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Home My WebLink About20163910.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. D. E. F. G. H. I . J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Applicant PowerPoint Presentation Weld County Citizens for Clean Air PowerPoint Presentation 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 Email of Rebuttal of Applicant letter, 12/15/2016 AZ. Health Dept. Staff BA. Holland and Hart City of Fort Collins EH BB. Dept. BC. James Welch BD. Planning Services staff 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 BE. Planning Services staff PowerPoint Presentation, 12/16/2016 BF. Ken and Kathy Hoyland Email re: CO Public Radio Interview, 12/18/2016 BG. Debra Morris Amy Randall, CO Assoc. BH. for Recycling BI. Dave Kisker BJ. Heartland Biogas Heartland Biogas - EDF PowerPoint Presentation, 12/19/2016 BK. Renewable Energy (including flash drive with digital copy) Bill Garcia - Goan, Payton PowerPoint Presentation, 12/19/2016 BL. & Payne, LLC (including flash drive with digital copy) George lwaszek - Trinity BM. Consultants 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) Shari Beth Libicki - BN. Ramboll Environ Tom Haren - PowerPoint Presentation, 12/19/2016 BO. AGPROfessionals (including flash drive with digital copy) BP. BQ. BR. BS. BT. BU. BV. BW. Esther Gesick From: Sent: To: Cc: Subject: Julie Cozad Monday, December 19, 2016 8:05 AM Esther Gesick; Tom Parko Jr.; Trevor Jiricek Chris Gathman; Phillip Brewer; Ben Frissell; Kathy Hoyland FW: Colorado Public Radio Interview Please make this communication a part of the public record. 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 jcozad cnr weldgov.com EXHIBff TeSego- 414S• 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, December 18, 2016 9:46 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> Subject: Colorado Public Radio Interview Good evening Commissioners, Grace Hood did an interview with neighbors, Jason Thomas and also Patrick Serfass, executive director of the American Biogas Council. This will air tomorrow on Colorado Public Radio at 6:45 am station CPR 90.1 FM. I found Patrick Serfass comment and view point very interesting: 2016-3910 American Biogas Council executive director Patrick Serfass said more than 2,000 biogas plants operate across the United States. "For a well -operating system, outside of the plant gates you should be able to smell virtually nothing," he said. This goes in line with what we have been told by a professor at CSU that we have been in contact with regarding air quality testing to see what is being released in the air from that plant. She said: As I stated in my last e-mail, anaerobic digesters are typically well sealed and contain odor. I am not sure what is going on at this particular project that is causing odors. However, my guess is that the problem could be resolved and I would think that Heartland would want to resolve such an issue. Whether systems are located below or above ground, they can and should be well sealed to contain produced gases. Yet in this interview Grace Hood asked Jason Thomas: I asked Thomas if the plant will ever be completely void of odor. "We anticipate there will always be odors that come from a facility such as this," he said Even the Plant manager does not think this odor will ever be completely gone, which is what he has told us in multiple Heartland Community meetings; yet experts say there should be virtually no odor if no odor at all if done correctly. We had odor again this afternoon, very strong and came into our home with all windows closed. Sincerely, Ken and Kathy Hoyland 18612 County Road 49 La Salle, CO 970-284-7998 2 Esther Gesick From: Sent: To: Cc: Subject: Julie Cozad Monday, December 19, 2016 8:06 AM Tom Parko Jr.; Trevor Jiricek; Esther Gesick Commissioners; Chris Gathman; Phillip Brewer; Ben Frissell; debra.foster.morris@gmail.com FW: Biogas Plant 24505 CR 44 La Salle CO Please make this communication a part of the public record. 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 jcozadna 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: Debra morris [mailto:debra.foster.morris@gmail.com] Sent: Saturday, December 17, 2016 4:57 PM 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>; Phillip Brewer <pbrewer@co.weld.co.us> Subject: Biogas Plant 24505 CR 44 La Salle CO We are smelling the biogas plant today. I'm having a get together in the morning at my house. I'm not canceling hoping that there will be no smell tomorrow. Deb Morris 1 Esther Gesick From: Julie Cozad Sent: Monday, December 19, 2016 8:10 AM To: Esther Gesick; Tom Parko Jr.; Trevor Jiricek Cc: Commissioners; Chris Gathman; Ben Frissell; Phillip Brewer Subject: FW: Heartland BioGas Letter of Support Attachments: CAFR_Letter ofSupport_HeartlandBiogas.pdf Please add this communication to the record for today's hearing. 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 icozad 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: Colorado Association for Recycling [mailto:info@cafr.org] Sent: Friday, December 16, 2016 3:14 PM To: Mike Freeman <mfreeman@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us> Subject: Heartland BioGas Letter of Support Dear Weld County Commissioners, Attached please find a letter from the Colorado Association for Recycling in support of the Heartland BioGas facility. If you have any questions or would like more information, please contact Juri Freeman, CAFR President, at 303-827-6586 or jfreeman(c�,r�recycle.com. Amy 1 Amy Randell Interim Executive Director Colorado Association for Recycling Phone: 970-372-5615 (office) Email: amv(cafr.org Web: www.cafr.org Connect: Facebook, Twitter, LinkedIn 2 o\'Poo assoot•0 ko'S' RECYC\-' Colorado Association for Recycling 1536 Wynkoop St, Suite 221 Denver CO 80202 December 15, 2016 Weld County Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80632 Dear Weld County Commissioners, On behalf of our nearly 300 members, the Colorado Association for Recycling (CAFR) Board of Directors would like to offer this letter of support for the Heartland Biogas Facility. CAFR is the state's leading independent, non-profit organization actively working to promote and encourage recycling through programs that educate the public, local governments, businesses, and Colorado's elected officials. The Heartland Biogas Facility is a major infrastructure asset for the State of Colorado and plays a significant role in our state and Weld and Larimer County's aim to become environmentally and economically sustainable. Not only does the facility help keep material out of our state's landfills, it also produces renewable energy that helps our country increase our energy independence, supports local jobs, and provides valuable tax revenues for the county and the state. In fact, a 2015 CDPHE report found that Colorado's waste diversion industry sustains more than 85,000 jobs and the state and local tax revenues generated from waste diversion activities amount to nearly $1.3 billion per year. The Heartland Biogas Facility is an important and growing contributor to this total. We want to thank you for your continued support of waste diversion activities in Weld County and encourage the County and Heartland to complete the process of construction and implementation of improvements to address odor issues. Sincerely, Juri Freeman, President Colorado Association for Recycling Esther Gesick From: Sent: To: Cc: Subject: Julie Cozad Monday, December 19, 2016 8:13 AM Esther Gesick; Tom Parko Jr.; Trevor Jiricek Commissioners; Chris Gathman; Ben Frissell; Phillip Brewer; Dave Kisker FW: Heartland Biogas Show Cause Hearing PCSC16 -0004, Please make this communication a part of the public record for today's hearing. 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: Dave Kisker [mailto:dave.kisker@gmail.com] Sent: Friday, December 16, 2016 11:31 AM To: Mike Freeman <mfreeman@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>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us> Subject: Re: Heartland Biogas Show Cause Hearing PCSC16 -0004, Commissioners: I'm writing in regards to the Heartlant Biogas Show Cause process. I have attended the last two hearings and expect to be present during the discussion on 12/19/16. I hope that you will find my observations to be useful, although I assume that each of you has been thinking in the same general terms. At the last hearing, it became clear that the BOCC has a dilemma in this case. Each of you indicated that you had visited the site and in fact, found the odor to be nauseating, just as the nearby residents had said. One of you also observed that this was the case, independent of whether or not the odor level was high enough and sustained enough to consist of an actual violation under the 7:1 dilution standard implemented by CDPHE. 1 This insight is critical because, whether the speaker intended it or not, it acknowledges that the 7:1 standard is not appropriate for all types of odors. That's why the State of Colorado has designated different levels for odors such as those associated with swine farms and marijuana grow operations. Your personal experiences with this odor suggest that it too should be more tightly restricted than current rules imply. This fact also explains the reason why there have been over 600 complaints but only a single "violation" was documented. Clearly something is very wrong!! At the same time, at the last hearing it was obvious that there is a tremendous reluctance to respond to the neighbors and actually shut down the Heartland Biogas operation, despite the fact that there has been a documented violation. So, that leaves the BOCC with a difficult situation: 1. If you dismiss this violation and simply give Heartland more of an opportunity to "Clean up their act", you may never again have an opportunity to protect the health, safety and welfare of the residents of the County as you are required to do. They can simply make modest improvements, sufficient to avoid further violations, but completely insufficient to restore the nearby residents' quiet enjoyment of their property. 2. On the other hand, if you keep the case open so that you retain the possibility of using the documented complaint to eventually terminate Heartland's USR, then you may have to wait as much as another year, which, of course, would have a devastating impact on the neighbors, given the suffering they have already experienced. So, the Board's dilemma is severe. You could keep the Show Cause process alive for an extended period until you are confident that Heartland will not only avoid further violations, but will, in fact, fix the problem so that the neighbors don't have to continue to suffer. Or, you can shut them down now and be done with it once and for all. But, recognizing that the preference of the BOCC is almost certainly to allow Heartland to carry on its work, I would like to suggest the following alternative solution. I suggest that you give Heartland a choice. Either their operation is immediately suspended/terminated, or, they accept a voluntary restriction (to be implemented as an additional Operation Standard) on the allowed odor level of 2:1 as measured by the nasal ranger, and in return, they would be given an additional 6 months to comply with not only this restriction but all of the other design and operation standards as well. (Note that my proposed 2:1 level is based on the fact that the background odor levels in this area are generally in the 2:1 range, meaning that in this case, the additional contribution from Heartland would be negligible.) By implementing this tighter odor standard, the Board would then be able to close the current case, and put the burden on Heartland to be a good neighbor by actually solving the problem instead of repeating their claim that they are "working on it:. If they refuse this voluntary restriction, then it would clearly demonstrate their lack of commitment to eliminate the odor problem that is impacting their neighbors and has been acknowledged by the BOCC. In that case, then the ONLY immediate solution would be to immediately terminate their USR based on the existing, documented violation of the odor standards. Thanks for you thoughtful consideration of this issue. Dave Kisker, Ph.D. Glai ApA lid Joims`tvum.1 Ga 8as3y 2 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO HEARING BRIEF - HEARTLAND BIOGAS, LLC IN THE MATTER OF SHOW CAUSE HEARING, PCSC 16-0004 TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF A MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN, MUSR14-0030, AND USE BY SPECIAL REVIEW PERMIT USR-1704 I. INTRODUCTION Heartland Biogas, LLC ("Heartland") submits this Hearing Brief in support of its position that no good cause exists for revoking or suspending the Use by Special Review Permit USR- 1704 and the Minor Amendment to Site Specific Development Plan MUSR14-0030 (collectively "Use by Special Review Permit") for Heartland's Biogas Facility located at 19179 Weld County Road 49, LaSalle. Colorado ("Facility"). The Heartland Facility is an important contributor to Weld County, directly employing approximately 39 full-time equivalent positions, and contracting with approximately 10 full-time service provides, mostly in the trucking industry, 4 full-time consultants and 4 half-time contract positions. Heartland pays an estimated $310,000 annually in taxes and use fees to Weld County, and provides area farmers and other businesses in the food processing industry a lower cost option for disposal of waste. Heartland is committed to running the Facility in compliance with State and County environmental and land use planning requirements as evidenced by the approximately $3 million dollars budgeted for odor controls and mitigation measures to address community complaints and a single documented odor violation occurring nearly 8 months ago. These efforts have already produced substantial improvements, with significant additional improvements coming over the next several months as Heartland completes and implements the bulk of the control measures established pursuant to a consent agreement with the Colorado Air Pollution Control Division. Despite these efforts and the resulting odor reductions, over the past month the Facility has been subjected to no fewer than 7 separate compliance inspections, which appear to be aimed at justifying the extraordinary decision to revoke or suspend the Facility's Use by Special Review Permit. While Heartland does not ask to be excused from complying with environmental and land use requirements, regardless of how technical such requirements may be, it does ask that it be treated fairly and in accordance with the usual enforcement practices employed by the County and the State. Under these practices, and based on the facts and law detailed below, revocation or suspension of the Use by Special Review Permit is not justified. II. HEARTLAND HAS NOT COMMITTED VIOLATIONS THAT WARRANT REVOCATION OR SUSPENSION OF ITS USE BY SPECIAL REVIEW PERMIT This matter was commenced to consider the Heartland Facility's alleged violation of the State of Colorado's odor standards based on odor readings by a Weld County inspector on April 27, 2016. See Exhibits 1 and 2. Since that time, these proceedings have morphed into a wide- ranging inquiry about Heartland's compliance status with respect to numerous, highly technical state environmental requirements, the Weld County Code, and the development standards set forth in the Use by Special Review Permit (USR-1704) and the Amended Use by Special Review Permit (MUSR14-0030). The latest Public Hearing Notice in this matter identifies a number of additional alleged violations at the facility. See Exhibit 3. Additionally, the Facility has been inspected numerous times by state and Weld County inspectors since the initial Probable Cause Hearing. Based on communications from these inspectors Heartland understands that there could be additional allegations of violations of the requirements applicable to the facility that have not been included in the Public Notices for this matter.' As discussed below, many of these alleged violations are based on a misreading of the applicable law or are not factually supported by the record. The Board may therefore not rely on them to reach its decision without abusing its discretion. Hellas Construction, Incorporated v. Rio Blanco County, 192 P.3d 501,506-7 (Colo. App. 2008) ("An agency abuses its discretion when its decision is not reasonably supported by any competent evidence in the record."); Widder v. Durango School District No. 9 R, 85, P.3d 518, 526-27 (Colo. 2004) (holding a governmental body may abuse its discretion if it misinterprets or misapplies the law). In other instances the alleged problems have either been addressed, are in the process of being resolved, and/or are de minimas deviations from the multitude of technical requirements applicable to the Facility, and therefore should not form the basis for a drastic and financially devastating decision to revoke or suspend the Facility's Use by Special Review Permit. A. Odor Issues Colorado's odor requirements are established under Colorado Air Quality Control Commission Regulation No. 2, Part A (5 CCR 1001-4) ("AQCC Regulation No. 2, Part A"). This regulation does not establish a "no odor" standard. Rather, it allows a facility to emit odors so long as those odors cannot be detected outside the property line at certain specified dilution levels. AQCC Regulation No. 2, Part A, § I. The applicable dilution standard is based on the location of the odor. In areas that are "used predominately for residential or commercial purposes" it is a violation only if the odor can be detected after it has been diluted with 7 or more volumes of odor free air. AQCC Regulation No. 2, Part A, § I.A. For "all other land use areas" detection must occur after the odorous air has been diluted with a volume of 15 or more volumes of odor free air for a violation to occur. AQCC Regulation No. 2, Part A, § I.B. To the extent that an alleged violation has not yet been Noticed it cannot form the basis for a determination that USR-1703 and MUSR14-0030 should be suspended or revoked. See Douglas County Board of Commissioners v. Public Utilities Commission, 829 P.2d 1303 (Colo. 1992). Nevertheless, in an effort to thoroughly address the Board of County Commissioner's potential concerns with the Facility, this brief provides Heartland's initial response to potential allegations of violation that may subsequently be raised. 2IPage In addition to allowing odors up to a certain dilution threshold, Regulation No. 2 provides that for a violation to occur there must be at least 2 odor readings in excess of the applicable threshold, and that the readings must occur within 1 hour and be separated by at least 15 minutes. AQCC Regulation No. 2, Part A, § II. These provisions are in place to ensure that facilities do not face penalties for occasional or intermittent odors. Similarly, the Colorado Legislature has determined that facilities should only face penalties when there have been repeat violations of the odor standards. See 25-7-122(1)(b), C.R.S. (providing that penalties shall only be assessed after a compliance order prohibiting violations of the odor standards has been issued and subsequently violated). This action was commenced based on odor readings by a Weld County Depariinent of Public Health and Environment inspector at the Southern property line of the Facility on April 27, 2016, that showed an exceedance of the 7:1 dilution standard.2 In parallel to this proceeding, the Colorado Department of Public Health and Environment, Air Pollution Control Division ("APCD") —the agency charged with enforcing Colorado's air quality laws, including AQCC Regulation No. 2 —issued a Compliance Advisory to Heartland on June 30, 2016, alleging a violation of Regulation No. 2, Part A based on the April 27, 2016, odor readings. After a series of meetings, APCD and Heartland, entered into a Compliance Order on Consent ("COC") to resolve the alleged April 27, 2016 odor violation. A copy of the COC is attached as Exhibit 4. The COC requires Heartland to install odor capture and control systems on the significant odor sources at the facility by a series of identified dates between December 31, 2016 and June 30, 2017. COC ¶¶ 15-17 While the expectation of the COC is that the identified controls will ensure compliance, the COC further provides that upon completion of the installation of the identified capture and control systems, Heartland must conduct a further evaluation of odors at the facility and install additional controls as necessary to ensure continuous compliance with State odor standards. COC ¶ 18. To gauge progress on installation of the identified controls, Heartland must submit monthly status reports to APCD. A copy of the first status report is attached as Exhibit 5. Recognizing that installation of the required odor capture and control systems will take several months, the COC also provides that so long as Heartland meets the identified deadlines, and undertakes additional interim measures to reduce odors, the COC resolves any violations of the 7:1 standard through June 30, 2017 or when the odor capture and control systems are installed, whichever occurs first. COC ¶ 19. To date, Heartland is fully in compliance with the terms of the COC. The installation of the expansion on the existing DPS fabric building, scheduled for December 31, 2016, is complete, and the required interim measures have been enacted. A copy of the Building Permit acknowledging completion of the construction is attached as Exhibit 6. Additionally, in an effort to further reduce odors at the facility Heartland has installed temporary controls at the dosing and substrate tanks that go beyond the requirements of the COC. Based on reports from County 2 It is not entirely clear whether the 7:1 dilution standard should be applicable to the readings taken on April 27. Regulation No. 2 provides that the 7:1 standard is only applicable to areas that are primarily residential or commercial. The area where the readings were taken on April 27 is zoned agricultural and is surrounded by vacant land and oil and gas operations, with the nearest residence being approximately 1/4 to 1/2 mile away. At no point does it appear that there has ever been a formal determination that the area in question is primarily residential or commercial. This is significant insofar as there are no odor readings showing an exceedance of the 15:1 standard applicable to all other areas. 3 Page and State inspectors, as well as the observations of Heartland staff and 3rd party contractors, odors from the facility are significantly reduced. Importantly, since the odor readings on April 27, 2016, there has not been a single measured violation of the 7:1 standard. In fact during the period from November 2015 through November 10, 2016, State and County inspectors have conducted over 50 odor readings, and have found no other violations. Additionally, Heartland has hired a 3rd party contractor who has conducted approximately 800 odor readings from August 30, 2016, through December 16, 2016,without a single violation of the 7:1 standard. This intense level of scrutiny of a facility's odor compliance status is unprecedented in Colorado, and the lack of a single violation of the applicable odor standards since April 2016, demonstrates that there are not ongoing odor violations at the facility that might warrant revocation or suspension of the USR and the resulting stranded investment of approximately 115 million dollars. Heartland acknowledges that there have continued to be complaints about odors from the Facility. However, because Colorado's odor regulations do not require that facilities be odor free, the mere allegation that odors have been detected from the Facility does not form a sufficient factual basis for a determination that the Facility is violating Colorado's odor standards.3 Moreover, based on an extensive analysis of the complaints and prevailing wind patterns at the time of these complaints, it appears that some of the odors attributed to Heartland are in fact coming from other sources. See Exhibit 8. Perhaps recognizing that there are not ongoing odors from the Facility that exceed the most stringent standard set forth in AQCC Regulation No. 2, the Notice as well as several complainants have suggested that Heartland may nevertheless constitute a nuisance in contravention of the solid waste regulations and the Engineering, Design and Operations Plan ("EDOP") for the Facility. Under the circumstances, this suggestion fails as a matter of law. Under Colorado law, the mere fact that there are odors that are transported off -site does not create a nuisance. Rather those odors must, among other things, result in an unreasonable and substantial interference with the use and enjoyment of property. Public Serv. Co. of Colorado v. Van Wyk, 27 P.3d 377, 391 (Colo. 2001). The question of reasonableness in turn is based on a balancing of the utility of the action causing the harm and the gravity of the impact. Id. Ordinarily that balance presents a question of fact. Id. In cases where an agency establishes a quantitative level for an allowed impact, however, that quantitative level sets the standard for what is reasonable. Id. at 393 ( allowing a claim for a noise nuisance to move forward because the Public Utilities Commission had not set a numeric noise limit, but stating that had the PUC quantified the allowable noise level, that level would set the standard for what was reasonable or not). In this case, both the Air Quality Control Commission and Weld County have established a numeric odor threshold which Heartland is required to comply with, accordingly odors which do not exceed that threshold cannot be considered a nuisance, and therefore cannot form the basis for revocation of the Use by Special Review Permit. 3 As part of its efforts to analyze the Facility's compliance with the applicable odor standards, Heartland purchased and provided odor detection equipment to two of the neighbors who have complained about odors from the facility. Neither of these neighbors have reported actual odor violations from the facility and have since returned the equipment to Heartland. See Exhibit 7. 4IPage In addition to the nuisance claims, the Notice for the upcoming hearing states that the Facility may be violating various provisions of its Engineering Design and Operations Plan ("EDOP") including the Odor Management Plan in connection with its handling of incoming waste streams. A copy of the current EDOP and Odor Management Plan is attached as Exhibit 9. Specifically there are allegations that the Facility has not been offloading materials in an enclosed building, that pits were not covered, and that waste streams were not being off-loaded via a hose. Heartland acknowledges that the EDOP needs to be cleaned up to reflect current practices, but notes that in 2014 it received direction from the State to save EDOP changes until after construction of the Facility is completed. See discussion in Section II.F. below. Additionally, while some of the deviations noted do reflect inconsistencies between the current EDOP provisions and actual practice, others reflect practices that were officially approved through other subsequent mechanisms, and still others reflect a misreading of the intent of the EDOP language. For example, the EDOP reflects that there will be a shelter over the substrate unloading and dewater solids storage, but this concept was removed in the 2014 DPS plan and approved plat for the facility. Likewise Appendix X of the EDOP states that all incoming waste streams will be stored in an enclosed/covered area, while manure is stored in an open pit. The subsequent plat, however, shows open manure pits, which is consistent with manure storage at facilities throughout Weld County. Heartland acknowledges that there is language in the EDOP that states manure will be unloaded via a hose, but other language in the EDOP is inconsistent with this. In any event, unloading through a hose does nothing to mitigate odors, and therefore this is a mere technicality and not a substantive violation. Heartland also acknowledges that there is language in the 2014 DPS indicating that materials would be stored indoors. Generally this is the practice, but at times materials are off-loaded outside, and then put into the building as feasible. Pursuant to the COC with the State all offloading and storage will be inside, unless the material is in sealed leak free containers. The EDOP will ultimately be revised to reflect this actual practice. The Notice also suggests that Heartland is violating its current Odor Management Plan by storing waste materials outside. The Odor Management Plan does not prohibit Heartland from unloading or processing material outside. Heartland's practice is, when material is unloaded outside, to quickly process that material and send it to the covered tanks. This meets the intent of the Odor Management Plan and is not a violation. Heartland notes that the COC with the State does include requirements for inside unloading of certain materials associated with the digester processing system. However, these requirements will be phased in starting on December 31, 2016, and therefore do not form a basis for claiming that the outside unloading of materials constitutes a violation. Finally, the Notice claims that Heartland is violating the Odor Management Plan by not removing or limiting materials. However, the Odor Management Plan does not require such removal or limiting of materials, but rather only requires the evaluation of stored materials and states that based on such evaluation Heartland "may" limit or remove such materials. Moreover, such a review is only required when "off -site odors are detected above acceptable levels." As discussed above, since the odor reading on April 27, 2016, there have been no readings above the acceptable limits as established by the Air Quality Control Commission and Weld County, and therefore there has been no basis for requiring an evaluation or for the removal a material as appropriate pursuant to the terms of the Odor Management Plan. 5rPage Importantly, none of the alleged deviations with the EDOP or Odor Management Plan reflect underlying State or County regulatory requirements. Rather, in the cases where actual practices deviate from the strict letter of the plans, the actual practices are permissible options, and the only compliance issue is associated with the fact that the EDOP and the Odor Management Plan are awaiting revision pending completion of the construction, as per instructions from the State. Significantly, the odors from the Facility do not present any threat to human health or the environment. The health concern associated with this process is the formation of hydrogen sulfide ("H2S"). As part of its monitoring following the initial Probable Cause Hearing, Heartland has had a contractor collect ambient H2S and has provided that data to a toxicologist for review. As reflected in Exhibit 10, the ambient H2S levels around the facility are well within typical ambient levels, and are not associated with toxicity in humans. In light of the applicable law and relevant facts, revoking or suspending Heartland's Use by Special Review Permit based on odor issues would be an abuse of discretion. There has been only a single recorded violation of the 7:1 standard, and since that time there have been over 800 odor readings showing the facility is in compliance with the 7:1 standard. Heartland has entered into an enforceable agreement with APCD to address odor issues, that will entail the investment of approximately 3 million of dollars in odor capture and control systems. Heartland is currently on track to install these systems on or before the deadlines established in the COC, and in fact has installed additional temporary systems to reduce odors beyond what is required under the COC. As a result of the measures taken to date, odors from the Facility have been greatly reduced, and further improvements will occur once the additional measures required under the COC are installed and operational. In short, a plan has developed to address odors by the Facility and the agency charged with enforcing Colorado's odor requirements, and the plan is working. Under these circumstances, revocation or suspension of the permit and the severe economic consequences of such a decision to Heartland is not justified. B. Other Air Quality Issues The Notice for the December 19, 2016 Hearing contains allegations that the Facility may be violating air quality standards related to visible emissions from stacks and/or from other building openings, as well as requirements applicable to fugitive dust. Additionally, the Notice suggests that Heartland may be in violation of its current Air Permit No. 12WE3172, Issuance 2 and specifically with the requirement to comply with its Operation and Maintenance Plan. A copy of the applicable permit is attached hereto as Exhibit 11. Based on the applicable legal requirements and the evidence presented in the record, there is no basis for a finding that the Facility is in violation of these standards. Ross v. Fire & Police Pension Ass 'n, 713 P.2d 1304, 1308-09 (Colo. 1986) ("[T]he ultimate decision of the administrative body is so devoid of evidentiary support that it can only be explained as an arbitrary and capricious exercise of authority."). Under the air quality permit for the Facility, as well as Air Quality Control Commission Regulation No. I, § II.A., emissions from the Facility shall not exceed 20% opacity as measured by EPA Method 9. EPA Method 9 establishes a detailed set of requirements for reading the Wage opacity of emissions, which includes a requirement to take 24 opacity measurements over a 6 minute period, and determine the opacity based on an average of the 24 readings. There is no evidence in this matter that a Method 9 reading was ever taken, or that there was opacity from the facility that exceeded 20% averaged over a 6 minute period. Rather the sole evidence presented is two photographs of emissions and testimony that emissions from the facility were observed. Accordingly, there is no basis for a claim that the 20% opacity standard was violated. Likewise, the evidence presented does not support a claim for a violation of the visible emissions standards for building openings. The photographs presented during the November 14, 2016 Hearing show emissions from the flare at the facility and therefore the visible emissions standard for building openings at the Facility does not apply. Moreover, even if there were emissions from a building opening, such emissions are a violation only if they are measured under EPA Method 22. With respect to the allegations set forth in the Notice, no Method 22 reading was conducted, and there is no evidence that a violation of the visible emission standard under Method 22 occurred. Nor do the photographs of fugitive dust give rise to a claim for violation. Under AQCC Regulation No. 1, the Facility's air permit, and the applicable development standard the presence of fugitive dust is not a violation. Rather, the Facility is only required to comply with its fugitive dust control plan. There is no evidence in this case that the Facility failed to follow its fugitive dust control plan, and therefore there is no factual basis for a finding that Heartland violated the applicable fugitive dust requirements. The allegations regarding the Operations and Maintenance Plan under the air permit are entirely unclear. The requirements applicable to the Operations and Maintenance Plan are set forth in Condition 16 of the air permit. To the best of its knowledge, Heartland is complying with the provisions of Condition 16, and no evidence has been submitted that suggests Heartland has violated the terms of this condition. While not included in any Notice,4 Heartland understands that the Weld County Department of Public Health and Environment believes that Heartland should submit an Air Pollution Emission Notice ("APEN") for the digester processing system ("DPS"). Based on its own analysis and discussions with the permit engineer at APCD who is handling Heartland's air permit, an APEN does not appear to be required for the DPS. However, Heartland has nevertheless submitted an APEN for the DPS to APCD on December 18, 2016. A copy of this submittal is attached as Exhibit 12. C. Certificate of Designation Weld County has alleged that Heartland may be in violation of the requirements of C.R.S. 30-20-101 et. seq and Colorado Code of Regulations 1007-2:1 et seq for operating the Facility without a valid Certificate of Designation. Heartland believes that they have been operating the Facility under a valid Certificate of Designation, and that even if there is not a 4 Because this alleged violation was not noticed it should not form the basis for any determination regarding whether to revoke or suspend Heartland's Use by Special review Permit. See Douglas County Board of Commissioners v. Public Utilities Commission, 829 P.2d 1303 (Colo. 1992). 7 Page currently valid Certificate of Designation, based on the factual circumstances presented, such a violation does not warrant the revocation or suspension of the Use by Special Review Permit. The background for this alleged violation is somewhat complex. On or about April 21, 2009, Heartland Renewable Energy, LLC submitted an application for a Certificate of Designation for the then proposed Facility to Weld County, with a copy to the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division ("CDPHE"). After a full review of the application, CDPHE recommended that the Board of County Commissioners approve the Certificate of Designation with certain conditions. On August 9, 2010, the Board of County Commissioners issued a Resolution approving the Certificate of Designation. See Exhibit 13. Subsequent to the initial approval of the Certificate of Designation, the Board of County Commissioners issued a Resolution approving a request to modify the original Certificate of Designation to reflect significant changes in the proposed site layout. See Exhibit 14. The specifics associated with these changes are reflected in the EDOP developed in connection with the Certificate of Designation and CDPHE ongoing review process. Shortly after approval of the request to modify, Heartland Renewable Energy, LLC transferred ownership of the Facility to Heartland Bioga.s, LLC. Heartland Biogas, LLC provided notice to Weld County of the transfer of ownership of the Facility, and expressed its understanding that the notice would be provided to the Board of County Commissioners to reflect the transfer of ownership for the purpose of the Certificate of Designation. See Exhibit 15. In early November 2013, Heartland Biogas, LLC, submitted a Change Request to CDPHE, to update the EDOP to reflect, among other changes, the change in the owner/operator of the facility to Heartland Biogas, LLC. CDPHE approved this change request on December 4, 2013. See Exhibit 16. On or about that same day, Heartland Biogas, LLC provided Weld County with a copy of the approved change request. See Exhibit 17. Since that time Heartland Biogas, LLC worked diligently with Weld County and CDPHE in completing the myriad of planning and permitting activities associated with the construction of the Facility. Throughout this process it was understood that Heartland Biogas, LLC was the owner/operator of the Facility, including for the purposes of the Certificate of Designation and the financial assurances for the Facility. See e.g. Exhibits 18-24. This includes an action by the Board of County Commissioners of Weld County approving the Improvements Agreement for a solid waste disposal site, which specifically acknowledges Heartland Biogas, LLC as the successor to Heartland Renewable Energy, LLC. See Exhibit 18. Notwithstanding the fact that Weld County and CDPHE have acknowledged Heartland Biogas, LLC as the owner/operator of the Facility since late 2013, the State Attorney General's Office has recently raised concerns about Heartland Biogas, LLC's status as the owner operator of the Facility for the purposes of the Certificate of Designation. These concerns are based on certain language set forth City & County of Denver Eggert, 647 P.2d 216, 225-226 (Colo. 1982) which states that the statute "implies" that a new operator of a Facility must obtain a new Certificate of Designation so that the County can consider whether the new operator has the ability to comply with the applicable environmental requirements. However, the Court in that case found that there was a valid Certificate of Designation on other grounds and therefore never really examined what the statute meant on this point, or under what circumstances it might actually be found that a valid Certificate of Designation does not exist. Further, while the cited 8]Page case indicates that the County must have the opportunity to consider whether the new owner or operator has the wherewithal to comply with the applicable requirements, it does not explain what that opportunity must look like. In this case the County had ample opportunity to conduct such an inquiry through the myriad of planning activities and technical evaluations that occurred subsequent to Heartland Biogas' purchase of the Facility. Indeed, shortly after the transfer of ownership, the Board specifically acknowledged Heartland Biogas as the owner of the Facility, and accepted certain financial guarantees from Heartland Biogas. See Exhibit 18. Accordingly, contrary to the suggestion in the letter from the State, Weld County was not thwarted in its ability to consider the required statutory factors. Under these circumstances, it should be determined that Heartland Biogas does in fact have a valid Certificate of Designation. Even if it could be concluded that under the facts of the case Heartland Biogas does not currently have a valid Certificate of Designation, Weld County should be precluded from relying on such a violation under the principle of equitable estoppel. Equitable estoppel is applicable in instances such as here where a party has expended substantial sums in reliance on a government body's actions. See Franks v. City of Aurora, 147 Colo. 25, 32, 362 P.2d 561, 564 (1961) (party "[u]nquestionably" relied on government actions when he spent money installing infrastructure on his property); City & Cty. of Denver v. Stackhouse, 135 Colo. 289, 294, 310 P.2d 296, 298 (1957) (government was estopped from contesting the validity of a building permit when party made "substantial expenditures" in reliance). Here, Weld County specifically approved the plat allowing construction of the Facility to move forward knowing full well that the Facility would be used as a solid waste site and that Heartland Biogas would be the owner. See Exhibit 19. In reliance on this Heartland spent approximately 115 million dollars building the Facility. Under these circumstances Weld County should be estopped from revoking the Use by Special Review Permit based on allegations that Heartland failed to get the appropriate approval as the new owner of the Facility for the purposes of the Certificate of Designation. Such an action would be manifestly unjust, and would effectively strand the approximately 115 million dollars that Heartland invested in building the Facility based on the approved plat and other approvals by the County to move forward on the project. Finally, even if it were determined that the Heartland Biogas has been, in the words of the Attorney General's Office "technically operating" the Facility without a valid Certificate of Designation, such a technical violation should not form the basis for a drastic remedy of revoking or suspending the Use by Special Review Permit. As the Attorney General's Office notes, Heartland Biogas informed both CDPHE and Weld County of the transfer of ownership and were never told that they needed to apply for a new CD. In fact, CDPHE specifically approved the transfer and Weld County took a number of actions in the planning process approving of Heartland Biogas as the owner. Further, as the AG's Office acknowledges Heartland Biogas took the "other necessary steps that would normally have occurred at the time of the transfer of ownership, such as establishing financial assurances and updating the Engineering Design and Operations Plan ("EDOP"). Finally, Heartland Biogas has diligently moved to correct any such technical violation, submitting and application to Weld County requesting a hearing to formalize Heartland Biogas as the owner/operator of the Facility for the purposes of the Certificate of Designation. A copy of this request is attached as Exhibit 25. Given all of this, revocation or suspension of the Use by Special Review Permit based on such a technical violation is not warranted. 9IPage D. Land Application of Liquid Soil Amendment While not included in any of the Notices for this matter,5 a recent letter from the Weld County Department of Public Health and Environment indicates that it believes Heartland may be improperly disposing of waste through land application of digested solids free liquid and lagoon water. This allegation is without merit. Heartland has been authorized to distribute this Liquid Soil Amendment ("LSA") for land application under license from the Colorado Department of Agriculture since June of 2013. Copies of the original and current Certificate of Registration authorizing such distribution are attached as Exhibits 26 and 27 As with many of the alleged violations that have been raised in this matter, this issue was vetted with the appropriate authorities and a determination was made that the material could be sold as a registered soil amendment under the auspices of the Department of Agriculture's fertilizer program. Specifically, Heartland's predecessor in interest approached the Solid Waste Division in early 2013 regarding potential options for disposing of the digestate liquid that would be generated as part of the Facility's process. The Solid Waste Division identified a number of acceptable alternatives. Two of these options were based on treating the material as compost under the provisions of Section 14 of the Solid Waste Regulations. Under one option, Heartland could obtain a Beneficial Use Determination from the Solid Waste Division to allow land application on a case -by -case basis. Under the other option the Colorado Department of Agriculture would take jurisdiction over the material and register it as a finished product acceptable for land application, provided that it met the requirements for a fertilizer or approved soil amendment. This second option to allow land application was acknowledged in an e-mail from the Solid Waste Division to representatives of the Facility in May of 2013. See Exhibit 28. In June of 2013, the Department of Agriculture issued a Certificate of Registration for the material allowing its use for land application. See Exhibit 26.6 Significantly, the Solid Waste Regulations provide that material that meets the criteria for compost under Table 1 can be distributed for off -site use See 6 CCR 1007-2, Part 1, §14.5.1(A). See also Exhibit 28 (stating that if the digestate meets the standards listed in Table 1 it would no longer be considered solid waste and would be available of unrestricted release). As the comparison below shows, the LSA qualifies as compost, and therefore is not solid waste. 5 Because this potential violations has not been Noticed it cannot presently be the basis for a determination that the Use by Special Review Permit should be revoked or suspended. See Douglas County Board of Commissioners v. Public Utilities Commission, 829 P.2d 1303 (Colo. 1992). 6 While Heartland has been land applying LSA as a soil conditioner under authority from the Department of Agriculture, to address concerns from CDPHE and Weld County, Heartland has also submitted a request for a Beneficial Use Determination from CDPHE. A copy of this request is attached as Exhibit 29. 101 Page CDPHE and CDA Criteria for Unrestricted Distribution Of Compost an soil amendment Heartland Biogas .: Liquid Soil Amendment Maximum constituent concentration for Compost Sold or Distributed for Off -Site Use (dry weight basis)' 8 Data from the North, South, CAL Lagoons fromhilay through August 2016 Constituents Maximum Allowable Level LSA Concentaratiion>. Inorganics (mg/kg) Arsenic 41 Non -detect Cadmium 39 Non -detect Copper 1500 Non -detect Lead 300 3.4 to 4.4 Mercury 17 Non -detect Nickel 420 Non -detect Selenium 100 Non -detect Zinc 2800 Non -detect Biological Fecal Coliform 1000(MPN/g) 0 to 7.9 or Salmonella 3(MPN/4g) 0 to 2.82 In addition to conducting testing demonstrating that LSA qualifies as a compost and therefore is not a solid waste, Heartland tested for a variety of cations, anions, and agronomic nutrients in the Liquid Soil Amendment (LSA) to provide data proving the efficacy of the product as a soil amendment. These data represent samples collected from the North and South Storage Lagoons from August through November 2016 and show that LSA has significant benefits as a soil amendment. Constituent Unit of Measurement Minimum Value Maximum Value Average lbs./1000 gal Ammoniacal Nitrogen (N114) mg/L 1230 2200 1670.71 13.87 Organic mg/L 440 1000 679.29 5.64 Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division, 6 CCR 1007-1, §14.5 ((Sampling of Finished Compost, Table 1); Colorado Department of Agriculture, Inspection and Consumer Services Division, Fertilizers and Soil Conditioners, 8 CCR 1201-4, Part 7, §7.2. Significantly the standards under the Solid Waste Regulations and the Department of Agriculture Regulations are identical. 111Page Nitrogen Total Kjeldahl Nitrogen (TKN) mg/L 1790 3200 2350.00 19.51 Phosphorus mg/kg 94.6 385 183.49 1.52 Potassium mg/kg 1894 2350 2109.21 17.51 Sulfur mg/kg 130 206 160.71 1.33 Iron mg/kg 27.3 83.9 40.63 0.34 Manganese mg/kg 3.6 9 5.67 0.05 Zinc mg/kg 8.6 19.7 12.20 0.10 Copper mg/kg 2.8 5.8 3.83 0.03 Collectively, all of this data confirms not only that LSA should not be treated as a solid waste, but that it has beneficial properties for agriculture and does not pose any risk to human health or the environment. E. Disposal of Waste Grease Heartland is currently registered as a waste grease facility and is receiving, handling and storing waste grease in accordance with the requirements of the Solid Waste Regulations. Heartland acknowledges that there was a brief period of time from late 2015 to early 2016 where it was receiving waste grease prior to obtaining its Waste Grease Certificate of Registration pursuant to 6 CCR 1007-2, Part 1, § 18.4.2. While Heartland acknowledges this now rectified paperwork violation, it notes that there is no allegation that it every improperly handled waste grease, or that its acceptance of waste grease during the period prior to obtaining its Certificate of Registration posed any threat to human health or the environment. Given these facts, this alleged violation does not provide a sufficient basis for revoking or suspending Heartland's Use by Special Review Permit. F. Other Solid Waste Regulations, Engineering Design and Operations Plan and Additional Development Standards Since the last hearing in this matter, the Heartland Facility has been subject to what would appear to be an unprecedented series of inspections to assess the Facility's compliance with the multitude of technical requirements under the state air quality regulations, the state solid waste regulations, Weld County building requirements, the development standards under the USR and MUSR, and the operational requirements established under the EDOP and associated operational plans. At last count the Facility has been inspected no less than 7 times by inspectors from the state Air Pollution Control Division, State Solid Waste Program, Weld County Planning Department, Weld County Public Works Department, and multiple inspections by inspectors from the Weld County Department of Public Health and Environment. Typical of these inspections, a number of potential deviations were identified.9 Based on Heartland's initial review of these allegations it would appear that many of the alleged deficiencies are valid and 9 It does not appear that most of these deviations have been properly noticed in this matter, and thus do not currently provide an appropriate basis for revoking or suspending the Facility's Use by Special Review Permit, or otherwise imposing penalties on Heartland. 