5, that it could violate the odor standards, which has been done. However the commissioners and community were misled by the applicant before and during the hearing when specifically asked about odor, continuing to claim that there would be no odor. As further evidence of this misrepresentation, please also see the attached letter in which a community member was again assured by the applicant that there would be no odor after they received the attached email from the county. This document continues to prove that it was well known that this facility would produce odor by the applicant and the county. In addition, it shows that the best practices were known and the county put very specific requirements on this project for odor. However, these best practices, as well as the county and state requirements, were ignored and we know have the largest odor source in the state in our backyards. I would encourage the county to take a strong stance against this USR as it sets a dangerous precedence allowing an applicant to intentionally misrepresent their project to gain a land use approval. 2 Thank you for your time. Best Regards, James Welch 3 AGPROfessionals, LLC DEVELOPERS OF AGRICULTURE November 30, 2009 Mr. John R. Martin 20t71 WCR 40 LaSalle, CO 80645 Dear Mr. Martin, Thank you for your letter dated November 20, 2009. We appreciate your support of this project and look forward to continued communication with neighbors as preliminary construction plans develop. Regarding your concern about the storage of feedstock, and the potential for noxious odors created by these materials. All incoming feedstock will be delivered, processed, and transferred to above -ground steel tames for storage. This closed -system will help to prevent any omission of noxious odors from the facility. There wilUbe no large piles of manure, food waste, or other feedstock stored at this facility. 1 will pass your information along to the Heartland Renewable Energy (HRE) Management Team for review. Facility staffing needs will be communicated by HRE, or their subsidiaries, as they proceed with the development of this project. Should you need additional information, please feel free to contact me at 970-535-9318, or electronically at dandersongagpros.com. Sincerely, ‘4.1 Don E. Anderson Director of Client Relations ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 , Longmont, CO 80504 970.535.9318 /office Cl 970.535.9854 / fax f1 www.agpros.com DOPHE 136 HAZARDOUS MATERIALS SW 2.1. 3303 I milIll iiuu i i iim ilia iii ii ii BOXY 249 (11/9/2009) Curtis Stovall - WCDPHE Comments regarding Heartland Energy's Design` Operations Plan, dated SeptembePa§e2Ic From: To: CC: Date: Subject: September 15, 2009: 5,w/ w I_D / tfQ4 z. Troy Swain <tswain@co.weld.co.us> Don Anderson <danderson@agpros.com> Trevor Jiricek <tjiricek@co.weld.co.us>, "curtis.stovall@state.co us" <c... 11/2/2009 8:08 AM WCDPHE Comments regarding Heartland Energy's Design & Operations Plan, dated Mr. Don Anderson AGPROfessionals, LLC 4350 Highway 66 Longmont, CO 80504 The Weld County Department of Public Health and Environment's (WCDPHE) Environmental Health Services Division offers the following comments regarding Heartland Energy's Design & Operations Ran, dated September 15, 2009: Odor Management Plan: This facility is subject to the Colorado Air Quality Control Commissions (CAQCC) Regulation Number 2 - Odor Emissions. The odor management plan does not address odors from the recycle water holding pond and effluent water retention pond. The odor management plan does not address operation and maintenance of odor control equipment. An Operation and Maintenance Plan for all odor control equipment will be required and an APEN must be filed for al! odorous sources controlled Air Emissions: Under (D) Air Quality Permits the 1st sentence: "APEN - air emission permits will be secured following construction and operational start-up" is an illegal statement and should be removed from the D&O Plan, due to the fact that an APEN/Construction Permit Application is required to be filed prior to construction. An Initial Issued Construction Permit must be obtained prior to start of construction See CAQCC Reg. 3, Part II.A., and definitions of commence, commence construction, construction permit, and uncontrolled actual emissions in CAQCC Reg. 3. An APEN will need to be filed for the gas conditioning skid, bypass flares, tail gas thermal oxidizer and possibly the wastewater treatment process. An APEN must be filed for any back-up generators. There may be other issues depending on utility inputs for the proposed facility. Are natural gas compressor engines being used for compression and refrigeration of produced gas? Natural gas fired boilers for heating of digesters and processing equipment? Natural gas fired turbine for electricity generation? Heartland may become a major source or a potential major source of air pollution. Air Emissions (odor): An APEN must be filed for odor emissions. Detailed information regarding the operation, maintenance, and performance of the odor control equipment will need to be submitted. The following odor emissions points were found in the D&O Plan: food, oil & grease (FOG) tanks - biofilters, concentrated FOG pit - covered, 200K FOG storage tank - two -stage scrubber (odor & H2S control), food waste hopper - not specified , food waste/DAF storage - two -stage scrubber or biofilter, blend tank room - air ionization, solids processing building/digester pump room - air ionization, tail gas - thermal oxidizer, and gas processing skid for conditioning and H2S removal - not specified. The following odor emissions sources are uncontrolled: receiving/storage