12IPage should be corrected. Others appear to be based on a misreading of the applicable requirements, disagreements between the different regulatory authorities over whose rules apply and who has authority to approve changes to operational plans, or incorrect facts, and should not be considered deviations. Nevertheless, Heartland is committed to working with the County and the State to address all of these deviations and in many instances have corrected or are in the process of correcting the problems. A more detailed discussion of each of these inspections and Heartland's response to the identified problems is set forth below. On November 22, 2016, the State of Colorado Solid Waste Program conducted an inspection of the site/field conditions and surface water/leachate controls. During that inspection the inspector found no violation of the minimum standards set forth in the Solid Waste Act, or underlying regulations, including no violations of the nuisance standards or the requirements related to access control/signage / perimeter fencing. A copy of the inspection report is attached as Exhibit 30. This inspection contradicts information provided at the previous hearing indicating that there was nuisance debris, inadequate signage and fencing at the Facility. On November 29, 2016, an inspection was conducted to assess compliance with the solid waste regulations, the EDOP, and the USR. Many of the alleged violations identified in this inspection, have been addressed above, including issues associated with odors under the EDOP, the CD issue, and the waste grease issue. In addition, this inspection noted deficiencies in the actual fencing around the facility and security access to the Facility relative to what is provided for in the EDOP. Heartland acknowledges these inconsistencies, but states that the changes in actual practices were done without an accompanying change to the EDOP pursuant to the state's direction. See Exhibit 31 (indicating that Heartland should make changes to the EDOP once construction was completed). Heartland understands that there is some disagreement between the County and the State as to whether the State could allow this process without specific County approval. Regardless, Heartland should not be punished, especially severe punishment such as permit revocation, when it was acting in good faith in accordance with direction from the State. The November 29th inspection also provided that Heartland did not implement a bio-filter at the substrate tank as provided for in the 2014 DPS addendum and received manure less than 60 days after approval of the construction certification. With respect to the tank bio-filter, Heartland followed the applicable requirements of the DPS EDOP. Under these requirements, if there are off -site odors above the standard Heartland, the need to install a bio-filter on the tank will be evaluated and such controls will be implemented if appropriate. The substrate storage tank at the DPS has not been used to store any substrates except an expired product water and has not generated any noticeable odors. Heartland has conducted an evaluation of the odor sources at the DPS and is planning to install an air handling system and biofilter or equivalent equipment to control odors from the DPS buildings per the provisions of the COC with APCD. The total scope of these engineering controls will also include the substrate storage tank. With respect to manure receipt, Heartland acknowledges that it received manure 38 days after submitting the Construction Certification Report. It notes that CDPHE specifically approved Heartland's request to receive manure and add it to the covered lagoon as part of the microorganism colony development prior to the receipt of any manure. See Exhibit 32. Even if Heartland's action could be considered a violation given explicit approval from CDPHE, it submits that such a minor violation nearly three years ago should not provide the basis for revoking the Facility's permit and stranding over approximately 115 million dollars in invested capital. Finally, the 131Page November 29th inspection indicated that documents have been submitted for review to the State but not to the County in violation of development standard 10. In the case of the groundwater waiver request, Exhibit 33 shows that such report was in fact submitted to the County. With respect to other reports, it is difficult to claim that copies were not in fact sent to Weld County. As reflected in Exhibit 34 there are a number of documented instances where materials were made available to Weld County through My Docs Online but the materials were never downloaded. This is neither surprising nor particularly troubling insofar as the State typically takes the lead in connection with technical evaluations related to the Facility. What is troubling is that given these practices the County is now attempting to punish Heartland based on the alleged non -receipt of materials. Nevertheless, moving forward Heartland is committed to ensuring that the County is copied on all such requests to the State. Finally, the November 29th inspection noted that Heartland has not paid solid waste surcharge fees on certain materials received at the Facility. Much of the material that the Facility receives is agricultural waste and thus is exempt from the surcharge. To the extent there is non-exempt waste, Heartland commits to paying the appropriate surcharge and will work with the County to determine the past due amounts. The Planning Department conducted an inspection on December 9, 2016, and determined that the road sign for the Facility was too large, trash containers were not covered, trailers used for construction were still on site after expiration of the permits for these trailers, and that there are cargo containers on site without current permits. Heartland is in the process of rectifying these deviations. Heartland also notes that these conditions were present during past inspections of the Facility and no deviations were noted. during those past inspections. Finally, on December 13, 2016, an inspection was conducted on the property's site grading. From the limited information available it appears there is a concern about inconsistencies between the drainage plan in the EDOP and the properties of the storage ponds as built. At this point Heartland has not received sufficient information regarding this alleged deficiency to meaningfully respond. To the extent that there are inconsistencies, Heartland will work to correct the EDOP, and notes that this again would be a technical, non -substantive deficiency insofar as there is no evidence to suggest that the ponds as built are inadequate to achieve their purpose. III. REVOCATION OR SUSPENSION OF THE USE BY SPECIAL REVIEW PERMIT IS NOT WARRANTED BASED ON THE FACTORS SET FORTH IN THE WELD COUNTY CODE A. Revocation or Suspension Factors When considering the potential revocation or suspension of a Use by Special Review permit, it is not enough to simply determine that a violation has occurred. Section 2-4-50.O. of the Weld County Code (the "Code") requires that the Board "shall consider statements in mitigation and in aggravation of the violation prior to determining the appropriate penalty." A laundry list of the items that may be considered by the Board include the following: 141 Page 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. Prior to this proceeding and the associated APCD compliance proceedings, the Facility has not been subject to an enforcement action for violations of the State environmental requirements or County development standards. As such, use of a drastic remedy like revocation or suspension is clearly not warranted. As discussed elsewhere in this memorandum, Heartland Biogas, LLC ("Heartland") has continually strived to comply with all applicable County and State regulation in connection with the development of this groundbreaking biofuels Facility. Although the County has determined, largely in hindsight as the result of an extraordinary number of "routine" inspections, that there may have been technical violations of several applicable regulations, in many cases both the State and the County were complicit in allowing those violations to continue well after they were aware of the facts surrounding those violations. For example, as discussed elsewhere in this memorandum, both the State and the County were aware in 2013 that the ownership of the Facility had changed. Heartland took all reasonable steps to inform both bodies of the change, provided the necessary performance bond to the State in accordance with the Solid Waste Regulations, and then -Commissioner Douglas Rademacher signed the USR 1704 Plat for the Facility issued to Heartland Biogas, LLC on behalf of the Board of County Commissioners. See, Exhibit 19. Despite the County's knowledge of this transfer and its express approval of Heartland Biogas, LLC as the operator of the Facility, the County now alleges that Heartland bears sole responsibility for the fact that the Certificate of Designation, which was approved by the Commissioners in the same resolution that approved USR 1704, may or may not be in the name of the current owner. Although it is Heartland's belief that the CD was effectively transferred when the County approved the USR Plat in Heartland's name and delivered the plat for recording with the Weld County Clerk and Recorders office, to the extent that a technical violation may be alleged, it does not justify a decision to revoke or suspend Heartland's USR Permit for the facility. Beyond the facts and circumstances associated with the CD, the County's notice for the December 19, 2016 show cause hearing alleges violations of USR Development Standards 8, 10, 16, 17, 18, 21, 30, 34, 42 and 45. Each of these alleged violations, which are discussed in greater detail in Section II of this memorandum, have only recently been asserted against Heartland and have come about as a result of a series of unsubstantiated complaints submitted at the November 14, 2016 show cause hearing, or by an unprecedented and unusual number of inspections by the County staff that have taken place since that hearing. As described in Section II, these alleged violations are either non-existent, come about as a result of the complex and often overlapping multi -jurisdictional regulatory requirements that govern this Facility, are minor technical violations that have been or can be easily remedied, or are in the process of being corrected. None of the alleged violations, to the extent they exist, justify the County's efforts to terminate or suspend Heartland's permit and any effort on the part of the County to do so would be inconsistent with how other similarly -situated USR permit holders in Weld County have been treated by the County. 15 'Page Much has been made in these proceedings of the apparently large number of complaints that have been lodged against the Heartland Facility since late 2015. However, The Commission's focus in these proceedings should not be on the number of complaints, but rather whether the development standards with regard to odor have been actually and consistently violated by Heartland. Clearly, the evidence is that there has only been one such violation since the plant has become operational. In addition, as is demonstrated by the Ramboll study which is attached as Exhibit 8, a percentage of the cases can be traced to sources other than the Heartland Facility. 2. Good faith efforts on behalf of the person against whom the complaint is made to comply. Throughout these proceedings Heartland has made consistent good faith efforts to both comply with the USR development standards and to address the neighborhood's concerns about the Facility. Although the County has alleged several other potential violations over the course of the probable cause/show cause hearings, the initial complaint and clearly the primary issue of concern to the County and the adjacent residents relates to the potential for offensive odors generated by the Facility. As discussed in Section II there has only been a single recorded instance of the Facility being in violation of the 7:1 odor guideline established by Development Standard 21. Since that initial reading, Heartland has undertaken an extensive odor testing program documenting the Facility's compliance with development standard 21. Heartland has also provided "Nasal Ranger" testing devices to some of the adjacent residents, and no additional violations have been reported. Despite the lack of any additional odor violations subsequent to April 2016, Heartland has gone to great lengths to address the neighbor's concerns. These include retaining consultants and engineers to analyze the Facility with a goal of not only meeting the 7:1 standard but minimizing offensive odors as much as reasonably possible in light of its approved and vested use as a biofuels facility. As a result of these efforts, Heartland is currently in the process of installing additional buildings on site for the acceptance of feedstock materials, and designing state of the art filtration systems for its facilities which will work toward addressing these concerns . Throughout the probable cause/show cause hearing process with the County, Heartland has been forthcoming with information about these efforts with the County staff and the neighbors, and has kept both regularly informed about their efforts. 3. Duration of the violation. As discussed in the prior Section, there has only been one documented violation of the 7:1 odor standard contained in the USR permit. That single violation occurred over 7 months prior to the December 19, 2016 show cause hearing. In the interim, Heartland has taken steps, such as the construction of an enclosed building for the receipt of certain wastes, to minimize odors generated by the Facility pending the installation of additional odor control measures. To the extent that the other alleged violations identified by the County which are discussed in great detail in Section 7 occurred, they have either been remedied in advance of the December 19th show cause hearing, efforts to cure have been commenced and will be completed 16 Rage as quickly as possible, or they are either immaterial or non-existent. Other efforts that will be needed to minimize odors generated by the Facility will take additional time to design and implement. These efforts are already underway. Certain aspects of these efforts, such as the construction of a new building for the receipt of certain feedstock materials, will be completed by the end of December, 2016, while other improvements will be designed and installed during the first half of 2017. 4. Economic benefit of noncompliance to the person against whom the complaint is made. See the discussion in Section B.4. below. 5. Impact on, or threat to, the public health or welfare or the environment as a result of the violation. In connection with its efforts to address the odor complaints, Heartland retained noted Toxicologist Angela Harris, PhD, DABT from Rambol/ Environ to assess project odors and toxicity. Her studies concluded that there are no health risks associated with odors generated by the Facility. See Exhibit 10. Heartland recognizes that some neighbors may have a legitimate concerns regarding the odors that have previously been generated by the Facility. However, none of those concerns arise as a result of a violation of the development standards applicable to the Facility. 6. Malfeasance. Heartland has continually worked in good faith with the County Commission, the County staff and with the neighboring residents to be a good citizen of Weld County. To the extent that there have been any allegations of malfeasance on the part of Heartland or any of its consultants by the County staff, the County Commissioners, or by the neighboring property owners, these are absolutely without basis in fact and there has been no evidence introduced in these proceedings to document malfeasance or justify such allegations. 7. Whether legal and factual theories were advanced for purposes of delay. As discussed throughout this memorandum, Heartland has worked very hard during the entirety of these proceedings to understand the complaints that have been presented, and to develop and implement a plan to address those concerns. The County's complaint and the evidence introduced in these proceedings contain no allegations that any legal or factual theories have been advanced by Heartland for the purposes of delay. 17 Page B. Mitigating Factors In addition to the foregoing factors, in the event that the Commissioners should determine that a violation of the factors set forth in this Subsection, the following circumstances shall be considered as grounds for reducing or eliminating penalties: 1. The voluntary and complete disclosure by the person against whom the complaint is made of such violation in a timely fashion after discovery of the noncompliance. Throughout the Weld County probable cause/show cause proceedings, Heartland has been extremely cooperative and open with the County, the State, and the neighbors. Heartland has shared its odor testing results with the County, and has had a total of 9 community informational meetings with the nearby property owners during which Heartland has shown the neighbors the results of their ongoing odor testing, their plans for implementing additional odor control measures, and their timeline for implementing those measures. Heartland has provided "Nasal Ranger" odor detectors to adjacent residents to help them document the existence of any odor violation in the event that they should occur. Heartland has also established a telephone hotline and a web site for odor complaints. 2. Full and prompt cooperation by the person against whom the complaint is made following disclosure of the violation, including, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts. Heartland has taken substantial steps to address the odor complaints and ensure that the Facility is in compliance with the 7:1 ratio required by the County and by the State. On November 17, 2016, after several months of negotiations, Heartland and the State entered into the legally enforceable COC discussed in Section II, by which the State has recognized that the development and installation of additional odor control measures will take time to design and implement. The consent decree requires Heartland to take the following steps in order to address the odor complaints: 1. By November 18, 2016, Heartland must develop an engineering analysis to evaluate odor capture and control systems for the project's significant odor sources. This engineering analysis has been completed. 2. By December 31, 2016, Heartland must complete expansion of its existing Digester Processing System building so that all truck unloading and storage of materials associated with that building will take place indoors unless such materials are contained in sealed, airtight containers. This activity has been completed. 3. By March 31, 2016, Heartland must complete implementation of odor capture and control systems for the substrate and dosing tanks that will 18IPage collect exhaust from these tanks and run the exhaust through a bio- filtration system. 4. By June 30, 2017, Heartland must complete a new building that covers the existing concrete unloading pad, install an air collection system in both buildings, and process the air within those buildings through a bio- filtration system or equivalent odor control system. 5. Following completion of these additions to the project, Heartland must implement a rigorous downwind odor testing program to be conducted by a third party contractor over a three day period at various times throughout the day. If any of those readings exceed the 7:1 ratio, Heartland must evaluate the source of such odors, develop a proposal to mitigate such odors, and implement additional mitigation measures by December 31, 2017. 3. The existence and scope of a regularized and comprehensive environmental compliance program or an environmental audit program. Heartland's Facility is subject to an extensive environmental compliance regime which is implemented by Heartland as the owner and operator of the Facility, together with the County and State. In connection with the permitting process the State has approved a detailed Engineering Design and Operation Plan ("EDOP") that provides detailed requirements for building and operating the Facility, including The EDOP includes detailed requirements for construction and operation of the Facility together with plans and procedures for groundwater monitoring, odor management, dust control, pest control, and cleanup of windblown materials and debris. 4. Substantial economic impact of a penalty on the violator This Facility, which is the first of its kind on this scale in Colorado, is the result of a cooperative effort between Heartland, Weld County and the State to develop a state of the art bioenergy Facility. Heartland's initial investment in this Facility of approximately $115,000,000 is substantial, and a decision by the County to terminate or suspend the USR permit for the facility would have far-reaching effects that go beyond Heartland and ripple through many Weld County and metro area businesses. In addition to the significant initial capital cost of this facility that would be lost in the event of a termination of Heartland's USR Permit, a shutdown of the facility would result in the termination of 23 full time jobs at the facility, along with another 16 Full Time Equivalent positions that are currently filed by consultants and other contract service providers. The facility currently pays approximately $310,000 in annual property tax to the County, and has budgeted an additional expenditure of $3,100,000 over the coming months to meet its obligations under the COC with the State of Colorado. In addition, approximately 42 manure and organic matter suppliers to the facility would need to make alternative arrangements for their materials, which 19IPage would have a significant impact on them and their business operations. A list of the current feedstock suppliers to the facility is included as part of the attached Exhibit 35. The financial impacts of a suspension of Heartland's USR Permit would also be substantial. Since the facility involves an ongoing biological process, a temporary shutdown of the facility would require that the various materials on site be removed from the facility, that the premises be cleaned, and that the organic materials on site be removed to another location. These activities would cause additional odors to be released from the site beyond those occurring now, and would hinder implementation of the odor mitigation measures required by the Consent decree. As shown on the attached Exhibit 34, the costs of shutting down, cleaning, and restarting the facility, together with the loss of revenue associated with Heartland's inability to deliver biogas to its contract purchaser, as well as the risk that the contract will be cancelled, and the ongoing need to incur expenses associated with maintenance of the facility during the shutdown are substantial. These efforts would also significantly interfere with Heartland's efforts to install additional odor control measures, and far exceed any benefits to the County from a temporary suspension of the permit. 5. Other mitigating factors. Heartland has consistently been a good corporate citizen of Weld County and has worked with the neighbors, the County and the State to address their odor complaints. Since the single odor violation in April of this year, Heartland has voluntarily and successfully taken preliminary steps to limit odors from the facility so that no further violations have been detected, such as changing operating parameters to reduce odors, at a financial loss to the project both in terms of increased expenditures and limits on receiving certain materials at the Facility. They are also legally obligated by the COC to make substantial additional investments in the Facility to limit odors, and have started to make those investments while the County's show cause hearing process has been ongoing. The numerous allegations that have been lodged against Heartland at and subsequent to the November 14th show cause hearing have been generated, in part by a number of unsubstantiated allegations lodged against Heartland and the Facility, and by an irregular and unprecedented number of inspections by County staff that have taken place over the past month. None of these inspections have found any significant violations of Heartland's USR Permit or the associated development standards that would justify suspension or termination of Heartland's permit, and the continuation of these show cause proceedings will likely further complicate and delay Heartland's efforts to address the issue of odors, which is the primary concern of both the County and the nearby residents. IV. Other Legal Considerations Prohibit Revocation As the Commission makes its determination, it is important that it remain consistent with its prior acts and decisions. Otherwise, courts reviewing the Boards decision will offer it no deference. Eason v. Board of County Commissioners of County of Boulder, 70 P.3d 600, (Colo. App. 2003) In the past, Weld County has allowed parties to continue operating under permits identical to this one even though the permittees had engaged in violations identical to, or even more egregious, than those of which Heartland is accused. See Tire Recycling, Inc., Document Number 20090081, hearing date 11/4/09, scan date 6/15/09. To revoke Heartland's permit would 20 'Page be wholly at odds with the Commission's previous interpretation and application of the regulations and would thus be an abuse of discretion. Similarly, in those instances where the record shows that an administrative agency has prejudged evidence and made a decision even before considering everything presented at a hearing, courts have reversed the administrative agency pursuant to C.R.C.P. 106(a)(4). Tepley v. Public Employees Retirement Association, 955 P.2d 573, 579 (Colo. App. 1997). If the Commission were to make a decision today, after not having the opportunity to consider all of Heartland's arguments and evidence, it will be a strong indicator that the Commission entered the meeting with its mind already decided. Such a procedure is a violation of due process rights and constitutes an abuse of discretion. Finally, in those cases where counties abuse applicants' due process rights, courts necessarily conclude that they abuse their discretion as well. Eason, 70 P.3d at 610; Carpenter v. Civil Service Commission, 813 P.2d 773 (Colo. App. 1990). Counties can abuse due process in a variety of ways: • by failing to give proper notice and hearings, Douglas County Board of Commissioners v. Public Utilities Commission, 829 P.2d 1303 (Colo. 1992); Feeney v. Colorado Limited Gaming Control Commission, 890 P.2d 173 (Colo. App.1994); • through refusing to consider all of the evidence before making a decision, Tepley, 955 P.2d at 578; State Compensation Insurance Fund v. Fulkerson, 680 P.2d 1325 (Colo. App. 1984); • by showing a conflict of interest or bias, Id. at 578; • and through other means. In this hearing, it is crucial that the Commission take the time to consider fully all of Heartland's arguments, as well as the facts and legal standards that are at the heart of this decision. The County has set forth a number of "violations" that have not been properly noticed for this hearing. To make any sort of decision based on those violations would bean abuse of due process. V. CONCLUSION Under the facts and the law presented, revocation or suspension of Heartland's Use by Special Review Permit is not justified. Such an action would impose enormous hardship on Heartland, its employees and its agricultural suppliers, based on odor emissions from the Facility that are in the process of being resolved and certain alleged technical deviations that result in no harm to public health or the environment. While Heartland takes responsibility for complying with State and County environmental and land use standards, the allegations presented in this matter should not, and cannot support a decision to revoke or suspend Heartland's Use by Special Review Permit. 211 Page RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC16-0004, CONCERNING MINOR AMENDMENT (MUSR14-0030), AND USE BY SPECIAL REVIEW PERMIT (USR-1704) - HEARTLAND BIOGAS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on the 11th day of July, 2016, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Heartland Biogas, LLC, 15445 Innovation Drive, San Diego, CA 92128, was in compliance with certain Conditions of Approval and Development Standards contained in A Minor Amendment, MUSR14-0030, to a Site Specific Development Plan and Use by Special Review Permit, 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, and WHEREAS, the alleged violations were said to be occurring on property described as part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, after hearing testimony from the Department of Planning Services, the Board finds that pursuant to the procedure as set forth in Chapter 2, Administration of, the Weld County Code there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said Minor Amendment and Use by Special Review Permit should be revoked for failure to comply with certain Conditions of Approval and Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Minor Amendment, MUSR14-0030, and Use by Special Review Permit, USR-1704, issued to Heartland Biogas, LLC, should be revoked. BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall be September 19, 2016, at or about 10:00 a.m., in the Assembly Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado. CC: Reap PLCTP(mm/CG) t--11(1v\w(et/ 7G) Puw C Fc) Co- Cee) aPPL , O,P PL a+a-orrw..tj CC C'TC3(iG(Kr) 2016-2197 PL2072 EXHIBIT 1 PROBABLE CAUSE HEARING (PCSC16-0004) - SET SHOW CAUSE - HEARTLAND BIOGAS, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Development Standards of MUSR14-0030: 17. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulation and comply with any permits issued by the Air Pollution Control Division. 21. In accordance with the Colorado Air Quality Control Commission Regulations Number 2, odor detected off site shall not exceed the level of seven -to -one (7:1) dilution threshold. 44. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board uty Clerk to the Board Date of signature: 1t`aa1&Ol 2016-2197 PL2072 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E - Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET #: 2016-74 DATE: September 19, 2016 TIME: 9:00 a.m. APPLICANT: Heartland Biogas, LLC 15445 Innovative Drive San Diego, CA 92128 REQUEST: Show Cause Hearing, PSCS16-0004, to show whether good cause exists for revocation of a Minor Amendment to a Site Specific Development Plan, MUSR14-0030, and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility, including Class I composting, an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas) along with a concrete batch plant to be used for construction of the facility for the addition of a Digester Process and a 70 -foot flare in the A (Agricultural) Zone District LEGAL DESCRIPTION: Being part of the SE114 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado ISSUE: Whether or not the Permit holder is in compliance with the following: 1. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulation and comply with any permits issued by the Air Pollution Control Division. 2. In accordance with the Colorado Air Quality Control Commission Regulations Number 2, odor detected off site shall not exceed the level of seven -to -one (7:1) dilution threshold. 3. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 2, 2016 PUBLISHED: September 7, 2016, in the Greeley Tribune EXHIBIT 2 PL 0X-1 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, •1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. if a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. in accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336- 7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. • • DOCKET #: 2016-74.A DATE: December 19, 2016 TIME: 9:00 a.m. APPLICANT: Heartland Biogas, LLC 15445 Innovative Drive San Diego, CA 921258 REQUEST: Show Cause Hearing, PSCS16-0004, to show whether good cause exists for revocation of a Minor Amendment to a Site Specific Development Plan, MUSR14-0030, and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility, including Class I composting, an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas) along with a concrete batch plant to be used for construction of the facility for the addition of a Digester Process and a 70 -foot flare in the A (Agricultural) Zone Distract LEGAL DESCRIPTION: Being part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado ISSUES: Whether or not the Permit holder is in compliance with the following. Heartland Biogas, LLC, is required to operate with a valid Certificate of Designation pursuant to C.R.S. 30-20- 101 et seq., Colorado Code of Regulations 1007-2:1 et seq., and pursuant to various provisions of the Weld County Code, and evidence was presented, including a letter from the State, that these conditions have not been complied with, specifically, review of the financial assurance by the county, failure to obtain a valid Certificate of Designation when Heartland Biogas took over for Heartland Renewable Energy, and other factors, and Heartland Biogas. LLC, may be in violation of various Development Standards of Use by Special Review Permit, USR-1704, and MUSR14-0030 as follows 6. The property owner or operator shall comply with the applicable sections of the regulation pertaining to the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) and be constructed, operated, and monitored as detailed in the application materials and Conditions detailed in the Engineering Design and Operations Plan approval letter, dated April 7, 2010, from the Colorado Department of Public Health and Environment (CDPHE) in conjunction with the application materials and Conditions detailed in the Digester Processing System Engineenng Design and Operation Plan Addendum approval letter, dated December 18, 2014, from the CDPHE. (Evidence was presented that Heartland Biogas was in violation of the EDOP and the Solid Waste Regulations due to various aspects of the operation including, but not limited to, fencing, signage, enclosure of buildings, dust, garbage blowing, odor levels, and odor mitigation measures such as scrubbers, as well as access to the facility, security at the facility, to include potential secure ID card entrance as required. In addition, evidence was presented that waste was being stored on site which may be a contradiction of the MUSR permit, specifically unenclosed or covered storage of waste streams. Further, evidence was presented that the odor management plan requires odor mitigation measures to be taken to control offsite nuisance conditions, and that nuisance conditions are present, including odor, and not being mitigated. Additionally, evidence was presented that the offloading of material was not being done in an enclosed building, storage pits were not covered, and waste streams were not being offloaded via a hose Further the storage of waste streams at the DPS system as documented in photographs. Additionally, evidence was presented that incoming waste was not being limited or removed in compliance with the odor management mitigation plan.) 10 The property owner or facility operator shall notify the Weld County Department of Public Health and Environment, Department of Planning Services, and the Colorado Department of Public Health and Environment in the event of any deviations from, or proposed changes to, the facilities Engineering Design and Operations Plan. (Evidence presented indicated modified EDOP plans that are inconsistent with the originally granted CD, to include, but not limited to. the need for any bio-filtration systems or odor mitigation measures. and that Weld County was not notified of these modifications.) EXHIBIT 3 16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved particulate emissions control plan. (The photographs of milk jugs, testimony of dust and blowing debris, as well as testimony regarding neighbors having to pick up garbage along their property lines indicates that this standard is being violated.) 17 The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations and • comply with any permits issued by the Air Pollution Control Division. (Heartland Biogas, LLC, has entered into a Consent Agreement with the Colorado Air Quality Control Division regarding its air quality, and inspections indicate that the Permits issued by the state may be inadequate. Further, the issue was raised regarding whether the Operations and Maintenance Plan related to the air quality has been fully complied with, specifically with regard to air quality permit issued January 20, 2016, which states that compliance with the Operation and Maintenance Plan shall commence upon startup of the anaerobic digester) 18. Exhaust removal systems shall be installed when necessary for enclosed areas and dust producing processes and equipment. Visible stack emissions from exhaust removal, material processing, and any combustion source shall not exceed 20% capacity (measured in accordance with EPA Reference Method 9). There shall be no visible emissions from any building openings (measured in accordance with EPA Reference Method 22). (Photographs and testimony demonstrating visible stack emissions were submitted indicating an opaque emission emanating from the facility.) 21. In accordance with the Colorado Air Quality Control Commissions Regulation Number 2, odor detected off -site shall not exceed the level of seven -to -one (7:1) dilution threshold. (On April 27, 2016, Phil Brewer of the Weld County Department of Public Health, a certified odor evaluator registered an exceedance of greater than seven -to -one (7:1) dilution threshold ) 30. Waste materials, not specifically addressed by other Development Standards, shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (The photographs of milk jugs, testimony and photographs of dust and blowing debris as well as testimony regarding neighbors having to pick up garbage along their property lines indicates that this standard is being violated. Further, evidence has been presented that potential nuisance conditions exist with regard to odor caused by the facility creating a nuisance off the facility's property.) 34. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. (Evidence was presented that the facility is operating without a valid CD, specifically as detailed in letter from the State on November 8, 2016, and due to the fact that the owner of the facility has changed since the original CD was granted; evidence was presented that the facility is potentially operating outside the bounds of its approved Engineering Design and Operation Plans (EDOP), which are conditions of the USR Permit; evidence was presented that the facility is possibly in violation of the State regulations regarding operation of a solid waste facility, specifically, the fencing requirements for the facility, signage requirements relating to clearly indicating what waste is accepted and traffic control and emergency contact information, security and access to the facility, the method of unloading material at the facility, the coverage/enclosure of the unloading docks at the facility, and the coverage/enclosure of various aspects of the facility, including the manure storage and storage of waste outside, as evidenced by photographs presented; evidence was presented that the facility potentially has not complied with the terms of the Weld County Code for the permitting of a Solid Waste Facility: additionally, the modification in the number of gallons of waste stored, the height and number of the storage tanks, compliance with the state solid waste regulations relating to control of nuisance conditions, relating to odors, noise, dust, and windblown debris.) 42. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (As noted above, this facility has been operated without a valid CD, and potentially in violation of the air quality standards as fisted above and Weld County Code Section 23-2-250(b) ) 45 The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (As outlined above, potential violations may exist based on the above listed factual allegations and standards.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO DATED: December 2. 2016 PUBLISHED: December 7, 2016, in the Greeley Tribune • COLORADO Department of Public Health £t Environment AIR POLLUTION CONTROL DIVISION COMPLIANCE ORDER ON CONSENT CASE NO, 2016-201 AIRS NO. 123-9A94 TN THE MATTER OF HEARTLAND BIOGAS, LLC The Colorado Department of Public Health and Environment ("CDPHE"), through the Air Pollution Control Division ("Division"), issues this Compliance Order on Consent ("Consent. Order"), pursuantto the Division's authority under § 25-7-115(3)(b), CRS. of the Colorado Air Pollution and Prevention and Control Act, §§ 25-7-101 to 1309, C.R.S. ("the Act"), and its implementing regulations, 5 C.C.R. § 1001, et. sea ("the Regulations") with the express consent of Heartland Biogas, LLC ("Heartland"). The Division and. Heartlandmay be referred to collectively as "the Parties" I. STATEMENT OF PURPOSE The mutual objectives. of the.Parties in entering into this Consent Order are; 1. To.establish co.mpliance.requirements.and criteria.for thecontinued operation o£ Heartland's anaerobic digester facility located at Southeast '/4 Section25, Township 4N„Range 65W, in Weld County, Colorado ("Facility''); and 2. To resolve the violations of the Act cited herein and in a Compliance Advisory issued to Heartland by the Division on June 30,:2016. II. DIVISION'S FINDINGS OF FACT AND DETERMINATION OF VIOLATIONS Based upon the Division's investigation into andieview of the compliance issues identified herein,. and in accordance with §. 25=7-115(3); C.R.S., the Division has made the following determinations regarding violationsof regulatory, statutory, and/or permit requirements associated with. the Facility. 3.. At all times relevant to the violations cited herein; Heartland was a foreign Limited Liability Company incorporated in Delaware, in good standing and registered to conduct .cIOR PoADo..-. u x1.O1ummlmwe;. EXHIBIT 4 iwsiness,in the State of -Colorado. 4. Heartland owns and operates the Facility. -5. Heartland commenced operations at the Facility. prior about November 2015 and has continuously operated since that date, 6: On April 27, 2016, Mr. Phil Brewer, of the Weld County Department. of Public Health and Environment, conducted an odor evaluation, pursuant to the Division's authority under §25-7-1 11(2)(c), C.R.S., at the Facility for the purpose of determining compliance with the Colorado Construction Permit Number 12WF31.72 Issuance 2 issued to Heartland on. January 20, 2016 ("Permit Number 12WE3172"), the Act and the Regulations. Based on Mr. Brewer's evaluation, and a review of records related to the Facility, the Division issued a Compliance Advisory to Heartland on June 30, 2016. 7. On July 27, 2016, the Division and Heartland met to discuss the issues identified in the Compliance Advisory. 8. Based upon a review of information including Mr. Brewer's odor evaluation and records related to the. Facility, the Division has determined the following:. a. On April 27, 2016, Mr. Brewer performed odor triangulation upwind and downwind of Heartland's property boundary. Thefollowing_ odor measurements were observed: Location & Time Detection Threshold Measured Downwind.1 at 9:20 AM 8:1 Downwind 2 at 9:35 AM 8:1 Downwind 3 at 9.45 AM 16:1 Downwind 4 at 9:50 AM 8:1 Upwind 1 at 10:25 AM 0:0 Upwind 2 at 10:40 AM 0:0 Downwind. S at 11:00 AM 16:I Downwind bat 11:05 AM 16:1' Mr. Brewer was certified by the Division on February 3, 2016, pursuant to Air Quality Control Commission ("AQCC") Regulation No. 2, Part A, § III, and measured the emissions with an instrument designated by the Division, pursuant to AQCC Regulation No. 2, Part A, § IV. Heartland emitted odors in excess of the 7:1 ratio,in violation ofPenult .Number I2WE3172 Condition 12 and AQCC Regulation No. 2, Part A, § I.A.. 9. The Division and Heartland entered into settlement discussions for the violations as determined by the Division. The Parties reached a settlement thatis detailed in this Consent coLoxeoo M IovW41f a9n.ian Order.. III. ORDER and AGREEMENT Basedon the foregoing factual and legal determinations, pursuant to its authority under :§ 25-7-115, CR.S., and as a result of the violations cited herein, the Division. orders Heartland to comply with all provisions of this Consent Order, including all requirements set forth below. 10. Heartland agrees to the tents and conditions of this Consent Order. Heartland agrees that this Consent Order constitutes an order issued pursuant .to.;§.25-71.15, C.R.S., :and is an enforceable requirement of Part 1 of the Act. Heartland also agrees not to challenge directly orcollaterally, in any judicial or administrative proceeding brought by the. Division to enforce: this Consent Order or by Heartland against the Division:' a. the issuance of this Consent Order, b.. the factual and legal determinations made by the Divisionherein; and c. the Division's authority to bring, or the court's jurisdiction to hear, any action to enforce the terms of this Consent Order under the Act 11. Notwithstand ng.the above; Heartland does not admit to any of the factual or legal determinations made by the Division herein, and any action undertaken by Heartland pursuant to this Consent Order shall not constitute an admission of liability by Heartland. with respect to the condition of Facility. Compliance Reunirenients 12. Effective immediately, and without limitation, Headland must comply with all the conditions of Penult Number 12WE3172 and with all applicableprovisions'of the Act and the Regulations in the regulation and control of air pollutants. 13. Effective immediately, and without limitation, .Heartland must comply with AQCC Regulation No. 2, Part A, § I.A. 14. By no later than November 1S, 2016, Heartland must complete an initial engineering analysis to evaluate odor capture: and controlsystems for the Facility's • significant odor sources to ensure continuous compliance at the Facility with Paragraphs 12 and 13 above. At a tninitnurn, the engineering analysis will assess capture and control systems for the following: a. the Digester Processing System ("DPS"); b. the two (2) substrate storage tanks including the two. (2) dosing tanks; and COLORADO wnsa,:nm��= c the three (3) Biorem. Biotrickl ng filter units. 15. By no later than December 31, 2016, Heartland must complete expansion of the existing DPS fabric building (`Building 1") so thatall truck unloading and storage of materials associated with.Buildiug 1 is undertakenindoors, except materials that are contained in sealed, airtight containers. Material not associated with Building 1 will be unloaded outside until Heartland completes the.requirenients in Paragraph 17 below. Until the requirements in Paragraph 17 are completed, Heartland must process and send the material unloaded outside to the underground concrete or steel tanks daily. No such material will remain outside of building oron the concrete unloading pad over -night unless the material is contained in sealed, airtight containers. 16. By no later than March 31, 2017, Heartlandmust complete impletnentationofthe odor capture and control system for'the substrate and dosing tanks consisting of:the following elements: a new design which will collect .exhaust from the tanks that currently vent to the atmosphere and treatment of the exhaust with a bio-filtration system or equivalent odor control system, including capture and re -use in the plant process. 17. By no later than. June 30, 2017, Heartland must complete implementation of the odor capture and control system for the DPS including: 1) construction of a new building (`Building 2") covering the concrete unloading pad; 2) installation and operation of:air collection systems for Building 1 and Building 2; and 3) installation and operation of a' bio-filtation system or equivalent odor control:system to treat the collected emissions from Building 1 and Building 2. 18. Within thirty (30) days. following implementation of the odor capture and control system for the DPS, Heartland will have a third -party contractor conduct odor monitoring. The odor monitoring will be conducted over three consecutive calendar days during normal operation of -the Facility with three downwind measurements taken each morning between 7:30 AM to 11:30 AM and three downwind measurements taken each afternoon between 1:30 PM to 5:30 PM for a total of six measurements per. day.. Heartland must submit the results of the third -party odor monitoring to the Division by no later than fifteen (15) days after the monitoring is completed. If any single: measurement taken.during the odor monitoring exceeds. the 7:1 ratio; Heartland must: a. evaluate whether there are any odor sources: -at the Facility -that must he addressed in order to ensure. continuous compliance with Paragraphs 12 and 13: above; b. submit to the Division within thirty (30) days of reading a measurement. exceeding the. 7:1 ratio: i. the results of. the evaluation conducted pursuant to Paragraph i 8.a; and Av FuPCOLOR ADO { peavknc�, tD:vvlon • ii. aproposal for the necessary capture and control systems) or other mitigation measure(s) for the source(s) identified in the evaluation; and. C. irnplementthe`capture::and control system(s) or other odor mitigation measure(s), as proposed pursuant to Paragraph 18.b,ii, by no later than December 31; 2017. The Parties may extend this deadline through a mutual written agreement. 19. The Division recognizes that it maytakoseveral months for Heartland to completely implement its engineered. odor capture and control systems, Therefore, the Parties agree that if -Heartland completes each requirement in Paragraphs 14 to 17 above by the stated deadlines,. complies with the submission of updatespursuant to Paragraph 20 below, and minimizes odors during the implementation period through use of the odor misting system and maintaining a reduced temperature in the substrate tanks when practicable, this Consent Order will resolve any violations of the 7;1 odor standard set forth in AQCC Regulation. No. 2, Part A, § I.A until June 30, 2017 or when the engineered Odor capture and control systems for the. substrate tanks, the dosing tanks, and the DPS are.installed and operational, whichever occurs first, 20. Heartland must submit an Odor. Management Update on the last day of each month until the requirements: in Paragraphs 15 through 1.8are completed. At a minimum the Odor. Management Update trust include a: status update for each of the odor capture and control or odor mitigation systems; the most recent milestone for each requirement and the date that. milestone was completed; the next milestone expected for each requirement andthe date that milestone is expected to be completed; any issues faced meeting the requirements; and a description of what is being done to mitigate any issues. The first Odor Management Update must be submitted to the Division. on November 30, 2016. 21. Heartland must submit allotice of Completion to the Division within thirty (30) days of completion of all requirements,in Paragraphs 14 through 18. The Notice of Completion must identify the: date of completion of each requirement. 22. All documents submitted under this Consent Order must use the same nomenclature as stated in this Consent Order, and must reference both the case number and the number of the paragraph pursuant to which the document is required. Unless otherwise specifically provided herein, no document submitted for Division approval under this Consent Order may be implemented unless and until written approval is receivedfrom the Division. Any approval by the Division of a document submitted under this Consent Order is effective upon receipt by Heartland. All approved documents, including all procedures: andschedules contained in the documents, are hereby incorporated into this Consent Order, and shall constitute enforceable requirements under the Act. Administrative Penalty Requirements: 23. In accordance with § 25-7=122(1)(b), C.R.S., there shall civil penalties assessed or collected against persons who violate emission regulations promulgated by the ®®� co.ton auoM1 M Casa.„14DCunt& a.:,Ae commission for the.controi of odor until a compliance-order-issuedpursuant-to § .25-7-115, .C.R.S. and ordering compliance with the odor.regulation has been violated. IV. SCOPE AND EFFECT OF CONSENT ORDER 24. The. Parties agree and acknowledge that this Consent Order constitutes.a full and final settlement of the violations cited herein. This Consent Order is final agency action. Heartland agrees not to challenge the.terms and conditions of this Consent Order in. any proceeding before any administrative body or any judicial forum, whether by way of direct judicial review or collateral challenge. 25. This CorisentOrder shall be enforceable by either party in:the same manner asif the Division had entered this Consent Order without agreement by Heartland.. The Parties agree that any violation of the provisions of this Consent Order by Heartland concerning the. Act, or the Regulations, shall be a violatiomof a final order of the Division for the. purposes of** 25=7-115, 121, and.122, C.R.S., and may result in the assessment of civil penalties of up to Fifteen Thousand Dollars ($15,000.00) pet day foreach day of such violation. 20. The Parties' obligations under this Consent Order are limited to the matters expressly stated herein or in approved submissions required hereunder All submissions made pursuant to this Consent Order are incorporated into. this Consent Order and become enforceable under the: terms ofthis Consent Order es of the date of approval. by the Division.. ,27. The Division's approval of -any- submission; standard; or action under this Consent Order shall not constitute a defense to, br an excuse for, any prior violation of any requirement. under the Act,. the Regulations, or any subsequent violation of any -requirement of this Consent Order, the Act, or -the Regulations. 28... Entering into this settlement shall not Constitute an admission of violation of the air quality laws by Heartland, nor shall the Division or any third partyinfer it to -be such an admission by Heartland in any administrative or judicial proceeding. Notwithstanding the foregoing or anything in this Consent Order to the contrary, the described violation will constitute part of Heartland's complianceinstory for any purpose,for which such history is relevant, including considering the violation described above in. assessing a penalty for any subsequent violations, in accordance with. the provisions of § 25-7122,, C.R.S., against Heartland. .29. Heartland shall comply with all applicable Federal; State, and/or local lawsand regulations and shall obtain all necessary approvals or.permits to. conduct the investigation and remedial activities required by this Consent Order and perform its obligations required hereunder. The.Division makes no representation with.respect to approval and permits required by Federal, State, or local laws.or regulationa other than those -specifically referred to. herein.. 30.. Nothing herein shall be. consulted as 'prohibiting, altering, or in anyway limiting • the ability of the Division to seek any other remedies or.sanetions available by virtue of Heartland's violation of this Consent Order orofthe statutes and regulations upon. which this COLORADO Consent Order is based, or for Heartland's violation of any applicable provision of law. V: LIMITATION RELEASES AND RESERVATION OF RIGHTS AND LIABILITY 31. Upon the effective date of this Consent Order, and during its term,. this Consent Order shall stand in lieu of any:other enforcement action by the Division with respect to the violations cited herein. This Consent Order does not grant any release of liability for any violations, regardless often they occurred, that are not cited in this Consent Order: The: Division reserves the right to bring any action it deems necessary to enforce this Consent Order, including -actions forpenalties and/or injunctive relief 32. Nothing in this Consent Order shall preclude the.Division from imposing additional requirements:necessary to protect human health or. the environment and to effectuate the purposes of this ConsentOrder, NOT shall anything in this:Consent Orderpreclude the Division from imposing additional requirementsin the event that additional information is discovered. that indicates such,re9uirements;are necessary to protect human health or the. environment. 33. Heartland reserves its rights and defenses regarding liability in any proceedings regarding the Facility other than proceedings to enforce thisConsent Order. 34.. Upon the:effective date of this Consent -Order, Heartland releases and covenants not to sue the State of Colorado. as to all common law or.statutory claims or counterclaims arising from, orrelating to, the violations {lithe. Act orthe Regulations Specifically addressed 'herein. 35. Heartland shall not seek to' hold the State of Colorado or its employees, agents or representatives liable for any injuries or .damages to persons orproperty'resulting from acts or omissions of Heartland, or those acting for or on behalf of Heartland, including its officers, employees;agents, successors, representatives, contractors orconsultants in carrying out activities pursuant to this Consent Order. Heartland shall not hold out the State of Colorado or its employees, agents or representatives as a partyto any contract entered into by Heartland in. 'carrying out activities pursuant to this Consent Order, Nothing in this Consent Order shall constitute an express or implied waiver of immunity otherwise applicable to the State of Colorado, hS employees, agents, or representatives. 36: The Division reserves the right to bringany action or to seek civil or administrative penalties fee any pact, present, or future violations of the Act and the Regulations; not specifically addressed herein. Further, the Dieision.has:the rightto bring anyaction to enforce this Consent Order and to seek authorized penalties for any violation of this Consent Order. VI. FORCE MAJEURE 37. Heartland shall perform the requirements of this Consent Order within the schedules and time limits set forth herein, and in any approved plan unless the performance is A COLOi O A m,-wi�.mcwvx 0Th prevented or -delayed by events that constitute. a force majeure: A force majeure is defined .as any eventarising from causes which are not reasonably foreseeable, which are beyond the control of Heartland, and which cannot be overcome. by due diligence. 38. Unless otherwise provided in the Act or the Regulations, within seventy-two (72) hours of the time that Heartland knows or has reason to know ofMammal-epee of any event whieh Heartland has reason to believe may prevent Heartland from timely compliance with any requirement under this Consent Order, Heartland shall. provide verbal notification to the Division. Within seven (7) calendar days ofthe time that Heartland knows or has reason to know -of the occurrence -of such event, Heartland shall submit to the.Division,a written description of the event causing the delay, the reasons for and the expected duration of the delay, and actions which will be taken to mitigate the duration of the delay. 39. Theburden of proving that any delay was caused by a force majeure shall at all times rest with Heartland; If the Division agrees that a force majeure has occurred,. the Division will so notify:Heartland. The Division will also approve or disapprove of Heartland's.proposed actions for mitigating the. delay. If the Division does not agree that a force majeure has occurred, or if the Division disapproves of Heartland's proposed actions for mitigating the. delay, itshall. providea written explanation of its determination to Heartland. 40. Delay in: the achievement of one requirement shall not necessarily justify or excuse:delay in the achievement of subsequent requirements. In the event.anyperformance under this Consent Order is found to have been delayedby a force majeure, Heartland shall pertbrm the requirements of this-ConsentOrderthat were delayed by the force majeure with all due diligence, VII. DISPUTE RESOLUTION 41. If the Division determines that additional requirements are necessary pursuant to Paragraph 32; that a violation of this Consent Order hasoccurred; that a force majeure has not occurred; that the actions taken by Heartland to mitigate the delay caused by a force majeure are inadequate; the Division shall providea written explanation of its determination to Heartland.. Within fifteen (15) calendar days. of receipt of the Division's determination, Heartland shall: a. Submit a notice of acceptance of the determination; or b. Submit a notice of dispute of the. detenniitation: If Heartland fails to submit either of the. above. notices within the specified time; it will be deemed to have accepted the Division's determination.. 42. If Heartland files arty notice ofdispute pursuant to'Paragraph41 .b, the notice shall speeifythe particular matters in the-D.ivision's determination that.Heartiand seeks to dispute, :and the;basis for the dispute: Matters not identified in the notice of dispute shall be deemed accepted by Heartland. The. Division and Heartland shall have -'thirty (30) calendar days from the receipt by the Division of the notification of disputeto reach anagreement If v NO .It v agreement cannot he. reached on. all issues within this thirty (30) day period, the' Division shall confine or Modify its decision within an additional fourteen (14) dayS, and the confinned or modified decision shall be deemed effective and.subject to appeal in accordance with the Act and the Colorado Administrative Procedure.Act, Article. 4, Title 24, Colorado Revised Statutes. VIII. NOTICES 43. Unless otherwise specified, any report, notice of other communication required under the. Consent Order shall be sent to: For the Division: Enforcement Unit Supervisor Colorado. Department of Public Health and Environment APCD-SS-B1-1.400 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 For Heartland: Jason Thomas Plant Manager Heartland Biogas 19179 Weld Corinty Road 49 La Salle, CO 80946 Garrison Kaufinan Holland &.Hart, LLP 555 17`s Street, Suite 3200 Denver, CO S0202 Robert. Miller Executive Vice President. & General. Counsel EDF Renewable Energy 15445 Innovation Drive San Diego, CA 94128. IX. OBLIGATIONS UNAFFECTED BY BANKRUPTCY 44. The obligations set forth herein are based on the Division's police and regulatory authority. These obligations require, specific performance by Heartland of corrective actions carefully designed toprevent on -going or future harm to public health or the environment, or both. Enforcement of these obligations is not stayed by a petition in bankruptcy. Heartland agrees that the penalties set forth in..this Consent Order are not in compensation of actual pecuniary loss. Further; the obligations imposed by this Consent Order are necessary for Heartland and the Facility to achieve and maintain compliance with State law. X. MODIFICATIONS • COLOR AOc �e w9ssk e[amwn.:m,e. Parties. 45. This Consent Order may be modified only upon mutual writtenagreement of the XL .BINDING EFFECT. AUTHORIZATION TO SIGN AND EFFECTIVE DATE 46. • This Consent Order is binding updn thte Parties to this Consent Order and their corporate subsidiaries or parents; ttheir officers, directors, agents, attorneys, employees; contractors, successors -in interest,'afliates and assigns. The undersigned warrant that they are authorized to bind legally their:respective principals to this Consent Order,.and.that the Patties have the authority to enter into this Consent Order This Consent Order shall be effective upon the date signed bythe last party. lathe event that a.party does not sign this Consent Order within thirty (30) calendar days ofthe other.party`s signature, this Consent Order becomes null and void. This Consent Order may be exeemed in multiple counterparts, each of which shall be deemed an original, but all of which: shall constitute one and the same Consent Order. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT By: Shdlnnen McM. an Compliance and Enforcement Program Manager Air. Pollution Control Division Date: if /i7/2o/ o HEARTLAND BIOGAS, LLC By: cc: Shannon McMillan, APCD Paul Carr; APCli Heather Wuollet, APCD Michael Stovers:, Ifs EPA Phil Brewer, WeldDPHL• Beth Filson, APCD Claybourne Fox Clarke, Office oiAttorney General File Av COLORADO ;.v kmM,xaINILmf.:wn 4EARTLAN D biogas project 19179 WCR 49 LaSalle, CO 80645 November 30, 2016 Enforcement Unit Supervisor Colorado Department of Public Health and Environment APCD-SS-B1-1400 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 RE: ODOR MANAGEMENT UPDATE - CASE 2016-201; AIRS NO. 123-9A94 This letter represents an Odor Management Update as required by Paragraph 20 of the Compliance Order on Consent (Case 2016-201) between the Colorado Department of Public Health and the Environment ("CDPHE") and Heartland Biogas LLC ("Heartland"). Paragraph 20 of the Compliance Order reads as follows: "Heartland must submit an Odor Management Update on the last day of each month until the requirements in Paragraphs 15 through 18 are completed. At a minimum, the Odor Management Update must include a status update for each of the odor capture and control or odor mitigation systems; the most recent milestone for each requirements and the date that milestone was completed; the next milestone expected for each requirement and the date that milestone is expected to be completed; any issues faced meeting the requirements; and a description of what is being done to mitigate any issues. The First Odor Management Update must be submitted to the Division on November 30, 2016." The requirements in Paragraph 15 through 18 are summarized as follows: Paragraph 15 requires an expansion of the existing DPS fabric building ("Building #1") to be completed by December 31, 2016 Paragraph 16 requires the implementation of systems to capture and control of odors from the substrate and dosing tanks by March 31, 2017 Paragraph 17 requires the implementation of a system to capture and control of odors from the DPS, including the installation of "Building #2" by June 30, 2017 Paragraph 18 requires odor monitoring to assess the effectiveness of the odor controls within 30 days after the completion of the requirements of Paragraph 17. Additional odor controls may be required by December 31, 2017 depending on the results of the odor monitoring. www.edf-re.com EXHIBIT 5 AffEARTLAND bfogas protect 19179WCR 49 LaSalle, CO 80645 Heartland reports the following status updates: Paragraph 15. The construction of Building No. 1 to expand the existing DPS fabric building is well underway. Foundation footers were poured on November 9 and the concrete flooring was poured on November 21. The erection of the actual building frame is starting this week. This building is scheduled to be completed before the December 31, 2016 deadhne. Barring any significant weather problems or other unexpected delays, the building is scheduled to be completed on December 15. A picture of the building expansion as it appears today is attached. The next milestone associated with this building is dictated by Paragraph 17, which will be the installation of an odor capture and control air handling system on this building as well as the future DPS building. Paragraph 16. A temporary odor collection and control system was installed on the substrate and dosing tanks in November and began operations on November 11. An APEN was also submitted per the requirement of the air permit. This system was installed for several purposes, including the ability to mitigate odors in the short term and the ability to obtain design information for a permanent capture and control system. The system consists of a temporary exhaust collection system which is attached to a vessel containing biologically active iron sponge material to remove sulfur related compounds, followed by a vessel containing activated carbon to capture odorous organic compounds. We have attached a picture of this temporary system. We have had a couple service interruptions but those were resolved in less than a day. The permanent system is required to be installed and operational by March 31, 2017. We are currently reviewing bids for construction for the final capture and control system and expect to release a purchase order for the final system by the end of the year. Paragraph 17. The second DPS building has been designed. The building affects the containment area for the above ground storage tanks, so the containment area has been redesigned. We are preparing a Weld County building permit application and a change request to CDPHE to install the building foundations in the DPS secondary containment area. The building design is in the final stages and we expect to issue a PO in the next two weeks. We have consulted with an expert from France (TIRU Group EDF) who has experience with odor controls at similar facilities. This expert had specific suggestions for the building exhaust system. We are also evaluating the options for permanent odor control. We have a design for a bark based biofilter completed. This design requires a large footprint and so we are re- evaluating this option. Other options will include a system similar to what has been installed temporarily at the substrate and dosing tanks. Paragraph 18 requirements are not yet applicable, action items are for the middle of 2017. -' EARTLAND biogas project 19179 WCR 49 LaSalle, CO 50845 If you have any questions or comments regarding this letter, please contact me at (970)515-7396. Jason Thomas, Plant Manager Attachment (pictures) Cc: Phil Brewer, Weld County Environmental Health Services Garrison Kauffman, Holland & Hart wwv.edr-m.eem -A1 EARTLAND biogas project 19179 WCR 49 LaSalle, CO 80645 Building No. 1 4rEARTLAND biogas project 19179 WCR 49 LaSalle, CO 80645 Temporary Substrate Tank and Dosing Tank Odor Control System www.edf-re.com A l , t t ,. \ • 3 i / - - y 2� :c Q�PS S - C4. ..- * _ <f -t71" g( • • .>- y/»�z : >\� { • % y. : Aa J J 0 0 Z LL. Lt] 0 LL_ LLJ m LLJ U U 0 w aD 0 Z J J 2 Z J CO C O U C/1 C O U 0 C O fn .47 0 LL_ C O rn U 0 0 • U 0 N C O U C fa.) U, O d N CO O PERMIT NO. w a O {w• c!'1 w c 0 0 \:;ti • Z w 0 -•� 0 THIS PERMIT EXPIRES INSPECTOR w Q a WEATHER RESIST BARRIER INSULATION INSPECTOR w a a EXTERIOR SHEATHING GAS TEST FIREWALL 1 0 0 w w a`- 0 w F•LI V Q , o`f' ZUw Ow v 0U w w U Q m LU w U, N FOUNDATION UNTIL ABOVE IS SIGNED U 0 z ce O a. 0 crl z w O m a F - z ce LLt 0 U F- O z 0 0 z 0 F- V c4 L) w ZI- w V � DAMP PROOF cc w Z wag O_O DO NOT BACK FILL UNTIL ABOVE IS SIGNED J FINAL MECHANICAL FLOOD HAZARD INSIGNIA FINAL BUILDING FINAL PLUMBING FINAL ELECTRIC FIRE DIST. w U E a Q o V_ Z UO LU W U WATER SVC DO NOT COVER UNTIL ABOVE IS SIGNED U Sm D w d U =a l7 S O W 0 w z U Ln w O p Q O U H z w Z - J U w J w w wW p J v) I- 62 LJ Ou_ Nrtil c --)Z Ln Q N Z N O Z oa ncc Lnj O d en te o� ,* * J J U Ln O H V L1.1 a c/l Z a: O lz EXHIBIT 6 �-IEARTLAND biogas project Nasal Ranger — Loan Information Thank you for your participation in identification and documentation of odors that are detected in your neighborhood. This nasal ranger is the accepted standard equipment for odor detection, and has been calibrated for the State of Colorado health and environment codes and standards. Please follow the following guidelines: 1. Please complete the contact information sheet when you borrow the Nasal Ranger equipment from the Heartland Biogas facility. 2. The Nasal Rangers can be borrowed for up to 4 -weeks. If you wish to keep the equipment longer, please contact the plant manager to make sure the equipment hasn't been requested by others. 3. It is helpful to the ongoing research and identification of odor if the Nasal Ranger readings are documented. The odor readings that have been collected by Weld County officials and private consultants are limited to public roadways. With the additional data from private properties, our research will be much more accurate. We appreciate your participation to this end. 4. Please immediately inform the Heartland Biogas Plant Manager if a reading of 8:1 or greater dilution threshold is measured. 5. Please handle the Nasal Ranger equipment with care. Contact the Plant Manager if you experience a defect and return the instrument as soon as possible. Heartland Biogas Plant Manager: Jason Thomas (970) 515-7396 (720) 538-6130 — cell Jason.Thomas@edf-re.com Date of Loan 1O Date Returned ;Name of Borrower Sfc �.e. F �,' , Address 23 2 ct,,,isL)C 9. 4 a Lc, J.. tic. Co (c'atv"iJ Phone Number ct7 u- 37 1- 72 4 t E-mail Address SfcLA..2308 yvu,: t, co `-`• Plant Manager Authorization Signed Date: /0 -1Q-(1-• EXHIBIT 7 AgEARTLAND biogas project Nasal Ranger — Loan Information Thank you for your participation in identification and documentation of odors that are detected in your neighborhood. This nasal ranger is the accepted standard equipment for odor detection, and has been calibrated for the State of Colorado health and environment codes and standards. Please follow the following guidelines: 1. Please complete the contact information sheet when you borrow the Nasal Ranger equipment from the Heartland Biogas facility. 2. The Nasal Rangers can be borrowed for up to 4 -weeks. If you wish to keep the equipment longer, please contact the plant manager to make sure the equipment hasn't been requested by others. 3. It is helpful to the ongoing research and identification of odor if the Nasal Ranger readings are documented. The odor readings that have been collected by Weld County officials and private consultants are limited to public roadways. With the additional data from private properties, our research will be much more accurate. We appreciate your participation to this end. 4. Please immediately inform the Heartland Biogas Plant Manager if a reading of 8:1 or greater dilution threshold is measured. 5. Please handle the Nasal Ranger equipment with care. Contact the Plant Manager if you experience a defect and return the instrument as soon as possible. Heartland Biogas Plant Manager: Jason Thomas (970) 515-7396 (720) 538-6130 — cell Jason.Thomas@edf-re.com Signed: Date of Loan Date Returned Name of Borrower Address Phone Number E-mail Address Plant Manager Authorization q--; -1L .1- ! $6zG CR 5 ex)(&'S- 3,61mA u-io-Ib ODOR COMPLAINT ANALYSIS HEARTLAND ENVIRON ODOR COMPLAINT DATA - 'RELIMINARY ANALYSIS 12/19/2016 Global company working together to solve the most challenging environmental, health and social issues, and support a sustainable society MS, PhD Chemical Engineering Stanford, BS U Michigan Chemical Engineering Faculty, Stanford University 25+ years working in Air Quality with an emphasis on odors EXHIBIT 8 1 EVALUATION AND CATEGORIZATION OF ODOR COMPLAINTS • What is an odor complaint? • A single complaint recorded by the County • Somewhat uneven reporting policy by County regarding multiple complaints in a single call • Numerous complaints from the same individual in a day account for approximately 20% of the total complaints; sometimes multiple complaints called in during a single day • "Please log 4 yes 4 complaints from last evening: 5:15 pm, 5:30 pm, 6:45 pm, and 8:15 pm" • "Listed below are multiple Odor complaints that I would like for you to Log as individual complaints: Nov 21 7.57 am, Nov 23 8:24 pm, Nov 24 5:40 pm (CR 44 & CR 39 Odor was smelled here on my way into La Salle), Nov 25 9:31 pm, Nov 27 2:48 pm, Nov 28 8:42 am, Dec 3 5:34 pm, Dec 4 8:22 pm. and Dec 9 8:42 am." • Some odor complaints are not consistent with wind direction • Many complaints are not consistent with odor monitoring data ENVIRON ODOR COMPLAINT DATA - PRELIMINARY ANALYSIS 12/19/2016 DISTRIBUTION OF COMPLAINTS AMONG TOP COMPLAINANTS ■ Single complaint on one day • Multiple complaints on one day 100 90 to N C lis 70 Q E 60 O U 50 O L 40 O .O E 30 3 a • 80 20 10 0 C1 C2 C3 C4 C5 C6 C7 Complainant ENVIRON 1 1 a C9 C10 C11 C12 ODOR COMPLAINT DATA - PRELIMINARY ANALYSIS 12/19/2016 2 CONSISTENCY WITH WIND DIRECTION Range of Inconsistency • Complaints compared with wind direction to evaluate whether complaints are consistent with wind direction • Generous interpretation of what it means to be downwind • Calm winds (winds at 1 mile per hour or less) are classified as consistent • Any consistent wind direction within the previous two hours considered • 13% of the complaints are inconsistent with wind direction RAMB LL ENVIRON N s y Broad Range of Consistency ODOR COMPLAINT DATA - PRELIrl;NARY ANALYSIS 12/19/2016 3 Found 48 instances where odor monitoring was conducted at the same time as received complaints 4 CONSISTENCY OF ODOR COMPLAINT WITH MONITORING VARIED WITH INDIVIDUAL, AND 52% INCONSISTENT ®Consistent with monitoring ®Inconsistent with monitoring 9 8 IA 4.• • 7 ._ AftI 0. 6 E 5 O U4 13 co N 3 70- 2 C <1 0 95 3 41. I 38 I C9 C10 Cii C12 Cl C2 C3 C4 CS C6 C7 C8 Complainant CEIEWOI ENVIRON 100 90 80 70 60 50 40 (11 C ni 0. E 0 U 30 RI 4" 20 H 10 0 ODOR COMPLAINT DATA -PRELIMINARY ANALYSIS 12/19/2016 WHY ARE ODOR COMPLAINTS DIFFICULT TO USE QUANTITATIVELY? • Different people have different sensitivities to odor • Different odors difficult to distinguish, particularly at distance, and can co -mingle • After a significant and upsetting odor event, people can • Report odors as a result of odor memory • Become highly sensitized to odors • Odor monitoring (e.g., Nasal Ranger) provides quantitative information using wind direction, wind speed and odor dilution levels to gauge odors • Consistent odor monitoring can assist in odor identification and mitigation ENVIRON ODOR COMPLAINT DATA - PRELIMINARY ANALYSIS 12/19/2016 5 • CAN ODOR COMPLAINTS BE USED FOR ACCURATE ANALYSIS? • Odor complaints are not indicative of odor generation because: • Multiple complaints in a single day from single individuals • Some complaints are inconsistent with wind direction • Many complaints are inconsistent with odor monitoring • Inconsistently varying levels of odor (mild vs. very strong) ENVIRON ODOR COMPLAINT DATA - PREUMINARY ANALYSIS 12/19/2016 6 r 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 'A of Section 25 T4N R65W Operated by Heartland Renewable Energy, LLC 1'1:t Prepared by AGPROfessionals, LLC 4350 Highway 66 Longmont, CO 80504 (970) 535-9318 November 27, 2012, Original February 1, 2013, Revision 1 March 27, 2013, Revision 2 May 3, 2013 Revision 3 June 7, 2013 Revision 4 EXHIBIT $9 Neartland Renewable Energy Table of Contents Table of Contents Design and Ooerations Plan 2 Engineer's Certifications 5 Executive Summary Abbreviations and Definitions 7 1. Introduction 9 A. _ Owner/Operator 10 B. Operating Capacity 10 C. Construction Timescale 10 2. Physical Property 11 A. Land Details 11 1. Legal Description 11 2. General Site Plan 11 B. Water Detail 13 1. Surface Water 13 2. Subsurface, Subsidence & Water 13 3. Surface Water & Groundwater Protection 16 3. Process 19 A. General Anaerobic Digestion 19 B. Inputs 19 I . Type 1, 2 and 3 Feedstock 19 2. General Feedstock Design 20 3. Inputs: Digester Feedstocks, Additives and Sources 20 4. Feedstock Nutrient Analysis Data 22 5. Design Feedstock Nutrient Specification 25 6. Feedstock Reception and Handling 26 7. Sampling 27 C. Feedstock Handling, Storage, Tanks and Flows 28 1. Feedstock Unloading 28 2. Truck Washing 28 3. Tanks 29 D. Summary of Operational Systems 32 1. Water Treatment System: 32 2. Solids Dewatering System: 33 3. Gas Processing System: 33 4. Equipment Building: 33 4. Outputs 34 A. Solids Materials 34 B. Liquid Materials 34 1. Covered Lagoon 34 C. Biogas Generation 35 1. Biogas Characteristics 36 2. Biogas Handling and Conditioning 36 D. Byproducts 38 1. Sulfur 38 2. Carbon Dioxide 38 AGPROressionals LLC 2 6 Heartland Renewable Energy Design and Operations Plan 3. Process Heating 38 E. Materials Storage 38 1. Gas 38 2. Soil Amendment 39 5. Other Permits / Agencies 40 A. Weld County Special Use Permit #1704 and Certificate of Designation Granted July 21, 2010 40 B. Water Quality 40 C. Air Quality Permits 40 I. Expected Air Permit Type: Minor Source Air Permit 40 D. Colorado Department of Agriculture 40 6. General Operation 41 A. Employees/Staffing 41 1. Employee Training 41 2. Staffing 41 B. Civil Engineering 45 C. Instrumentation and Controls 46 D. Maintenance 47 E. Back-up Systems, Safety and Emergency Response Plans 47 1. Dump Flares 47 2. Electrical System Safety Designs 47 3. Fire 48 4. Other 48 5. Emergency Contact Information 48 6. Contingency 48 7. Documentation, Records & Reporting 49 A. Recordkeeping 49 B. Reporting 49 8. Nuisance Control & Environmental Management 50 A. Dust 50 B. Odor 50 C. Windblown Materials & Debris 50 D. Pest Control 50 9. Temporary Shutdown and Permanent Closure 51 A. Shutdown 51 B. Operational Maintenance & Temporary Closure 51 C. Temporary Closure 51 1. Removal of Residual Materials from Facility 51 2. Removal of Residual Materials from Digesters and Storage Tanks 52 3. Removal of Compost Debris from Surface Soils in Windrow Areas 52 4. Stonnwater Pond, Reject Storage Ponds, Effluent Storage Ponds and Dilution Water Pond 52 D. Permanent Closure 52 1. Stormwater Pond, Reject Storage Ponds, Effluent Storage Ponds and Dilution Water Pond 52 2. Re -Seeding of Disturbed Surface Area 52 AGPROfessionals. LLC 3 }leanland Renewable Cony Design and Onerations Plan 3. Removal of the Digesters 53 4. Post Closure Care 53 List of Appendices 54 AGPROfessienats LLC 4 Heartland Renewable Enemy Design and Operations Plan Engineer's Certifications I hereby certify that all portions of the site investigations and preliminary drainage design of Heartland Renewable Energy have been performed under the supervision of, reviewed by, or preformed by this Professional Engineer, licensed to practice in Colorado. To the best of my professional knowledge, judgment and belief, these plans meet the provisions of 6 CCR 1007-2 Section 11 and 14, Weld County storm drainage criteria, and the Weld County Use by Special Review and Site Plan Review Preliminary Drainage Report Outline. Chad TeVelde, PE AGPROfessionals, LLC. AGPROressianals LLC 5 Heardand Renewable Energy Executive Summary Design and Onvalions Plan Heartland Renewable Energy, LLC ("Heartland") is proposing to develop, own and operate an anaerobic digester facility located in southeast Weld County, Colorado. Anaerobic digestion of organic wastes in a controlled environment yields environmentally sound products for beneficial reuse. This facility will use agricultural wastes which include cattle manure from animal feeding operations and other organic food processing residuals ("Substrate"). The process of using cattle manure, food wastes and other organic wastes as feedstock for the digester facility will preclude release of pollutants to the environment, and specifically, will reduce the emission of significant amounts of nitrous oxide, a potent green house gas, to the atmosphere. The digestion process yields two major outputs. A methane rich gas stream will be refined and processed to meet the quality specifications for interstate pipeline gas for injection into the local high pressure natural gas transmission pipeline. A second output is a composted solid by- product, superior in certain respects to traditional compost and soil amendments for horticultural and agricultural applications. This product will be used as dairy bedding or marketed to various distributors and end users. Additionally the digestion process will yield a liquid digestate that will be land applied to improve soil properties. This digestate contains organic matter, nutrients and microbes that improve soil quality for crop growth. AGPR(1Ffnsslonsis. LLC 6 Hennland Renewable Energy Design and Operations Plan Abbreviations and Definitions Abbreviations and definitions used in this document are: Abbreviations ALR — Action Leakage Rate ASHRAE - American Society of Heating, Refrigerating and Air -Conditioning Engineers BOD — Biological Oxygen Demand cP — Specific Heat Capacity CCTV — Closed Circuit Television CDPHE — Colorado Department of Public Health and Environment CH4 — Methane gas CIG - Colorado Interstate Gas COD — Chemical Oxygen Demand CQA — Construction Quality Assurance CQAE — Construction Quality Assurance Engineer CQA/QC Plan— Construction Quality Assurance/ Quality Control Plan CSTR — Continuously Stirred Tank Reactors D & O — Design and Operations DAF - Dissolved Air Flotation EPC - Engineering, Procurement, and Construction F — Fahrenheit FPS — Feet Per Second GPD — Gallons Per Day GPAD — Gallons Per Acre Per Day HHV — High Heat Value I IMI — Human Machine Interface HRE — Heartland Renewable Energy HRT - Hydraulic Retention Time HVAC - Heating, Ventilation and Air Conditioning LHV — Low Heat Value LPG - Liquefied Petroleum Gas MCC — Motor Control Center MMBTU — Million British Thermal Units MW - Monitoring Well NEMA - National Electrical Manufacturers Association NG — Natural Gas NRCS -Natural Resources Conservation Service PBD- Project Basis of Design PE — Professional Engineer PFD — Process Flow Diagram PLC —Programmable Logic Controller RNG — Renewable Natural Gas SCADA - Supervisory Control and Data Acquisition SCFD - Standard Cubic Foot of Dry Gas STP — Standard Temperature and Pressure TSS — Total Suspended Solids AGPROfessinrais I LC 7 Heartland Renewable Enenv Des% and Ocerationa Plan USR — Use by Special Review VS - Volatile Solids WC - Water Column Inches Definitions 1 ft of natural gas or fully conditioned biogas = 1,000 BTU STP for biogas — Standard Temperature and Pressure for biogas is at 14.7 psia and 68°F (1 atm (1.05 bar or 101.325 kPA) and 20 Celsius) AGPROfessionals. {,LC 8 Heartland Renewable Enemy Design and Oncreuau Plali 1. Introduction This Design and Operations Plan (D&O) has been prepared pursuant to the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities 6-CCR 1007-2 (Regulations), Section 14 for Class I Composting Facilities and Section 11 for Waste -to -Energy Facilities, Section 9 for Waste Impoundments for review and approval by the Colorado Department of Public Health and Environment (CDPHE) and Weld County Department of Public Health and Environment (WCDPHE). The intent of this Engineering Design and Operations Plan (D&O) is to ensure protection of the environment and citizens of Colorado by identifying the design, control, and management measures to protect ground and surface waters, prevent nuisance conditions, and properly decommission the site in the event of a facility closure. Heartland Renewable Energy, LLC (HRE) is proposing an anaerobic digestion facility that will produce methane gas (CH4) to be injected into the Colorado Interstate Gas (CIG) pipeline with a block valve for interconnection approximately 0.5 miles from the Project Site. The feedstock to the digestion system will be a mixture of dairy manure from the area cattle facilities and hauled - in organic waste residuals, primarily food waste and residuals from the food processing industry ("Substrate"). The biogas produced from the digestion system tanks will be suitably conditioned and will be capable of exporting up to 1,500,000 MMBTU annually. The liquid plant effluent is pumped to a covered lagoon to provide additional hydraulic retention time (HRT) of the waste materials and to collect additional biogas for processing. The liquid effluent from the covered lagoon is transferred to large open lagoons for storage to allow for evaporation and irrigation purposes providing a soil amendment for area cropland. In addition to generating a needed domestic energy source, the gas production facility will have other significant benefits, including: • The dewatered solids portion yields a compost like by-product which is superior in certain plant growth qualities to conventionally produced compost and can be used in agriculture, land reclamation, landscaping, turf topping, gardening, nursery operations, greenhouses, erosion prevention, and erosion mitigation. Therefore, this compost product may either be marketed or utilized by dairies as bedding substrate. • By using cattle manure, food wastes and other organic wastes as feedstock, the digester facility will help preclude release of pollutants to the environment and, in particular, will preclude the emission of significant amounts of nitrous oxide to the atmosphere. Whereas there are no specific regulations for anaerobic digesters, a combination of Class I Composting Facility and Solid Waste -to -Energy Facility permits have been mutually negotiated by CDPHE and HRE. The Facility is designed in accordance with all relevant federal, state and local requirements including, but not limited to, the requirements of the State of Colorado, Weld County, health laws, standards, rules and regulations of CDPHE's Hazardous Materials and Waste Management Division, Water Quality Control Division, and Air Pollution Control AGPROfesslnnals LLC 9 tleanland Renewable Energy Design and Operations Plan Division. The Facility will comply with local building codes, fire codes and safety codes and in accordance with applicable engineering and construction codes and standards. A. Owner/Operator Owner/Operator: Heartland Renewable Energy (HRE), LLC Project Developer: Contact: Heartland Renewable Energy, LLC 116B South River Road Bedford, New Hampshire 03110 603-475-5914 Jim Potter, Managing Member- HRE, LLC B. Operating Capacity The Facility is expected to run continuously apart from Facility will operate 24 hours per day, 7 days per week, substrates are expected to be received 18 hours per day. regular intervals 24 hours per day. planned routine maintenance. The 52 weeks per year (24/7/52). Organic Manure is expected to be received on The plant will normally export 1,500,000 MMBTU/yr of conditioned biogas per year. At full output the plant is expected to digest approximately 6,000 to 7,100 gallons of organic substrate per hour and approximately 8,500 to 10,400 gallons per hour of manure slurry, including recycled effluent and dilution water. A Process Flow Diagram (PFD) is given (See Appendix A). C. Construction Timescale Construction is expected to begin by April 1, 2013. The construction and start-up duration of the project is to be 10 months, completed in two (2) phases, as outlined below in Section 2.A.2.d. The date of the first export of Renewable Natural Gas (RNG) is of particular importance and must be prior to April 1, 2014. AGPROfessionals. LLC 10 l gortland Renmsable Enemy Design and Operations Plan 2. Physical Property A. Land Details 1. Legal Description Parts of the SE' 'A of Section 25, T4N, R65 W (See Appendix B) The location and elevation of the Facility is 40 16' 57.14"N latitude, 104 36' 34.61"W longitude, at an elevation of 4,800 ft. This facility is located approximately 1/4 mile northwest of Weld County Road 49 and Weld County Road 40 intersection and approximately 7 miles southeast of the town of LaSalle, CO ("Site") (See Appendix C for Vicinity Map). The site encompasses a total of 80 acres and is located adjacent to Shelton Dairy (the "Dairy"). The digester facility footprint is approximately nineteen acres (See Appendix D for Proposed Site Layout, Appendix E for Existing Site Map and Appendix F for the Easement Map). 2. General Site Plan a) Access The facility's service area includes the Denver Metro Area and Northeastern Colorado. The major transportation corridor for the Denver metro area is Interstate 76 East to Weld County Road 49. The major transportation corridor for Northeast Colorado is Colorado Highway 34 to Weld County Road 49. The facility access is from Weld County Road 49. The entrance will either be paved for 300 feet from the county road or will be paved for 100 feet beyond two back- to-back cattle guards. The entrance to the facility is located approximately one quarter mile north of Weld County Road 40 on Weld County Road 49. Traffic enters on the east border of the facility and circulates in a counterclockwise pattern. A gated private access road will be created to the north, for internal traffic only, to and from the Shelton Dairy. An operations building with offices, a laboratory, and employee facilities is located on the south- central border of the facility along the entrance driveway. b) Signage Detailed signage will be placed at the facility entrance which includes the facility name, emergency contact information, traffic control information and materials that will and will not be accepted. c) Security A six foot high chain link fence will surround the Digester facility with a security controlled entrance. The entire site perimeter (108 acres), including the soil amendment area will be fenced with barbed wire. An ID card access will be used to prevent unauthorized access or material delivery from entering the site. AGPROfessionals LLC 11 Heartland Renewable Enemy Design and Operations Plaq d) Construction To satisfy the gas delivery deadline of April 1, 2014, the construction/approval process is proposed to occur in two phases. Prior to commencement of construction, HRE will submit a Construction Quality Assurance and Quality Control Plan ("CQA/QC Plan"), technical specifications, and proposed construction drawings, to the Weld County Department of Public Health and Environment, and the CDPHE, Hazardous Materials and Waste Management Division. The documents will be submitted at least sixty (60) calendar days, and approved by the Division, prior to commencement of construction. Proposed phases of construction are as follows: i. Phase 1: Environmental Control, Infrastructure and Grading Phase 1 encompasses the development of facility infrastructure, grading and environmental control measures which allows for the initial establishment of gas production capabilities. The following construction elements will be completed during Phase 1: • Site grading • Road installation • Site perimeter fencing and gated entrance • Truck scale • Installation of three ponds (Covered Lagoon, Stormwater and Long Term Storage Ponds) • Run-on and run-off diversion berms • Block valve and gas line hook up • Manure pit, agitator and manure pumping system installation • Utility infrastructure installation • Temporary -gas handling system and temporary boiler installation Phase 1 construction completes groundwater and surface water protection, site grading, site security, road/utility and gas pipeline infrastructure. At the culmination of construction for Phase 1, the first HRE CQA Engineer Certification Rcport will be submitted to the CDPHE Solid Waste Division and Weld County CDPHE for review and approval. All engineered features of the facility design will be reviewed and sealed by the Construction Quality Assurance Engineer (CQAE) who is a Colorado registered Professional Engineer as detailed in the CQA/QC Plan. The Certification Report provided by the CQAE will include construction as built record drawings, deviations from the approved plan and results of all testing and documentation requirements set forth in the CQA/QC Plans. Submittal of Phase I CQA Certification Report triggers a sixty (60) day review timeline prior to acceptance of feedstock. Following Division approval, with the essential protection parameters in place, the facility will begin the inoculation and development of the microorganism population within the Covered Lagoon in preparation for the digester tanks. Gas produced from the inoculation process will be cleaned with the temporary gas handling system and injected into the Colorado Interstate Gas pipeline. When Phase 2 of the project is complete, solids which have been inoculated from Phase 1 will be pumped into the main system (the aboveground tank digesters) and used to initiate the main digester process. AGPROfessionals LLC 12 Deanland Renewablc Eatrav Rcsian and Operations Plan The remainder of the digester facility is completed in Phase 2 of construction as follows: ii. Phase 2: Digester system installation • Foundation installations • Secondary containment structure installation for tank systems (digesters, substrate and dosing tanks) • Digester, substrate and dosing tank installation • Gas cleaning system installation • Centrifuge installation and pumping infrastructure • Monitoring system installation Following the completion of Phase 2 construction, HRE will submit the final CQA Engineer Certification Report to the Division and Weld County for review and approval. The final CQA Engineer Certification Report will include construction record drawings, deviations from the approved plan and results of all testing and documentation requirements set forth in the CQA/QC Plan for structures completed in Phase 2. Following approval of the Phase 2 CQAE Certification Report from the Solid Waste Division and Weld County, loading of the digester tanks will commence for full facility gas production capabilities. B. Water Detail 1. Surface Water a) Lakes/ Streams There are no lakes, rivers, streams, springs or bogs onsite or within one-half mile of the facility boundary. The closest surface water is the Beebe Draw which is 1.1 miles to the west of the facility site. b) Flood Plain This site is not located within a mapped 100 year floodplain. The FEMA Flood Plain Map is included (See Appendix H). 2. Subsurface, Subsidence & Water The site is not underlain by any abandoned underground coal mine workings, as determined by the Colorado Geological Survey's Coal Mine Subsidence and Land Use in the Boulder -Weld Coalfield, Boulder and Weld Counties. a) Site Groundwater Well Permit A commercial small capacity well permit has been approved by the Colorado Division of Water Resources, Department of Natural Resources; Permit Number 290148 (See Appendix AB). The well will be located to the north of the facility and used for facility employees and sanitary uses. b) Groundwater Surrounding Wells Locations A well map and well registration log for all wells within one mile of the facility boundary is included (See Appendix I). Monitoring well installation logs are included for existing monitoring well locations (See Appendix J). AGPROfessionals LLC 13 }ieanland Renewable Enerev Design and Operations Plan c) Groundwater Levels Groundwater monitoring at the proposed Heartland Renewable Energy site has been in place since August, 2009 to establish static water levels, gradient directional flows as well as baseline testing parameters. Five groundwater monitoring wells were professionally installed at strategic locations on the site. Monitoring wells (MW) 1, 2 and 3 were installed August, 2009. Two wells are located near the northwest side of the facility and one near the southeast corner. Immediately following drilling, only one well had water present. Monitoring wells 4 and 5 were installed at a later date (March, 2010) to provide an up gradient well, which had water, and an additional well to provide for gradient spread in reference to the up gradient well. Of M W's 04 and 05, MW05 was the only well with water at 31 feet below ground level. Groundwater elevations have subsequently been measured 3 to 7 times (well dependent) to establish groundwater gradients. The two northern wells demonstrated static water elevations with the southernmost well being dry at each monitoring. Analysis based on groundwater depths relative to surface elevation indicates that groundwater flows consistently in the northwest direction between monitoring wells MW#01 and MW #02 at a 0.5% gradient. Groundwater monitoring sampling was performed every other month during the year of 2010 (MW05 sampled until September, 2011) to gather baseline data for evaluation for the Heartland Renewable Energy project. Potentiometric surface maps demonstrate down gradient wells for each wastewater impoundment. MW0I is down gradient of the northwest impoundment, MW02 is down gradient of the covered lagoon and MW05 is down gradient from the central impoundment (See Appendix Z). A Groundwater Monitoring Plan has been developed to monitor and analyze the groundwater throughout the construction and operation of the facility (See Appendix K). A double liner system with leak detection is the proposed design of the waste water impoundments (See Section 2.B.3.b of this document). Therefore, HRE requests approval from the Solid Waste Division and WCDPHE, upon satisfactory installation of the impoundments, that ground water monitoring be required annually for a minimum of 5 years. After 5 -years of obtaining operational data, if there is no evidence of well contamination a waiver request will be submitted to the division for the elimination of groundwater monitoring unless a leak is detected within the effluent storage impoundments. d) Subsurface Investigation i. Boring locations A preliminary geotechnical site exploration was conducted by Soilogic in February, 2009. February 2013, Soilogic performed a further geotechnical subsurface exploration for the existing site (See Appendix L for both reports). A total of 14 bores were drilled to a depth of 25 feet and 3 bores were drilled to a depth of 45 feet beneath the proposed digester location. No groundwater was encountered in any of the 25 feet bore holes. Water was encountered on the three 45 feet bore holes at a depth of 42 feet. 24 hours following drilling, static water levels in the 3 bores were at 35 feet. See the Geotechnical Reports for maps of the boring locations and associated findings. MWPROfessionals LLC 14 August, 2009, three bores were drilled by High Plains Drilling for the purpose of establishing groundwater monitoring wells. See boring logs and well permit applications in the Monitoring Well Installations (Appendix J). They were drilled to depths of 36 (MW01), 54 (MW02), and 30 (MW03) feet. Groundwater was encountered at 44 feet in MW02; no groundwater was encountered at the time of drilling in MW0I or MW03. In March, 2010, two additional monitoring wells were drilled to provide an up gradient well that had water and an additional well for gradient spread. The drilling depths were 34 (MW 4) which had no water and 46 (MW 5) had water at 31 feet. This site is located in the Beebe Draw tributary of the South Platte Basin above the Laramie -Fox Hills Alluvial Aquifer. This confined aquifer occurs primarily in the lower sandstone units of the Laramie Formation and the upper sandstone and siltstone units of the underlying Fox Hills sandstone. The geological formations of this aquifer are primarily composed of Cretaceous and Tertiary sandstone, conglomerate and shale. The thickness of the aquifer ranges from zero at the boundary to between 200-300 feet in the central part of the basin. The Laramie Fox Hills Aquifer is underlain by nearly impermeable Pierre shale and on top consists of fine, to very fine, grained sandstone or siltstone imbedded in the shale. Groundwater within the Laramie -Fox Hills Aquifer tends to contain small amounts of dissolved solids with concentration ranges from 200 to 2,000 milligrams per liter. Some gases, such as hydrogen sulfide and methane exist within the aquifer. The edges of the aquifer tend to have hard water, consisting of a sodium bicarbonate or sulfate. Depth to alluvial groundwater within the aquifer generally ranges up to 250 feet. The preliminary geotechnical report did not indicate any groundwater within 25 feet of the soil surface. Subsequent drilling identified alluvial water at a depth of 42 feet in the center of the site. Several nearby wells indicate groundwater levels range from 70-200 feet. ii. Site Soils A Soils Report from the Natural Resources Conservation Service is provided to describe types of soils and engineering properties of the soils on the site (See Appendix G). Approximately three to six inches of topsoil and vegetation were encountered at the surface during drilling. Beneath that was light brown to brown silty sand and sandy lean clay. The three main layers were classified as a fine silty sand, then sandstone to clayey sand in places, with a claystone layer existing between 25-50 feet. The silty sand was generally medium dense to dense with occasional loose zones and showed low swell and low to moderate settlement potential with an increase in moisture content at current moisture and density conditions. The sandy lean clay/clayey sand conglomerate was generally very stiff to hard in terms of consistency and/or medium dense to dense in terms of relative density and showed low swell potential and low to moderate consolidation potential at in -situ conditions. The silty sand and sandy lean clay/clayey sand conglomerate extended to the bottom of borings B-3, B-4, B-5 and B-8 at a depth of approximately 25 feet below ground surface. At boring locations B-1, B-2, B-6, B-7, B-9, B-10, B-11, the silty sand and sandy lean clay/clayey sand conglomerate extended to depths ranging from approximately 18 to 29 feet below ground surface and was underlain by brown/grey/rust claystone which varied to siltstone/sandstone in places. The claystone with siltstone/sandstone was medium to very hard and showed low to high swell potential at in -situ moisture and density conditions. Borings B -I, B-2, B-6, B-7, B-9, B -I0, B -1 lwere terminated at depths ranging from approximately 25 to 45 feet below ground surface in the claystone with siltstone/sandstone bedrock. Natural Resource Conservation Service's (NRCS) soil report classified these soils as AGPRQfessionals, 1,1,C 15 fleanlnnd Renewable Dicier Design aid Odralians Plus Valent sand and Vona loamy sand. Run-off potential from this site is considered to be low because the soils are classified as well drained to excessively drained (See Appendix G). 3. Surface Water & Groundwater Protection Groundwater is over 30 feet deep and has a relatively impermeable claystone layer above it which provides natural prevention of groundwater contamination. Additional measures taken to protect groundwater and surface water quality are as detailed below. a) Run-on, Run-off Surface water flow onto the facility will be controlled by a combination of natural terrain, diversions, and site re -grading as outlined in the drainage report. The natural surface drainage in the surrounding area of the site drains toward the northwest. Diversions for potential run-on will be designed and constructed to divert peak discharge from the 25 -year, 24 -hour storm along the east and northern edge of the property. The attached site map, Sheet GR-I, indicates the grading contours and demonstrates run-off will flow toward a stormwater retention pond to be constructed in the northwest corner of the property. The site will be re -graded to provide adequate slope to ensure run-off from the site will flow to the designed stormwater ponds. These ponds are designed to contain the volume of the 25- year, 24 -hour storm run-off plus run-off from normal precipitation events. b) Wastewater Ponds This facility will have a total of three lined ponds consisting of a stormwater/wastewater storage pond, a long term storage pond and an additional pond that serves as a covered digester lagoon. The stormwater/wastewater pond and the long term storage pond will be located in the west - central and north-west area of the site; these will serve as the collection structures for stormwater run-off and effluent storage. The stormwater capacity will be maintained by dewatering the lagoons within thirty (30) days of a storm event to the 25 -year 24 -hour pump down level. See the Final Drainage Report (Appendix M) for details regarding the stormwater management system. The pond serving as the covered lagoon will be located in the central area of the site north of the main digester facility and will receive effluent from digester operations. All ponds are designed in accordance with Section 9 of the Solid Waste Regulations as Type B impoundments. Liners will be installed using a double liner system. All ponds will include the installation and testing (as detailed in the CQA Plan) of a geo-membrane double liner constructed from 60 -mil High -density polyethylene (HDPE). The upper liner is installed in direct contact with the underlying under drain material. The drainage layer of the liner system is designed to contain a transmissive material comprised of geonet/geotextile which will rapidly convey liquid, should leachate escape the primary liner, to a sump inspection well for leak detection monitoring and daily evacuation. The geonet material consists of integrally connected parallel sets of plastic ribs overlying similar sets at various angles. The lower liner is composed of a 60 mil HDPE geomembrane that is installed in direct contact with the underlying prepared soil. Synthetic liners will be installed according to the manufacturer's instructions and in compliance with the requirements spelled out in the CQA and CQC Plans. Care will be taken during construction and prior to introduction of liquids to prevent erosion, desiccation, drying, degradation from ultraviolet radiation or other damage. AGPROfessionals. LLC 16 Heartland Renewable Enemy Design and Odcntions Plan The ponds are designed to maintain a minimum of two (2) feet of freeboard measured from the lowest elevation along the top of the lagoon berm. Ponds are designed with run-on and run-off control and diversion structures where applicable to establish stormwater control. Gauges will be installed to continuously monitor fluid level measurement of the impoundments. The proposed lagoons have 4H: W slopes with an angle of approximately 14 degrees which will be adequate to satisfy static and pseudo -static failures with acceptable safety factors. The soil to geomembrane friction angle, combined with the anchor trench, will provide a stable design for the geomembrane. The 60 mil HDPE will be adequate to handle the loading, and design stress. An above ground berm will be present. The pond will have a maximum depth of approximately 12' with a proposed water depth of approximately 1 0'. Impoundments will be inspected on a daily basis for ground movement, cracks, erosion, leaks, equipment functionality, rodent burrows and vegetation, damage to equipment, spills, detection of liquid in sumps or other problems that would jeopardize the integrity of the impoundment. Should leachate escape the primary liner, it will collect in a French drain sump pit. The French drain will have leak detection fill (size specified in the CQC plan) such that leachate can be evacuated from the well without fill material entering the pump. An 8 ounce geotextile cushion will surround the fill material in the sump pit to protect the integrity of the liner. To ensure only leachate is pumped out of the sump well, a perforated end cap is secured at the base of the HDPE pipe to allow leachate percolation into the evacuation pipe. The HDPE liners will be extrusion welded to the HDPE evacuation pipe at the top of berm. Evacuated leachate will be reintroduced into the effluent impoundments. Should an unplanned release occur from an impoundment or leachate observed in the leak detection system above one (1) foot of head (design range is defined by the Action Leakage Rate (ALR) (See Appendix AA) or any noncompliance necessitating corrective actions, the Contingency Plan will be followed (See Appendix W). The ALR is designed using standard assumptions of 60 mil HDPE installation specifications. Should manufacturer installation specifications differ from the assumed performance used in the ALR calculations, the ALR will be evaluated, ensuring the performance of the liner achieves a leakage rate that will not exceed one (1) foot of head within the leak detection system per day. Design plans utilizing a Factor of Safety (FOS) of two (2) specify the ALR will be kept below 250 gallons per acre per day (gpad) (See Appendix AA). Sump wells will have sump pumps fitted with an automatic float such that leachate will be evacuated from the wells on an on -going basis to maintain less than 1 foot of head within the well. Flow meters will be fitted to each sump pump to record the daily volume of leachate evacuated from within the wells for verification that the ALR has not been exceeded. Public access to impoundments is controlled as the entire facility is enclosed by barbed wire fence and requires employee identification for entrance. i. Construction, Testing and Liner Certification As detailed in the CQA Plan, upon completion of the ponds, the CQA Engineer Certification Report will be sealed by the Construction Quality Assurance Engineer (CQAE) who is a AGPROfessionals LLC 17 Headland Renewable Enemy Design and Oraationc P Professional Engineer (PE) registered in Colorado. The CQAE has overall authority and oversight on all quality issues during the construction and installation of the wastewater impoundments to ensure the integrity of the structure. The certification report will be submitted to the Solid Waste Division of the CDPHE along with WCDPHE documenting liner type, installation procedures, certification, and construction specifics for the impermeable liners. ii. Groundwater Monitoring and Leachate According to Sub -section 2.2 of the Regulations, a Groundwater Monitoring Plan will be submitted to the CDPHE and Weld County and is included in this report. The Groundwater Monitoring Plan is implemented on the site. Groundwater monitoring wells strategically located enable detection and assessment of the controlled seepage on groundwater quality. A Contingency Plan is outlined in the Groundwater Monitoring Plan if a leak is detected (See Appendix K). c) Secondary Containment In process, materials located in both the substrate/dosing and digester tanks will have secondary containment. The tanks will be placed on top of and surrounded by 60 mil HDPE liner protected by an earthen blanket. A containment wall or earthen berm designed for 110% containment of the largest tank will be constructed surrounding the tank battery (See Appendix N). The tanks and containment area will be visually inspected for leaks on a daily basis. See attached HDR drawings for tank cross section details (See Appendix O). In the event of a catastrophic tank failure, all waste will be removed from the secondary containment as soon as possible, not to exceed 48 hours. Clean-up will follow the procedures detailed in the contingency plan. Manure pits will have secondary containment comprised of a membrane underlying the impermeable concrete pit. Wet wells used for feedstocks and manure pits will have secondary containment similar to the digesters. A containment membrane will be installed, with a geo- textile fabric overlaid and an aggregate base top layer(sand or gravel) to protect the liner. The floor will be sloped to drain to a sump at the end of each containment area. A monitoring sump pit will be visually inspected for leaks (and evacuated if needed) daily. AOPROfessionals LLC I8 Headland Renewable Energy Design and ODeralians 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 1. Type 1, 2 and 3 Feedstock HRE will be classified as a Class I composting facility, which enables the facility to receive Types 1, 2 and 3 feedstock in quantities only limited by the site design regulation and this D&O. These feedstocks include agricultural crop residues, manure, untreated wood wastes, yard, paper and green wastes, animal material, animal mortalities and source separated food wastes (Types 1 and 2 wastes). Prior to acceptance of any biodiescl byproducts, an ignitability/flashpoint laboratory analysis will be performed. Results exceeding ignitability threshold, as classified in Colorado Hazardous Waste Regulations, 6 CCR 1007-3, § 261.21, will result in refusal of the feedstock delivery. While this facility is designed as a Class I facility, which is able to accept bio-solids, solid waste, processed solid waste and sludges, only limited Type 3 feedstocks will be accepted (See detailed list of accepted and unaccepted feedstocks in Appendix P). Specifically, municipal waste and hazardous waste will not be accepted. Dissolved Air Flotation (DAF) will only be accepted from food processing waste water. No other Type 3 feedstocks will be accepted without specific prior approval from the Solid Waste Division and Weld County. HRE's digester facility will not accept municipal bio-solids, or any other solids, processed solid wastes, or sludge other than those described above unless a request to modify is submitted and approved in advance. The above feedstocks do not constitute `broad categories' of waste streams, nor is this facility a solid waste landfill or transfer station, thus Section 2.1.2 of the Regulations do not apply. A Waste Characterization Plan has been developed and is provided in the appendices (See Appendix Q). AOPROfessionals LLC 19 Iicarlland Renewable Energy Design and Onerations Plan 2. General Feedstock Design Consistent feedstock is to be fed to the digesters in order to achieve nutrient balancing goals. This requires blending of various organic substrates that have variable nutrient characteristics with manure, which maintains a relatively constant nutrient profile. The proportions of manure and substrate mixed to a consistent feed material are determined and selected by the digester operator, based upon lab analysis, expected and past performance of feedstock, moisture content, levels of fat, protein and carbohydrates. It is anticipated that there will be some variation in the quality of feedstock fed to the digesters. The principal feedstock to be digested is organic substrates from various sources, and manure collected from dairies and feedlots. The organic substrates will be delivered unblended by the originating sources. Organic substrates differ in quality, notably organic strength, and therefore will be stored in separate substrate tanks. This allows for nutrient blending to target ideal nutrient balance specifications prior to feeding the digesters. Feedstock nutrient balancing will primarily be controlled by carefully monitoring the organic loading, pH, and volatile fatty acid (VFA) counts within the substrate in the digesters. Organic substrates will provide most of the volatile solids to the digesters in the form of fats, proteins, sugars and other carbohydrates. Manure will be blended in the dosing tanks with the organic substrates. The manure adds microflora, the remainder of volatile solids, most of the micronutrients and buffering capacity to the digester substrate. Refer to Section 3.B.5 for detailed information on Design Feedstock nutrient specifications. 