building, recycle water system, recycle water holding pond, and effluent water retention pond. What is air ionization and has it been proven effective as a production related odor control system? Through the air permitting process, odorous sources are subject to a public comment period by the Air Pollution Control Division. Under CAQCC Reg. 3, Section III.C. Public Comment and Hearing Requirements: III.C.1.b. Sources for which preliminary analysis indicates a possible violation of Commission Regulation Number 2 (odor emissions). Under the Common Provisions Section of the Air Quality Control Commission Regulations: Section 1B requires a public comment period for odorous sources and Section I.D. Intent - "to implement the legislative declaration and other sections of the Act, the commission declares that it is the intent and purpose of these regulations is to: ... 1.O.4. Prevent odors and other air pollution problems which interfere with the comfortable enjoyment of life;"... (11/9/2009) Curtis Stovall - WCDPHE Comments regarding Heartland Energy's Design & Operations Plan, dated SeptembePappeZOE 4111 Groundwater Monitoring Waiver: The Department is not supportive of a groundwater monitoring waiver at this time due to the following: (1) site soils are characterized as well drained to excessively drained and runoff potential is considered low (page 14 part d of D&O), (2) groundwater flow has not been established, MW02 is the only well with groundwater, additional wells in the area of MW02 are likely to have water and would aid in the establishment of the groundwater flow plane, (3) constituents of the "compost like" end product recovered from the centrifuge process after the planned sand/grit and salt removal is unknown (consistency of constituents also unknown) at this time, (4) groundwater monitoring wells are stated as a rationale on page 16 of the D&O Plan for not installing a low permeability work pad, (5) liner and leak detection are not specifically included in the D&O Plan for all below ground structures, specifically, concrete pit storage for "grocery discards, organic wastes, and any other solid feedstock...with volume to accommodate up to 3 days supply" (page 18 (C) 2.(a)1. of D&O Plan), the concentrated food, oil and grease (FOG) that "will be emptied into covered concrete pits...back dump material from trucks into a below grade concrete vault" (page 19 (C) 2.(a)2. of D&O Plan), and the below grade hopper/pit equipped with washdown water for unsorted food waste (page 20 (C) 2.(a)3. of D&O Plan), (6) lining is appropriate for avoiding groundwater discharge permitting requirements but not groundwater monitoring, and (6) the volumes and types of material stored, transferred and processed at the facility are consistent with Class I composting facilities, which have typically included the requirement to conduct groundwater monitoring. Low Permeability Work Pad Waiver: The Department is not supportive of a waiver at this time due to the following: (1) site soils are characterized as well drained to excessively drained and runoff potential is considered low, therefore, the soils are porous (page 14 part d of D&O), (2) constituents of the "compost like" end product recovered from the centrifuge process after the planned sand/grit and salt removal is unknown (consistency of constituents also unknown) at this time, (3) a groundwater monitoring waiver is being requested based on lining and leak detection of underground structures, and (4) no subsurface barrier has been proven to exist beneath the site to prevent leachate from entering shallow groundwater. Financial Assurance: The plan calls for the digesters to be cleaned and left in place and seems to be focused on a temporary suspension of activities instead of closure. The digester structures may capture precipitation and present nuisance issues from standing water and water rights issues by interfering with surface flow, groundwater flow, and recharge. The following question needs to be satisfied: Can the digesters be left in place upon closure (similar to a building)? If so, in what condition (soil covered, covered, soil filled and capped, concrete fractured, concrete removed, etc.)? Basically, what does "closed" look like for this facility? The plan also calls for raw materials to continue to be processed and the digesters to continue to operate. There is a cost associated with doing this and according to page 21 of the D&O Plan; the reactors (digesters) have a 24 day residence time. Continuing to operate and process raw materials on -site and in process at the time of closure is inconsistent with the 3rd party closure requirements of financial assurance, due to the fact that the Department (CDPHE) would have to step in and actually run or pay someone to run this waste to energy facility and the closure cost estimates do not include these operational costs. Without accurate operational cost information, at this time, it would be more appropriate to dispose of all raw materials and in process material as solid waste upon closure and use an estimated cost of this for financial assurance. Some of these issues identified above will likely be addressed by the APEN/Construction Permit Application materials and Development Standards of the USR & CD, in addition to any necessary revisions to the Design & Operations Plan. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 304-6411 (fax) II 1011/"It/MS b9tcrl Z/MS i i puepaealj Su!pinaa2l sluawwo7 s,luawuoal.su3 pue topsail allgnd Jo luawjedaa .C1unoj PPM :a21 IIeIC-a - (0$(1) ueld suolleaad0 rg uaisau nollear1ddy - uollewaojul ssa)oad 1lwaad - alsej1 PIPS 600UUI I CM 38H/011 `a6sau3 a,geMauaa pueipeaN Hello