3. Inputs: Digester Feedstocks, Additives and Sources a) Organic Substrates Liquid organic substrates will be the primary source of substrate. A list of acceptable substrates is provided in Appendix P. Liquid organic substrates may consist of: • Grease trap waste generated by collection from commercial/institutional grease trap interceptors. Grease trap waste is composed of water, grease, and food solids collected in an intercept prior to discharge to the local sewer. The collected material is high in moisture. • Dissolved air floatation (DAF) float by pretreatment of food processing wastewater streams. The concentrated float can be high in moisture and often in TSS. • Thin and evaporated stillage from corn ethanol plants or distilleries • Glycerin from biodiesel facilities • Hatchery Waste and Poultry By -Products involving waste streams which may include poultry litter, refuse eggs and associated offal. A GPROfessionals. I. LC 20 Heartland Renewable Enemy Dalian and Operations Plan (a) Physical Characteristics Viscosity of liquid organic substrates can vary from 10 to I0,000cP at 60 to 125 degree F respectively. The material may contain tramp which is extraneous debris described in Section 3.B.3.c below. (b) Delivery The expected method for delivery is in 3,000 to 6,500 gallon tanker trucks and trailers. The average payload from past experience is 5,500 gallons (about 40,000 pounds). b) Dairy Manure Manure that is scraped or vacuumed from the feed lanes will be delivered to the facility. Some flush water containing manure from the milking parlors and wash pens may also be included with the feed lane manure. Feed commodities, such as undigested hay and corn, are an expected component of the manure substrate. Dairy manure is consistent in physical properties maintaining an approximate viscosity of 110cP at 70 degree F. Delivery of dairy manure will typically be by pipeline or tanker trucks containing loads of approximately 5,500 gallons and/or in vacuum vehicles or bulk solids. c) Foreign Objects Each of the feedstock categories may contain tramp or non -desirable material. Tramp materials typically found in manure streams include: large and small rocks, pieces of steel, concrete, rope, barbed wire, pieces of wood, and straw. Tramp materials typically experienced in substrate streams include: rocks, grit, glass, rope, twine, paper, plastic, bags, gloves, stalks, nuts, bolts, and gaskets/o-rings. These will be removed before going to the digesters, especially any objects that are heavy (e.g., rocks, bolts) and/or harmful to equipment (e.g., rocks, bolts, grit, concrete). Efforts will be made to communicate with the organic substrate suppliers to provide substrates with no foreign objects. Screens, magnets, and other devices will be at the receiving stations to remove foreign objects. These materials will be collected in dumpsters and disposed of at a solid waste landfill. AGPROfessionals. LI.C 21 }leanland Renewable Enerev Design and Operations PIS Table 3.1. Chemicals additives used in digester tanks Chemical Name Description Purpose of Additive Activated carbon Media adsorbent Odorous air scrubber Alum Coagulant Wastewater treatment Elemental sulfur By-product Hydrogen sulfide removal Ferric chloride Flocculent Clarifier Nutrimix 34/32 Nutrient supplement Hydrogen sulfide removal Polymer Anti-scalant Wastewater treatment Polymer Flocculent Wastewater treatment Proprietary Media adsorbent Carbon dioxide removal Sodium bi-sulfate Neutralizer Wastewater treatment Sodium hydroxide pH control Hydrogen sulfide removal Sodium hydroxide pH control Wastewater treatment Sodium hypochlorite Biocide Wastewater treatment Sodium hypochlorite Disinfectant NPW treatment 4. Feedstock Nutrient Analysis Data Information on feedstock to be supplied to the plant is given in tables in Table 3.3 and 3.4. The Table below provides a weighted average analysis of manure and substrate from three digester facilities in operation and maintained in Wisconsin, and the projected analysis of the Facility based on a similar sized Heartland Renewable Energy facility. AG?Rof_essionals. LI.C 22 t;canland Rcncvalalc Encrry Design and ()aerations Plan Table 3.2. Feedstock Nutrient Analysis from Wisconsin and Colorado Digester Facilities Nutrient Wisconsin Dairy Waste % Colorado Wisconsin Dairy Substrate Waste % % Colorado Substrate Phosphorus Potassium Nitrogen Ammonia Nitrogen Moisture Ash Fat Protein Carbohydrates ADF Calcium Copper Iron Magnesium Manganese Sodium Zinc Sulfur Chlorine 0.041 0.0358 0.100 0.037 0.181 0.0722 0.032 0.097 0.254 0.14625 0.357 0.250 0.085 0.04 0.046 0.024 93.389 93.36 80.455 81.857 1.246 1.39 1.280 0.811 0.703 0.23 16.116 13.026 1.590 0.9 2.230 1.461 1.413 2.5 0.475 2.745 2.100 1.6 0.700 0.100 0.118 0.1024 0.105 0.096 0.007 0.0002 0.001 0.001 0.005 0.023 0.024 0.050 0.047 0.0408 0.016 0.007 0.001 0.0013 0.000 0.000 0.094 0.0292 0.173 0.117 0.002 0.0009 0.002 0.002 0.032 0.0234 0.044 0.043 0.086 0.04 0.176 0.055 a) Organic Waste Substrates The organic waste substrates will primarily be fats, oils, and grease (FOG) material. "I he other organic waste substrates will consist of proteins, carbohydrates and, cellulose. These organic waste substrates will be primarily obtained from food and beverage processors within the area. Other sources may include organic by-products from biodiesel and ethanol production facilities, and pre -consumer material from grocery stores and restaurants. AGPROfessionaia LLC 23 Heartland Renewable Enemy Desian and Ooeetions Plan The general characterization of the organic waste substrates, based upon a similar Heartland Renewable Energy facility: Table 3.3. Organic waste substrate nutrient analysis based upon similar digester facility Nutrient Units Concentration COD mg/L 404,000 BOD mg/L 252,300 TSS mg/L 181,400 VS mg/L 173,000 Fat mg/L 130,260 Protein mg/L 10,500 Carbohydrate mg/L 27,500 Cellulose mg/L 1,000 Volume gallon per 140,000 day Table 3.4. Manure waste with dilution water nutrient analysis based upon similar digester facility Nutrient Units Concentration COD mg/L 50,000 BOD mg/L 31,000 TSS mg/L 100,000 VS mg/L 80,000 Fat mg/L 1,800 Protein mg/L 14,400 Carbohydrate mg/L 28,800 Cellulose mg/L 34,900 Volume gallon per 200,000 day The organic substrates and the manure will be combined/blended in dosing feed tanks prior to being pumped to the anaerobic digesters. The projected proportion of each feedstock in the blend fed to the digesters is: AGPROfesstonaly I LC 24 }learlland Renewable Energy Design and Oeerations Platt Table 3.5. Organic waste substrate nutrient analysis based upon similar digester facility Nutrient Volume Concentration (gallons per day) Percent VS Percent VS Volume Concentration Feedstock Feedstock (Ib/d) Concentration Concentration Substrate 140,000-250,000 55 194,107 64 Manure+water 200,000 45 109,547 36 Combined 340,000-450,000 100 303,654 100 5. Design Feedstock Nutrient Specification The "Design Feedstock," will be a mix of organic substrate and dairy manure. The feedstock average nutrient specifications arc listed in Tables 3.6 and 3.7 for substrate and manure respectively. Table 3.6. Nutrient analysis of organic substrate feedstock properties (as fed to digesters) Proximate Analysis Least Feedstock (% By Weight) Average Feedstock (Feedstock) % By Weight) Best Feedstock (% By Weight) Moisture 90.00 81.00 70.00 Ash 0.50 0.80 1.00 Fat 8.00 13.00 18.60 Protein 1.00 1.60 4.10 Carbohydrates Balance Balance Balance Table 3.7. Nutrient analysis of dairy manure feedstock properties (as fed to digesters) Proximate Analysis Least Feedstock (% By Weight) Average Feedstock (Feedstock) (% By Weight) Best Feedstock (% By Weight) Moisture 95.00 90.00 85.00 Ash 1.50 1.5 1.5 Fat 0.20 0.25 0.30 Protein 0.40 0.65 0.90 Carbohydrates Balance Balance Balance AGPROfessionals. LLC 25 Heartland Renewable Energy Design end Operations Plan 6. Feedstock Reception and Handling Materials are accepted only from known generators. All unknown sources will be declined. All organic feedstock deliveries will occur every day of the week (Sunday through Saturday), from 6:00 a.m. until midnight. Up to 70% of the day's feedstock, however, may arrive during normal business hours. Dairy manure deliveries will occur throughout 24 -hours per day, 7 days per week. The majority of the manure volume is expected to be delivered via pipeline and trucks from adjacent dairies within a 6 mile radius of the facility. Confirmation of expected truck sizes and means of unloading (e.g., pump or gravity, type of door opening) are required. All organic substrate feedstock trucks will be weighed upon entry to the site. The organic substrate feedstocks are delivered to the plant in liquid tankers. After weighing, the driver registers the identification of the load using a pre -coded swipe card and is automatically directed to an unloading dock. This area is equipped with signage, via a traffic management system, whereby the truck driver is directed to a specific unloading dock and pumping station. Liquid organic substrate tanker trucks will go to a multiple -bay unloading station. Feedstock receipt, handling and recovery areas are designed in a series of lanes. Each lane is designed to receive a specific category of feedstock, which is defined by organic strength and moisture content. The selection of unloading area/pump is based upon the following combination of parameters: • Feedstock type • Historic analysis from the supplier • Moisture content results based on random sample analysis from that supplier Substrate providers are assumed to maintain physical characteristics of the feedstock over time. Therefore, each long-term supplier will be allocated a default substrate storage tank in which to unload, unless otherwise directed by the Operator. Feedstock lanes deliver inputs from storage into dosing tanks. Segregation of feedstocks allows for precise nutrient balancing, achieving the desired nutrient blend delivery to the dosing tanks. Manure is relatively consistent in nutrient content. As such, manure receipt does not require multiple storage areas for different quality materials. All manure will be delivered to the active manure receiving pit. The manure receiving pits will be equipped with a human machine interface (HMI) to log in driver, which farm, time of delivery, liquid or solid, and approximate volume. Manure will be fed to the dosing/feed tanks directly. The Layout for Feedstock Handling is given in the Process Flow Diagram, Sheet 2 (See Appendix 0). AGPRofessinnals. LLC 26 Heartland Renewable Energy Design and Operations Plan 7. Sampling a) Feedstock Sampling Feedstock characterization is needed to determine the blends for feeding the digesters. Characterization is also needed to determine if additional nutrients are needed for a healthy digester system. Detailed sampling procedures are provided (See Appendix R). Sampling will be performed to determine the quality and nutrient content of any feedstock, including manure. Sampling of each feedstock will also be conducted periodically to confirm that its characteristics are the same as the assumed characterization. Provision for random manual sampling of the substrate and manure is to be incorporated within the unloading area. b) Substrate and Manure Analysis A sample of nominally one liter is taken manually by the Operator or Driver unless a full characterization sample is required. Full characterization requires at least three one -liter samples (laboratory specific). The Operator labels the samples for laboratory analysis. The samples are taken manually to the onsite laboratory. The sample is tested for moisture content onsite. The feedstock may be analyzed onsite for Chemical Oxygen Demand (COD) and Volatile Solids (VS). Full characterizations will be sent off -site to a commercial laboratory utilizing approved standard methods. Minimal analysis: Level 1 • Moisture content (% moisture) • pH (not required for manure) Operational analysis: Level 2 • Moisture content (% moisture) • pH (not required for manure) • COD • VS • TSS 27 Heartland Renewable Energy Design and Onerations 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. 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. AQPROfessionals. LLC 28 °conlmd Renewable Enemy 3. Tanks Table 3.8. Facility Tank Inventory Desire and Operations Plan Stored Material Substrate Tanks Tank No. Quant. Size Ito3 3 28'Dx23'H Dosing Tanks Ito 3 3 Digester Tanks Ito5 5 Manure Pits l to 2 2 Effluent Pit 1 Total Volume per Tank (gal) 180,000 12' D x 16' H 12,000 67'Dx50'H 40' Lx50'W x 12'H 40' Lx50'W x 12'H 1,290,000 179,520 179,520 Type Bolted or welded steel, epoxy lined, steel roof and floor with concrete underlay Bolted or welded steel, epoxy lined, steel roof and floor with concrete underlay Bolted or welded steel, epoxy lined, steel roof and floor with concrete underlay Concrete pits Concrete pit b) Feedstock Holding Tanks/Pits 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 AGPROfessionals_ LLC 29 Heartland Renewable Energy Design and Operations Plan centrifugal chopper pump. Dose tanks arc 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). it Dosing/Feed Tank Cleaning Each dosing/feed tank will require, quarterly, a hot water wash down to remove build-up of material on the interior of the tank and mixer blades. Operation experience will dictate whether more or less frequent wash -downs are necessary. Tanks will be visually inspected for integrity during wash -downs. d) Anaerobic Digesters i. Design The anaerobic digesters are continuously stirred tank reactors (CSTR) operating in the thermophilic (120 - 125°F) range at a pH range of 6.8 to 8.0. The project consists of five above ground, covered, insulated digester tanks approximately 67 feet in diameter and 50 feet in height, each providing 1.2 million gallons of working volume AGPAQfeasionals LLC 30 Beanland Renewable Energy Design and Operations Pi (with 2 -ft freeboard). The tanks will be welded carbon or epoxy -coated bolted carbon steel tanks. Each digester tank will have a minimum 2 -ft freeboard. All tanks will be mechanically mixed for a complete mix condition (i.e., spatial variation of less than 10% of any selected parameter). The mixing system has the ability to turn over (completely mix) the contents of the digester within one hour when the digester is at its maximum liquid and MLTSS levels. The mixing system is capable of mixing the digester down to a minimum level of 20% of maximum liquid level (assumed to be at a maximum of 8 ft). The proposed mixing system is a single shaft, top entry mixer with multiple impellers. Interior tank baffles will likely be needed to achieve good mixing. If an alternative mixing system is utilized, digester dimensions may differ. The tanks will be heated and maintained at a temperature range of 120 to 125°F. Heating will be provided by utilizing internal hot water heating coils in each digester. Several temperature control zones will be provided at specified heights within each digester. Digester tanks will be monitored by instrumentation for biogas pressure and liquid level, pH and temperature at multiple levels within the tank. Tank walls will be insulated with exterior siding. Mixed liquid temperature will not change by more than 2°F per day from the set point when at the ASHRAE (American Society of Heating, Refrigerating and Air -Conditioning Engineers) winter design temperature. The digester tanks will be protected from over pressurization by pressure and vacuum relief valves. Other nozzles and connections in the cover and sidewall will depend upon type of mixing, heating, and instrumentation. ii. Digester Tank Leak Detection Digester leak detection will be provided by visual inspection of each digester daily. The digester tanks rest on secondary containment which is constructed of 60 mil HDPE liner overlaid with a protective earthen blanket. Documentation of these inspections will be placed in the facility's operations records. If liquid is discovered between the digester and the HDPE liner, it will be sampled for evidence of material from within the digesters. The facility operator will provide written notification to the Division within seven days of discovering liquid in the leak detection system. If this sampled liquid is found to contain any material from within the digesters, a report summarizing the management of the liquid from the leak detection system, including volume of liquid removed, analytical test results, and liquid disposition, will be drafted. The report will also include repairs performed on the leaking vessel. The report will be provided in writing to the Division within thirty days of receiving analytical results or completion of the repairs. iii. Digester Tank Cleaning It is estimated that the digesters will require cleaning every 5 to 7 years. Actual time frame will depend upon the amount of sand and grit in the feedstock, scale generation and deposition, and mixing effectiveness. iv. Upset Conditions Organic overloading is the primary cause for upsetting the digester system. The primary indication of overloading is when volatile fatty acid (VFA) counts increase above normal operating ranges (to be defined later). VFA counts for each tank will be calculated and AGPROfessi°nals LIC 31 fcanland Renewable E — ,te Design and Operations Plan monitored. The biomass contained within the anaerobic digesters undergoes a series of biochemical processes as the anaerobic bacteria digest the organic material during an average hydraulic retention time (HRT) of approximately 15 days. The digesters are living systems, similar in many ways to the rumen of a cow, and can be upset by an imbalance in the system. Each of the five digesters will be operating in parallel and independent of each other. In the event of an upset, the digesters do not stop the biological process. The production of biogas can slow over a period of days if no new feed stocks are added, the pH is not adjusted as needed, or other appropriate action taken. The control system will be used to monitor the conditions within the digester via alarms to indicate when parameters are out of range to prevent such upsets. v. Start-up Process For the anaerobic digesters, seed sludge, from the Covered Lagoon (Phase 1) other similar systems, and manure will be placed into the digesters. The goal will be for each digester to reach design load within 60 days of starting to receive feedstock. With five digesters, start-up will begin with two digesters. Once these tanks are stable, the remaining three digesters will begin start-up. Whether the remaining three digesters begin start-up after the first two digesters are at full -load will depend upon available seed sludge from other facilities and from the first two digesters. Start-up for the biogas conditioning system will begin when sufficient biogas is generated to meet the minimum input requirements. Volume of biogas that will be required for system functionality is expected to be between 30 and 50% of design capacity. Until this volume is reached, all biogas will be either flared or utilized in a boiler for heating digester tanks. Supplies and services needed during start-up include water to fill the digesters, heat source (e.g., hot water boiler), and pilot fuel for the flare (e.g., LP tank). D. Summary of Operational Systems Onsite operations include a water treatment system, a solids dewatering system, gas processing system, and operations systems. Details of Equipment are provided (See Appendix T). Each process system is summarized below: 1. Water Treatment System: Digestate from the anaerobic digesters will flow to a solids separation and dewatering system consisting of two centrifuges; the centrifuges separate the solids from the effluent. The digestate will flow into an effluent buffer pit which serves as a throughput for storage capacity entering the centrifuge process. If one centrifuge is out of service for repairs, the other centrifuge will maintain effluent processing of the entire effluent volume in 24 hours. Otherwise, if both centrifuges are in operation, the required volume will be processed in 12 hours. Approximately 350,000-450,000 gallons per day (gpd) of effluent will be generated. Approximately 174,000 to 250,000 gpd of the effluent will be diverted to a synthetically lined, covered digester lagoon for further processing and gas collection with the remainder of the generated volume being recycled to the digester tanks. 4GPROfessianats. LLC 32 Heartland Renewable Enemy nesian and Ooe ations Plan 2. Solids Dewatering System: After separation in the centrifuge, dewatered, digested solids will be conveyed to the solids storage area via belt conveyor. The dewatered solids storage building is partially enclosed with a non -permeable floor. The storage area provides 24 hours of storage before being transferred to the Soil Amendment Storage area. 3. Gas Processing System: The gas processing system discussion is incorporated into Section 4.C below. 4. Equipment Building: The Equipment building will include the following rooms, areas and equipment: office, boiler pumps, shop/maintenance, electrical and motor center, restrooms and laboratory. The office.will house the facility's supervisory control and data acquisition (SCADA) system. The laboratory will have the capability to monitor volatile fatty acids (VFA), bicarbonates, partial and total alkalinity and may include an inductively coupled plasma mass spectrometer (ICP-MS); a gas chromatograph (GC); and other instrumentation as required to analyze various feed stocks, blended sludge, digester contents, digestate, solids processing system, water recycling system, and gas processing system. Sanitary waste will discharge to an on -site commercial septic system. AGPROfessionals. LLC 33 Heartland Renewable Env Design and Oneranons Plan 4. Outputs A. Solids Materials Digestate is pumped from the digesters approximately once per hour. The effluent is temporarily collected in the effluent buffer pit awaiting separation in one of two centrifuge separators. Liquid centrate from the centrifuge will be pumped to the covered lagoon. Dewatered solids will be collected on a solids separation pad for a holding period of approximately 12 to 24 hours. The anticipated dry matter of the digestate will be approximately 25 to 35% and there will be no 'free water' leachate from this product when conveyed to a proposed soil amendment storage area. A separate stand-alone low permeability pad Work Plan will be submitted under separate cover to the Solid Waste Division of the CDPHE and WCDPHE for review and approval. After the solids become finished according to Section 14 compost regulations, the product will be marketed as a finished compost. If the quantity of the compost surpasses storage capacity, HRE will transfer compost to an approved Class I Composting Facility in accordance with compost regulations. Should land application of unfinished digestate become necessary at some point in the future, prior to land application, a Beneficial Use Determination proposal will be submitted to the Solid Waste Division for approval under Section 8 regulations. The proposal would detail analytical characterization for Total Elemental Analysis and/or Analyte Mobility Analysis for required constituents. The sample would also be analyzed for the proposed use of land application as a soil amendment. B. Liquid Materials Liquid output for this facility is effluent water recovered from the digester tanks. The process water from the digester operations will be stored in lagoons for further gas collection followed by evaporative and soil amendment applications. Any digestate recovered from the leak detection system will follow the contingency plan specifications and be re -introduced to the digestion process. 1. Covered Lagoon Liquid pumped from the solids separation area will enter an ambient temperature unmixed in - ground flexible membrane -covered lagoon. The estimated dimensions of the lagoon are 325 ft long by 465 ft wide by 12 ft water depth. The estimated lagoon HRT (Hydraulic Retention Time) will be about 25 days. Lagoon liquid will be pumped to a storage lagoon system. Biogas produced by the lagoon will he transferred by biogas blowers to the main biogas header entering the gas conditioning pad. The cover will be composed of a flexible membrane that will float on top of the liquid contents. The flexible membrane cover will be capable of being removed for cleaning the lagoon. Biogas will migrate to biogas collection spaces at the perimeter. Optionally, some biogas may be collected on the surface in biogas "trenches" that are used under the cover. The covered lagoon will be operated at a slightly negative biogas pressure, about minus 0.5 inches we (water column AGPROfessionals, LLC 34 )iearlland Renewable Enema Desien and Operations Plan inches). Biogas pressure will be controlled by the biogas blower(s). The lagoon contents will not be heated other than by the influent. The temperature of lagoon contents will range from 60 to 110°F. Other nozzles and connections in the cover will depend upon piping connections and instrumentation. The covered lagoon will be monitored by instrumentation for liquid level, liquid pH, liquid temperature, and biogas pressure. The covered lagoon will be protected from over pressurization by pressure relief valves and via vacuum by vacuum relief valves. The lagoon is estimated to be cleaned of settled solids every 7 to l0 years. C. Biogas Generation Water saturated biogas is discharged from the top of digesters to the collection and delivery manifold system. The biogas collection system will use sloped collection lines and condensate recovery. The biogas is compressed for delivery into the Biogas Upgrading System (BUS). The BUS acts upon the biogas to separate CO2, H2O, H2S and other impurities in the biogas from the methane. The separated methane is sent through a unit to remove any residual oxygen and then to the pipeline. Residual gas, composed of mainly of CO2, N2 and a small percentage of H2S is sent through a biological scrubber for H2S removal. Clean methane goes downstream separately from the tail gas, is dehydrated as may be needed to meet pipeline quality requirements, compressed to pipeline pressure (up to approximately 1200 psig), then cooled to 120 degrees F after which this methane is injected into the Colorado Interstate Gas Pipeline. Biogas not utilized by the BUS is diverted to a flare system for incineration. Biogas pressure in the digesters is controlled by diaphragm -type back pressure regulators connected to the flare system. The projected biogas production at 64% CH4 content (from the anaerobic digesters only, not including the downstream anaerobic lagoon) is 6,400,000 scfd (standard cubic foot of dry gas). At an estimated LHV (Low Heat Value) of 565 Btu/ft3 of biogas results in the production on average of 3,600 MMBtu/d. Since biogas methane composition can reach 67% and the gas clean up system is expected to reach a capacity factor that may lead to greater gas recovery, average gas production may approach 4,000 MMBtu /d. AGPROfessionals LLC 35 Portland Renewable Energy pecien and Operations Plan 1. Biogas Characteristics As the feedstocks in the slurry mix are digested, they produce a biogas that is comprised of primarily methane and carbon dioxide, with minor contributions of hydrogen sulfide, water vapor and particulate matter. Raw biogas from the digesters will have the following characteristics: Table 4.1. Biogas Characteristics Parameter Biogas Flow CH4 Concentration CO2 Concentration H2O Concentration H2S Concentration Biogas Density Heat Value (LHV) Digester Pressure Digester/Biogas Temperature Units Design Point Range SCFM 4,500 1,500-5,500 % Volume 62 55 - 70 % Volume 32 30 - 50 % Volume 5 0 to 7.5 (saturated at 125°F / 50°C) ppm 1000 0-4000 lbs / SCF 0.077 0.065-0.080 BTU / 565 500-700 SCF in. of W.C. 10 5-20 °F/°C 125/52 120-130 2. Biogas Handling and Conditioning a) General Biogas produced by the digesters will be collected via a biogas header. Pressure will be provided by the digesters themselves. Biogas produced by the covered lagoon will be removed by a blower system and then discharged into the biogas header line. Pressure regulation/control will be required to match the digester operating biogas pressure and the covered lagoon blower discharge pressure. Sediment traps, condensate collection tanks, and/or drip traps will be located at low points in the biogas collection laterals as well as the header. b) Biogas Handling and Conditioning for Sale The gas processing system will collect biogas from individual digesters and produce pipeline - quality methane by subsequent removal of unwanted components in the biogas. Normally, the collected biogas will go to the gas conditioning or gas treatment and compression system. The BUS will be used to remove water, carbon dioxide, and H2S contaminants in the biogas. In the BUS system, water vapor as well as H2S, siloxanes, VOCs and CO2 are removed to meet the quality requirements of the RNG purchaser. The RNG will then be compressed to meet the pressure requirements of the RNG purchaser. The BUS and compression system will be fully automatic. The RNG quality and pressure requirements of the RNG purchaser are given in the table below AGPROfessionals LLC 36 Heartland Renewable Enemy Desian and Oneradons Plan Table 4.2. Conditioned Sales Gas Pipeline Specifications Gas Concentration CH4 Concentration % mol CO2 Concentration % mol H2O Concentration Lb/mmscf H2S Concentration PPM O2 % mol N2 % mol Inlet Pressure (to be confirmed) Psig Inlet Temperature F Units Pipeline Specification >97.5 <1 <7 <4 <0.1 n/a >1000 60-100 Prior to sale to the RNG purchaser, the RNG will be automatically monitored at least for Btu value, H2S, moisture, and pressure. Compressed RNG flow will also be monitored. If any of the quality requirements are not met, a valve will close, the RNG compressor will be stopped and all RNG will be diverted to the biogas flare. Tail gas or vent gas from the BUS will be sent to a biological scrubber to remove H2S. Blowdown from the H2S scrubber will contain H2SO4 in liquid form and will be pumped to the existing onsite storage ponds. Blowdown from the scrubber system is a small fraction of the total water directed to the lagoons. A multi -stage reciprocating compressor will boost the resulting dry gas (clean methane) pressure to as high as 1200 psig prior to discharge into the Interstate Pipeline tap (the tap includes valving, control equipment, and a gas flow meter provided by the pipeline operating company through which the clean methane passes as it enters the pipeline). c) Biogas Disposal In the event that the RNG does not meet the RNG purchaser quality requirements, the biogas conditioning system is not in operation, or there is excess biogas, biogas will be sent to a flare. The biogas flare will handle 1 10% of design biogas flow with a destruction efficiency to meet the air permit requirements. The flare will be fully automatic with automatic ignition (using pilot fuel) and have minimum online monitoring of inlet pressure, pilot status, pilot fuel inlet pressure, and flame temperature. The pilot fuel will be natural gas, RNG or LPG (Liquefied petroleum gas). The system consists of a valve and piping skid, 5-adsorber vessels and separately skid mounted vacuum pumps. Buffer tanks are to be placed on certain lines to provide surge volume for smooth flows. AGPROfessionals. LLC 37 Hrnnlend Renewable Enemy Design and Oterations Plan D. Byproducts 1. Sulfur H2S (hydrogen sulfide) is created in the biogas production from the digesters. Based in part on analyses of feed materials and water that will be used in the digester system's operation, HRE expects the biogas exiting the digesters to contain on average of 800 parts per million (volume basis) of hydrogen sulfide. 2. Carbon Dioxide The carbon dioxide, a primary component of the biogas generated is extracted from the methane after a compression process. The BUS successfully removes the majority of the CO2 from the biogas and produces only a small portion of CII4 in the residual gas. The composition of the residual gas after being passed through the biological scrubber (approximately 1.3% CH4 and 25.3% CO2, and minimual H2S) allows for release to the atmosphere without further control. 3. Process Heating Hot water for heating the anaerobic digesters, dosing/feed tanks, and substrate storage tanks will be provided by a total of one or two boilers. The boiler(s) may use LPG, NG (natural gas) or RNG as fuel. Hot water temperature should not exceed 150°F when used in a hot water to liquid exchanger, or when used in a radiant heater, to minimize "cooking" the biomass or organic substrates on the heated surfaces. Heating the digesters will be accomplished utilizing internal hot water heating coils. Hot water will be in a loop system with hot water from the boiler(s) going to the substrate tanks, dosing/feed tanks, and anaerobic digesters (hot water supply) and the "cooled" water (hot water return) will be returned to the boiler(s). Makeup water will be added as needed to replace blow - down and other losses. Chemicals will be added for corrosion control. The heating system will be designed for both the minimum summer heating load and the maximum winter heating load. Summer and winter ambient temperatures will be as defined in the applicable building codes or in ASHRAE. The maximum winter heating load will have a 10% safety factor added. E. Materials Storage 1. Gas The total volume for containment of material within one digester is calculated to be approximately 1,280,000 gallons which will produce a total of 6,400,000 scfd (standard cubic foot of dry gas) for five digesters. The total amount of biogas generated daily is projected to be approximately 7 times the volume capacity of the digesters. Under normal operating conditions the biogas that is generated will be withdrawn and processed for delivery to the gas pipeline at a rate such as to maintain the total volume and containment pressure within each digester at near constant values. AGPRofessionals. LLC 38 Heartland Renennble Energy Dceian and Operation Platt No conditioned renewable natural gas will be stored at the facility. 2. Soil Amendment The facility is projected to produce up to 400 cubic yards of soil amendment per day at 70% moisture. The amount produced is dependent on the efficiency of the system in converting biomass to biogas. The facility expects to have up to 3 months of inventory depending on time of year due to the seasonal variation in demand for the product. Total inventory onsite would average approximately 36,000 cubic yards. The soil amendment is planned to be sold as a finished compost, including selling in bulk to large agri-products businesses that have developed distribution channels for related materials, or on farm applications. The site layout plan depicts specific location(s) of soil amendment storage area(s). Also included in the appendices are several sample analyses of the amendment, taken from similar digester facilities. The sample labeled PT1 is a wet soil amendment and PT2 is a dry soil amendment (See Appendix U). AGPROfessiona1s. LLC 39 Heartland Renewable Enemy Design and Operations Phil 5. Other Permits / Agencies A. Weld County Special Use Permit #1704 and Certificate of Designation Granted July21, 2010 • Resolution for permit #1704 stated by the Board of County Commissioners of Weld County, Colorado, that the application of Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC for a Site Specific Development Plan and Use by Special Review Permit #1704 for a Solid Waste Disposal Site and Facility (including Class I composting, an animal waste recycling or processing facility [an anaerobic digester -based renewable energy plant- gas]), along with a Concrete Batch Plant to be used for construction of the facility, in the A (Agricultural) Zone District, including the Certificate of Designation on the parcel of land described above be, and hereby is granted subject to listed conditions. • All required local permits will be applied for and conditions outlined in the above USR be satisfied prior to facility construction and/or facility start-up. B. Water Quality • NPDES General Permit, Industrial Discharge Permit or a beneficial reuse permit as applicable. C, Air Quality Permits • Air Pollutant Emission Notice (APEN) and Application for Construction Permits. • Self -Certification for compliance and application for a final approval permit. 1. Expected Air Permit Type: Minor Source Air Permit The Weld County Heartland Anaerobic Digester Project is projected to be a minor source of air emissions, and is anticipated to require a minor source air permit. Colorado regulations note that an air emissions source is minor if it can be proved that emissions of criteria air pollutants will be less than 100 tons per year (http://www.eea-inc.com/rrdb/DGRegProject/States/N'ewsite/ COrevised.html#emission). The APEN application is being submitted to the Air Quality Division for approval concurrently to the Engineering Design and Operations Plan. De Colorado Department of Agriculture The facility will adhere to the CDA's testing and labeling requirements as applicable for compost or soil amendments. AQPROressionals. LLC 40 Headland Renewable Energy Design and Operations Pisa 6. General Operation A. Employees/Staffing 1. Employee Training All facility personnel will acknowledge review and understanding of the Design and Operation Plan and will dutifully follow the requirements set forth. Facility personnel will meet all respective safety training requirements as established by Heartland Renewable Energy, LLC, and the facility operating company, and the Occupational Safety and Health Administration. All staff will be required to pass a drug test and background check, as well as have a valid driver's license with a good driving history. Staff will be required to have the training/licensing before operating any mobile equipment and other specialized handling and processing equipment. Facility personnel will be required to participate in routine safety training related to facility operation and materials handling. 2. Staffing a) Staffing Requirements for Daily Activities Daily activities will consist of • receiving, storage and processing of waste streams • maintenance and repair of all equipment • shipping of by-products • record keeping/monitoring of operations The maximum staff loading will be on the day shift when most onsite materials handling of the soil amendment, materials for recycling or disposal, and scheduled maintenance and repair of equipment will be performed. Management, administration, laboratory, substrate coordination are also expected to occur during the 8 hour day shift. All other staff will be on 12 -hour shifts and cover both day and night shifts. AOPROfessionals LLC 41 Heartland Renewable Faty Design and Operations Plan Activities on the site will occur 24 hours per day, 7 days per week, and 365 days per year. The estimated staffing levels are as follows: Table 6.1. Staffing Requirements Personnel Plant Manager Shift Charge Engineer Plant Operator Spare Operator Maintenance Team (fitter, welder and electrician) Feedstock Operators Sample Lab Technician Day Night I (extended day Mon —Fri, Sat am) 1 (part time) 0 0 I 0 0 Plant Administrator/Substrate 1 0 Coordinator Maintenance Manager 1 0 The following is the total projected facility staff with job classification and description of responsibilities. Number of employees onsite on a daily basis is expected to be approximately nine employees, and allowances are made for day -off schedules. i. Plant Manager The Plant Manager develops work schedules and records of work activities, procedures, and guidelines for material receiving, scheduling of materials delivery, materials processing, and treatment and maintenance operations. The plant manager maintains and enforces facility policies and procedures, and environmental standards and compliance. This position supervises the operations and maintenance of the facility. The Plant Manager is responsible for directing and supervising personnel to ensure the facility is operated and maintained in a clean, safe and efficient manner. Required: Three years working as a Plant Manager in the power, wastewater or waste to energy field. Bachelor's degree in engineering or equivalent experience in the field. ii. Shift Charge Engineer The Shift Charge Engineer serves as the Plant Manager's representative during periods when the Plant Manager is off -site. This position directs activities of Plant Operators and Materials Handlers and serves as Plant Operator in the absence of said Operator. The Shift Charge Engineer trains shift personnel in safety procedures, equipment use, and facility operations. The Shift Charge Engineer is responsible for enforcement and administration of lockout/tagout procedures, confined space entry program and monitoring, as well as other safety and environmental requirements to assure safe working conditions. This position monitors the facility operation control system and takes corrective action as required to maintain facility AGPROfessionals LLC 42 Heartland Renewable Energy Design and Ontrations Plea operation in safe condition. The Shift Charge Engineer performs other administrative duties such as conducting performance appraisals, disciplinary forms, accident and equipment damage reports, approval of timesheets, and documentation of attendance and tardiness, materials control documentation, and maintenance of facility security. He/she maintains an accurate log of facility operations, activities, and events. Required: Five years experience in the field with at least 2 years working as a plant supervisor. Associates degree or equivalent experience preferably in the wastewater, waste management, or waste to energy operations. iii. Plant Operator The Plant Operator reports to the Shift Charge Engineer. This position requires mechanical and observation skills sufficient to perform varied mechanical tasks safely. Responsibilities include monitoring, and safely operating equipment used to receive and process feed materials including augers, grinders, pumps, mixers, mixing tanks, heating systems and heat exchangers, valves, and sieves. The Plant Operator monitors and safely operates equipment to dewater/clean soil amendment and grit. The Plant Operator performs scheduled maintenance on digester system including repairing valves, sensors, gas flaring system, and dewatering equipment for soil amendment. Additional responsibilities may include regular inspections of gas compression, and other equipment and implementation of repairs by service technicians as required. The Plant Operator may perform other duties as required and may relieve the Shift Supervisor of control room operation when required. Required: High school diploma and skills and technical knowledge of water, wastewater treatment, or waste to energy facility operation attained by specialized courses and on-the-job training. One to two years directly related work experience in water, wastewater, or waste to energy operations. May require certification in water, waste treatment specialty, or other specialty. iv. Spare Operator The Spare Operator reports to the Shift Supervisor. This position is responsible for maintenance of the wastewater treatment system including preventative maintenance and repair of equipment, monitoring of water quality and chemical treating, as well as water storage systems and laboratory testing of incoming materials. This position ensures all water related systems are operating safely, efficiently, reliably, and in compliance with state and federal regulations, and protection of employee and public health and safety. The position may include other responsibilities such as those of Plant Operator — Mechanical as directed by Shift Supervisor. Required minimum qualifications: High school diploma and skills and technical knowledge of water or wastewater treatment facility operation and maintenance attained by specialized courses and on-the-job training. One to two years directly related work experience in water, wastewater, or waste to energy operations. May require certification in water or wastewater treatment specialty. AGPROfessionals. LLC 43 Heanland Renewable Enemy Design and Operations Plan v. Maintenance Team Reports to Shift Supervisor. Responsible for maintenance of all operational systems within the facility including preventative maintenance and repair of equipment. This position requires proficiency in the assembly and adjustment of machinery, welding and operations and repairs in electrical equipment. Required: High school diploma with skills and technical knowledge attained by specialized courses and on-the-job training in the operation of specialized equipment. May require training and certification related to operation of specialized equipment. vi. Feedstock Operators Reports to Shift Supervisor. Assure orderly and safe transfer of feed material from haulers to storage tanks or containment vessels. Load trucks/containers with waste materials for recycling or disposal. Windrow soil amendment for drying and operate equipment for turning and processing material as well as load trucks transporting finished "dried" soil amendment to customer. Assist with general maintenance duties at facility including washing down and cleaning equipment, grounds maintenance, collecting samples for testing and calibrating equipment. Perform other duties as instructed by Shift Supervisor. Required: I ligh school diploma with skills and technical knowledge attained by specialized courses and on-the-job training in the operation of specialized equipment. May require training and certification related to operation of specialized equipment. vii. Sample Laboratory Technician Performs laboratory tests in order to produce reliable and precise data for quality and nutrient content analyses, carries out routine tasks accurately and follows strict methodologies to carry out analyses. Receives, labels and prepares samples. Maintains and operates standard laboratory equipment such as centrifuges, drying ovens, titrators, pipetting machines and pH meters. Stocks laboratory supplies. Records results and reports information to supervisors. Uses computers and performs mathematical calculations for the preparation of data and graphs. Follows strict safety procedures and safety checks. Required: High school diploma with skills and technical knowledge attained by specialized courses and on-the-job training in the operation of specialized equipment. May require training and certification related to operation of specialized equipment. viii. Plant Administrator/Substrate Coordinator Procures and coordinates deliveries of feedstock inputs. Manages input volume flows of feedstock and plans for balanced flow based on digester rate of functioning with supply and demand of feedstock commodities. Required: High school diploma and skills and technical knowledge of water, waste water treatment, or waste to energy facility operation attained by specialized courses and on-the-job training. One to two years directly related work experience in water, wastewater, or waste to energy operations. May require certification in water, waste treatment specialty or other specialty. AGPROfcssionals, LIE Headland Renewable Enerav Design and Owaalions Plan ix. Maintenance Manager Oversees and coordinates the essential functions of the maintenance team. Schedules preventative maintenance for all facility equipment, cleaning and light repairs, and work orders. Coordinates major repair work with third party contractors. Supervises maintenance team employees and coordinates with Plant Manager on safety training and facility operations timing. Required: High school diploma with skills and technical knowledge attained by specialized courses and on-the-job training in the operation of specialized equipment. Two years Supervisory experience required. May require training and certification related to operation of specialized equipment. B. Civil Engineering The facility includes one building with maintenance/workshop, office, laboratory, control room, personnel locker rooms, and bathrooms and one building for the MCC (Motor Control Center) and other electrical equipment. Buildings will be either pre-engineered metal buildings, constructed of concrete masonry units or precast concrete. Building materials in corrosive areas will have coatings suitable to prevent deterioration. All buildings include required and customary HVAC (Heating, Ventilation and Air Conditioning), fire protection, lighting, electrical power and communication systems. The facility buildings will have a modem commercial building architectural finish. Shelters (roof and floor but no walls) will be provided for substrate unloading and dewatered solids storage. The shelters will be constructed of metal with protective coatings suitable for corrosive areas. The shelters will have adequate lighting and electrical power. The concrete floors will be designed for heavy truck traffic. Roof heights will be adequately designed to allow dump trucks, tanker trucks, and rubber -tired front cnd loaders to maneuver within the structure. All facility roads will be compacted gravel, suitable for the anticipated truck traffic volumes. Designs will plan for the efficient and safe movement of vehicles and pedestrians on the site. On -site parking for employees and visitors will be provided in gravel paved parking areas. Vehicular pathways are planned to occur in one way traffic flows. Feedstock truck traffic areas will be segregated from light vehicle traffic flows. Substrate and manure unloading areas will be constructed of concrete with drainage to direct spill and rainfall run-off collection to certified lined lagoons. The concrete areas will be engineered for heavy truck traffic. Substrate storage tanks, dosing tanks, and anaerobic digesters will be diked for spill containment. Minimum storage volume will be the volume plus 10% of the largest tank within the diked area plus the 25 year -24 hour rainfall event. Non -paved areas will have ground cover suitable for arid climate. Ground cover will not require irrigation, but will not generate dust. The site will be graded for adequate drainage away from the buildings and process areas. AGPROfessionals. LLC 45 Heartland Renewable Rne+gv nesian and Operations Plan C. Instrumentation and Controls The SCADA system will monitor operations data on a constant basis. The plant is to be designed for automatic operation from a central Control Room. The plant will also be capable of remote monitoring and limited control through the internet. All equipment will be able to be monitored and operated locally or remotely at the facility control room. The control system will also allow remote operation and monitoring by any authorized person with an internet connection. The facility control room will be able to access all operating parameters, and alarms will sound locally and in the facility control room. All systems will have the capability to run in unattended automatic mode. The control system will collect all operational data as well as other key system data. This automation system will function in a manner that allows this data to be accessible via the control screens in numerous formats. the system will be capable of automatically generating reports over any operational specitied.time period interval as well as a weekly operational summary that provides key parameters. The main control system will consist of control panel with NEMA (National Electrical Manufacturers Association) 4X stainless steel enclosure if located in process or biogas area or NEMA 12 if located in non -rated clean, dry office area, human machine interface, PLC (Programmable Logic Controller) and SCADA (Supervisory Control and Data Acquisition). The main control panel will be accessible and communicate with a local operator computer system. The main control system will have expansion space available for at least 20% of each type of input and output. Both computers will have software allowing for local and remote access to the main control system. Local control panels (LCP) for various equipment are acceptable, but will be physically connected (i.e., no wireless) to the main control panel. Local control panels for major system components (e.g., biogas conditioning and compression system) or human/machine interface (HMI) panels for input (e.g., scale, manure pits, substrate unloading) will be placed in locations convenient for operator or supplier usage. The LCPs and HMIs will consist of control panel with NEMA 4X stainless steel enclosure if located in process or biogas areas or NEMA 12 if located in non -rated clean, dry office area. The LCPs and HMIs will be connected to the main control panel. The control system requires minimum operator assistance for: • Supervision and control of common services facilities for the plant • Start up, normal operation; connection to the pipeline and unit shut down under both normal and emergency conditions, including remote operation of all sub systems at the control room work stations • Automatic control during abnormal operating conditions that may endanger the safety of the plant or personnel • Supervision and control of plant auxiliary electrical equipment AGPROfessionals td,C 46 Heartland Rene able Energy nesien and Operations Platt Monitoring of receipt, sampling and unloading feedstock is made available in the office/control room. Site security is monitored by use of a CCTV (Closed Circuit Television) system, linked back to the control room. The same system will be used to assist in controlling and monitoring entry to the site and in effective operation of the facility, e.g. in monitoring feedstock receiving stations and solids separation. D. Maintenance Maintenance tasks under normal operating conditions are expected to primarily be preventative maintenance and light repairs, carried out by the maintenance team, or, when necessary, the plant operator. Major repair work will be carried out by contractors if and when required. The interval between planned major maintenance activities is expected to be done once a year for the majority of the plant. The plant is designed and constructed to be easily maintainable with suitable access to all plant items that require operator and maintenance access, such as isolation valves, pumps, motors, filters, and other items requiring regular replacement. Clear access ways for forklifts, portable cranes, and other lifting/carrying equipment will be provided. Lifting beams with hoists should be located above heavy equipment with rotating or moving parts, such as pumps, blowers, and compressors not easily accessed by forklifts or portable cranes. E. Back-up Systems, Safety and Emergency Response Plans 1. Dump Flares The project has a flare that will be used if the BUS is undergoing maintenance or if the valve for the sale of gas is shut so no gas will go to the common carrier pipeline. The flares provide for the combustion of 100% of the biogas being produced by the HRE facility should an emergency situation occur (such as a fault in the interstate gas pipeline that precludes injection of HRE's product gas). 2. Electrical System Safety Designs Electrical area classification will be per the latest edition of the National Fire Protection Association (NFPA) 820 Standard for Fire Protection in Wastewater Treatment and Collection Facilities and other applicable building codes. Electrical power will be obtained from the local electrical utility. There should be a direct feed with separate transformer and meter from the dairy. The electrical system will be based upon 480V, 3 phase and 120 V, single phase. Motors will have a minimum 1.15 safety factor. Minimum is Totally Enclosed Fan Cooled (TEFC) unless required by the local building code (or other safety code) to have higher rating, such as explosion -proof. All motors above 2 HP will be designed for use with variable frequency drive/controller (Class F or higher insulation) unless the proposed application does not allow such use. In general, all motors above 1 HP will be 480V, 3 phase. AGPROfessionals. LLC 47 licanland Rcne, ublcEnergy Design and t ,nations Plan The balance of the facility employs standard power plant equipment including water supply and treatment, domestic wastewater handling or treatment, uninterruptible power supplies, lighting, fire protection, security, communications, workshop, storage, and instrumentation. All facility infrastructure will be designed to satisfy relevant codes and standards. 3. Fire A Fire Protection Plan is detailed (See Appendix V). 4. Other Additional emergency response procedures will be designed and implemented prior to facility start-up. Procedures and personnel will be in place to address mitigation of all emergencies and implement control measures 5. Emergency Contact Information Emergency contact phone numbers provided on the site include: • System operator (To be determined after start-up) • Facility manager (To be determined after start-up) • Facility owner: Heartland Renewable Energy: Jim Potter contact: 603-475-5914 • Local emergency responders: 911 Fire: 970-284-6336 Ambulance: (970) 353-5700 Police: (970) 284-5541 • Utility companies affiliated with the digester Poudre Valley Rural Electric Association: 800-432-1012 Central Weld County Water: 970-352-1284 Colorado Interstate Gas: 877-712-2288 6. Contingency The Contingency Plan is included in the (See Appendix W). The plant will also incorporate features to control noise, odor, dust, litter and pests. Spill protection and containment, and fire protection systems will be incorporated to ensure that operation of the plant is both safe and minimizes the impact on the local environment of the plant operations. AGPRoressionals 48 }learlland Renewable Energy De ian and Ooeraliwu Plan 7. Documentation, Records & Reporting A. Recordkeeping The following records, at a minimum, will be maintained on -site: 1. Type and amount of feedstocks, liquid wastes, and bulking materials received, processed, and remaining onsite 2. Amount of by-products sold or distributed off -site 3. Water quality monitoring data 4. Waste stream analysis 5. Operational monitoring data 6. Financial Assurance 7. Design and Operations plan 8. Certificate of Designation 9. Facility personnel training 10. Maintenance plans/schedules 11. Records supporting the mechanism to preclude acceptance of any hazardous or unacceptable wastes 12. Leak detection reports (if applicable) B. Reporting The operator will maintain records of all air emission stack tests and continuous monitoring results for facility operations as required within the respective permits. These records will be maintained onsite and available to the Department or local authority upon request. The operator will submit an annual report by May 1 of each calendar year to the Department and Weld County. The annual report will provide total volumes of materials received at the facility during the previous calendar year. Leak detection reporting will be provided as described in the Contingency Plan (See Appendix W) and Ground Water Monitoring Plan (See Appendix K). AOPROfcssionals. LLC 49 }bemire Renewable EneMMv Design and Qyelalions Plan 8. Nuisance Control & Environmental Management A. Dust Should nuisance dust conditions arise, dust suppression equipment or methods will be implemented for optimal control of nuisance conditions. Nuisance dust generation will be mitigated by improved surfaces for vehicle use and reduction of non -vegetative areas. Dust control processes will include, but not be limited to, application of water to traffic areas, reclamation of bare ground which may develop over time, and reduction and control of dust generating operational activities. B, Odor The Odor Management Plan is provided (See Appendix X). C Windblown Materials & Debris The site will be fully enclosed with fencing, which will prevent any windblown material or debris from leaving the site. If there is any accumulation of debris along the site perimeter, it will be removed from the fencing, and hand collected if refuse was to exceed the site perimeter. D. Pest Control Pest control on this facility will be managed by utilizing best management practices to minimize habitat and reduce available food supply. Standing water, weeds and grass, manure or compost stockpiles are all prime habitat for pest reproduction and protection. These areas will be reduced or eliminated where practical and as needed. Baits and chemical treatments, although a last line of defense, are very effective. Selective placement of traps and baits may periodically be used to help manage any rodent or fly populations. Regular cleaning of processing areas will help reduce pest food sources. AGPROfessionals. LLC 50 and 9. Temporary Shutdown and Permanent Closure A. Shutdown A planned shutdown for one or more of the anaerobic digesters will involve stopping feed to and heating of the digester(s). The digester(s) will be drained into the covered lagoon or directly to one of the uncovered storage lagoons. For shutdown of other Facility components, spares or bypasses will be placed into service before shutting down/turning off the designated component. When the biogas conditioning system is taken out of service, all biogas will need to go to the biogas flare and boiler. B. Operational Maintenance & Temporary Closure In the event of an emergency shutdown or temporary closure, the digesters themselves will continue to produce gas. The SCADA system will detect any upset events and immediately respond with alerts and an alarm page to the appropriate on -call personnel. In the event of a malfunction with the gas system, the SCADA system will automatically re -direct the flow of gas to the dump flares. The dump flares are designed to handle 110% of total production and will combust the methane gas and release the CO2. C. Temporary Closure In the event of poor economic or market conditions it may be necessary for HRE to suspend operation of the facility. At such time that operations are suspended, the Closure Plan will be implemented. If operations are suspended for more than 180 days, HRE will notify CDPHE and Weld County and begin the implementation of the Closure Plan in accordance with 6 CCR 1007-2 Sec. 14.8.2 to maintain safe environmental conditions. HRE will provide CDPHE and Weld County written notification within fourteen (14) calendar days of commencing the implementation of the Closure Plan in accordance with 6 CCR 1007-2 Sec. 14.8.4. HRE will provide CDPHE and Weld County written notification within thirty (30) calendar days documenting that all of the requirements and conditions of the Closure Plan have been achieved in accordance with 6 CCR 1007-2 Sec. 14.8.5. Following the closure of the facility a notation will be placed on the property deed notifying any potential purchaser that the property has been used as a composting facility in accordance with 6 CCR 1007-2 Sec. 14.8.6. The following closure tasks will be completed within ninety (90) days unless an extension is granted by CDPHE and Weld County. An extension request would be necessary if the closure will take more than ninety (90) days for HRE to complete all necessary measures to prevent threats to human health and the environment. 1. Removal of Residual Materials from Facility All stored raw materials including manure, FOG, and food waste will be used in the digestion process to completion. All digester activity will continue until the flow process is completed and the digesters are empty. The HRE site has a capacity of 73,000 yds3 per year of total finished AGPanfessinnals. t.L.C 51 Heartland Renewable Enemy Design and Operations Nan compost material. All of the finished material will be marketed and sold until removed. All finished compost will be removed from the site within 90 days unless prior written authorization is given by Weld County and CDPHE. 2. Removal of Residual Materials from Digesters and Storage Tanks After all digester processing activities have been completed, each digester vessel and all storage and process vessels will be cleaned of any environmental hazards. The cleaning process will include washing the walls, floors, and any mechanical apparatus within the vessel with a high pressure water system or a high volume water system. The resulting wash water will be pumped to the effluent storage pond. 3. Removal of Compost Debris from Surface Soils in Windrow Areas All finished compost debris material will be removed from surface soils. 4. Stormwater Pond, Reject Storage Ponds, Effluent Storage Ponds and Dilution Water Pond During the closure process, water contained in the effluent storage pond will be utilized as fluid for the digestion process. Any water remaining in the effluent storage pond upon completion of all digestion processes will be pumped to effluent evaporation ponds. All water remaining in the stormwater pond after facility closure will be used for land application, both within the facility, or on third -party land application sites as permitted for and outlined in the facility's discharge permit(s). The ponds and pond liners will be maintained for a period of five (5) years following the temporary shut -down of the facility. Maintenance will include periodic dewatering of stormwater from each pond and maintenance of the pond liner integrity. D. Permanent Closure At the end of the five (5) year temporary shut -down the facility will be permanently closed. The following procedures will be followed to complete the permanent closure. A Financial Assurance Plan is provided to detail closure costs and associated closure plan (See Appendix Y). 1. Stormwater Pond, Reject Storage Ponds, Effluent Storage Ponds and Dilution Water Pond Following the de -watering of all impoundments, the respective synthetic liners will be removed and disposed of in an approved sanitary landfill. The excavated area of each impoundment will be backfilled with existing native soil and graded to blend into the topography of the surrounding area to prevent ponding of stormwater. 2. Re -Seeding of Disturbed Surface Area The surface area of the facility's tillable acres will be ripped once to loosen the soil and then disked once to break up clods and smooth the surface to produce a seed bed. The ripping and 4GPROfe ton's. LI.C 52 Ileanland Renewable Envav Design and Oaeralions Plan disking of the soil will remove the "hard pan" layer, a thick, compacted layer of soil that develops and hardens over time. The loosened soil will be used for re -vegetation of the site. The compacted clay surface area will be disked to produce a seedbed. A dryland grass mix, including winter rye or oats cover crop will be cross -drilled into the seedbed. 3. Removal of the Digesters At the end of this five year period, if permanent facility closure is eminent, the digesters will be thoroughly cleaned via high pressure water wash and chemical decontaminating agents. The digesters will remain onsite for sale and utilization by a future business. 4. Post Closure Care Following permanent closure of the facility, HRE will conduct post -closure care in accordance with 6 CCR 1007-2 Sec. 14.9.1 by monitoring the site. HRE will inspect and maintain the ground cover and vegetation indicated in the Closure Plan and will submit an annual report to CDPHE and Weld County detailing post -closure care activities during the prior year. In conjunction with the post -closure care, HRE will maintain the facility to meet the Use by Special Review and Weld County development standards, including building and facility maintenance, weed control and facility security. The post -closure care and maintenance period will be for a minimum of five (5) years unless HRE, after consultation with CDPHE, demonstrates that the reduced period is sufficient to protect human health and the environment in accordance with 6 CCR 1007-2 Sec. 14.9.2. In accordance with 6 CCR 1007-2 Sec. 14.9.3 following completion of the post -closure care period HRE will submit a certification signed by an independent Colorado registered Professional Engineer for approval by CDPHE and Weld County verifying that post -closure care has been completed in accordance with the post -closure plan and has been placed in the operating record. AGPR0fessionals. LLC 53 List of Appendices Appendix A: Process Flow Diagram Appendix B: Legal Description Appendix C: Vicinity Map Appendix D: Proposed Site Layout Appendix E: Existing Site Map Appendix F: Easement Map Appendix G: Custom Soils Report Appendix H: Flood Plain Map Appendix I: Well Map and Well Registrations Appendix J: Monitoring Well Installations Appendix K: Groundwater Monitoring Plan Appendix L: Preliminary Geotechnical Report Appendix M: Preliminary Drainage Report Appendix N: Secondary Containment Calculations Appendix O: HDR Process Flow Diagrams and Cross Sections Appendix P: List of Acceptable Feedstock Substrates Appendix Q: Waste Characterization Plan Appendix R: Sampling Appendix S: Material/Tanks Sizing Summary Appendix T: Equipment Summary Appendix U: Sample Results Appendix V: Fire Protection Appendix W: Contingency Plan Appendix X: Odor Management Plan Appendix Y: Financial Assurance Appendix Z: Ground Water Potentiometric Maps Appendix AA: Action Leakage Rate Calculations Appendix AB: Commercial Small Capacity Well Permit Appendix AC: Flexible Wall Permeability Test Appendix AD: Appendix AD HDPE Pipe Sizing Calculations Appendix AE: Waiver Request and CDPHE Approval Letter Heartland 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 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. 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: 1. 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. 4. Dewatering and Processing timing Typically air rises in the morning and sinks in the evening. Heartland Renewable Energy will consider weather conditions and prevailing wind direction to minimize odors from soil amendment turning activities. Typically, odorous activities will be timed for early mornings. = v ENVIRON ENVIRONMENT & HEALTH Tammi Van Til Madison Consulting LLC tvantil@comcast.net HYDROGEN SULFIDE DATA Dear Ms. Vantil, I've reviewed the hydrogen sulfide (H2S) data collected at or near the Heartland Biogas facility dated September 2, 2016 - December 4, 2016. The mean H25 air concentration measured of 13 ppb is well within mean ambient H2S levels of 0.8 - 65 ppb reported in the literature. These levels are not associated with toxicity in humans. Yours sincerely Angela Harris Senior Manager 10 D +1 501 9079435 M +1 870 8830997 AHarris@environcorp.com C:\Users\aharris\Documents\Heartland Biogas\Work Product\Letter 12-13-2016.docx 1/1 Date December 13, 2016 Ramboll Environ 124 West Capitol Avenue Suite 1605 Little Rock, AR 72201 USA T +1 501 907 9436 www.ramboll-environ.com EXHIBIT 10 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NUMBER: 12WE3172 Issuance 2 DATE ISSUED: January 20, 2016 ISSUED TO: Heartland Biogas, LLC THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Anaerobic Digester facility, located in SE quarter of Section 25 T4N, R65W, in Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Facility Equipment ID AIRS Point Description Boilers 001 Two (2) Clever Brooks Model LFX Fuel Series 700 size 1000 boilers each rated at 12 mm btu/hr Serial Numbers: 010070-1-1 and 010070-1-2 Fueled by natural gas Subject to NSPS Subpart Dc Anaerobic Digester 002 Anaerobic Digester consisting of • Six (6) - 1.7 million gallon tanks • Covered anaerobic lagoon (CAL) — volume = 6 million gallons • Substrate storage tanks • Manure receiving pit • Water storage ponds • Solids separation centrifuge building and storage pit • 3 Biorem Biotrickling filter units connected in series. • AwiFLEX Cool process analysis system — used to monitor H2S emissions for demonstrating compliance with the emission H2S emissions limits. • Biogas Upgrading System • Biogas product compressors and gas pipeline interconnection The Anaerobic Digester process accepts manure and substrate to produce a raw bio gas containing methane, hydrogen sulfide and carbon dioxide. The biogas is processed through the Biogas Upgrading System which extracts methane for pipeline injection and a Biorem, H2S control technology system. Hydrogen sulfide emissions are controlled by three Biorem biotrickling filters connected in series. AIRS ID: 123/9A94/ Page 1 of 14 Version 2009-1 EXHIBIT 11 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division Facility Equipment ID AIRS Point Description Flare 003 John Zink Model ZTOF Biogas Flare, 13' diameter, 70' high (treats raw gas from anaerobic digester) Design basis 229 MM BTU/hr, maximum rated use of 201 MM BTU/hour Serial Number TBD Flare used whenever raw gas produced in the digester is not sent to the pipeline for shipment. Fugitive Dust 005 Fugitive Dust emissions from vehicle traffic THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: REQUIREMENTS TO SELF -CERTIFY FOR FINAL APPROVAL 1. YOU MUST notify the Air Pollution Control Division (Division) no later than fifteen days after commencement of operation under this permit by submitting a Notice of Startup (NOS) form to the Division. The Notice of Startup (NOS) form may be downloaded online at https://www.colorado.gov/pacific/cdphe/other-air-permitting-notices. Failure to notify the Division of startup of the permitted source is a violation of AQCC Regulation Number 3, Part B.III.G.1 and can result in the revocation of the permit. 2. Within one hundred and eighty days (180) after commencement of operation of the Anaerobic Digester, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit or enforcement action by the Division. Information on how to certify compliance was mailed with the permit or can be obtained from the Division's website at https://www.colorado.gov/pacific/cdphe/air-permit-self- certification. (Reference: Regulation Number 3, Part B, III.G.2). 3. Within one hundred and eighty days (180) after commencement of operation of the Anaerobic Digester, the operator shall complete all initial compliance testing and sampling as required in this permit and submit the results to the Division as part of the self -certification process. (Reference: Regulation Number 3, Part B.III.E.) 4. The owner or operator shall develop a revised operating and maintenance (O&M) plan to include the equipment as listed in this permit and a recordkeeping format that outlines how the applicant will maintain compliance on an ongoing basis with the requirements of this permit. Compliance with the O&M plan shall commence at startup of the Anaerobic Digester. Within one hundred and eighty days (180) after commencement of operation, the owner or operator shall submit the O&M plan to the Division. Failure to submit an acceptable operating and maintenance plan could result in revocation of the permit. (Reference: Regulation Number 3, Part B, III.E.) 5. Within thirty days (30) after commencement of operation of the Anaerobic Digester, the AIRS ID number shall be marked on the subject equipment for ease of identification. (Reference: Regulation Number 3, Part B, III.E.) (State only enforceable) AIRS ID: 123/9A94 Page 2 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division 6. The manufacturer, model number and serial number of the subject equipment shall be provided to the Division within one hundred and eighty days (180) after commencement of operation of the Anaerobic Digester (Reference: Regulation Number 3, Part B, III.E.) EMISSION LIMITATIONS AND RECORDS 7. Emissions of air pollutants shall not exceed the following limitations (as calculated using the emission factors included in the Notes to Permit Holder section of this permit). Annual records of the actual emission rates shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation Number 3, Part B.II.A.4) Quarterly Limits: Facility Equipment ID AIRS Point Tons per Quarter Emission type PM Mho PMZ,5 NO, SO2 VOC CO H2S 2 (two) Boilers 001 0.13 0.13 0.13 0.75 0.03 0.66 1.0 Point Anaerobic Digester 002 ---- ---- ---- 2.14 Point 1 (one) flare 003 1.0 8.5 0.74 5.3 0.09 Point Fugitive emissions 004 --- --- --- -- --- --- 0.003 Fugitive Fugitive dust 005 10 2.7 0.28 -- --- Fugitive TOTAL Point 0.13 0.13 0.13 1.75 8.6 1.4 6.3 2.24 Fugitive 10.0 2.7 0.28 ---- ---- ---- ---- ---- Annual Limits: Facility Equipment ID AIRS Point Tons per Year Emission typeEquipme PM PM10 PMZ,5 NO, SO2 VOC CO H25 2 (two) Boilers 001 0.5 0.5 0.5 3.1 0.1 2.63 3.9 ---- Point Anaerobic Digester 002 ---- ---- 8.56 Point 1 (one) flare 003 ---- 3.9 33.9 2.96 21.2 0.36 Point Fugitive emissions 004 --- --- --- 0.01 Fugitive Fugitive dust 005 39.8 10.74 1.07 --- -- --- --- Fugitive TOTAL Point 0.5 0.5 0.5 7.0 34 5.6 25.1 8.93 Fugitive 39.8 10.74 1.07 ---- ---- AIRS ID: 123/9A94 Page 3 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division See "Notes to Permit Holder #3" for information on emission factors and methods used to calculate limits. The fugitive dust emission limits are based on the production rates listed above. The Division assumes that the fugitive emission levels are being met if the control measures stated in the approved control plan are followed and the stated process rates are not exceeded. 8. The particulate emission control measures listed on Attachment A (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation Number 1.III.D.1.b. 9. The emission points in the table below shall be maintained and operated with the control equipment as listed. The emission control devices shall be inspected, monitored, maintained / renewed, and operated as per the manufactures' recommendations, and ensure the satisfactory performance of the devices. (Reference: Regulation Number 3, Part B.III.E.) Facility Equipment ID AIRS Point Control Device Controlled Pollutants Digester 002 Biotrickling filters H2S Digester 003 Flare H2S PROCESS LIMITATIONS AND RECORDS 10. This source shall be limited to the following maximum consumption, processing and/or operational rates as listed below. Annual records of the actual process rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B, II.A.4) Process/Consumption Limits Facility Equipment ID AIRS Point Process Parameter Annual Limit Quarterly Limit 2 (two) Boilers 001 Consumption of natural gas 229 MM scf 57.3 MM scf Anaerobic Digester 002 Production of raw biogas 2,738 MM scf 684.5 MM scf Production of methane (64% of raw biogas volume) 1,834 MM scf 458.5 MM scf Manure feed 73 MM gallons 18.25 MM gallons Substrate Feed (1) 172 MM gallons 43 MM gallons 1 (One) Flare 003 Combustion of raw biogas 180 MM scf (2) 45 MM scf (1) - a list of acceptable substrate materials is in Attachment B (2) — based on process throughput of 7.5 mmscf/day and 24 days of operation AIRS ID: 123/9A94 Page 4 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division STATE AND FEDERAL REGULATORY REQUIREMENTS 11. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be determined using EPA Method 9. (Reference: Regulation Number 1.II.A.1. & 4.) 12. This source is subject to the odor requirements of Regulation Number 2. (State only enforceable) 13. The boilers (AIRS ID 001) are subject to the New Source Performance Standards requirements of Regulation Number 6, Part A , Subpart Dc , Standards of Performance for Small Industrial — Commercial — Institutional Steam Generating Units including, but not limited to, the following: a. §60.40c Reporting and record keeping requirements (a). The owner or operator of each affected facility shall submit notification of the date of construction or reconstruction and actual startup, as provided by §60.7 of this part. This notification shall include: (1) The design heat input capacity of the affected facility and identification of fuels to be combusted in the affected facility (3) The annual capacity factor at which the owner or operator anticipates operating the affected facility based on all fuels fired and based on each individual fuel fired. 14. The following requirements of Regulation Number 6, Part A, Subpart A, General Provisions, apply: a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation Number 6, Part A. General Provisions from 40 CFR 60.11 b. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) c. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. d. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7 15. This source is located in an ozone non -attainment or attainment -maintenance area and subject to the Reasonably Available Control Technology (RACT) requirements of Regulation Number 3, Part B, III.D.2.b. RACT was determined to be no control due to the high cost per ton of pollutant removed. AIRS ID: 123/9A94 Page 5 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division OPERATING & MAINTENANCE REQUIREMENTS 16. The owner or operator shall develop a revised operating and maintenance (O&M) plan to include the equipment as listed in this permit and a recordkeeping format that outlines how the applicant will maintain compliance on an ongoing basis with the requirements of this permit. Compliance with the O&M plan shall commence at startup of the Anaerobic Digester. Within one hundred and eighty days (180) after commencement of operation of the Anaerobic Digester, the owner or operator shall submit the O&M plan to the Division. Failure to submit an acceptable operating and maintenance plan could result in revocation of the permit. (Reference: Regulation Number 3, Part B, III.E.) COMPLIANCE TESTING AND SAMPLING Initial Testing Requirements 17. Within 180 days after issuance of this permit, the owner or operator shall demonstrate compliance with Condition 11, using EPA Method 9 to measure opacity from the flare (AIRS point 003). The owner or operator of a flare shall use Reference Method 9 in Appendix A of 40 CFR Part 60 to demonstrate compliance with the opacity provisions of the applicable subpart. The observation period shall be 1 hour in duration. (AQCC Regulation Number 1.II.A.5) 18. Within 180 days after issuance of this permit, a source initial compliance test shall be conducted on the digester/scrubber/ biofilter (AIRS ID 002) to measure the emission rate for the pollutant listed below in order to demonstrate compliance with hydrogen sulfide (H2S) emission limit in permit condition 7. The test will last for a minimum of 24 consecutive hours to measure the emission profile throughout the operating day. Sampling of the incoming gas and the treated tail gas will take place at a minimum of every 3 hours during the test. The test protocol must be in accordance with the requirements of the Air Pollution Control Division Compliance Test Manual and shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. No compliance test shall be conducted without prior approval from the Division. Any compliance test conducted to show compliance with a monthly or annual emission limitation shall have the results projected up to the monthly or annual averaging time by multiplying the test results by the allowable number of operating hours for that averaging time (Reference: Regulation Number 3, Part B.III.G.3) Hydrogen Sulfide (H2S) using EPA approved methods. Periodic Testing Requirements 19. A second compliance test shall be conducted on the Digester/scrubber/ biofilter (AIRS ID 002) to measure the emission rate(s) for the pollutants listed below in order to demonstrate compliance with hydrogen sulfide (H2S) emission limit in permit condition 8 and overall reduction in H2S in permit condition 7. If the initial compliance testing is completed during the period defined by December 1, through February 28 of the following year, then the second test should be completed between the following July 1 and September 30. If the initial testing is completed between March 1 and November 30 then the second compliance test shall be completed between the following December 1 and February 28 with a minimum of 45 days between tests AIRS ID: 123/9A94 Page 6 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division The test will last for a minimum of 24 consecutive hours to measure an emission profile throughout the operating day. Sampling of the incoming gas and the treated tail gas will take place at a minimum of every 3 hours during the test. The test protocol must be in accordance with the requirements of the Air Pollution Control Division Compliance Test Manual and shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. No compliance test shall be conducted without prior approval from the Division. Any compliance test conducted to show compliance with a monthly or annual emission limitation shall have the results projected up to the monthly or annual averaging time by multiplying the test results by the allowable number of operating hours for that averaging time (Reference: Regulation Number 3, Part B.III.G.3) Hydrogen Sulfide (H2S) using EPA approved methods. 20. The owner or operator shall install and operate an AWITE AwiFLEX Cool process analysis system (or similar system with Division approval) combined with a gas flow meter to measure emissions of hydrogen sulfide (H2S) from the digester/H2S scrubber (AIRS 002). Daily emissions of H2S shall be determined by multiplying the volume of tail gas emitted to the atmosphere times the average concentration of H2S in the tail gas for the day. The calculated emissions shall be made in lb of H2S emitted. Monthly emissions of H2S shall be determined by summing the daily emissions for the calendar month. Annual emissions of H2S shall be determined by summing the monthly emissions for the calendar year. Records of the daily, monthly and annual emissions shall be maintained and made available for Division inspection upon request. (Reference Reference: Regulation Number 3, Part B. II.A.4) 21. The AwiFLEX Cool process analysis system shall undergo Quality Assurance/Quality Control (QA/QC) testing following the guidelines in Section V of the "Guidelines for State -Only Required Continuous Monitoring Systems in the State of Colorado" which can found at the link listed below: https://www.colorado.gov/pacific/sites/default/files/AP Continuous-Monitoring-System-Guidelines.pdf ADDITIONAL REQUIREMENTS 22. All previous versions of this permit are cancelled upon issuance of this permit. 23. Continuous fugitive H2S monitoring shall be conducted ON SITE as listed below. The Heartland facility shall install 7 continuous H2S monitors and alarms onsite for overall safety with the following provisions: • 3 monitors shall be located within the digester island containment area • 2 monitors shall be located with the BUS (biogas upgrade system) and Biorem area • 1 monitor shall be located near the CAL (covered lagoon) • 1 monitor shall be located near the centrifuge building • All monitors shall be set to alarm at 10 ppm H2S • All personnel working near potential H2S sources shall wear individual H2S monitors set to alarm at 10 ppm H2S. 24. The terms, conditions and information contained in Attachments A and B are hereby incorporated into this permit, and shall be enforceable as if fully set forth herein including, but not limited to, AIRS ID: 123/9A94 Page 7 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division emission point description, emission factor summary, emission limits or other limitations, controls, and specific requirements. (Reference: Regulation Number 3, Part B III.E.) 25. This permit replaces the following permits and/or points, which are canceled upon startup of the points in this permit. The owner or operator shall submit a cancelation notice for the following equipment with the Notice of Startup for the corresponding new equipment in this permit. Permit Number AIRS ID Notes 13WE2980 123/9A94/008 Temporary Flare — John Zink or equivalent rated at 650 scfm 13WE2981 123/9A94/009 Kanuka Gas Clean up system 13WE2982 123/9A94/010 Temporary Boiler — rated at 8.4 mm BTU 13WE2983.XP 123/9A94/011 Temporary CAT engine — rated at 39 hp. 26. The AIRS ID number shall be marked on the subject equipment for ease of identification. (Reference: Regulation Number 3, Part B, III.E.) (State only enforceable). 27. The particulate emission control measures listed in Attachment A (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation Number 1, III.D.1.b. 28. A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation Number 3, Part A. I I.C.) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN submitted; or For volatile organic compounds (VOC) and nitrogen oxide (NOx) sources in an ozone non -attainment area emitting less than 100 tons of VOC or nitrogen oxide per year, a change in actual emissions of one ton per year or more or five percent, whichever is greater, above the level reported on the last APEN submitted; or For sources emitting 100 tons per year or more of a criteria pollutant, a change in actual emissions of five percent or 50 tons per year or more, whichever is less, above the level reported on the last APEN submitted; or For sources emitting any amount of lead, a change in actual emissions, above the level reported on the last APEN submitted, of fifty (50) pounds of lead For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or AIRS ID: 123/9A94 Page 8 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. GENERAL TERMS AND CONDITIONS: 29. This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the Division as provided in Regulation Number 3, Part B.II.B upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 30. If this permit specifically states that final approval has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the Division in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and Regulation Number 3, Part B.III.G. Final approval cannot be granted until the operation or activity commences and has been verified by the Division as conforming in all respects with the conditions of the permit. Once self -certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final approval. Details for obtaining final approval to operate are located in the Requirements to Self -Certify for Final Approval section of this permit. 31. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit (Reference: Regulation Number 3, Part B III. E.). By: Michael Harris, P. E. Permit Engineer Permit Histo Issuance Date Description Issuance 2 This issuance Increase biogas throughput, increase H2S concentration, increase bio filters from 1 to 3 units and adjust emissions as needed. Change in name/ownership from Heartland Renewable Energy to Heartland Biogas LLC. Issuance 1 May 20, 2013 Issued to Heartland Renewable Energy. f By: - FOR R K Hancock III, P.E. Construction Permits Unit Supervisor Notes to Permit Holder (as of date of permit issuance): 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission AIRS ID: 123/9A94 Page 9 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division notice (APEN) and application form must be submitted with a request for a permit revision. (Reference: Regulation Number3, Part B II.A.4) 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation. See: https://www.colorado.gov/pacific/cdphe/aqcc-regs. 3) The emission levels contained in this permit are based on the following emission factors: Point 001:2 (two) Boilers rated at 12 mm BTU/hour each CAS Pollutant Emission lb/mm btu Factors — Uncontrolled/controlled Source PM/PM10/PM2.5 0.0048 Mfr NO, 0.029 Mfr SO2 7.6 a-4 Mass balance based on H2S content in natural gas(4 ppm) CO 0.037 Mfr VOC 0.025 Mfr Point 002: Anaerobic digester emissions controlled by 3 Biorem biotrickling filters connected in series CAS Pollutant Emission Factors - Uncontrolled Source Emission Factors — Controlled* Source 71432 H2S 1743 ppm I Mass balance 57 ppm I Mass Balance aste gas throughput = 9.95 mm scf per day at 100 % capacity, Biorem biotrickling filter facility Operating design at 95% capacity Point 003: 1 (one) Flare: rated at 201 mm BTU /hour Pollutant lb/MM BTU Emission Factors — Source PM/PM-lc/PA/12 5 0 Smokeless flare NO, 0.068 AP 42 table 13.5-1 SO2 0.550 Eng. Estimate based on H2S content in bio gas = 2350 ppm and daily biogas throughput = 7.5 mm scf at 640 btu/scf and 98% conversion to SO2 CO 0.37 AP 42 table 13.5-1 VOC 0.052 AP 42 table 13.5-1 (reduced by 63% to account for methane and ethane (AP 42 table 13.5-2) H2S 0.0061 Eng estimate based on 98% flare efficiency for converting H2S to SO2 aw Biogas throughput = 7.5 mm scf per day @ 64% CH4; 24 days of operation Point 005: Vehicle traffic — fugitive dust Emissions calculated using AP 42 Section 13.2 4) The following equipment/process is currently exempt from construction permitting requirements AIRS ID: 123/9A94 Page 10 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division based on information provided by the operator for the Division's analysis: AIRS ID Facility ID Description Notes 123/9A94/013 Permit 15WE0954.XP Composting Digester solids are treated in a composting operation as a finishing step (moisture control) APEN Required Permit Exempt VOC emissions = 48 tpy Compost piles are Permit Exempt by Regulation 3, Part B.II.D.h 5) In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years from the date it was received by the Division. A revised APEN shall be submitted no later than 30 days before the five-year term expires. Please refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. 6) The permit holder is required to pay fees for the processing time for this permit. An invoice for these fees will be issued after the permit is issued. The permit holder shall pay the invoice within 30 days of receipt of the invoice. Failure to pay the invoice will result in revocation of this permit (Reference: Regulation Number 3, PartA.VI.B.) 7) This facility is classified as follows: Applicable Requirement Status Operating Permit Synthetic minor (H2S as a regulated pollutant) PSD Synthetic minor (H2S as a regulated pollutant) NANSR True minor 8) Potential to emit for greenhouse gases (GHG) emissions as reported by the source and adjusted for changes in process conditions. Source CO2e tons/year 2 Boilers 13,600 Flare 12,290 Scrubber 58,471 Digester tank fugitive 7 Equipment fugitive 1,085 Liquids/solids separation 5,456 Solids composting fugitive 353 Lagoon fugitive 1,714 Total 92,976 9) Greenhouse gas (GHG) emissions. This source may be subject to the GHG reporting requirements under the 'Mandatory Greenhouse Gas Reporting Rule for EPA. (See — 40CFR Part 98 for more information.) 10) Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions AIRS ID: 12319A94 Page 11 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division of Section 25-7-114.5(7)(a), C.R.S. 11) Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to self -certification and final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. (Reference: Regulation Number 3, Part B III.F.) 12) Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollutant Emission Notice (APEN) must pay an annual emission fee. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 13) Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. 14) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be found at the following website: http://ecfr.gpoaccess.gov/ AIRS ID: 123/9A94 Page 12 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division ATTACHMENT A PARTICULATE EMISSIONS CONTROL PLAN FOR PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NUMBER1, Section III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Processing Activities - Visible emissions not to exceed 20% opacity, no off -property transport of visible emissions. b. Haul Roads - No off -property transport of visible emissions shall apply to on -site haul roads, the nuisance guidelines shall apply to off -site haul roads. c. Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off -vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Unpaved haul roads shall be watered as often as needed to control fugitive particulate emissions. AIRS ID: 123/9A94 Page 13 of 14 Heartland Biogas, LLC Permit Number 12WE3172.CP2 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division ATTACHMENT B Heartland Renewable Energy, LLC Weld County, Colorado LIST OF ACCEPTABLE FEEDSTOCK SUBSTRATES Acceptable for Air Permit Any additional feedstock types must be accepted by Air Department before utilized at Heartland This is a Class I Compost Facility which accepts Types 1, 2 and 3 Feedstocks. • Type 1 includes: Agriculture crop residues, manure, untreated wood wastes, yard, paper and green wastes • Type 2 includes: Animal material, animal mortalities, and source separated food wastes • Type 3 includes: Biosolids, solid waste, processed solid waste and sludges Feedstocks that will be accepted include: • Grease Tank Bottoms from meat rendering • Restaurant grease • Pressed or centrifuged Dissolved Air Floatation (DAF) cake from food processing industry • Fats, oils and greases (FOG) - high fat content material from food processing • Poultry byproducts (fat, vicera, offal) • Concentrated Grease Trap Waste (GTW) • Poultry, swine & beef processing waste other than bone, blood, feathers and hides • Processed dewatered DAF from food processing industry • Concentrated whey, lactose or delactose from a reverse osmosis (RO) system • Reject processed foods (all types) • Food waste • Dewatered DAF from food processing industry • Poultry hatchery waste • Ultra filtered whey or lactose • Paunch manure • High moisture DAF and GTW from food processing industry or restaurants • High moisture organic materials from processed grapes, vegetables, fruits, sugar beets, potatoes, onions, and other processed agricultural products Feedstocks which WILL NOT be accepted: • Municipal Waste • hazardous Waste AIRS ID: 123/9A94 Page 14 of 14 FORM APCD-103 Colorado Department of Public Health & Environment Air Pollution Control Division NOTICE OF START-UP Ver. October 6, 2010 NOTICE REQUIRED WITHIN 15 DAYS FOLLOWING STARTUP OF ALL NEW SOURCES Colorado De nrunent of Public Health and Environment Per Colorado Regulation 3, Part B, Section III.G.1 operators of air pollution emissions sources who obtain a construction permit which authorizes submittal of a "Notice of Startup" within 15 calendar days of commencement of operation shall file this form with the Air Pollution Control Division. It is a violation of your permit if you do not report the start-up date of a new emission source within 15 calendar days of commencement of operation. If multiple pieces of equipment (i.e. "emissions points") covered by a single permit (Le. "facility -wide permit") will have different start-up dates, you must file a separate Notice of Start-up for each emissions point. Notification of start-up may be accomplished by completing the form below and returning it to: Colorado Department of Public Health & Environment APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Please contact the Division immediately at (303) 692-3150 if you have any questions or problems concerning this requirement. PERMIT NUMBER: ADDRESS OR LOCATION: EQUIPMENT DESCRIPTIONA: AIRS ID' Description Footnotes: A Please provide specific details of equipment reporting startup as required by the permit including: make, model and serial numbers. Include AIRS IDs for each emissions point description supplied. B The AIRS ID for your emissions source(s) may be found at the bottom left corner of each page of your permit or in the equipment description(s). Please include all ten digits for the County/Plant/Point (i.e. 123/4357/002). Operation of the emission source(s) to which the above permit number is assigned began on Date COMPANY APPLICANT'S NAME (PLEASE PRINT) PERSON TO CONTACT FOR VERIFICATION OF STARTUP DATE APPLICANT'S SIGNATURE TELEPHONE NUMBER OF CONTACT PERSON POSITION OR TITLE DATE Page 1 of 1 FormAPCD-103- 15DayPostNoticeotStartup-Ver.l0-6-2010.doc Air Pollution Control Division Compliance and Enforcement Program OPERATING AND MAINTENANCE PLAN REQUIREMENTS Initial Approval Construction Permits, and in some cases Title V Operating Permits, may include a condition requiring the submittal of an operating and maintenance plan for all control equipment and control practices, and a proposed record keeping format for demonstrating compliance on an ongoing basis (Regulation No. 3, Part B, Section III.G.7). The operating and maintenance plan should typically include the following information: 1 Permit number reference 2 Manufacturer's recommended operating conditions during startups, shutdowns, and normal operation for equipment (for any pollution control equipment, include manufacturer's recommended operating procedures, which should include important control parameters such as pressure drops); and discussion at what high and/or low of each parameter should maintenance be performed and why 3 Manufacturer's recommended maintenance procedures including scheduled maintenance and preventive maintenance for equipment (including pollution control equipment) 4 Sample recordkeeping format with actual data. 5 Discussion of replacement and calibration schedules for important items such as; thermocouples, fuel flow meters, oxygen sensors, pressure transducers, etc. 6 If you are required to calculate emissions: sample calculations, calculated on a twelve-month rolling total, for criteria and non -criteria pollutants if applicable; a list of all emission factors used and their source; and removal or destruction efficiency and how it was generated, if calculations are based on such 7 If your operating and maintenance plan includes a sample analysis: a description of how, where, and what frequency the sample is pulled; a copy of the lab analysis methodology; discussion of QA/QC for the entire process; and explanation of how the analysis relates to compliance 8 Discussion of any other requirements addressed in the operating and maintenance plan condition of the permit NOTE: It is acceptable to refer to other supporting documents prepared for the source as part of the compliance plan (i.e. manufacturer's specifications, monitoring plan, preventive maintenance plan, etc.). Direct all compliance plan questions to your operating permit engineer for Title V sources; or to Chris Reinhardt, (Stationary Sources) or Warren King (Oil and Gas) at (303)692- 3150 for all other sources. Revised 6/30/2015 AgEARTLAND biogas project 19179 WCR 49 LaSalle. CO 80645 December 16, 2016 Colorado Department of Public Health and Environment Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 RE: APEN FOR DPS ODOR CONTROL Attached please find a general APEN form for the digester processing system (DPS) and associated substrate receiving operations located at Heartland Biogas, LLC. The DPS is exempt from filing an APEN and obtaining an air permit according to Regulation 3 II.D.1.rr which reads as follows: "Sources of odorous emissions that do not utilize emission control equipment for control of odorous emissions. This exemption applies to the odor emissions only. All other emissions are subject to other exemptions set forth in this regulation. This exemption does not exempt any source from the requirements of Regulation Number 2." It should be noted that Permit 12WE1372 contains several provisions that are related to the DPS operations. For example there are restrictions on the types of substrates and the total amount of organic substrates that can be received. The organic substrates are received at the facility both as direct delivery from truck to substrate tank and through the DPS. The DPS volumes and types are tracked with the direct receipt substrates as the method to demonstrate compliance with those provisions of the permit. The facility receives substrates in the following manner: Manure delivered directly to a manure storage pit Liquid substrate unloaded directly from tanker truck to substrate tank DPS The DPS has two methods of receiving materials. The first method is source separated organic material (such as food waste) that is delivered inside the recently expanded DPS building ("Building #1"). The DPS building also houses depackaging equipment that mechanically EXHIBIT 12 separates the packaging material (e.g. cans, plastic jugs, cardboard containers) from the organic material. This equipment is electric powered. All material is moved into storage tanks and transferred underground via pipes to the substrate tanks. The second method of organic receipt is on a concrete pad that is currently outside. Material is unloaded from a truck and then pushed over a grate to drop into an underground storage tanks via screw augers. Similar to the storage tank from the Building #1 operations, this material is pumped over to the substrate tanks via underground pipelines. This concrete unloading area is scheduled to be enclosed in a building ("Building #2") that will be constructed and completed no later than June 30, 2017. Both existing Building #1 and future Building #2 will have an air handling system installed that will collect air from inside the buildings and exhaust to an odor control system. That system will be installed by June 30, 2017. The dates for the completion of the buildings and the odor control system are required under the Compliance Order on Consent No. 2016-201 with the department which was signed in November, 2016. A review of available literature for emission factors (e.g., EPA, CARB) did not find any available test data or emissions information from this type of operation to estimate emissions. General references to diesel fired equipment emissions can be found but there are no stationary diesel fired equipment associated with the DPS operation. There may be a general reference to the existence of odors, but there is no data on VOC emissions or other criteria emissions from such operations. Since the material is only exposed to the air for perhaps a few hours while on site before being delivered in an enclosed system to the substrate tanks, there is no composting taking place and composting emission factors are not appropriate. Based on the fact that there are no emissions factors available from EPA or other regulatory agencies, criteria emissions from this operation are determined to be negligible. There is a small natural gas water heater used for personal facilities, this is exempt from APEN and permitting requirements. Heartland Biogas is currently in the design phase of the odor control system. Conceptual designs are currently being developed for general ventilation of the buildings. A biofilter type control system is anticipated to be utilized. We are evaluating a couple different variations on biofilter control to reduce odors. Bid evaluations are on -going. We will update the APEN as needed when the final selection is made. If you have any questions or comments please contact Cheryl Hainich as indicated on the APEN form. If you have any questions or comments please contact Cheryl Hainich as indicated on the APEN form. Sincerely, Jason Thomas Plant Manager Cc: Phil Brewer, Weld County Environmental Health Services General APEN - Form APCD-200 Air Pollutant Emission Notice (APEN) and Application for Construction Permit All sections of this APEN and application must be completed for both new and existing facilities, including APEN updates. An application with missing information may be determined incomplete and may be returned or result in longer application processing times. You may be charged an additional APEN fee if the APEN is filled out incorrectly or is missing Information and requires re -submittal. There may be a more specific APEN for your source (e.g. paint booths, mining operations, engines, etc.). A list of specialty APENs is available on the Air Pollution Control Division (APCD) website at: www. colorado. Roy / cd ohe / aoc d. This emission notice is valid for five (5) years. Submission of a revised APEN is required 30 days prior to expiration of the five-year term, or when a reportable change is made (significant emissions increase, increase production, new equipment, change in fuel type, etc). See Regulation No. 3, Part A, II.C. for revised APEN requirements. Permit Number: AIRS ID Number: / / [Leave blank unless APCD has already assigned a derma .a and AIRS ID] Section 1 - Administrative Information Company Name': Site Name: Site Location: Heartland Biogas LLC Heartland Biogas LLC Site Location SE quarter of Section 25 county: Weld T4N R65W Mailing Address: (include Zip Code) 19179 Weld County Road 49 Portable Source Home Base: La Salle CO 80946 NAICS or SIC Code: none established Permit Contact: Cheryl Hainich Phone Number: (843)66a1589 E -Mail Address2• ryl.hainich@edf-re.com Use the full, legal company name registered with the Colorado Secretary of State. This is the company name that will appear on all documents issued by the APCD. Any changes will require additional paperwork. 2 Permits, exemption letters, and any processing invoices will be issued by APCD via e-mail to the address provided. Form APCD-2OO - General APEN • Revision 10/2016 1 1 ®Y COLORADO AMU .-. mow. Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit # and AIRS ID) Section 2- Requested Action O NEW permit OR newly -reported emission source (check one below) ❑ STATIONARY source 0 PORTABLE source -Oa- ❑ MODIFICATION to existing permit (check each box below that applies) ❑ Change fuel or equipment 0 Change company name ❑ Add point to existing permit ❑ Change permit limit 0 Transfer of ownership' ❑ Other (describe below) -Oa- ❑ APEN submittal for update only (Blank APENs will not be accepted) - Aoomowu PERMIT Acnows - • Limit Hazardous Air Pollutants (HAPs) with a federally -enforceable limit on Potential To Emit (PTE) ❑� APEN submittal for permit exempt/grandfathered source Additional Info II Notes: An APEN is being filed for the depackaging system (DPS) operations at the facility. This facility is exempt from permitting, but an odor control system is being it 3 For transfer of ownership, a completed Transfer of Ownership Certification Form (Form APCD-104) must be submitted. Section 3 - General Information General description of equipment and purpose: acceptance of organic substrate material for anaerobic digestion more information is provided in the attached letter. Manufacturer: Model No.: Serial No.: Company equipment Identification No. (optional): For existing sources, operation began on: March, 2016 - odor control in 2017 For new or reconstructed sources, the projected start-up date is: ❑ Check this box if operating hours are 8,760 hours per year; if fewer, fill out the fields below: Normal Hours of Source Operation: 10 hours/day 5_6 days/week 52 weeks/year Seasonal use percentage: Dec -Feb: 25 Mar -May: 25 June -Aug: 25 Sept -Nov: 25 Form APCD-2OO - General APEN - Revision 10/2016 AvCOLORADO 4 Permit Number: AIRS ID Number: (Leave blank unless APCD has already assigned a permit tr and AIRS ID] Section 4 - Processing/Manufacturing Information & Material Use ❑ Check box if this information is not applicable to source or process From what year is the actual annual amount? Description Design Process Rate (Specify Units) Actual Annual Amount (Specify Units) Requested Annual Permit Limit4 (Specify Units) Material Consumption: Type 1, 2, and 3 wastes 172 MM gal/yr 172 MM gal/yr Finished Product(s): Section 5 - Stack Information Geographical Coordinates (Latitude/Longitude or UTM) ❑ Check box if the following information is not applicable to the source because emissions will not be emitted from a stack. If this is the case, the rest of this section may remain blank. Operator Stack ID No. �` Aarge Height Above Ground Level (Feet) Te rF) Flow Rate (ACFM) Velocity (ft/sec) Indicate the direction of the stack outlet: (check one) ❑ Upward ❑ Horizontal ❑ Downward ❑ Other (describe): Indicate the stack opening and size: (check one) ❑ Circular Interior stack diameter (inches): ❑ Square/rectangle Interior stack width (inches): ❑ Other (describe): O Upward with obstructing raincap Interior stack depth (inches): Form APCD-2OO - General APEN - Revision 10/2016 3 ®® COLOR•DO aiwnxtr� M.# • I..t.+w, Permit Number: AIRS ID Number: [Leave blank uniess APCD has already assigned a permit r and AIRS ID) Section 6 - Combustion Equipment Et Fuel Consumption Information 0 Check box if this information is not applicable to the source (e.g. there is no fuel -burning equipment associated with this emission source) Design Input Rate (A{MBTU/hr) Actual Annual Fuel Use (Specify Units) Requested Annual Permit Limit` (Specify Units) From what year is the actual annual fuel use data? Indicate the type of fuel useds: ❑ Pipeline Natural Gas (assumed fuel heating value of 1,020 BTU/SCF) ❑ Field Natural Gas Heating value: BTU/SCF ❑ Ultra Low Sulfur Diesel (assumed fuel heating value of 138,000 BTU/gallon) ❑ Propane (assumed fuel heating value of 2,300 BTU/SCF) ❑ Coat Heating value: BTU/lb Ash Content: Sulfur Content: ❑ Other (describe): Heating value (give units): Requested values will become permit limitations. Requested limitis) should consider future process growth. 5 if fuel heating value is different than the listed assumed value, provide this information in the "Other" field. Section 7 - Criteria Pollutant Emissions Information Attach all emission calculations and emission factor documentation to this APEN form. Is any emission control equipment or practice used to reduce emissions? ❑Q Yes ❑ No If yes, describe the control equipment AND state the overall control efficien (%reduction)• Pollutant ry Control Equipment Description Overall Control Efficiency (% reduction in emissions) TSP (PM) PMio PM2.s SOS NOx CO voc Other: odor reduction 9O%+ Form APCD-2OO - General APEN • Revision 10/2016 41 AV I al 4 Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit a and AIRS iDi Section 7 (continued) From what year is the following reported actual annual emissions data? Use the following table to report the criteria pollutant emissions from source: (Use the data reported in Sections 4 and 6 to ealeednrn rhao o...;«; ,. Uncontrolled F,mission Pollutant Source Fad or (specify units) Emission Factor (AP -42, Mfg. etc) Actual Annual Emissions e4 Requested Annual Permit Emission Limit{s)4 Uncontrolled (Toro/year) Controlled° (Tons/year) Uncontrolled (Tons/year) Controlled (Tons/year) TSP (PM) PM,o PMz.s SO„ NO„ CO VOC Other: 6 Annual emission fees wilt be based on actual controlled emissions reported. If source has not yet started operating, leave blank. Section 8 - Non -Criteria Pollutant Emissions Information Does the emissions source have any uncontrolled actual emissions of non -criteria pollutants (e.g. HAP- hazardous air pollutant) emissions equal to or greater than 250 ❑ Yes ❑ No lbs/year? If yes, use the following table to report the non -criteria llut t HAP Po an ( ) emissions rrom source: CAS Number Chemical Name overall Control Efficiency Uncontrolled Emission Factor (specify units) Emission Factor Source (AP i2, Mfg. etc) Uncontrolled Actual Emissions (lbs/year) Controlled Actual Emissions6 (lbs/year) 6 nnual emission fees will be based on actual controlled emissions reported. If source has not yet started operating, leave blank. Form APCD-2OO - General APEN . Revision 10/2015 5 I Z±i.'W'rf COLORADO Permit Number. MRS ID Number: / / [Leave blank unless APCD has already assigned a permit and MRS ID) Section 9 - Applicant Certification I hereby certify that all information contained herein and information submitted with this application is complete, true and correct. Signature ♦ffJLegally Authorized Jason Thomas 12-1 .2OI >erson (not a vendor or consultant) Date Plant Manager Name (print) Title Check the appropriate box to request a copy of the: ❑ Draft permit prior to issuance o Draft permit prior to public notice (Checking any of these boxes may result in an increased fee and/or processing time) This emission notice is valid for five (5) years. Submission of a revised APEN is required 30 days prior to expiration of the five-year term, or when a reportable change is made (significant emissions increase, increase production, new equipment, change in fuel type, etc). See Regulation No. 3, Part A, II.C. for revised APEN requirements. Send this form along with $152.90, to: For more information or assistance call: Colorado Department of Public Health and Environment Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Small Business Assistance Program (303) 692-3175 or (303) 692-3148 Or visit the APCD website at: Make check payable to: https://www.colorado.gov/cdphe/aped Colorado Department of Public Health and Environment Telephone: (303) 692-3150 Form APCD-2OO - General APEN - Revision 10/2016 6 I AV COIOR•DO RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1704 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (INCLUDING CLASS I COMPOSTING, AN ANIMAL WASTE RECYCLING OR PROCESSING FACILITY [AN ANAEROBIC DIGESTER -BASED RENEWABLE ENERGY PLANT - GAS]), ALONG WITH A CONCRETE BATCH PLANT TO BE USED FOR CONSTRUCTION OF THE FACILITY, IN THE A (AGRICULTURAL) ZONE DISTRICT, INCLUDING THE CERTIFICATE OF DESIGNATION - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of July, 2010, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Shelton Land and Cattle, Ltd., 23043 County Road 42, LaSalle, Colorado 80645, and Heartland Renewable Energy, LLC, 2400 Trade Center Avenue, Suite 201, Longmont, Colorado 80503, for a Site Specific Development Plan and Use by Special Review Permit #1704 for a Solid Waste Disposal Site and Facility (including Class I composting, an animal waste recycling or processing facility [an anaerobic digester -based renewable energy plant — gas]), along with a Concrete Batch Plant to be used for construction of the facility, in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Tom Haren, AGPROfessionals, 4350 State Highway 66, Longmont, Colorado 80504, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.8 of the Weld County Code as follows: a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Ce.:CA/ Pt-,14I-,Pk),Pe4 3 -II -to 2010-1530 PL2072 EXHIBIT 13 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 2 Section 22-2-20.A (A.Goal 1) states, "Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture." Section 22-2-20.A.5 (A.Policy 1.5) states, "Support and entice agriculturally related businesses and processing facilities." Section 22-4-200.A (AW.Goal 1) states, "Human and environmental health impacts from agricultural waste should be minimized by appropriate handling, storage and processing practices." Section 22-5-140.A (AE.Goal 1) states, "Support and encourage research, development, and use of alternative energy resources." The proposed use will convert agricultural and food wastes into gas and composting material. This facility will essentially recycle existing wastes generated by existing agricultural and agricultural -related facilities in Weld County into reusable components (fuel [methane gas] and soil amendment material). b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Sections 23-3-40.A.12, 23-3-40,6.12, and 23-3-40.1 of the Weld County Code provide for Solid Waste Disposal sites and facilities, animal waste recycling or processing facilities, and concrete batch plants in the A (Agricultural) Zone District. c. Section 23-2-230.8.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located on a parcel with six (6) existing gas wells and two tank batteries, The site is located in a rural area consisting of dryland parcels, rural residential parcels, and irrigated agricultural land to the west of the site. The two nearest residences are located approximately one -quarter mile to the west and approximately one-third mile to the east of the site. The applicant is proposing to locate the facility on the interior of the existing parcel, allowing additional distance from properties to the east and west. The proposed Conditions of Approval and Development Standards, including the submittal of a Lighting Plan, will mitigate the impacts of the use for compatibility with the surrounding land uses. d. Section 23-2-230.B.4 — The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code, and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site does not lie within the three-mile referral area of any municipality and/or county. e. Section 23-2-230.6.5 — The application complies with Chapter 23, Article V, of the Weld County Code. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Effective 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 3 August 1, 2005, building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site is classified as "Other," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Section 23-2-230B.7 — The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC, for a Site Specific Development Plan and Use by Special Review Permit #1704 for a Solid Waste Disposal Site and Facility (including Class I composting, an animal waste recycling or processing facility [an anaerobic digester -based renewable energy plant — gas]), along with a Concrete Batch Plant to be used for construction of the facility, in the A (Agricultural) Zone District, including the Certificate of Designation on the parcel of land described above be, and hereby is, granted subject to the following conditions: 9 1. Prior to recording the plat: A. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. The plat scale shall be amended to either 1" = 100' or 1" = 200'. B. All sheets of the plat shall be labeled USR-1704. C. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) The approved Lighting Plan. 3) The applicant shall upgradefpave the site entrance from County Road 49 for a distance of approximately 300 feet west, or 100 feet with two back-to-back cattle guards, adequate turning radius, and Stop sign. This shall be indicated on the plat. 4) County Road 49 is classified by the County as an arterial roadway, which requires 140 feet of right-of-way at full buildout. There is presently 80 feet of right-of-way. This road is maintained by Weld County. Pursuant to the definition of setback in the Weld 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 4 County Code, the required setback is measured from the future right-of-way line. 5) The boundaries of USR-1704 shall be amended to include the access road and, at a minimum, all properties to the south of the access road within the USR-1704 boundary. D. The applicant shall address the requirements and concerns of the Weld County Department of Public Works, as stated in the referral response dated May 27, 2010. The applicant shall address the following items, prior to recording the plat: Improvements Agreement and Collateral: 1) The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral. The agreement and form of collateral shall be submitted to, and reviewed by, the Departments of Planning Services and Public Works, and accepted by the Board of County Commissioners, prior to recording the Use by Special Review plat. 2) The Department of Public Works requires that a right acceleration and right deceleration lane be constructed on County Road 49 when traffic volumes meet the triggers of 25 vehicles per hour (vph) turning right into the facility, during a peak hour, and 50 vph turning right out of the facility, during the peak hour. This requirement shall be included in the Improvements Agreement. Prior to the start of construction of the auxiliary lanes, final construction drawings are required to be reviewed and accepted by the Department of Public Works. Drainage Report 1) A Final Drainage Report, addressing all items in the preliminary and final drainage report checklists, shall be submitted. The Final Drainage Report shall be signed, stamped, and dated by a Colorado registered professional engineer. The Final Drainage Report shall address the redline comments which have been returned to the applicant's engineer. The Final Drainage Report shall incorporate the April 22, 2010, addendum to the preliminary drainage report. 2) Included with the Final Drainage Report, the applicant shall submit a letter addressed to the Weld County Engineer, requesting a variance to the Weld County Drainage Code, regarding retention ponds. The letter shall include the following: 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 5 a) A statement that the request is not precedent setting and the applicant's engineer realizes as such. b) The letter shall list all reasons for needing a variance including, but not limited to: i) Colorado Department of Public Health and Environment requirements. ii) The fact that the adjacent land is owned by the applicant and the applicant does not object to potential stormwater releases from the retention pond. Hi) The current land use is agricultural and urban type development is not expected in the vicinity. iv) Any other reasons that the applicant and applicant's engineer feel are needed to justify the variance request. 3) Final Construction drawings must be submitted to the Department of Public Works, for review and acceptance. 4) The applicant shall provide evidence from the Colorado Division of Water Resources (CDWR), stating whether a substitute supply plan will be required to cover the capture and re -use of stormwater runoff into the retention pond. E. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the Department of Planning Services, for review and approval. The Lighting Plan shall adhere to the lighting requirements for off-street parking spaces listed within Section 23-4-30.E of the Weld County Code, and shall adhere to the lighting requirements in accordance with Sections 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved Lighting Plan shall be delineated on the plat. F. The applicant shall either submit a copy of an agreement with the property's mineral owners/operators, stipulating that oil and gas activities have been adequately incorporated into the design of the site, or, provide evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners/operators. Drill envelopes may be delineated on the plat, in accordance with state requirements, as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. G. The applicant shall address the requirements of the Colorado Division of Water Resources (CDWR), as stated in the referral received May 3, 2010. Written evidence of such shall be provided to the Department of Planning Services. 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 6 H. The Conditions within the recommendation of approval letter from the Colorado Department of Public Health and Environment (CDPHE), dated April 7, 2010, shall be addressed. Prior to construction, Heartland Renewable Energy shall submit a Construction Quality Assurance and Quality Control Plan ("CQA/QC Plan"), technical specifications, and construction drawings, to the Weld County Department of Public Health and Environment, and the CDPHE, Hazardous Materials and Waste Management Division. The documents shall be submitted at least sixty (60) calendar days prior to commencement of construction. J. The facility shall demonstrate that an Air Pollutant Emission Notice (A.P.E.N.) has been filed for all emissions points, including the filing of an A.P.E.N. as an odorous source, and that it has obtained all required Construction Permits from the CDPHE, Air Pollution Control Division, as required by Colorado Air Quality Control Commission Regulation Number 3. Evidence of such shall be submitted, in writing, to the Weld County Department of Public Health and Environment. K. A fugitive particulate emissions control plan (Dust Control Plan) shall be submitted to, and approved by, the Weld County Department of Public Health and Environment. L. The applicant shall submit a deed encompassing the boundaries of the entire USR Permit, including the proposed access road (off of County Road 49) and all property to the south of the boundaries of the access road. M. The applicant shall submit three (3) paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred eighty (180) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 7 (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. Prior to the Release of Building Permits/Grading Permits: A. All building plans shall be submitted to the LaSalle Fire Department, for review and approval, prior to issuance of building permits. B. A plan review is required for each building or structure for which a building permit is required. Two complete sets of plans are required when applying for each permit. The applicant shall include a Code Analysis Data sheet from the Weld County Department of Building Inspection, for each structure which requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado licensed architect or engineer. C. The applicant shall be required to obtain a grading permit. The grading permit application shall include the Erosion and Sediment Control Plan, proposed grading plan, typical installation details of all Best Management Practices (BMPs) to be utilized, installation, and maintenance notes for all BMPs to be utilized. Please note that early grading permits will not be issued until collateral is posted and the plat has been recorded. D. In the event that one (1) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a Construction Stormwater Discharge Permit from the CDPHE, Water Quality Control Division. Evidence of CDPHE approval shall be included with the grading permit application. E. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) permit from the CDPHE, Water Quality Control Division, to cover the stormwater discharges from construction sites (5 CCR-1002- 61). Alternately, the applicant may provide evidence from the CDPHE that they are not subject to CDPHE's requirements. 5. Prior to Start of Construction: A. Final Construction Drawings for on -site and off -site road/access improvements, grading improvements, and drainage improvements shall be reviewed and approved by the Department of Public Works. 6. Prior to Certificate of Occupancy: A. Following construction, Heartland Renewable Energy shall submit to Weld County and the CDPHE, Hazardous Materials and Waste Management Division, for review and approval, a construction certification 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 8 report, which includes construction record drawings, deviations from the approved plan, and results of all testing and documentation requirements set forth in the CQA/QC Plan. The construction certification report shall be submitted at least sixty (60) days prior to acceptance of feedstock. 7. Prior to Operation: A. Entrance Improvements: 1) The applicant shall upgrade/pave the site entrance from County Road 49, for a distance of approximately 300 feet west or 100 feet with two back-to-back cattle guards, adequate turning radius, and Stop sign. The depth of the asphalt and base are to be determined by a geotechnical report to be provided with the final construction drawings which shall be reviewed and accepted by the Department of Public Works prior to the start of construction activities. 2) The remaining on -site gravel surface west of the entrance pavement shall be an all-weather surface. The all-weather surface shall be recycled asphalt, or the equivalent, and shall provide adequate traffic and dust control throughout the facility. The access road section shall be built to accommodate heavy hauling trucks, fire and emergency response vehicles, and shall accommodate two-way traffic. B. Traffic Study: 1) The applicant shall install 60 -foot radius curves at the site access to accommodate large trucks turning at the site entrance. The 60 -foot radius curves shall be shown on the final construction drawings which will be reviewed and accepted by the Department of Public Works, prior to the start of construction activities. 2) The Department of Public Works requires the construction of a left acceleration lane and left deceleration lane to mitigate: i) Public safety - The 85th percentile of traffic on County Road 49 travels at a speed of 71 miles per hour and there have been five (5) accidents within the past three (3) years, with one (1) injury. The heavy trucks in use at this facility will require longer acceleration and deceleration times and lengths as compared to passenger vehicles. ii) For consistency - Similar projects in the County have had the requirement for acceleration and decelerations lanes. Numerous facilities on County Road 49 with similar traffic 2010-1530 PL2072 SPECIAL REVIEW PERMIT #1704 - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 9 volumes have installed auxiliary lanes; including Semcrude, Lonestar, and High Plains. iii) Final construction drawings will be required to be reviewed and accepted by the Department of Public Works, prior to the start of construction activities. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of July, A.D., 2010. ATTEST: Weld County Clerk to the BY. t Dep Clerk t• t e : •ard APPR• DAS !.ice my Attome Date of signature: gi6d10 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO rbara Kirkmeyer, Sean P. Conway EXCUSED William F. Garcia David E. Long 2010-1530 PL2072 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS SHELTON LAND AND CATTLE, LTD. HEARTLAND RENEWABLE ENERGY, LLC USR-1704 1. A Site Specific Development Plan and Use by Special Review Permit #17O4 is for a Solid Waste Disposal Site and Facility (including Class I composting, an animal waste recycling or processing facility [an anaerobic digester -based renewable energy plant — gas]), along with a Concrete Batch Plant to be used for construction of the facility, in the A (Agricultural) Zone District, and is subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of the Weld County Code. 3. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. 4. The maximum number of employees employed at the site shall be thirty (30), per shift. 5. The hours of operation will be 24 hours per day, 7 days per week. Hauling will occur primarily during daylight hours. 6. The properly owner or operator shall comply with the applicable sections of the regulations pertaining to the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) and the facility shall be constructed, operated, and monitored as detailed in the application materials and conditions listed in the Design and Operations Plan approval letter, dated April 7, 2010, from the Colorado Department of Public health and Environment (CDPHE). Following construction, Heartland Renewable Energy shall submit a construction certification report, which includes construction record drawings, deviations from the approved plan, and results of all testing and documentation requirements set forth in the CQA/QC Plan, to the CDPHE, Hazardous Materials and Waste Management Division, and the Weld County Department of Public Health and Environment. The construction certification report shall be submitted at least sixty (60) days prior to acceptance of feedstock. 8. Volume records shall be maintained, which include waste material received, wastes processed, solid waste shipped for disposal, material shipped for sale or disposal, and the amounts of biogas produced or flared, including tail gas destructed. An annual report shall be submitted to the Weld County Department of Public Health and Environment and the CDPHE, Hazardous Materials and Waste Management Division, by May first of each year. 2010-1530 PL2072 DEVELOPMENT STANDARDS - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC (USR-1704) PAGE 2 9. The facility shall receive and process only those materials which are described in the approved Design and Operations Plan. Currently Type 1 and Type 2 feedstock are approved for acceptance. The Weld County Departments of Planning Services and Public Health and Environment, and the CDPHE shall be notified, in writing, of any additional materials proposed for processing. Written approval to proceed with processing shall be obtained prior to acceptance. 10. The property owner or facility operator shall notify the Weld County Departments of Public Health and Environment and Planning Services, and the CDPHE, in the event of any deviations from, or proposed changes to, the facility's Design and Operations Plan. 11. The CDPHE, Weld County Department of Public Health and Environment, and the public shall be provided with notification in the event of temporary or permanent closure. Upon closure, the facility shall follow the closure plan portion of the approved Design and Operations Plan. 12. The Solids Dewatering Building (structure number 50 from the Design and Operations Plan) shall be used as the "soil amendment delivery building" during the initial 90 days of production. The facility intends to apply for a waiver from the requirement to construct a low permeability work pad. If the waiver request is denied, then Heartland Renewable Energy shall continue to use the Solids Dewatering Building for storage of soil amendment, or Heartland shall construct low permeability work pads in the areas designated on the plans as "soil amendment storage." Should low permeability work pads become necessary, the design details and any necessary revisions to the CQAIQC Plan must be submitted to the CDPHE, Hazardous Materials and Waste Management Division, and the Weld County Department of Public Health and Environment, for review and approval, prior to construction of any low permeability work pads. 13. The facility shall comply with the approved Groundwater Monitoring Plan. Changes in approved feedstock may require revisions to the groundwater testing requirements and constituents analyzed. 14. The facility shall be constructed, maintained, and operated to ensure that contamination of soil and groundwater does not occur. 15. All below -ground structures shall be double -lined and equipped with a leak detection system. Records of the leak detection system's operation, maintenance, and observations shall be kept and made available upon request. 16. Aboveground waste receiving, storage, and processing tanks shall have secondary containment. The volume retained by the secondary containment shall be at least 110 percent of the volume of the largest tank inside the containment. 17. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply with their approved particulate emissions control plan. 18. The facility shall operate in compliance with applicable Colorado Air Quality Control regulations and comply with any permits issued by the Air Pollution Control Division. 2010-1530 PL2072 DEVELOPMENT STANDARDS - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC (USR-1704) PAGE 3 19. Exhaust removal systems shall be installed, when necessary, for enclosed areas and dust producing processes and equipment. Visible stack emissions from exhaust removal, material processing, and any combustion source shall not exceed 20 percent opacity (measured in accordance with EPA Reference Method 9). There shall be no visible emissions from any building openings (measured in accordance with EPA Reference Method 22). 20. In accordance with the Colorado Air Quality Control Commission Regulation Number 2, odor detected off the site shall not exceed the level of seven -to -one (7:1) dilution threshold. 21. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 22. An Individual Sewage Disposal System (I.S.D.S.) is required to dispose of sewage from the facility. Any I.S.D.S. on the property shall be permitted, installed, maintained and operated in compliance with Weld County Code, pertaining to I.S.D.S. Regulations. No process wastewater may be disposed of in this system. 23. Process wastewater (such as floor drain wastes) and laboratory wastewater shall not be disposed of through the facility's I.S.D.S. These wastes shall be collected and disposed of in accordance with the Colorado Water Quality Division and U.S. Environmental Protection Agency regulations. 24. The facility shall comply with the Colorado Department of Labor and Employment, Division of Oil and Public Safety, Storage Tank Regulations (7 CCR 1101-14). Secondary containment shall also be required for any container holding fuel or oil with a volume greater than 50 gallons. The volume retained by the secondary containment shall be at least 110 percent of the volume of the largest tank inside the containment. Alternative protective measures may be allowed for regulated tanks, provided they comply with the storage tank regulations. A copy of any Spill Prevention, Control, and Countermeasure Plans shall be provided to the Weld County Department of Public Health and Environment. 25. There shall be no discharge of process wastewater or collected stormwater off the property, except those discharges allowed by the CDPHE, Water Quality Control Division, and/or a Colorado Discharge Permit System (CDPS) discharge permit. 26. The applicant shall obtain Stormwater Discharge Permit coverage for construction activities from the CDPHE, Water Quality Control Division. 27. The facility shall be operated and maintained in a manner to prevent nuisance conditions from the attraction, breeding, and emergence of birds, rodents, insects, and other vectors. Additional control measures shall be implemented at the request of the Weld County Department of Public Health and Environment. 2010-1530 PL2072 DEVELOPMENT STANDARDS - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC (USR-1704) PAGE 4 28. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 29. Waste materials, not specifically addressed by other Development Standards, shall be handled, stored, and disposed of in a manner which controls fugitive dust, blowing debris, and other potential nuisance conditions. 30. This facility shall comply with the health laws, standards, rules, and regulations of the CDPHE, Hazardous Materials and Waste Management Division, Water Quality Control Division, and Air Pollution Control Division. The facility shall also comply with all local laws, ordinances, and Certificate of Designation conditions, 31. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2006 International Building Code, 2006 International Residential Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2006 International Fuel Gas and Energy Code, 2008 National Electrical Code, and Chapter 29 of the Weld County Code. 32. A plan review is required for each building or structure for which a building permit is required, Two complete sets of plans are required when applying for each permit. The applicant shall include a Code Analysis Data sheet, from the Weld County Department of Building Inspection, for each structure which requires a permit. Submittal plans shall include a floor plan showing the specific uses of each area for the building. Plans shall bear the wet stamp of a Colorado licensed architect or engineer. 33. All building plans shall be submitted to the LaSalle Fire Department, for review and approval, prior to issuance of building permits. 34. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets, and no colored lights may be used which may be confused with, or construed as, traffic control devices. 35. Effective January 1, 2003, building permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 36, Effective August 1, 2005, building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 37. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 38. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 2010-1530 PL2072 DEVELOPMENT STANDARDS - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC (USR-1704) PAGE 5 39. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 40. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 41. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 42. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 2010-1530 PL2072 RESOLUTION RE: APPROVE REQUEST TO MODIFY THE SITE LAYOUT FOR USE BY SPECIAL REVIEW PERMIT, USR-1704, PRIOR TO RECORDING THE PLAT - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on July 21, 2010, by Resolution #2010-1530, the Board approved the application of Shelton Land and Cattle, Ltd., 23043 County Road 42, LaSalle, Colorado 80645, and Heartland Renewable Energy, LLC, 2400 Trade Center Avenue, Suite 201, Longmont, Colorado 80503, for a Site Specific Development Plan and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility (including Class I composting), an animal waste recycling or processing facility (an anaerobic digester based renewable energy plant (gas)), along with a concrete batch plant to be used for construction of the facility, in the A (Agricultural) Zone District, including the Certificate of Designation, on the following described real estate, being more particularly described as follows: Part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board was presented with a request from Shelton Land and Cattle, Ltd., and 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) stomiwater pond and five (5) additional process ponds) to three (3) lined ponds (two (2) stormwater ponds, one (1) settling basin, one (1) covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to five (5) above ground digester tanks approximately 50 -feet in height, and WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, finds that the request to modify the Site Plan, as described above, be approved, and that the following language of Condition of Approval #4.C (included in Resolution #2010-1530) be deleted: Please note that early grading permits will not be issued until collateral is posted and the plat has been recorded.", that the existing language in Condition of Approval #6.A be retained and the inclusion of the letters from the Colorado Department of Public Health and Environment, dated January 29, and February 22, 2013, concerning agreement for phased construction be acknowledged; that the requirement of Condition of Approval #1.D.2 for right acceleration/deceleration turn lanes on County Road 49 when the cited triggers are met be affirmed; and that the requirement of Condition of Approval #7.B.2 for left acceleration/deceleration turn lanes on County Road 49 prior to Operation be affirmed. Ct. -PL "512, 2013-0550 PL2072 EXHIBIT 14 MODIFICATIONS REQUEST (USR-1704) - SHELTON LAND AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC PAGE 2 NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC, to modify the site layout for Use by Special Review Permit, USR-1704, prior to recording the plat to include changing from six (6) lined ponds (one (1) stormwater pond and five (5) additional process ponds) to three (3) lined ponds (two (2) stormwater ponds, one (1) settling basin, one (1) covered digester lagoon), and changing the digester design from 24 rectangular, in ground covered digester pits to five (5) above ground digester tanks approximately 50 -feet in height, on the parcel of land described above be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the last sentence of Condition of Approval #4.C (included in Resolution #2010-1530) be deleted; that the existing language in Condition of Approval #6.A be retained and the inclusion of the letters from the Colorado Department of Public Health and Environment, dated January 29, and February 22, 2013, concerning agreement for phased construction be acknowledged; that the requirement of Condition of Approval #1.D.2 for right acceleration/deceleration turn lanes on County Road 49 when the cited triggers are met be affirmed; and that the requirement of Condition of Approval #7.B.2 for left acceleration/deceleration turn lanes on County Road 49 prior to Operation be affirmed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of February, A.D., 2013. BOARD OF OUNTY COMMISSIONERS WELD C COLORADO ATTEST: Weld County Clerk to the Board mey Date of signature.ym 0 1 2018 ara Kirkmeyer 2013-0550 PL2072 Heartland Biogas, LLC c/o EDF Renewable Development, Inc. 15445 Innovation Drive San Diego, CA 92128 October 28, 2013 To Whom It May Concern, This letter is to inform you of the ownership transfer of the Heartland Renewable Energy Project for the Certificate of Designation as part of Weld County Use by Special Review, USR-1704 to a new company: Heartland Biogas, LLC. This transfer of ownership from Heartland Renewable Energy, LLC to Heartland Biogas, LLC was completed on August 16th, 2013. The following indicates new or remaining contact information: Project Address: Heartland Biogas, LLC 19179 Weld County Road 49 LaSalle, CO 80645 Project Contact: Mr. Ralph Daley 15445 Innovation Drive San Diego, CA 92128 703 905 8110 ralph.daleyeedf-re.com Attached to this letter is the deed for the site, which provides proof of the purchase of the project site by Heartland Biogas, LLC. It is our understanding this letter will be provided to the Board for evidence of the transfer of ownership of the project and the records will be kept at the County. Please let me know if you have any questions. With Regards, Heartland Biogas, LLC Authorized Representative EXHIBIT 15 AGPROfessionals, LLC CHANGE REQUEST Project Name: Heartland Biogas, LLC Change Number: 05 Requested By: Heartland Biogas, LW do AOPROfessiomis Date of Request: 10/30 13 Presented To: CDPHE Solid Waste Division Change Name: Property Information Changes Description of Change: Update the Engineering Design and Operations Pan (EDOP) with changes to the subject property legal description, total acres contained within the facility boundaries and ownership/contact information. 1. Facility legal description will remain unchanged within the EDOP however, Appendix B of the EDOP will be updated to reflect the Warranty Deed legal description (See Attachment) 2. The total calculated area of the site will be updated from the previously reported 80 acres to the actual 115.83 purchased acres for the facility site. The facility footprint is updated to 39 acres from the previously reported 19 acres 3. The Ownership information is updated as follows: The OwneriOpemtor is now: Heartland Biogas, LLC The Project Developer Is now: EDF Renewable Development, Inc. 15445 Innovation Drive San Diego, CA 92128 Legal Contact: Ralph Daley, Vice President (703) 9054110 Document identification Addendum Replaces: Page in/page out of all information pertaining to ownership, contact information, property physical and legal descriptions described within the EDOP. Appendix B is replaced with the attached legal description. Reason for Change: To reflect the new ownership of the property and update the legal description of said property purchased for the Digester facility. Project Manager: Slgnatnre: — Data: ety5V209 ,�- �/ Design Engineer: Signature �` � Date: U J p/ e/ 7n S ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont. CO 80504 970.535.9318/office 970.535.9854 fn waw.agpros.com EXHIBIT 16 ■ AAGP.ROfessionals DEVELOPERS OF A,GRICUL1URE December 4, 2013 Lauren Light Weld County Dept. of Health & Environment 1555 North 17 Avenue Greeley, CO 80631 RE: AGPRO Project # 1508-02-05 Change to EDOP for Heartland Biogas, LLC Dear Ms. Light: Enclosed please find a copy of the State approved Change Request #5 to the Colorado Department of Public Health and Environment, Solid Waste Division. This update to the Engineering Design and Operations Plan covers changes to the subject property legal description, total numbers of acres and ownership/contact information. Please let me know if you have any questions or require any further Information. Sincerely, Marcy Kappen Agricultural Consultant Enclosure: Change Request S ENGINEERING, SURVEYING. PLANNING & CONSULTING 4350 Highway 66. Longmont. CO 80504 970.535.9318 / office 7970.535.9854 / fax www.agpros.com EXHIBIT 17 } %I'M?* unts PPS 11114463 tflOMMIONO3 INTIM allPIPS panaddy quawaaµug puu is swam Jo pbmu �„p, 3957241 08/16/201 3 03:12 PM Page 2of2 LEGAL, DESCRIP'COJJ. HEARTLAND PURCHASE PARCEL TO SECTION -LINE: A PARCEL OP LAND LYING IN THE SOUTHEAST1I4 OFRECTION 26 TOWNSHIP 4 NORTH, RANGE 66 WEST, OF TIE BIN PM., COUNTY OF WELD, STATE OP COLORADO BEING MORE.PARTICULARLY DESCRIBED AS FOLLOWS:. BASIS OF BEARING: CONSIDERING THE SOUTH LINE OFTHECOUTHEASr 1I4 OF 6ECTK3 26, TOWNSHIP NORTH, RANGE 06WEST, OF THE 6Tt4 PM; TO ED,R SOUTH 86°69'38' WEST MO WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE SOUTHEAST SECTION CORNER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE BS WEETSAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THESOUTH LINE OF THE SOUTHEAST I/4 OF MO SECTION 25 S82'53'33° W FOR ADISTANCE OF 2616.E FEET TO THE SOUTH ONE QUARTER CORNER OF SAµ) BECTmk25;. THENCEALOXNG THE NORTH.$OUTH'MIDSECTION LNE OF SAID SECTION 28, N 00'00WPE FOR A DISTANCE OF 255268 FEET TO THE CENTER CNE-UtMRTER CORNER* SAID SECTION 2E THENCE ALONG SAID NORTH.LNE OF SAID SOUTHEAST 1/4 OF SECTION 25, SB6'46M" EFORA DISTANCE OF 1322.03 FEET"; THHJCEDEPARTING FIND NORTH LSE, S 00'66'17' W FOR A DISTANCE OF 1712.39 FEET; THENCEN LINT0796' EFOR A DISTANCE OF 1$3,5BEEETTO A POINT OF CURVATURE; THENCE ON A CURVE TOTHEL.EFT, HAVING A RADIUS OF443,83,A CENTRAL ANGLE OF 3r467b', FOR AN MC DISTANCE OF800.OY FEET, THE CHORD OF WHICH BEARS N 69'398 E FOR A DISTANCE OF 294:400 THENCE N 50°46'16' E FOR A DISTANCE OF 393.43 FEET TO A POINT CECURVATURk THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 498,O7,ACENTRAL ANGLE OF41°68'38', FOR AN ARC LENGTH OF 380.69 FEET, THE 'CHORD OF WHICHBEARS N 7010617 E FOR A DISTANCE OF 362,60 FEET; THENCE N 89°6657 E FOR A DISTANCE -OF 236.53 FEET TO A POINT ON TIE EAST LINE OF SAID SOUHEAST 1/4; THENCE ALONG SAID EAST LINE S00'1186" W FORA DISTANCE OF 1407.60 FEET TOTHE POINT OFBEGINNING. CONTAINING A CALCULATED AREA OF 115.83 ACRES SUBJECT TO COUNTY ROAD RIGHT-OF-WAY RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR-1704 - HEARTLAND BIOGAS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on July 21, 2010, the Weld County Board of Commissioners approved Use by Special Review Permit, USR-1704, for Shelton Land and Cattle, Ltd., 23043 County Road 42, LaSalle, Colorado 80645, and Heartland Renewable Energy, LLC, 2400 Trade Center Avenue, Suite 201, Longmont, Colorado 80503, for a Solid Waste Disposal Site and Facility (including Class I composting, an animal waste recycling or processing facility [an anaerobic digester -based renewable energy plant - gas]), along with a Concrete Batch Plant to be used for construction of the facility in the A (Agricultural) Zone District, on the following described real estate, to -wit: Part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Heartland Biogas, LLC (successor to Heartland Renewable Energy, LLC), 15445 Innovation Drive, San Diego, California 92128, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with a copy of a Corporate Guaranty by EDF Renewable Energy, Inc., 15445 Innovation Drive, San Diego, California, 92128-3432, in the amount of $240,425.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept the form of said Corporate Guaranty as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Heartland Biogas, LLC, be, and hereby is, approved, conditional upon submittal of the original executed version of the collateral as described below. BE IT FURTHER RESOLVED that Corporate Guaranty by EDF Renewable Energy, Inc., 15445 Innovation Drive, San Diego, California, 92128-3432, in the amount of $240,425.00, be and hereby is, accepted 3985173 Pages: 1 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld Courty, CO ■IIIWPODT+.#JII4'IR1sMI,,+1! 41,1JW III!i'i4I■IIII Cam,' "10 6@,',e0 2013-3339 /d -!O_- "3 PL2072 EXHIBIT 18 IMPROVEMENTS AGREEMENT - HEARTLAND BIOGAS, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:�� Weld County Clerk to the Board BY: Deputy Cler ounty Attorney Date of signature: DEC 1 9 2013 rbara Kirkmeyer 3985173 Pages: 2 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO E11MOM:PA: kaki II III 2013-3339 PL2072 MEMORANDUM TO: Clerk to the Board DATE: 12/5/2013 FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For: Heartland Biogas, LLC (USR-1704) Request for Approval of Improvements Agreement: The Department of Public Works received a request from the applicant's representative, Tim Naylor/Ag Pro, requesting that the Board of County Commissioners consider approving the Improvements Agreement for a solid waste disposal site and facility (including Class I composting), an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas) along with a concrete batch plant to be used for construction of the facility , (USR-1704), located at CR's 49 & 40, south of the town of Kersey. Weld County Public Works Department reviewed the above -mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. Request for Acceptance of Collateral: The Department of Public Works received a request from the applicant's representative, Tim Naylor/Ag Pro requesting that the Board of County Commissioners consider accepting off -site collateral in the form of a Corporate Guaranty by EDF Renewable Energy, Inc., in the amount of $240,425.00, for the above -mentioned Improvements Agreement. Recommendation: The Department's of Public Works and Planning Services are recommending approval of the Improvements Agreement According To Policy Regarding Collateral For Improvements and the acceptance of off -site collateral, in the amount of $240,425.00 for Heartland Biogas, LLC (USR- 1704). pc: Elizabeth Relford, Public Works Tom Parko, Planning Services C:\Users\dbechler\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.utlook\C07XGS5G\Approve IA Accept Collateral (USR-1704) - Heartland Biogas- MEMO.doex IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Heartland Biogas, LLC (successor to Heartland Renewable Energy) — USR-1704 Part 1: Site Specific Provisions U job eIS IMPROVEMENTS AGREEMENT (this "Agreement") is made this Q— day of , 2013, by and between Heartland Biogas, LLC, a Delaware limited liability company whose address is 15445 Innovation Drive, San Diego, CA 92128, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Part of the SE4 of Section 25, T4N, R65W the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, County has approved a land use permit (USR-1704), for a solid waste disposal site and facility (including Class I composting), an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas) along with a concrete batch plant to be used for construction of the facility on approximately 80 acres on the above described real property, and WHEREAS, the Property Owner acknowledges that the issuance of USR-1704 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in the Plat Map and the set of accepted Construction Plans provided by Property Owner, copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits C (the "Plat Map") and D (the "Construction Plans" or the "Plans"), respectively, and WHEREAS, County acknowledges that Property Owner may engage in activity, as determined acceptable by County, and described in USR-1704 and/or activity related to the businesses described above while said improvements are being completed, and WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein or to commence the use of the Property as approved in USR-1704 within three (3) years of the approval of the permit issued under USR-1 704, may result in the revocation of USR-1704, upon consideration and order of the Board of County Commissioners, and WHEREAS, the Property Owner agrees that the failure to record the plat within the time limits imposed by the Weld County Board of County Commissioners, may result in the Page I of 22 C:\Users\dbechier\AppDala\Lecal\Micrasoft\Windows\Temporary Internet Files \Content.Outlook\CO7XGSSG\neartland Renewable Energy (USR-1704) Part 1 -Site Specific Provisions-DIA (12-6-13) (2).docx aex.-.33.39 DL 72 revocation of USR-1704, upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agree that the Property Owner shall provide collateral, in the form of a Corporate Guaranty by EDF Renewable Energy, Inc., for all off -site improvements required by this Agreement, upon execution of this Agreement, or at a time determined acceptable by the Board of County Commissioners. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements 1.0 Weld County Road 49 ("CR 49"): The Property Owner shall be responsible for the construction of certain on -site and off -site safety improvements, which shall include: construction of adequate asphalt paved turning radii sixty (60) feet at the main entrance onto CR 49, drainage and signage installations, as indicated on the accepted Construction Plans. The main entrance improvements will include; #1 -asphalt paving a minimum of three hundred by twenty- four (300 x 24) feet into the site from County Road 49 or #2 -asphalt paving a minimum of (100 x 24) feet into the site from County Road 49 and construct a double cattle guard set (one right after the other), in the exit portion of the roadway, to ensure a complete revolution of the truck tires. During the initial construction phase, the property owner agrees to commence construction of the improvements outlined herein, specifically, the construction of the paved left acceleration and left deceleration turn lanes on CR 49 at the facility entrance, with construction being completed no later than October 31, 2014. The left turn lanes improvements may be triggered due to heavy truck traffic associated with the facility; the following is the trigger for turn lanes: a. 5 vph turning left into the facility during a peak hour, initially (5:30- 7:00am & 3:30-5:00pm). Subject to change dependent on site activity. Prior to completion of the above -mentioned left turn lanes, the property owner agrees to require USR-1704 traffic adhere to a "Right In & Right Out" Traffic Pattern in order to maintain safe driving conditions for Weld County citizens on CR 49. The "Right In & Right Out" Traffic Pattern will generate a Detour Haul Route during the initial construction phase which will require the Property Owner to post MUTCD approved signage along the approved Detour Haul Route. The Detour Haul Route shall be attached to this Agreement and part hereof, as Exhibit E (the "Detour Haul Route Map"). Any additional traffic will indicate site operations which will require the installation of the following required auxiliary lanes. The Property Owner shall install a paved right acceleration lane on CR 49 at the facility entrance when traffic volumes meet the American Association of State Highway & Transportation Officials, (hereinafter "AASHTO") triggers of 25vph turning right into the facility during a peak hour and 50vph during right out of the facility during the peak hour, as referenced above. Granting of any new point of access may generate additional obligations with County for Off -Site Improvements and the need to post additional "Road Maintenance Collateral". A County access permit is needed for every access to a County road. 2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, on CR 49, and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT") and/or the County, and for all expenses associated therewith. These responsibilities Page 2 of 22 C:\Users\dbechler\AppData\LocaRMicrosoft\Windows\Temporary Internet Files \Content Outlook\C07XGSSG\Heartland Renewable Energy (USR-1704) Part I -Site Specific Provisions-DIA (12-6-13) (2).does include, but are not limited to the following: design, surveys, utility locates, present and future right-of-way clearances and permits; coordination with oil and gas operators and facilities, affected railroad facilities and affected irrigation facilities; traffic control; and project safety during construction. Any other future USR or amended existing USR that utilizes the designated improvements above may be required to pay a proportionate share of the improvements. Such a payment would result in a reimbursement of some of the cost to the Property Owner. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration, (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other Federal, State or County regulatory agencies. 3.0 Engineering Design and Construction Plans: All engineering designs and construction plans provided by Property Owner shall include, at a minimum, ingress/egress entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage pipe sizings and inverts, a cross section of the base/asphalt, approach roads, and adequate turning radii, and pavement markings. Construction drawings are required for auxiliary lanes on CR 49, as described in Section A.1.0. In addition a geotechnical asphalt pavement design to accommodate heavy truck traffic, prepared by a Professional Engineer licensed to practice in Colorado, is required for CR 49. These Plans, when reviewed and accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this Agreement. All plans showing work within the County Right -Of -Way shall be reviewed and accepted by Weld County, prior to the start of construction. For all construction in the County right-of-way, prior to the issuance of any access permit or right-of-way permit, a construction schedule giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. 4.0 Construction Standards: All construction and materials controls for a project and any designated improvements shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. 5.0 Traffic Control: Prior to the construction in the County right-of-way and as a condition of issuance of any access permit or right-of-way permit, the applicant shall submit a traffic control plan for County review. During construction, signage shall be posted in accordance with the then current version of the Manual of Uniform Traffic Control Devices (hereinafter "MUTCD"). 6.0 Off -Site Dust Control/Abatement and/or Paving (If Applicable): The Property Owner is required to provide dust abatement along affected Haul Route Roads approximately two to five times per year, as determined by the County. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current Truck Trip ESAL Counts that identify traffic loading due to Property Owner - sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner haul truck traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of haul truck traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of truck traffic on all affected roads. Page 3 of 22 C:\Users\dbechIer\AppDatatocal\Microsoft\ WindowslTemporary Internet Files\Content.Outlook\C07XGSSG\neartland Renewable Energy (USR-1704) Part 1 -Site Specific Provisions-DIA (12-6-13) (2).docx 7.0 Future Improvements: Future improvements to the haul route(s) may be required by County. Property Owner shall address all County access issues associated with afore- mentioned haul route. Future County mandated measures may include improvements to any haul route intersection or roadways then utilized by Property Owner. Property Owner shall pay a proportionate share of the cost of the entire project including engineering designs and construction plans based on the Property Owner's share of ESAL Counts using then current data on the haul route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. In order to accurately determine percentage of Property Owner haul traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. Future improvements will be subject to any Federal, State or County regulations in place at the time the improvement project is initiated. 8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall not be required to complete the aforementioned offsite improvements as described in Sections A.1.0-2.0 until the occurrence of the triggering event for each improvement, namely the application for the Grading Permit, Building Permit or Right -Of -Way access permit or the commencement of activities on the property(s). At that time, Property Owner agrees that the required collateral will be posted and all on -site and offsite improvements shall commence and shall be completed within the parameters established in Sections A.1.0, A.3.0 and E.7.2, and Exhibit B, herein. 9.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact a representative of the Weld County Department of Public Works and request an inspection of the off -site improvements described in Sections A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Sections E.6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted Construction Plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 1.0 Established Haul Routes from the facility access point, following completion of turn lane improvements as described in Section A.1.0 of this Agreement: 1.1 Exiting or entering the site: Haul trucks shall enter or exit the site via the proposed access, directly onto County Road 49 to disperse north or south. Until auxiliary lanes can be constructed, as described in Section A.1.0, the construction traffic shall enter and exit the site in a right-in/right out movement to ensure the safety of trucks accessing County Road 49 in a safe manner. Any County roads routinely utilized by USR-1704 haul traffic may become part of the established haul routes. Page 4 of 22 C:\UserAdbechler\AppData\Local\Mlcrosoft\Windows\Temporary Internet Fi@s\Content.Outlook\C07XGS5G\Ileartland Renewable Energy (USR-1704) Part 1 -Site Specific Provisions -DU (12-6-13) (2).docx 1.2 No haul truck may exceed CDOT required specifications for pounds per axle. 1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned haul route for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), which shall be established by County at the time that the deviation is allowed. If County approves such deviation, trucks will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Section 4.0 of this Section B. In the event that haul truck traffic, in excess of 15% of the daily facility truck trips, utilizes alternate haul routes, the provisions of Section 4.0 of this Section B shall be triggered. 2.0 Haul Route Signage: Property Owner shall install haul route signs, as per MUTCD standards, at all exit points of the Property and along the Detour Haul Route which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No Deviation from Permitted Haul Routes: Except under the provisions provided in Section B.1.3, no deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or site operator to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in the opinion of County has been created by hauling to and from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above - described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads which are included within the new haul route. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any Page 5 of 22 C:\Users\dbechler\AppData\LocallMicrossofnWindows\Temporary Internet Files\Content.Outlook\C07XGSSG1Freartland Renewable Energy (USR-1704) Part 1 -Site Specific Provisions-DIA (12-6-13) (2).docx roadway damage, caused by Property Owner (or its contractors, clients, tenants or customers) that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 1.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If such repair is not commenced within such forty-eight (48) hour period, County shall have the right to draw on the Road Maintenance Collateral and use such funds to perform such repair. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 1.2 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul route road portion will require paving measures in order to protect the public health, safety, and welfare, and has budgeted sufficient finds for the following calendar year to pay its share of the Off - She Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off -Site Construction Plans and Cost Estimates to County for review. Property Owner shall have responsibility for the completion of the repairs and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 1.3 In County's discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent with Section C.3.0 of this Agreement. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other Property Owner and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data becomes available. Page 6 of 22 C:\Users\dbccbler\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\C07XGS5G\lreartland Renewable Energy (USR-1704) Part 1 -Site Specific Provisions-DIA (12-6-13) (2).docx 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration based on the number of Haul Trip ESAL Counts using then current data of haul trips entering or exiting Property Owner's site onto the haul route in the implementation of the above -mentioned improvements. Notification to the Property Owner of the required roadway replacements will be given as soon as the data becomes available and typically takes place before the end of the year prior to the start of the replacement project, as described in Section C.1.0 above. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owner and/or Lessees: It is anticipated that Property Owner and other Property Owner and/or Lessees subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner and/or Lessee, and other Property Owner and/or Lessees shall be conducted pursuant to separate agreements between the Property Owner and other Property Owner and/or Lessees. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits A and B such non-performance will constitute a violation of Property Owner land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for setting a probable cause hearing according to the procedures described in Section 2-4-40 of Weld County Code. Revocation of USR-1704 as it now exists or may, from time to time, be amended is a remedy which County may impose. D. On -Site Improvements: (No On -Site Collateral is required for USR-1 704 but Property Owner shall complete all On -Site Improvements as shown on the accepted Construction Plans and Plat Map for USR-1704.) 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping and re -seeding of the property where applicable as shown on the 11111 accepted construction plans and USR-1704 plat map . Specifically, Property Owner shall at its al own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re- seeding where applicable as shown on the accepted construction plans and USR-1704 plat map. ▪ Additionally, the Property Owner shall install and/or maintain fencing to screen the property U- where applicable as indicated on the accepted construction plans and USR-1704 plat map. In the event any of these improvements may include work extending into State or County Right -Of - s_ Way, a Right -Of -Way or access pclinit is required. • r LL0r- tn�r� nacir m¢" grow f1Mms' &cis' rNo u,mm -. to 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its own expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the Property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as further described in the accepted Construction Plans and USR-1704 Plat Map. Any on -site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be responsible for all Page 7 of 22 C:\Users\ dbeckler\AppDataTocallMicrosoft\Windows\Temporary Internet Files \Contentoutlook\C07XGSSG\Heartland Renewable Energy (USR-1704) Part i-Site Specific Provisions-DIA (12-6-13) (2).docx maintenance of the onsite improvements. Refer to Section A.1.0 of this agreement for specific paving requirements extending into the facility site from CR 49. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way or access permit is required. 3.0 Timing of Improvements: Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the earlier of approval of the grading permit or an amendment to the existing USR. The approved Agreement Between Weld County, Colorado and Heartland Biogas, LLC, for the Conditional Early Release of Grading Permit GRD13-00014, dated June 19, 2013 allows for the release of the grading permit prior to collateral being posted for the associated improvements. The Construction Plans have been submitted to and accepted by the Department of Public Works for the on -site grading as approved and permitted by Weld County Grading Permit # GRD13- 00014 dated June 19, 2013. Access and/or Right -Of -Way permits might also be required prior to approval of the grading permit. Grading shall not commence until grading plans are accepted. Any alterations to the accepted Construction Plans must be pre -approved in writing by the County Planning and Public Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all landscaping and other on -site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On -Site Improvements: Upon completion of the on -site improvements, Property Owner shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on -site improvements described in Section D.1.0 and D.2.0 above. The County's representatives may then initiate the acceptance process set forth in Section E.6.0, sections 6.1-6.3. "End of Part 1" 3985173 Pages: 10 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO VIII�1�1�,�ZLi:shV,Nal irrCR11111 Page S of 22 C:1Users\dbechler\AppData\Local\MicrosoftlWindows\Temporary Internet FilestConteat.Outlook\C07XGS5Glneartland Renewable Energy (USR-1704) Part 1 -Site Specific Provisions-DIA (12-6-13) (2).docx IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Heartland Biogas, LLC (successor to Heartland Renewable Energy) — USR-1 704 Part 2: General Provisions E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at the sole expense of Property Owner, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR-1704 Plat Map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, which are attached hereto and/or incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On -site), and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" (Off -site). The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Property Owner. M:\PLANNINGDEVELOPMENT REVIEW1—Pre-Accela Refer9 of 22 rals (Old Old Numbering) \USR-Use by Special Review \USR-1704 Heartland Renewable Resources\mprovements Ageement1Heartland Renewable Energy (USR-1704) Part2-General Provisions -HA (12-3-13).dncz 3985173 Pages: 11 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, C0 •IIIrAr'2NII''hANiLlCh,ikeirk,1trcilliM4iti+f,PHI &V/3 -S3 f 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of On -Site and Off -Site Improvements: Property Owner shall warranty all improvements to public rights -of -way, (if any), and all privately created and maintained roads or rights -of -way, or easements, and all on -site improvements for a period of two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of On -Site and/or Off -Site Improvements by the County: Upon compliance with the following procedures by the Property Owner, the improvements shall be deemed accepted by the County, if collateral had been initially posted for the improvements. The BOCC does not represent or ensure the on -site improvements will be constructed and/or available for their intended use(s). 10 of 22 M:\PLANNING -.DEVELOPMENT REVIEW\-Pre-Accela Referrals (Old Numbering)\USR-Use by Special Review \USA -1704 Heartland Renewable Resources \ Improvements Agreement\Heartland Renewable Energy (USR-1704) Part 2 -General Provisions -PIA (12-3-13).doex 3985173 Pages: 12 of 31 12/19/2013 10:33 RM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO FJ4ii r ,c'till1,V'IL'r,101,fh14,Ill III 6.1 If requested by the Property Owner and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 6.3a Upon completion of the construction of the required off -site improvements, and the filing of a Statement of Substantial Compliance by Property Owner's engineer, the Property Owner may, as set forth in Section A.12.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. The County Engineer shall reinspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 6.3b Upon completion of the construction of the required on -site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by Property Owner's engineer, the Property Owner may, as set forth in Section D.4.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted if collateral had been initially posted for the improvements, and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. The County Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from the Property Owner that said II of 22 M:\PLANNING — DEVELOPMENT REVIEW\—Pre-Accela Referrals (Old Numbering)\USR-Use by Special Review\U5R-1704 Heartland Renewable Resources\Improvements Agreemenl\Aeartland Renewable Energy (USR-1704) Part 2 -General Provisions -PIA (12-3-13).docx 3985173 Pages: 13 of 31 12/19/2013 Stteve t Moreno, Clerk and Recorder, Weld County, CO VIII fhiN'liT wrkit!k?V i(i•li 111 III deficiencies have been corrected. If the County Engineer and/or Department of Planning Services fmd that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: (Currently no on -site collateral for USR-1704 is required, but possible future on -site collateral may be required by County, should the Property Owner revise conditions of operation in the future.) 7.1 County requires Property Owner to provide collateral to guaranty all of Property Owner's obligations under this Agreement: (1) Project Collateral for completion of all improvements described in this Agreement shall be provided for off -site improvements with no on -site collateral for USR- 1704 required at this time. Possible future on -site collateral may be required by County, should the Property Owner revise conditions of operation in the future. (2) Warranty Collateral required for all improvements during the warranty phase; and (3) Road Maintenance Collateral (If Applicable) to be kept in place for the life of the permit. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements indentified on the accepted Construction Plans and USR13-0014 Plat Map and further enumerated in the costs listed in Exhibit "A," must be equivalent to One -Hundred Percent (100%) of the value of the improvements as shown in this Agreement This collateral must be submitted to County upon the submission of the Property Owner's application of a grading, building, and/or right -of way permit, or at a time determined acceptable by the Board of County Commissioners, and shall be held in total by County as provided in Paragraph E. 7.3 below until all improvements have been completed. 7.3 Warranty Collateral for all off -site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.4 In the event Property Owner fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent necessary to complete said improvements or repairs in order to preserve public interest. 7.5 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners or at the time of approval of this Agreement, if no Project Collateral was 12 of 22 M:PLANNING — DEVELOPMENT REVIEW\—Pre-Accela Referrals (Old Numbering)\USR-Use by Special Review\USR-1104 Heartland Renewable Resources\Improvements Agreement\Heartland Renewable Energy (USR-1704) Part 2 -General Provisions -PIA (12-3-13).docx 3985173 Pages: 14 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII �J�1A'l��ln�'�IL�t,µh Y'illrAML%l'i 1IIN 11111 initially submitted. Road Maintenance Collateral is held for use on roads associated with the designated haul route. If no Project Collateral was initially submitted, Road Maintenance Collateral shall be submitted at the time of approval for this Agreement or at such time that approved USR-1704activities are initiated. The submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads or $2,400.00 for facilities adjacent to gravel haul route roads, and the amounts will be listed on Exhibit "A"- Cost Sheet (OFF-SItE). Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to Property Owner upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by County, if following notification to Property Owner of required roadway safety related repairs, Property Owner fails to perform said repairs within the time allowed in County's notification. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. 7.5.1 Road Maintenance Collateral Option (For Materials Haulers): In lieu of cash collateral, Property Owner may submit funds quarterly to Weld County, at a rate of ten (10) cents per ton, based on the amount of processed material leaving the site. These funds will be escrowed by the County and utilized for roadway repairs specific to the USR's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the USR site. Subsequent quarterly payments will be deposited in the associated escrow account until the USR permit is terminated. Utilization of this collateral option will negate any further obligations of the Property Owner and/or Property Owner to participate in any future maintenance and/or improvements projects for the associated Haul Route. Upon vacation of the USR for this facility and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining funds in the escrow account will be returned to the USR Permittee. 7.5.2 Road Maintenance Collateral (For Off -Site Dust Control — If Applicable): The total costs for materials and application, will be listed on Exhibit "A" (OFF -SITE) — Dust Control, of this agreement. These funds will be utilized by the County for roadway applications specific to the USR's designated haul route, only if the Property Owner does not adhere to the requirements for dust suppression as specified in Section A.9.0 of this agreement. Following completion of all construction phases, and/or upon vacation of this USR, and M:\PLANNING — DEVELOPMENT REVIEW\—Pre-Accela Referr13 of 22 als (Old !Numbering)\USR-Use by Special Review \USR-1704 Heartland Renewable Resources Improvements Agreement\Heartland Renewable Energy (USR-1704) Part 2 -General Provisions -PIA (12-3.13) does 3985173 Pages: 15 of 31 12/19/2013 10:33 CM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO in McColl : r.R�S44;dhWKi �4Cf fGl� Ylti�h "! II I following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining Dust Control collateral will be returned to the USR Permittee. 7.6 Acceptable Project Collateral shall be submitted when the Property Owner submits an application for the Grading Permit, Building Permit, or Right - of -Way Access Permit prior to commencement of Site Preparation, as herein defined. 7.6.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the then current value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations, except with prior County consent. The improvements shall be completed within the time schedule set forth in Exhibit "B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Property Owner's operations pursuant to USR-1704that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the execution of this Agreement Weld County may require Property Owner to obtain current cost figures for one or more of the Improvements. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to one -hundred percent (100%) of the total value of the improvements set forth in the Improvements Agreement and the Nat; the LOC shall be subject to the requirements of Weld County Code Section 2- 3-30 B. The Property Owner shall utilize only a County approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY LE Fl _ ER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner upon request. 7.8 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, 14 of 22 M'PLANNING- DEVELOPMENT REVIEW\—Pre-Accela Referrals (Old Numbering)\USR-Use by Special Review\USR-1704 Heartland Renewable Resourcesllmprovements Agreement Heartland Renewable Energy (USR-1704) Part 2 -General Provisions-FTA (12-3-13).docz 3985173 Pages: 16 of 31 12/19/2013 10:33 API R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO lIII klJIIl ii, i hM%I A'WIVill41103154+A iklfl , II III COLORADO). A copy of said form shall be provided to Property Owner upon request. 7.9 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. In the event the Property Owner is required to warranty the improvements, the Property Owner shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.10 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a' three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Property Owner within sixty (60) days of the Board's notice to Property Owner that the rating has fallen and that the collateral must be replaced. Property Owner may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the USR-1704 Accepted M:\PLANNING- DEVELOPMENT REVIEW—Pre-Accela Referrals of Numberin \USR- ( g) Use by Special ReviewlUSR-1704 Heartland Renewable Resources \improvements Agreement\Heartland Renewable Energy (USR-1704) Part 2 -General Provisions-FiA (12-3-13).doex 3985173 Pages: 17 of 31 12/19/2013 10:33 RN R Fee:$0,00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII N��1P1,+tP�,�Fl�rd411,tt<h� � L'14iW ! Th 13 II III Construction Plans and Plat Map, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works, the Property Owner (if Property Owner has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site and/or off -site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off -site improvements (including improvements to public rights -of -way or easements), the written request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 16 of 22 M: PLANNING — DEVELOPMENT REVIEW\-Pre-Accela Referrals (Old Numbering)\USR-Use by Special Review \USR-1704 Heartland Renewable Resources\[mprovements Agreement\Heartland Renewable Energy (USR-1704) Part2-General Provisions-FIA (12-3-13).docx 3985173 Pages: 18 of 31 12/19/2013 10:33 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO fill 1118?4141r:Kil1id(+HKlN PiICFi11111 8.10 For all off -site improvements (including improvements to public rights -of - way or easements), the written request for release of "Warranty Collateral" shall be accompanied by "Road Maintenance Collateral" (If Applicable) as specified in Section E.7.5 of this Agreement. "Road Maintenance Collateral" for roads associated with the designated haul route shall be maintained as long as the USR is active. 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Property Owner without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. (See paragraphs F. 1.2 and 2.2 below) Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Property Owner in whole or in part from obligations under this Agreement. County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. F. Termination of Agreement: 1.0 Termination Event: This Agreement shall terminate upon the earliest of the following events: 1.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Operator's complete cessation of all activities permitted under USR- 1704or any amendments thereto. A partial cessation of activities shall not constitute a M:\PLANNING— DEVELOPMENT REVIEW—Pre-Aceela Relen17 of ts (O 22 dNumbering)\USR-Use by Special Review\USR-1704 Heartland Renewable Resources\ Improvements AgreemenAfleartland Renewable Energy (USR-1704) Part 2 -General Provisions -FM (12-3-13).docx 3985173 Pages: 19 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII Mi��lL��l�,��4�6ilY,lk�8�d4,1i ��1�3� n'NGR��V��1 �i III Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Operator shall provide written notice to Property Owner and County of said cessation of activity, which County shall then verify. If written notice is not provided to County, Termination of this Agreement shall not occur until County has determined that the Use by Special Review is inactive, which shall be three (3) years following County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Weld County Code. 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704" by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704with a new Property Owner who has purchased the Property, and intends to make use of the rights and privileges available to it through the then existing USR. 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704" by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704 with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing USR. 2.0 Termination Procedures. 2.1 Termination Procedures Following Cessation of Permit Related Activities: Following the events outlined in paragraph 1.1 above, County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the Property. The results of the inspection shall be delivered in writing to the Property Owner and Operator. If the County determines that pursuant to the terms of this Agreement, the Operator must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: If the Property Owner or Operator desires to assign its rights and obligations under this Agreement to a successor Property Owner or Operator, the Property Owner or Operator shall, prior to the transfer, provide County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be made. Following receipt of the Notice to Transfer, County shall inspect the improvements required under the terms of this Agreement to determine whether the improvements have been completed. If the improvements have not been completed, the Property Owner and/or Operator shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such 18 of22 M:\PLANNING — DEVELOPMENT REVIEw4-Pre-Accela Referrals (Old Numbering)\USR-Use by Special Review USR-1704 Heartland Renewable Resources\lmprovements Agreement\Heartland Renewable Energy (USR-1704) Part 2 -General Provisions-FIA (12-3-13).docx 3985173 Pages: 20 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO VIII M��1�'l�1Gl� 'RICKY laN PONE IA II III collateral is not in place. If collateral is available at the time, County shall hold a hearing to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Operator and/or Property Owner would be required to perform road maintenance within the following twelve months had the Agreement not been assigned. If road maintenance is, in the opinion of County, required, Property Owner and/or Operator shall be required to either perform the road maintenance or to post collateral equal to the cost of said maintenance. County shall not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704 with a successor Property Owner and/or Operator prior to the performance of the road maintenance or the posting of collateral for said maintenance, unless the new Property Owner and/or Operator posts collateral for the required maintenance. 3.0 Consequence of Termination by Cessation of Permit Related Activities: Following County's confirmation that Property Owner and/or Operator has/have ceased all permit related activities and has/have completed previously uncompleted Improvements and or completed any required road maintenance, County shall release Property Owner and/or Operator from all further obligations under this Agreement. No Further permit related activities shall be permitted unless and until approved by County following execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704 with a Property Owner and Operator. 4.0 Consequence of Termination by Execution of Replacement Improvements Agreement: Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704 with a successor Property Owner and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights and/or obligations under this Agreement or in USR-1704. 5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that activities related to USR-1704 cease as a result of the revocation of the permit as described in Section E.11.0 of this Agreement, neither Property Owner nor Operator will be released from any of the obligations imposed by the terms of this Agreement only after Property Owner's successful completion of all improvements required under this Agreement or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests. G. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. Fl. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which the County believes constitute violation. Property Owner shall have thirty (30) days within which to either cure the 19 of 22 M:\PLANNING— DEVELOPMENT REVIEW \—Pre-Accela Referrals (Old Numbering)\USR-Use by Special Review\USR-1704 Heartland Renewable Resources\Improvements Agreement\Heartland Renewable Energy (USR-1704) Part 2 -General Provisions-FIA (12-3-13).dncx 3985173 Pages: 21 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III1)' I2,'Pu�'�)' JTb+it�Jfi I !!Ii',M4w1St'#II 11i 11111 violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in good faith that a violation of the terms and conditions of this Agreement still exists (despite cure), County may enforce by any legal means, including, but not limited to, legal action for equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral (if applicable), and/or administrative action of the County to suspend or revoke the underlying land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld County Code. Violations of the terms and conditions of this Agreement include, but are not limited to, violations of the agreements Property Owner must enter into as required by this Agreement, and/or failure to enter into such agreements in a timely manner. I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. J. Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 20of22 M:\PLANNING — DEVELOPMENT REVIEW\—Pre-Accelu Referrals (Old Numbering)\USR-Use by Special RevievhUSR-1704 Heartland Renewable Resources\Improvements Agreement\Heartland Renewable Energy (USR-1704) Part2-General Provisions -RA (12-3-13).docz 3985173 Pages: 22 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 N!�1Rf�ti�'�kU�GktK'1t��Jl� It+4l�� rdIRno, II III IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY (Heartland Biogas, LLC) OWNER: BY: EDF Renewable Development, Inc, SIGNATURE �� .yam' es, PRINTED NAME R/RLP/{ OAL Y TITLE (If Applicable) STATE OF COLORADO County of Weld Vice P,ecsiDEWT SS. The foregoing instrument was acknowledged before me this Tday of l ut/ 1? - 2013, by ,k pk I&t v rem peesi 5 �e d Q��J fh jrzacr� WITNESS my hand and official seal. My commission Expires: 6laalaoii 1�y€PTi anuIA4, otary Pub is o`"�l`11A q c9,' t4 o F. A, cla11C ..I Co1OcP \ ltA h�Fnniimnt"- �B ones a M:'YLAN4ING— DEVELOPMENT REVIEW\—Pre-Accela Referr21 of 22 als (Old by Special Review \USR-1704 Heartland Renewable Resources\Improvements Agreement Heartland Renewable Energy (USR-1704) Part2-General Provisions-FIA (12-3-13).docx 3985173 Pages: 23 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 Mir.AIL'7iJrY il1Jliti f i ! Jhhl ci' I'I IWaG41I i'i, Ill III BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: air Weld County Clerk to the Board BY: Deputy Clerk : the Board APPROVED AS TO FORM: County Attorney 3985173 Pages: 24 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell 11111 DEC 0 9 2013 M:IPLANNING - DEVELOPMENT REVIEW—Pre-Accela Referr22 of 22 als (Old \ Numbedng)1USR-Use by Special Review\USR-1704 Heartland Renewable Resou`ees\Improvements Agreement\Heartland Renewable Energy (USR-1704) Part 2 -General Provisions -PEA (12-3-13).docx a70/: - .�*?/ ' ! EXHIBIT A - Cost Sheet (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR: i'f L (11/i (0,4 O' S t IrLL' Filing/Case #: I104 Location; £2 !2 4' Personnel Contact: Name 011A. ROL('br:0n. Intend. to be !malty bound the urrders' n cdA Ucant hereb M Improvements (Leave spaces blank where they do not apply) Site Grading r PP Onantity Street Grading ' DD Street Base r agrees TideT rOj MT; to provide throughout this (ac/lire the fallowing improvements. PbeDe (OFF -SITE) Street Paving Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert 310 3 100 Piga Unit Costs IS) Tstitaated Construction Cost Is) te Lr LC //,6v 275 35/Q5o Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Entrance/Access Improvements Erosion Control MeasuresBMP's Road Maiat. Collateral (per Sec. E.-7.5) Dust Control (per Sec. E.-7.5.2) Water Supply Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names (aCO Signage & Pavement Marking i-k-Pa fie Co(t I �)t DO Fencing Requirements Landscaping (Seeding, Trees, etc.) Park improvements IF C -1 e c(,c- e 4A. co.ri 5i.st54-A t �, f I'[ 1(lCl t _ !MCA"! SUR-TOTAL: Engineering and Supervision Costs $ ti 2000 ODU Lt'o1'17i17 (Testing, inspection, as -built plans and work in addition to preliminary and final pintt; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S 3985173 Pages: 25 of 31 12/19/2013 10:33 Ail R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 'III rid 112 '4r..I1fil litt,I1 fOWivi 11111 EXHIBIT A - Cost Sheet (OFF -SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: j/(LE /91ESWIAir Date DECEMBER 6 >20 13 Title By: Applicant Title 3985173 Pages: 26 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO NUM,:i.Eirhiliti, BPI Date , 20 Name of Facility: III :CVO $100 (ON -VT'): Filing/Case tt: Personnel Contact: Name Intending to be legally haunch the undersignedApp!leant hereby apr Title: Location: Phone: Improvements (Leave spaces blank where they do not apply) :: :(UN SITE.)::-:. --' '''' ��,••.... •.. :'::: �: �:[[t:':':-. Quantity Units Unit Costs (S) Estimated Construction Cost jPUBLIC WORKSj (S) Site Grading Street Grading Street Base, Gravel for Parking Street Paving Pavement Marking Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access (per Sec. E.7.2) Erosion Control Measures/BMP's Road Maint. Collateral (per Sec. E.7.5) Dust Control (per Sec. E.7.5.2) Fire Hydrants Survey, Street Monuments/Boxes `.PLANNING SERVICES j Parking Area, Curb Stops, Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements 3985173 Pages: 27 of 31 12/19/2013 10:33 Rt1 R Fee:$0.00 Handicap Accessibility, Parking & Rails Steve 0oreno, Clerk and Recorder. Weld County, Co ®uI PraIR Th G�� I Septic Systems iiiI ith�ne�il�u of .killk till SUB -TOTAL: - (1 eating, inspection, as- Engineering and Supervision Costs ($) final plat•, supervision oat plans and work an ad of actual construction ition to preliminary and by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION OS) E BIT S r: ost Sheet (PP(' IT'E} ignatsl ge The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: Applicant Date , 20 _ Title By: Applicant Date , 20 Title 3985173 Pages: 28 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO SIII frfluI1� �J, 'k Vli J�.f�I R �rf I� P, 'IL''r Yoh tl II I EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, FED, USR, RE, SPR: Filing/Case Si Location: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements All improvements shall be completed within years from the date of approval of the final plat. Construction of the umpfovements I Improvements (Leave spaces blank where they do not apply) Time Schedule O -.ar) OFF-sn'E) lPUBLIC WORKS, Site Grading Street Grading Street Base, Gravel for Parking Street Paving Pavement Marking Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access Erosion Control Measures/BMP's Fire Hydrants Survey, Street Monuments/Boxes J,PLANNING SERVICESI Parking Area, Curb Stops, Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails Septic Systems Final Completion Date for Entire Prolect 3985173 Pages: 29 of 31 12/19/2013 10:33 All R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII F4P.rII'RPr'ikVlhki{PAriII'L%I:SI'I%li itIII EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Date , 20 _ Title By: Applicant Date , 20 Title 3985173 Pages: 30 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIII Mir1inkiFl+IGiGFhiffti+ lilaVlltl ill?'df i II III O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx Exhibit E "Detour Haul Route Map" for USR-1704 44 44 r LO USR-1704 SITE e<® .1 CR49 --� CR 49 RIGHT -IN & RIGHT -OUT' TRAFFIC PATTERN AT FACILITY ACCESS r to 3985173 Pages: 31 of 31 12/19/2013 10:33 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO VIIIIiiIrdkftriNIANNINIIIIALili ilR1/2110114,slIII CR 40 co 1n Legend Paved Gravel 1 Arterial Service 2 Local Service 3 Half and Half S 0 970 1,940 Feet GUARANTY This GUARANTY (the "Guaranty") is made as of December 9, 2013 by EDF Renewable Energy, Inc., a Delaware corporation ("Guarantor"), for the benefit of the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (the "Beneficiary"). Guarantor and the Beneficiary are sometimes collectively referred to herein as the "Parties." RECITALS A. A subsidiary of Guarantor, Heartland Biogas, LLC (the "Company") and the Beneficiary are entering into that certain Improvements Agreement According to Policy Regarding Collateral for Improvements (as amended, modified and supplemented from time to time, the "Agreement"), pursuant to which the Beneficiary and the Company are agreeing to certain requirements related to the on -site and off -site improvements the Company will undertake in connection with the construction of the facilities contemplated by a Use -by -Special Review for Property located in Weld County, Colorado (USR-1704). B. The Beneficiary's willingness to enter into the Agreement is conditioned upon the issuance by Guarantor of this Guaranty. C. Guarantor is willing to issue this Guaranty on the terms and conditions set forth herein. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows: SECTION 1. Definitions. 1.1 Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Agreement. 1.2 As used in this Guaranty, the following terms shall have the following meanings: "Business Day" means a day of the year on which banks are not required or authorized by law to close in the State of California or Paris, France. "Guaranteed Obligations" means any and all of the obligations of the Company under the Agreement subject to the limitations set forth in the Agreement. 1.3 In this Guaranty: (a) unless otherwise specified, references to Sections and clauses are references to Sections and clauses of this Guaranty; and (b) except as otherwise specifically provided herein, including without limitation in this Section 1.3(b) references to any document or agreement, including this Guaranty, shall be deemed to include references to such document or agreement as amended, supplemented or replaced and in effect from time to time in accordance with its terms and subject to compliance with the requirements set forth therein; 1.4 The captions and section headings appearing herein are included solely for convenience of reference and are not intended to affect the interpretation of any provision of this Guaranty. SECTION 2. Guaranty. Subject to the provisions hereof, Guarantor hereby unconditionally and irrevocably guarantees, to the Beneficiary, as primary obligor and not as surety, the full and prompt payment when due of the Guaranteed Obligations. To the extent that Company shall fail to pay any Guaranteed Obligations, Guarantor shall promptly pay to Beneficiary the amount due. SECTION 3. Limitation on Guarantor's Liability. Guarantor's liability hereunder shall be and is specifically limited to payments expressly required to be made in accordance with the Agreement, and in no event shall Guarantor be subject hereunder to any indirect, special, incidental, exemplary or consequential damages, losses, or liability of any kind whatsoever, including loss of utilization or use, loss of opportunity, loss of profits, business interruption or expected income, or any other damages, costs or attorneys' fees. The foregoing limitation shall apply for any and all manners of liability including liabilities based in contract, tort, statutory, regulatory, environmental or any basis in any law or equity. Notwithstanding anything herein to the contrary, the maximum aggregate liability of Guarantor in respect of the Guaranteed Obligations is limited to and shall not exceed Two Hundred Forty Thousand Four Hundred Twenty -Five Dollars ($240,425) (it being understood that any payment by Guarantor or Company of any portion of the Guaranteed Obligations shall limit and reduce Guarantor's maximum aggregate liability hereunder on a dollar -for -dollar basis). Except as specifically provided in this Guaranty, Beneficiary shall have no claim, remedy or right to proceed against Guarantor or against any past, present or future stockholder, partner, member, director or officer thereof for the payment of any of the Guaranteed Obligations, as the case may be, or any claim arising out of any agreement, certificate, representation, covenant or warranty made by Company in the Agreement. SECTION 4. Payment Demand. If Company fails or refuses to pay any Guaranteed Obligations when due and owing, Beneficiary shall notify Company in writing of the manner in which Company has failed to pay and demand that payment be made by Company. If Company's failure or refusal to pay continues for a period of three (3) days after the date of Beneficiary's notice to Company, and Beneficiary has elected to exercise its rights under this Guaranty, Beneficiary shall make a demand upon Guarantor (hereinafter referred to as a "Payment Demand"). A Payment Demand shall be in writing and shall reasonably and briefly specify in what manner and what amount Company has failed to pay and an explanation of why such payment is due and owing, with a specific statement that Beneficiary is calling upon Guarantor to pay under this Guaranty. A Payment Demand satisfying the foregoing requirements shall be deemed sufficient notice to Guarantor that it must pay such Guaranteed Obligations and such payment shall be made to Beneficiary by Guarantor within three (3) days after receipt of such Payment Demand. A single written Payment Demand shall be effective as to any specific default under the Agreement that is susceptible of being cured by the payment of 2 money during the continuance of such default and additional written demands concerning such default shall not be required until such default is cured. SECTION 5. Nature of Guaranty. This Guaranty constitutes a guaranty of payment when due and not of collection, and Guarantor specifically agrees that it shall not be necessary or required that the Beneficiary exercise any right, assert any claim or demand or enforce any remedy whatsoever against Company, either before or as a condition to the obligations of Guarantor hereunder; provided that Guarantor shall have the benefit of and the right to assert any defenses against the claims of the Beneficiary which are available to Company, and which would have also been available to Guarantor if Guarantor had been in the same contractual position as Company under the Agreement, other than (i) defenses arising from the insolvency, reorganization or bankruptcy of Company, (ii) defenses expressly waived in this Guaranty, and (iii) defenses previously asserted by Company against such claims to the extent such defenses have been finally resolved in the Beneficiary's favor by a court of last resort or by arbitration conducted pursuant to the Agreement. For the avoidance of doubt, a payment shall be due for purposes of this Guaranty only when and if a payment is due and payable by Company to the Beneficiary under the terms and conditions of the Agreement. SECTION 6. Unconditional Obligations. An action may be brought and prosecuted against Guarantor to enforce this Guaranty, irrespective of whether any action is brought against Company, or whether Company is joined in any such action or actions. The liability of Guarantor under this Guaranty shall be continuing, irrevocable, absolute and unconditional irrespective of, and Guarantor hereby irrevocably waives, any circumstance which constitutes a legal or equitable discharge of a guarantor or surety other than satisfaction in full of the Guaranteed Obligations. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by the Beneficiary upon the insolvency, bankruptcy or reorganization of Company or otherwise, all as though such payment had not been made and, in such event, Guarantor will pay to the Beneficiary upon demand an amount equal to any such payment that has been rescinded or returned. SECTION 7. Waiver. Except as set forth in this Guaranty, Guarantor hereby unconditionally waives (a) presentment, demand of payment, protest for nonpayment or dishonor, diligence, notice of acceptance and any other notice with respect to any of the Guaranteed Obligations by the Beneficiary, and (b) any requirement that the Beneficiary enforce or exhaust any right or remedy or take any action against Company. SECTION 8. Subrogation; Setoffs and Counterclaims. Notwithstanding anything in this Guaranty to the contrary, and in addition to any other rights of the Beneficiary to which Guarantor or any of its designees maybe subrogated, to the extent Guarantor shall make or cause to be made any payment pursuant to this Guaranty, Guarantor shall be subrogated to all rights the Beneficiary may have under the Agreement in respect thereof; provided, however, that Guarantor shall be entitled to enforce such right of subrogation only after all rights of the Beneficiary with respect to the Guaranteed Obligations shall have been fully satisfied. Without limiting Guarantor's own defenses and rights hereunder, Guarantor reserves to itself all rights, set -offs, counterclaims and other defenses to which Company or any other affiliate of Guarantor is or may 3 be entitled to arising from or out of the Agreement or otherwise, except for defenses arising out of the bankruptcy, insolvency, dissolution or liquidation of Company. SECTION 9. Representations and Warranties. Guarantor hereby represents and warrants, as follows: (a) Guarantor is a societe anonime duly organized and validly existing under the laws of France. (b) The execution, delivery and performance by Guarantor of this Guaranty are within Guarantor's corporate powers, have been duly authorized by all necessary corporate action, and do not contravene (i) Guarantor's organizational documents, (ii) any contractual restriction binding on or affecting Guarantor or (iii) applicable law. (c) No authorization or approval by, and no notice to or filing with, any governmental authority or regulatory body or any other third party is required for the due execution, delivery and performance by Guarantor of this Guaranty. (d) There is no action, suit or proceeding now pending or, to Guarantor's knowledge, threatened against Guarantor before any court, administrative body or arbitral tribunal that could be reasonably likely to have a material adverse effect on Guarantor's ability to perform its obligations under this Guaranty. SECTION 10. Governing Law. This Guaranty shall be governed by and interpreted in all respects in accordance with the laws of the State of New York, United States of America, without reference to conflicts of laws (other than Section 5-1401 and Section 5-1402 of the New York General Obligations Law). SECTION I ] . Dispute Resolution. (a) Meeting. In the event a dispute, controversy, or claim arises between Guarantor and Beneficiary relating to this Guaranty, the aggrieved party shall promptly provide notice of the dispute to the other party after such dispute arises. A meeting shall be held within fifteen (15) days between the parties, attended by representatives of the parties with decision -making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. (b) Consent to Jurisdiction. Each of the Parties hereto hereby agrees that any legal action or proceeding arising out of or relating to this Guaranty, or for recognition or enforcement of any judgment shall be brought in or removed to the federal or state courts located in San Diego, California to the exclusion of any and all other courts, forums or venue. By execution and delivery of this Guaranty, the Parties hereto accept, for themselves and in respect of their property, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts. Each Party hereto hereby irrevocably consents to the service of process out of any of the aforementioned courts in any manner permitted by law. Each Party hereto hereby waives any right to stay or dismiss any action or proceeding under or in connection with this Guaranty brought before the foregoing courts on the basis of forum non-conveniens. 4 SECTION 12. Waiver of Jury Trial. EACH OF THE PARTIES KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES ANY RIGHT IT MAY NOW OR HEREAFTER HAVE TO A TRIAL BY JURY IN ANY LITIGATION BASED HEREIN, OR ARISING OUT OF, UNDER, OR IN RESPECT OF THIS GUARANTY, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF THE BENEFICIARY OR GUARANTOR. SECTION 13. Amendments, Etc. No amendment or waiver of any provision of this Guaranty, and no consent to any departure by Guarantor or the Beneficiary herefrom, shall in any event be effective unless the same shall be in writing and signed by the Beneficiary and Guarantor and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. SECTION 14. Addresses for Notices. All notices and other communications provided for hereunder shall be in writing (including telecopier) and mailed, telecopied or delivered to each of the Parties as follows: if to Guarantor to: EDF Renewable Energy, Inc., 15445 Innovation Drive, San Diego, CA 92128-3432, Attention: Chief Financial Officer, Fax: (858) 521-3300, Telephone: (858) 521-3333, and if to the Beneficiary to: Weld County, Colorado Board of County Commissioners 1150 "O" Street Greeley, Colorado 80631 All such notices and other communications shall be effective (a) if mailed, five (5) Business Days after deposit in the mails, postage prepaid, certified or registered, return receipt requested, (b) if telecopied, when sent and receipt has been confirmed by telephone (c) if delivered by hand or by courier, when signed for by or on behalf of the relevant Party, and (d) if sent by overnight delivery service (e.g., Federal Express, Emery, DHL or AirBorne), on the next Business Day. SECTION 15. No Waiver Remedies. No failure on the part of the Beneficiary or Guarantor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. SECTION 16. Severability. In case any one or more of the provisions contained in this Guaranty should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. SECTION 17. Counterparts. This Guaranty may be executed in one or more counterparts. Delivery of an executed signature page of this Guaranty by facsimile transmission shall be effective as delivery of a manually executed counterpart thereof. 5 SECTION 18. Entire Agreement. This Guaranty and any agreement, document or instrument referred to herein integrate all the terms and conditions mentioned herein or incidental hereto and supersede all oral negotiations and prior writings in respect of the subject matter hereof. SECTION 19. Continuing Guaranty. Notwithstanding anything to the contrary in the Agreement, this Guaranty is a continuing guaranty and shall remain in full force and effect until the earliest to occur of (a) the first anniversary of the termination or expiration of the Agreement by its terms or (b) payment in full of the Guaranteed Obligations. SECTION 20. Successors and Assigns. This Guaranty shall be binding upon the Parties and their successors and assigns and inure to the benefit of and be enforceable by the Parties and their successors and assigns. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, Guarantor and the Beneficiary have caused this Guaranty to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first above written. EDF Renewable Errgy, Inc. By: Accepted and agreed to as of the date first above written: N1`ristan Grimbert Title: President and CEO By: Name: Title: 7 RESOLUTION RE: APPROVE AMENDED AND RESTATED IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR-1704, HEARTLAND BIOGAS, LLC WHEREAS, the Board of County Commissioners of Weld County. Colorado. pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County. Colorado, and WHEREAS, on July 21, 2010, the Weld County Board of Commissioners approved Use by Special Review Permit, USR-1704, for Shelton Land and Cattle. Ltd., 23043 County Road 42, LaSalle, Colorado 80645, and Heartland Renewable Energy, LLC, 2400 Trade Center Avenue, Suite 201, Longmont, Colorado 80503. for a Solid Waste Disposal Site and Facility (including Class I composting, an animal waste recycling or processing facility [an anaerobic digester -based renewable energy plant - gas]), along with a Concrete Batch Plant to be used for construction of the facility in the A (Agricultural) Zone District, on the following described real estate. to -wit: Part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, on December 9, 2013, the Board was presented with and approved an Improvements Agreement According to Policy Regarding Collateral for improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County. and Heartland Biogas, LLC (successor to Heartland Renewable Energy, LLC), 15445 Innovation Drive, San Diego, California 92128, with terms and conditions being as stated in said agreement, and acceptance of Collateral in the form of a Corporate Guaranty by EDF Renewable Energy, Inc., 15445 Innovation Drive, San Diego, California, 92128-3432, in the amount of $240,425.00, and WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Amended and Restated Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Heartland Biogas. LLC (successor to Heartland Renewable Energy, LLC), 15445 Innovation Drive, San Diego, California 92128, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with a First Amendment to Corporate Guaranty by EDF Renewable Energy. Inc.. 15445 Innovation Drive. San Diego, California, 92128-3432, in the amount of $735.630 00. and WHEREAS, after review. the Board deems it advisable to approve said agreement and accept the form of said First Amendment to Corporate Guaranty as stated above, copies of which are attached hereto and incorporated herein by reference 4141050 Pages: 1 of 31 09/10/2015 02:20 P11 R Fee.S0.00 Carly Koppes Clerk and Recorder wield o,,n!„ CO ■ll1 t�!�1l�►PuI�F�i;'�,�'�� 4��.11�+'��h�rl�"<«lkl� �U ll! 2015-2778 PL2072 IMPROVEMENTS AGREEMENT - HEARTLAND BIOGAS, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amended and Restated Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado. by and through the Board of County Commissioners of Weld County, and Heartland Biogas. LLC, be. and hereby is, approved, conditional upon submittal of the original executed version of the collateral as described below. BE IT FURTHER RESOLVED that First Amendment to Corporate Guaranty by EDF Renewable Energy, Inc., 15445 Innovation Drive, San Diego, California, 92128-3432, in the amount of $735,630.00, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August. A.D. 2013 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST. Cam(its(vo d :4 Weld County Clerk to the Board BY: De ' ly Clerk to the APPR VED AS TO FORM County Attorneys Date of signature. 9/2- arbara Kirkmeyer, air Mike Freeman, Pro -Tern 4141050 Pages: 2 of 31 09/10/2015 02.20 PM R Fee'$0.00 Carly Koppel Zierk and Recorder Weld :aunty CO �lII Nlral:2ND ��l�.rl IJ'l�k�l� 300E''l�R�►�1r�'r�Yi,�� ! Ili 2015-2778 PL2072 MEMORANDUM TO: Clerk to the Board DATE: 8/12/2015 FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For: Heartland Biogas, LLC — USR-1704 Request for Approval of Improvements Agreement: The Department of Public Works received a request from the applicant's representative, Tim Naylor/AgPRO requesting that the Board of County Commissioners consider approving the Improvements Agreement for the 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), (USR-1704). located at CR's 40 & 49, east of the town of Gilcrest. Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and observed the following: • All Public Works related items. of the "Amended and Restated Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements". are found to be acceptable. The Agreement has been signed by Jay McDonald/Public Works Director. Revisions to Part 2 of the Agreement were made and approved by Bob Choate/Assistant County Attorney. Request for Acceptance of Collateral: The Department of Public Works received a request from the applicant's representative, Tim Naylor/AgPRO, requesting that the Board of County Commissioners consider accepting off -site collateral in the form of a First Amendment To Guaranty For Board of County Commissioner of Weld County, Colorado-- EDF Renewable Energy, Inc., for the above -mentioned Improvements Agreement. Recommendation: The Department's of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Amended and Restated Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements and the acceptance of off -site collateral, for Heartland Biogas, LLC (USR-1704). pc: Elizabeth Relford, Public Works 2015-2778 Tom Parko. Planning Services Bob Choate, Assistant County Attorney 1 :\Enemeermg;PLANNING - I)FVELOPME NT la VIE --Pre-Accela Referrals IOId Numbcrine) USR-Use by Special Revicw'.USR-1704 Heartland Renewable Resources lImprovements Agreement\Approve to & Accept Collateral (t:SR-1704) Heartland - M1 Mn.docx AMENDED AND RESTATED IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Heartland Biogas, LLC (successor to Heartland Renewable Energy) — USR-I 704 Part 1: Site Specific Provisions THIS AMENDEDND RESTA ED IMPROVEMENTS AGREEMENT (this "Agreement") is made this flay of , 2015, by and between Heartland Biogas, LLC, a Delaware limited liability comp y whose address is 15445 Innovation Drive, San Diego, CA 92128, hereinafter referred to as roperty Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Part of the SE4 of Section 25, T4N, R65W the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, the Property Owner and the County entered into an Improvements Agreement According To Policy Regarding Collateral For Improvements dated December 9, 2013 (the "Prior Agreement") that was consistent with the approved Use by Special Review USR-1704. The County required a change to the facility access point as part of the County Road 49 project to access onto County Road 40, and the Property Owner and the County have determined to replace the Prior Agreement in its entirety with this Agreement; and WHEREAS, County has approved a land use permit (USR-1704), for a solid waste disposal site and facility (including Class I composting). an animal waste recycling or processing facility (an anaerobic digester -based renewable energy plant (gas) along with a concrete batch plant to be used for construction of the facility on approximately 80 acres on the above described real property, and WHEREAS, the Property Owner acknowledges that the issuance of USR-1704 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in the Plat Map and the set of accepted Construction Plans provided by Property Owner, copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits C (the "Plat Map") and D (the "Construction Plans" or the "Plans"), respectively, and WHEREAS, County acknowledges that Property Owner may engage in activity, as determined acceptable by County, and described in USR-1704 and/or activity related to the businesses described above while said improvements are being completed, and WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein 4141050 Pages: 3 of 31 09/10/2013 02:20 PM R Fee:$0.00 Carly Koopes, Clark and Recorder, Weld County CO 11111 of 22 o/5- 2771 4141050 Pages: 4 of 31 09/10/2015 02:20 PM R Fee:$0.00 Carly Koppes Clark and Recorder. Weld County CO It I or to commence the use of the Property as approved in USR-1704 within three (3) years of the approval of the permit issued under USR-1704, may result in the revocation of USR-1704, upon consideration and order of the Board of County Commissioners, and WHEREAS, the Property Owner agrees that the failure to record the plat within the time limits imposed by the Weld County Board of County Commissioners, may result in the revocation of USR-1704, upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agreed that the Property Owner could provide collateral, in the form of a Corporate Guaranty by EDF Renewable Energy, Inc., for all off -site improvements required by this Agreement, upon execution of this Agreement, or at a time determined acceptable by the Board of County Commissioners. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise. covenant and agree as follows: This Agreement amends and restated the Prior Agreement in its entirety. A. Required Off -Site Improvements 1.0 Weld County Roads 40 & 49: The Property Owner shall be financially responsible for the obligation as described in Section 8.0 for the construction of certain on -site and off -site safety improvements as part of the CR 49 project at the intersection of CR 49 and CR 40 as indicated on the Construction Plans prepared by Weld County Public Works. The Property Owner's financial obligation is based on the USR-1704 requirements to construct a left deceleration lane and the left acceleration lane from the approved access on to CR 49. The County agrees to accept a cash -in -lieu amount of $735,630.00 for construction of the above stated road improvements. The Property Owner agrees to construct a new facility access and construct road improvements to the CR 40 roadway from the facility entrance east to the intersection of CR 49. The property owner agrees to asphalt paving on the CR 40 roadway from the CR 49 right-of- way no more than 300 feet west to act as a tracking pad prior to entering CR 49. Prior to completion of the above -mentioned left turn lanes, the property owner agrees to require USR-1704 traffic adhere to a "Right In & Right Out" Traffic Pattern in order to maintain safe driving conditions for Weld County citizens on CR 49. The "Right In & Right Out" Traffic Pattern has generated a Detour Haul Route during the initial construction phase which required the Property Owner to post MUTCD approved signage along the approved Detour Haul Route. The Detour Haul Route shall be attached to this Agreement and part hereof, as Exhibit E (the "Detour Haul Route Map"). Granting of any new point of access may generate additional obligations with County for Off -Site Improvements and the need to post additional "Road Maintenance Collateral". A County access permit is needed for every access to a County road. 2.0 Road Improvements Responsibilities: Property Owner is financially responsible for all designated improvements, as specified above in Section A.1.0, on CR's 40 & 49, and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT") and/or the County, and for all expenses associated therewith not to exceed $735,630.00 as described in Section A.1.0 and Section A.8.0. These responsibilities include, but ;e2of22 are not limited to the following: design, surveys, utility locates, present and future right-of-way clearances and permits; coordination with oil and gas operators and facilities, affected railroad facilities and affected irrigation facilities; traffic control; and project safety during construction. Any other future USR or amended existing USR that utilizes the designated improvements above may be required to pay a proportionate share of the improvements. Such a payment would result in a reimbursement of some of the cost to the Property Owner. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration, (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other Federal, State or County regulatory agencies. 3.0 Engineering Design and Construction Plans: All engineering designs and construction plans provided by Weld County shall include, at a minimum, ingress/egress entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage pipe sizings and inverts, a cross section of the base/asphalt, approach roads, and adequate turning radii, and pavement markings. 4.0 Construction Standards: All construction and materials controls for a project and any designated improvements shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction' provided by CDOT. 5.0 Traffic Control: During construction, signage shall be posted in accordance with the then current version of the Manual of Uniform Traffic Control Devices (hereinafter "MUTCD"). 6.0 Off -Site Dust ControUAbatement and/or Paving (If Applicable): The Property Owner is required to provide dust abatement along affected Haul Route Roads approximately two to five times per year, as determined by the County. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current Truck Trip ESAL Counts that identify traffic loading due to Property Owner - sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. In order to accurately determine percentage of Property Owner haul truck traffic, the County reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of haul truck traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted by the County on the primary and requested alternate or revised haul routes. The County will have sole responsibility for determination of the percentage of truck traffic on all affected roads. 7.0 Future Improvements: Future improvements to the haul route(s) may be required by County. Property Owner shall address all County access issues associated with afore- mentioned haul route. Future County mandated measures may include improvements to any haul route intersection or roadways then utilized by Property Owner. Property Owner shall pay a proportionate share of the cost of the entire project including engineering designs and construction plans based on the Property Owner's share of ESAL Counts using then current data on the haul route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of traffic data when making decisions regarding cost sharing. In order to accurately determine percentage of Pronertv Owner haul traffic, the County reserves the right to install traffic counters on the 4141050 Pages: 5 of 31 09/10/2015 02:20 PM R Fee:$0.00 Ca,ly Koppes. Clerk and Recorder Weld County CO lt'I'P,ni,CL01031111v1,F 411111 of 22 driveway(s) of their facility. Future improvements will be subject to any Federal, State or County regulations in place at the time the improvement project is initiated. 8.0 Timing of Improvements: Subject to the provisions ofWeld County Code Sec. 23-2-290 and any conditions or considerations granted by the Board of County Commissioners, Property Owner shall be required to complete the aforementioned financial obligations for $735,630.00 for the offsite improvements as described in Sections A.1.0-2.0. Property Owner agrees that the required off -site financial obligation will be posted and all on -site and offsite improvements shall be completed by Weld County within the parameters established in Sections A.1.0, A.3.0 and E.7.2, and Exhibit B. herein. 9.0 Acceptance of Off -Site Improvements (If Applicable): Upon completion of the off -site improvements, Property Owner shall contact a representative of the Weld County Department of Public Works and request an inspection of the off -site improvements described in Sections A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth in Sections E.6.1-6.3. 9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted Construction Plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. B. Haul Routes: 1.0 Established Haul Routes from the facility access point, following completion of turn lane improvements as described in Section A.1.0 of this Agreement: 1.1 Exiting or entering the site: Haul trucks shall enter or exit the site via the proposed access, on CR 40 then east to County Road 49 to disperse north or south. Until CR49 and CR 40 intersection can be constructed, as described in Section A.1.0, the construction traffic shall enter and exit the site in a right-in/right out movement to ensure the safety of trucks accessing County Road 49 in a safe manner. Any County roads routinely utilized by USR-I 704 haul traffic may become part of the established haul routes. 1.2 No haul truck may exceed CDOT required specifications for pounds per axle. 1.3 In unusual or rare occasions. if particular projects mandate deviation from the above -mentioned haul route for a limited period of time (which is defined in this Agreement as a period of not more than thirty days), which shall be established by County at the time that the deviation is allowed. If County approves such deviation, trucks will utilize paved county roads whenever possible. A deviation from the established Haul route lasting more than thirty (30) days or requests for two or more deviations within a twelve month period shall be subject to the terms of Section 4.0 of this Section B. In the event that haul truck traffic, in excess of 15% of the daily 4141050 Pages: 6 of 31 09/10/2015 02:20 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County CO 11111kr.NIZI +ilitif4O7l 1t45.11:IND9k1liIII '22 facility truck trips, utilizes alternate haul routes, the provisions of Section 4.0 of this Section B shall be triggered. 2.0 Haul Route Signage: Property Owner shall install haul route signs, as per MUTCD standards, at all exit points of the Property and along the Detour Haul Route which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No Deviation from Permitted Haul Routes: Except under the provisions provided in Section B. 1.3. no deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or site operator to approve the use of an additional access, new haul mute, or an alternative haul route as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in the opinion of County has been created by hauling to and from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above - described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads which are included within the new haul route. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any roadway damage, caused by Property Owner (or its contractors, clients, tenants or customers) that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 1.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If such repair is not commenced within 4141050 Pages: 7 of 31 09/10/2015 02 20 PM R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County CO ■III NirJFIZ1N',r,I4i!'I10II iviliT +7I0aY4i II I 2 such forty-eight (48) hour period, County shall have the right to draw on the Road Maintenance Collateral and use such funds to perform such repair. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 1.2 Repair of Road: On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haul route road portion will require paving measures in order to protect the public health, safety, and welfare, and has budgeted sufficient funds for the following calendar year to pay its share of the Off - Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off -Site Construction Plans and Cost Estimates to County for review. Property Owner shall have responsibility for the completion of the repairs and/or improvements on or before December 15 of the year following County's notice of the need for repairs. 1.3 In County's discretion. County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in Sections A.6.0 or A.7.0 of this Agreement, and in a manner consistent with Section C.3.0 of this Agreement. 1.4 The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of dust control, paving, repairs and maintenance on any particular Haul Route Road. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportionate share of costs. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and ail other Property Owner and/or Lessees who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data becomes available. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe 4141050 Pages: 8 of 31 09/10/2015 02:20 PM R Fss:$0.00 Carly KoPees• Clerk and Recorder Weld County CO III!r11iMdifU d:114'M'MPIP1 1.1110+it"i IkIII and usable condition, Property Owner shall pay a proportionate cost of a complete restoration based on the number of Haul Trip ESAL Counts using then current data of haul trips entering or exiting Property Owner's site onto the haul route in the implementation of the above -mentioned improvements. Notification to the Property Owner of the required roadway replacements will be given as soon as the data becomes available and typically takes place before the end of the year prior to the start of the replacement project, as described in Section C.1.0 above. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owner and/or Lessees: It is anticipated that Property Owner and other Property Owner and/or Lessees subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner and/or Lessee, and other Property Owner and/or Lessees shall be conducted pursuant to separate agreements between the Property Owner and other Property Owner and/or Lessees. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits A and B, such non-performance will constitute a violation of Property Owner land use permits granted by County and the County will take whatever remedial measures it deems necessary against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for setting a probable cause hearing according to the procedures described in Section 2-4-40 of Weld County Code. Revocation of USR-1704 as it now exists or may, from time to time, be amended is a remedy which County may impose. D. On -Site Improvements: (No On -Site Collateral is required for USR-1704 but Property Owner shall complete all On -Site Improvements as shown on the accepted Construction Plans and Plat Map for USR-1704.) 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping and re -seeding of the property where applicable as shown on the accepted construction plans and USR-1704 plat map . Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re- seeding where applicable as shown on the accepted construction plans and USR-1704 plat map. Additionally, the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated on the accepted construction plans and USR-1704 plat map. In the event any of these improvements may include work extending into State or County Right -Of - Way, a Right -Of -Way or access permit is required. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its own expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the Property in accordance with the directives of the Weld County Department of Public Works and Department of Planning, as further described in the accepted Construction Plans and USR-1704 Plat Map. Any on -site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be responsible for all maintenance of the onsite improvements. Refer to Section A.1.0 of this agreement for specific paving requirements extending into the facility site from CR 49. Additional infrastructure improvements will be addressed at the time of application for any future amended USR. Some 4141050 Pages: 9 of 31 09/10/2015 02:20 PM R Fee:$0.00 Carly Koppea Clerk and Recorder, Weld County CO ,11111 7of22 of these improvements may include work extending into State or County Right -Of -Way in which case a Right -Of -Way or access permit is required. 3.0 Timing of Improvements: Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the earlier of approval of the grading permit or an amendment to the existing USR. The approved Agreement Between Weld County, Colorado, and Heartland Biogas, LLC, for the Conditional Early Release of Grading Permit GRD13-00014, dated June 19, 2013 allows for the release of the grading permit prior to collateral being posted for the associated improvements. The Construction Plans have been submitted to and accepted by the Department of Public Works for the on -site grading as approved and permitted by Weld County Grading Permit # GRD13- 00014 dated June 19, 2013. Access and/or Right -Of -Way permits might also be required prior to approval of the grading permit. Grading shall not commence until grading plans are accepted. Any alterations to the accepted Construction Plans must be pre -approved in writing by the County Planning and Public Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all landscaping and other on -site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. The Property Owner's failure to complete the On -Site Improvements within the time period(s) established by Resolution approving MUSR14-0015, and/or set forth within the context of this Agreement may, at County's option, result in the revocation of said land use permit. 4.0 Acceptance of On -Site Improvements: Upon completion of the on -site improvements, Property Owner shall contact the Weld County Department of Planning Services and the Weld County Department of Public Works and request an inspection of the on -site improvements described in Section D.1.0 and D.2.0 above. The County's representatives may then initiate the acceptance process set forth in Section E.6.0, sections 6.1-6.3. The BOCC does not represent or ensure the on -site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for improvements designed and/or constructed by others. "End of Part 1" 4141050 Pages: 10 of 31 09/10/2015 02:20 PM R Fee:$0.00 Carly Koppes Clerk and Recorder Weld County CO Ili t dILII.IVI NIv'R'Yr4'6FI O INII M 4 \i & I'ii 11111 Page 8 of 22 AMENDED AND RESTATED IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Heartland Biogas, LLC (successor to Heartland Renewable Energy) — USR-1704 Part 2: General Provisions E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire. at the sole expense of Property Owner, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted Construction Plans and USR-1704 Plat Map, be solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, which are attached hereto and/or incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On -site), and improvements to public rights -of -way or easements being completed also in accordance with the schedule set forth in Exhibit "B" (Off -site). The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Property Owner. 9 O1'22 U \Engineering PLANNING — DEVELOPMENT REVIE W--Pre-Accela Referrals (Old Numbering)iUSR-Use by Special Res,ew'•USR-1704 Heartland Renewable Resourcesimprovcments Agreement\Heartland Renewable Energy (USR-I 703) Pan 2 -General Provisions-FIA (7-14-151.docx 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction: and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results. Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired. removed or replaced to the satisfaction of the County at the expense of Property Owner. 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by. or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of On -Site and Off -Site Improvements: Property Owner shall warranty all improvements to public rights -of -way, (if any), and all privately created and maintained roads or rights -of -way, or easements, and all on -site improvements for a period of two (2) years. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). O u 6.0 Acceptance of On -Site and/or Off -Site Improvements by the County: Upon compliance with the following procedures by the Property Owner, the improvements shall be e_ra deemed accepted by the County, if collateral had been initially posted for the improvements. B 3 J The BOCC does not represent or ensure the on -site improvements will be constructed and/or o;S available for their intended use(s). o r2 NIi0 aa`s-. a. e.! 10 of 2.2 Nu in. 1 EngmeeringPLANNING - DLVELOPMEN1 RI VIEW- Ite-Accela Referrals (Old 'Jumbo -tog) USR-Use b' Special Rev,ew'USR-11(H Heartland Renewable e -• Resources linprovcments A17cement•Heartland Rancuablc 1,nctp IJSN-1'04', Part ?-General Ptovtswns-l-IA t --14-I5 f docx nNamm- 0 ....es._ ,.^= 6.1 If requested by the Property Owner and approved by the County. portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the USR improvements in that phase of the USR is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 6.3a Upon completion of the construction of the required off -site improvements, and the filing of a Statement of Substantial Compliance by Property Owner's engineer, the Property Owner may, as set forth in Section A.9.0, request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. The County Engineer shall reinspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County Engineer fmds that the improvements are constructed according to County standards, he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within the USR, the Board of County Commissioners shall fully accept said improvements. .a 0 Z. I'M: o we �y to GIs -_ el G O eo 4,4e .g A NIIet LLVr aa' ao� NN .14 we In N 0 44 G 1.1 vain 6.3b Upon completion of the construction of the required on -site improvements, and the filing of a Statement of Substantial Compliance, when necessary, by Property Owner's engineer, the Property Owner may, as set forth in Section D.4.0. request in writing that the County inspect the improvements and recommend to the Board of County Commissioners that the improvements be accepted if collateral had been initially posted for the improvements, and further that the two-year warranty period begin. Upon completion of the two-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. The County Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County Engineer and/or I I of 22 U tEngineermg'.Pl_ANNING - DEVEI.OPMF.NT REVIEW -Pre-Acceia Referrals Old Nurnbenng)1USR-Use by Special Revuew USR-1704 Heartland Renewable Resources iimprovements Agreement\Heartland Renewable Energy (USR-I 704) Pan 2 -General Provisions-FIA I7-14-15 r docx Department of Planning Services find that the improvements are constructed according to County standards. he or she shall recommend full acceptance. Upon a receipt of a positive unqualified written recommendation from the County Engineer and/or the Department of Planning Services for acceptance of improvements within the USR. the Board of County Commissioners shall fully accept said improvements. 7.0 General Requirements for Collateral: (Currently no on -site collateral for USR-1704 is required, but possible future on -site collateral may be required by County, should the Property Owner revise conditions of operation in the future.) 7.1 County requires Property Owner to provide collateral to guaranty all of Property Owner's obligations under this Agreement: (1) Project Collateral for completion of all improvements described in this Agreement shall be provided for off -site improvements with no on -site collateral for USR- 1704 required at this time. Possible future on -site collateral may he required by County, should the Property Owner revise conditions of operation in the future. (2) Warranty Collateral required for all improvements during the warranty phase: and (3) Road Maintenance Collateral (If Applicable) to be kept in place for the life of the permit. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements indentified on the accepted Construction Plans and USR13-0014 Plat Map and further enumerated in the costs listed in Exhibit "A." must be equivalent to One -Hundred Percent (100%) of the value of the improvements as shown in this Agreement This collateral must be submitted to County upon the execution of this Agreement, or at a time determined acceptable by the Board of County Commissioners, and shall be held in total by County as provided in Paragraph E. 7.3 below until all improvements have been completed. 7.3 Warranty Collateral for all off -site improvements shall be submitted to County and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s). 7.4 In the event Property Owner fails to adequately complete and/or repair improvements associated with this Improvements Agreement, County will access, in its sole discretion, Project or Warranty Collateral to the extent necessary to complete said improvements or repairs in order to preserve public interest. 7.5 Road Maintenance Collateral shall be submitted to County upon the release of the warranty collateral by the Board of County Commissioners or at the time of approval of this Agreement, if no Project Collateral was initially submitted. Road Maintenance Collateral is held for use on roads associated with the designated haul route. 12of22 U tEngineennePLANNENG DEVELOPMENT REVIEW •Pre-Accela Referrals (Old Numbering)\l1SR-Ilse b. Special Review' USR-1704 Heartland Renewable Resources!mproeemcros Agreement lleanland Renewable Energy (USA -1704i Part 2 -General Provisions -F IA (7-14-15i docx If no Project Collateral was initially submitted. Road Maintenance Collateral shall be submitted at the time of approval for this Agreement or at such time that approved USR-1704activities are initiated. If the County has accepted a Corporate Guaranty as collateral pursuant to Weld County Code Sec. 2-3-30.D. Road Maintenance Collateral shall be submitted at the time of approval of the Improvements Agreement or at such time that approved permit activities are initiated. The submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads or $2,400.00 for facilities adjacent to gravel haul route roads, and the amounts will be listed on Exhibit "A"- Cost Sheet (OFF -SITE). Road Maintenance Collateral shall be held by County as long as this Agreement is in effect and returned to Property Owner upon vacation of associated land use agreement or permit. The Road Maintenance Collateral will only be accessed by County, if following notification to Property Owner of required roadway safety related repairs, Property Owner fails to perform said repairs within the time allowed in County's notification. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. On JA o d-" o L 0-- U_ ae r>m2 M~L orD � LL 0 ir7ME Okla w +� Y n; 49 m a ~� T 7.4vscom 7.5.1 Road Maintenance Collateral Option (For Materials Haulers): In lieu of cash collateral. Property Owner may submit funds quarterly to Weld County, at a rate of ten (1 0) cents per ton, based on the amount of processed material leaving the site. These funds will be escrowed by the County and utilized for roadway repairs specific to the USR's designated haul route. The first payment of funds will be due three months after the initial sale of materials from the USR site. Subsequent quarterly payments will be deposited in the associated escrow account until the USR permit is terminated. Utilization of this collateral option will negate any further obligations of the Property Owner to participate in any future maintenance and/or improvements projects for the associated Haul Route. Upon vacation of the USR for this facility and following determination by Public Works staff that no immediate repairs are required for the Haul Route, any remaining funds in the escrow account will be returned to the USR Permittee. 7.5.2 Road Maintenance Collateral (For Off -Site Dust Control — If Applicable): The total costs for materials and application, will be listed on Exhibit "A" (OFF -SITE) — Dust Control. of this agreement. These funds will be utilized by the County for roadway applications specific to the USR's designated haul route, only if the Property Owner does not adhere to the requirements for dust suppression as specified in Section A.6.0 of this agreement. Following completion of all construction phases, and/or upon vacation of this USR, and following determination by Public Works staff that no immediate 13 of 22 U:'', ngneenng.PLANNING - DEVELOPMENT REVIEW' -Pre-Accela Referrals (Old NumbenngplJSR-Use h. Special ReviewwUSR-1704 Heartland Renewable Resources`4mprovemem< Agreement Heartland Renewable Energy (1JSR-1701) Part '-General Ptuvtstuna-H.A 7-14.15j Lim repairs are required for the Haul Route, any remaining Dust Control collateral will be returned to the USR Permittee. 7.6 Acceptable Project Collateral shall be submitted by the Property Owner upon execution of this Agreement. as herein defined. 7.6.1 No grading or building permits shall be issued for any site related activities, on the property and no Site Preparation shall commence until cost estimates for all improvements are updated, and the development plans are revised to comply with all current County standards, policies and regulations, except with prior County consent. The improvements shall be completed within the time schedule set forth in Exhibit "B", which is attached hereto and made a part of this Agreement. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Property Owner's operations pursuant to USR-1704 that require a grading or building permit from the County pursuant to the Weld County Code. In the event that the Improvements outlined in this Agreement and Exhibit A are not completed within one year of the execution of this Agreement Weld County may require Property Owner to obtain current cost figures for one or more of the Improvements. 7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to one -hundred percent (100%) of the total value of the improvements set forth in the Improvements Agreement and the Plat: the LOC shall be subject to the requirements of Weld County Code Section 2- 3-30 B. The Property Owner shall utilize only a County approved form when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner upon request. 071 o me - (15F .4 •3Z m � M o ♦yam Y •-0.- • a.N• NO aa. 60 r � N p If vier *Tau 7.8 Collateral may be in the form of a corporate guaranty given by a legal entity in good standing and authorized to do business in the State of Colorado or the applicable governmental licensing agency of the Guarantor's state of incorporation, in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The corporate guaranty shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a corporate guaranty: (CORPORATE GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner upon request. 14 of 22 U '•EnginemngPLANNING - DEVELOPMENT REVIEW"-Pre-Accela Referrals (Old Numbermg)ll1SR-Use by Special Revrew'USR-1704 Heartland Renewable Resourcesdmprovements Ageemcnl.Heart land Renewable Energy (USR-I 704) Part 2 -General Provisions-FlA (7-l4-15)doce 7.9 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement and the Plat. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. The Property Owner shall utilize only a County approved form when obtaining a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Property Owner upon request. 7.10 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to One Hundred Percent (100%) of the value of the improvements set forth in the Improvements Agreement. In the event the Property Owner is required to warranty the improvements, the Property Owner shall replace the original deposit with a deposit in the amount of fifteen percent (15%) of the original amount and those funds shall remain available to the County until released by the County at the end of the warranty period. 7.11 The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate or insufficient, which may be either as collateral in the form of a letter of credit offered by a banking institution which does not have at least a "three star" rating given by Bauer Financial, or as collateral in the form of a performance bond offered by an insurance company which does not have at least a B+ rating given by A.M. Best. or as collateral in the form of a corporate guaranty offered by a legal entity which does not have a rating classification of 5A. 4A, or 3A, and does not have a Composite Credit Appraisal of 1. 2, or 3 given by Dun and Bradstreet Credit Rating Reports. If the Applicant meets all of the requirements provided in the previous sentence regarding a corporate guaranty, the Board may then decide whether acceptance of a corporate guaranty agreement is appropriate under the circumstances. The Board may consider (1) the value listed in the improvements agreement, (2) the -{ net worth of the Guarantor, (3) the Applicant's history regarding successful local projects, and (4) anything else the Board deems relevant rife and appropriate for consideration for a corporate guaranty as a form of acceptable collateral. The Board further reserves the right to require Property Owner to obtain replacement collateral if the rating of the financial institution providing said collateral drops below the levels stated above. Replacement collateral shall be submitted by Property Owner o within sixty (60) days of the Board's notice to Property Owner that the rating has fallen and that the collateral must be replaced. Property Owner r -LL cK may not terminate existing collateral until replacement collateral has been wa $ secured. IL Nee- NAU� M G N o I.::.Engrneenng'PLANNING - DEVELOPMENT REVIEW Pre-Aec_la Referrals (Old Numberrngt'U'( SR -Use by Special RevrewISR-1704 Heartland Renewable .4m >.Resources`lmprovements Agreement'. Heartland Renewable Energy (USR-I 71141 Part General Provisions -FR ('-I4-I St dncx 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County. the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8.1 The Property Owner's Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the USR-1704 Accepted Construction Plans and Plat Map, and shall be stamped and approved by an Engineer registered in the State of Colorado. if an Engineer was initially required for the project. The Property Owner's Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County. state the results of fire flow tests. 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans. 8.7 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements by the Weld County Department of Planning Services and the Weld County Department of Public Works. the Property Owner (if Property Owner has supplied any or all of the collateral) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 16 01.22 U .EngmeenngPLANNING - DEVELOPMENT REVIEW Pre-Accela Referrals (Old Numbertng)\ USR-Usc Ir Spectal Revicw;liSR-170.1 Heartland Renewable Resources Improvements AgreemenrNcartland Renewable Energy IUSR-1704! Part '_-General Revisions-FIA i7-14.151.doen 8.8 Following the written request for partial release of the "Project Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the on -site and/or off -site improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the partial release of "Project Collateral". For all off -site improvements (including improvements to public rights -of -way or easements), the written request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. 8.9 Following the written request for release of the -Warranty Collateral", the Weld County Department of Planning Services and the Weld County Department of Public Works County shall inspect the improvements. If the improvements require mitigation or further repairs are required, said work must be completed prior to the conclusion of the Warranty period. The "Warranty Collateral" shall he released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County Commissioners. 8.10 For all off -site improvements (including improvements to public rights -of - way or easements), the written request for release of "Warranty Collateral" shall be accompanied by "Road Maintenance Collateral" (If Applicable) as specified in Section E.7.5 of this Agreement. "Road Maintenance Collateral" for roads associated with the designated haul route shall be maintained as long as the USR is active. 9.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Property Owner without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. (See paragraphs F. 1.2 and 2.2 below) Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Property Owner in whole or in part from obligations under this Agreement. County's rights and obligations under this Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 17 of II Engincenng.PLANNING - DEVELOPMENT REVIEW •Pre-Accela Referrals lOld Numbenng)'USR-Use by Spectai Review USR-1704 Heartland Renewable Resorces-Jmprovcments AgrcctncnI Heanland Renewable Energy (USR-1704) Pan ?-General Prnvtsions-F1A r7 -I4-15) docx 11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed. County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. F. Termination of Agreement: 1.0 Termination Event: This Agreement shall terminate upon the earliest of the following events: 1.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon Operator's complete cessation of all activities permitted under USR- 1704 or any amendments thereto. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Operator shall provide written notice to Property Owner and County of said cessation of activity, which County shall then verify. If written notice is not provided to County, Termination of this Agreement shall not occur until County has determined that the Use by Special Review is inactive, which shall be three (3) years following County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the Weld County Code. 1.2 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704 by New Property Owner: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704with a new Property Owner who has purchased the Property, and intends to make use of the rights and privileges available to it through the then existing USR. 1.3 Execution of Replacement "Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704by New Operator: This Agreement shall terminate following County's execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704 with a new operator who has assumed the operation of the business on the Property which business activities are permitted by the then existing USR. 2.0 Termination Procedures. 2.1 Termination Procedures Following Cessation of Permit Related Activities: Following the events outlined in paragraph 1.1 above, County shall conduct its annual road inspection. Said road inspection shall be conducted on or before May 31 following the announcement or determination of the cessation of permit related activities on the 18 of 22 U \EngmeeringPLANNING - DEVELOPMENT REVIEW'-Pre-Accela Referrals (Old Numbering)\USR-Use by Special Review\USR-1704 Heartland Renewable Resoureessimprovements Agreement \Heartland Renewable Energy (USR-1704) Part 2 -General Provisions-FIA (7 -l4 -IS) dxx Property. The results of the inspection shall be delivered in writing to the Property Owner and Operator. If the County determines that pursuant to the terms of this Agreement, the Operator must complete any of the improvements and/or road maintenance obligations outlined herein, said obligations must be completed within a reasonable period of time thereafter, but in no event later than six (6) months following the determination that permit related activities have ceased. Collateral shall not be released by County until such time as county determines that all of the improvements have been completed. 2.2 Termination Procedures Pursuant to Transfer of Ownership of the Property or Transfer of Operations: If the Property Owner or Operator desires to assign its rights and obligations under this Agreement to a successor Property Owner or Operator. the Property Owner or Operator shall, prior to the transfer, provide County with a written Notice to Transfer, stating the date of transfer, and identifying the party to whom the transfer shall be made. Following receipt of the Notice to Transfer. County shall inspect the improvements required under the terms of this Agreement to determine whether the improvements have been completed. If the improvements have not been completed, the Property Owner and/or Operator shall either complete the improvements or post collateral equal to the cost of the completion of the improvements, if such collateral is not in place. If collateral is available at the time. County shall hold a hearing to determine whether the collateral should be called upon to pay County or a contractor of the County to complete the improvements. County shall also inspect the road(s) which are covered by this Agreement to assess the current condition of the road(s) and determine whether Operator and/or Property Owner would be required to perform road maintenance within the following twelve months had the Agreement not been assigned. If road maintenance is, in the opinion of County, required. Property Owner and/or Operator shall be required to either perform the road maintenance or to post collateral equal to the cost of said maintenance. County shall not execute a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704 with a successor Property Owner and/or Operator prior to the performance of the road maintenance or the posting of collateral for said maintenance, unless the new Property Owner and/or Operator posts collateral for the required maintenance. 3.0 Consequence of Termination by Cessation of Permit Related Activities: Following County's confirmation that Property Owner and/or Operator has/have ceased all permit related activities and has/have completed previously uncompleted Improvements and or completed any required road maintenance, County shall release Property Owner and/or Operator from all further obligations under this Agreement. No Further permit related activities shall be permitted unless and until approved by County following execution of a new Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704 with a Property Owner and Operator. 4.0 Consequence of Termination by Execution of Replacement Improvements Agreement: Following County's execution of an Improvements Agreement According to Policy Regarding Collateral for Improvements — USR-1704 with a successor Property Owner and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights and/or obligations under this Agreement or in USR-1704. 19 of 22 E1:'.EngJneenngrPLANNJNG DEVELOPMENT REVIEW Pre-Accela Referrals (Old NumbenngPUSR-Else by Special Revtew4JSR-1'04 Heartland Renewable Resotrcesdmprovements A preemenrlicartland Renewable Energy rUSR-I T04 Pan 2 -General Provisions -1=1A ('-14-15) dncx 5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that activities related to USR-1704 cease as a result of the revocation of the permit as described in Section E.11.0 of this Agreement, neither Property Owner nor Operator will be released from any of the obligations imposed by the terms of this Agreement only after Property Owner's successful completion of all improvements required under this Agreement or after County accesses the collateral to the extent necessary to complete improvements County, in its sole discretion, deems necessary to preserve public interests. G. Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. H. Enforcement: If, in the County's opinion. Property Owner has violated any of the terms of this Agreement. County shall notify property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which the County believes constitute violation. Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate compliance. If. after thirty (30) days have elapsed, County believes in good faith that a violation of the terms and conditions of this Agreement still exists (despite cure), County may enforce by any legal means, including, but not limited to, legal action for equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral (if applicable), and/or administrative action of the County to suspend or revoke the underlying land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld County Code. Violations of the terms and conditions of this Agreement include, but are not limited to, violations of the agreements Property Owner must enter into as required by this Agreement, and/or failure to enter into such agreements in a timely manner. I. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. J. Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County. Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 4141050 Pages: 22 of 31 09/10/2015 02:20 Ply R Fee:$0.00 Carly Koppes Clerk and Recorder Weld County CO VIII lllIFAV?I UVhVN,IF ill* i If wlwP III II 20o122 U" Engmeenng.PLANNIM; - DEVELOPMENT REVIEW- Prc-Accela Referrals IOW Numbcnngj USR-Use by Special Rev,cw.l!SR-1704 Heartland Renewable Resourceslmpovements Agreement•:Heartland Renewable I,nerE.v II SR -1711.1) Part _-General Prov,sums-FlA (7-I4-15) docx STATE OF IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY (Heartland Biogas, LLC) OWNER: BY: EDF Renewable Development, Inc, SIGNATURE igtfre< obr PRINTED NAME /2,11LiPli TITLE (If Applicable) Vi( tnCc,,,,- County of Weld Tate ) ) ss. FNr The foregoing instrument was acknowledged before me this b day of 41451A-lf,20l5, by ILo. Qk lam. GLk WITNESS my hand and official seal. Notary Public My commission Expires: 3 13 t J �-o t% 4141050 Pages: 23 of 31 09/10/2015 02:20 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO ■ill t I��'I�I� �t'h�Ji'IrblL� tEIIL' �N t�Sa#�t� �� 1 ��+�. t,�l 11111 21 o122 U.'EngineennwPLANNING - DEVELOPNIIdNT REVIEW-Pre-A.:eels Referrals (O1d Nwnbering)\CSR•Cse by Special Rcsicw,USR-1704 Heartland Remwabk ResourcesAmpro etnents Agremnent'Heartland Renewable Energy (USR-1704) Pan 2 -General Provisions•FIA (7-14-15) docx LESSEE (If Applicable): SIGNATURE PRINTED NAME _ TITLE STATE OF COLORADO ss. County of Weld The foregoing instrument was acknowledged before me this day of _ 2015, by WITNESS my hand and official seal. Notary Public My commission Expires: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld nty Clerk to the B WELD COUNTY, COLORADO BY: Deputy Clerk to the Boa APPROVED AS TO FO rac. County Attorney eyer, Chai AUG 1 9 2015 0 SUBSTANCE: or :ee•artment Hea 22 of 22 l :\Engineering\PLANNING — DEVELOPMENT REVIEW\—Pre-Acce a Referrals (Old Numbering)\USR-Use by Special Review\USR-[701 Heartland Renewable Resources\Improvemeras Agreement\Heartland Renewable Energy (USR-1701) Part 7 -General Pruvisions.FlA (7-IA-15).doca ,2o/ -Z77t EXHIBIT A - Cost Sheet (OFF -SITE ) Name of Facility: Heartland Biogas, LLC Personnel Contact: Name Ralph Daley Filing/Crx H: USR-1704 Title: Vice President Location: Pt SE4 Sec 25, T4N, R65W Phone: 703-905-8110 Imewdiwr to br legalh•bound thr uadrrsi aed �pplltanl hrreb} ' Improvements (Leave spaces blank where they do not apply) _s .... �.... ......... K'.,.�....,.,1.x,.«1 .wr Jul c.w•�ne /nrjrrvvO,wnli, (OFF -SITE) Ouaatity Ins t'nit Costs (S) Estimated Constructioa Cost1S ,PUBLIC WORKS j Site Grading Street Grading Street Base, Gravel for Parking Street Paving Pavement Marking Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access Improvements Erosion Control MeasureslBMP's Road Maint. Collateral (per Sec. E.-7.5) Dust Control (per Sec. E.-73.2) Fire Hydrants Survey, Street Monuments/Boxes WCR 49 & WCR 40 Intersection Corporate Guaranty By E)F Renewable Energy. IN _ $735,630.00 ,PLANNING SERVICES j Parking Area, Curb Stops, Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements 4141050 Pages: 25 of 31 Handicap Accessibility, Parking & Rails 09/10/2015 02:20 Ptl R Fee:$0.00 Carly Kopces Clerk and Recorder Weld Cocnty Septic Systems pCC ` 1 �Id !KIM:WI 11tii ti11� illirllt0'f 1i 1i ��'�r E �i�,4, ,f II SUB -TOTAL: $735,630.00 es taR, gasper ma, as- at p sat so wog m a on to pre manary a Engineering and Supervision Costs (S) final plat: supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS. ENGINEERING AND SUPERVISION (5) $735,630.00 EXHIBIT A - Cost Sheet (OFF -SITE ) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By: `40' " Applicant .15ri1i7 v/ ( FL( 112(,'1' Date 10)6 /S T ,20 IS Title By: Applicant Title 4141050 Pages: 26 of 31 Carly KopP® ,OCler@k PM Recorder SOWeld County CO VIII Pr11MIlls VIN 1)04, �'It+.AlAikli'NIN III Date , 20 EXHIBIT B - Time Schedule (ON SITE) & (OFF -SITE) Name of Subdivision, Pt: D. USR, RE, SPR: USR-1704 _ Filing/Case k: - Location: Pt SELL Sec25, T4N, R65W lrtandiag to be legally hound, the wader ignrd.4pplicant hereby agrees to provide throughout rh1 facility the following improvements. All Improvements shall be completed within 2 years from the date of approval of the final plat Construction of the umprovements listed in Exhibit A shall be completed as follows: Improvements (Leave spaces blank where they do not apply ) Time Schedule ION -SITE] tOFF.SIT1F j ,J.PUBLIC WORKS Site Grading Street Grading Street Base, Gravel for Parking Street Paving Pavement Marking Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention / Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Entrance/Access Erosion Control Measures/BMP's Fire Hydrants Survey, Street Monuments/Boxes WCR 49 & WCR 40 Intersection Fall 2016 yPLANNING SERVICES,j Parking Area, Curb Stops, Bus Kiosks Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails Septic Systems Final Conviction Date for Entire Project Fall 2016 4141050 Pages: 27 of 31 09/10/2015 02:20 PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County CO III! PJFITAII VAli:i4r'i Ill II EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant. may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant VICE /2(,S1DEAIr Title By: Applicant Title 4141050 Pages: 28 of 32 09/10/2015 02:20 PM R Fee:$0.00 Carly Kopper. Clerk and Recorder, Weld County. CO /f 11 EICAIVIs i:WA:14111 41' 1 ', IA'NIfigliii II II I Date AUG1U S T b , 20 /5 Date , 20 O:Wew Version AgreementlExhibits\20131Exh B Time Schedule-FINAL(2013).xlsx Execution Copy FIRST AMENDMENT TO GUARANTY This First Amendment to Guaranty, dated August 4, 2015 (this "Amendment"), is entered into by and among EDF Renewable Energy, Inc. ("Guarantor") and County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, the ("Beneficiary"). Guarantor and the Beneficiary may be referred to as a "Party" or the "Parties". RECITALS A. Guarantor delivered to Beneficiary that certain Guaranty dated as of December 9, 2013 (the "Guaranty") pursuant to which Guarantor agreed to guarantee certain obligations of Heartland Biogas, LLC (the "Company") under that certain Improvements Agreement According to Policy Regarding Collateral for Improvements (as amended, modified and supplemented from time to time, the "Agreement"), pursuant to which the Beneficiary and the Company are agreeing to certain requirements related to the on -site and off -site improvements the Company will undertake in connection with the construction of the facilities contemplated by a Use -by -Special Review for Property located in Weld County, Colorado (USR-1704). B. The Parties hereto desire to amend the Guaranty on the terms set forth herein. NOW THEREFORE, for and in consideration of the agreements herein made and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Defined Terms. Capitalized terms used but not otherwise defined herein have the meanings specified in the Guaranty. 2. Amendment. Section 3 of the Guaranty is hereby amended by replacing the phrase "Two Hundred Forty Thousand Four Hundred Twenty -Five Dollars ($240,425)" with the phrase "Seven Hundred Thirty -Five Thousand Six Hundred Thirty Dollars ($735,630)". Section 10 of the Guaranty is hereby deleted in its entirety and replaced with the following language: "This Guaranty shall be governed by and in all respects in accordance with the laws of the State of Colorado, United States of America, without reference to conflicts of laws." Section 11(b) is hereby amended by replacing the phrase "the federal or state courts located in San Diego, California" with the phrase "the federal district court for the district of Colorado or the Weld County District Court". 3. Original Guaranty. Except as amended hereby, the terms and conditions of the Guaranty shall remain in full force and effect and nothing in this Amendment shall be construed as a waiver of any rights of either Party thereunder. Each reference in the Guaranty to the "Guaranty" and the use of the words "herein", "hereof', "hereunder" and other words of similar import shall be deemed to be a reference to the Guaranty, as amended by this Amendment. 4. Miscellaneous. (a) Entire Agreement. This Amendment constitutes the entire agreement and understanding of the Parties with respect to the subject matter hereof and supersedes all oral communication and prior writings with respect thereto. No amendment, modification, or waiver 4141030 Pages: 29 of 31 09/10/2015 02:20 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County CO liii PiirwOOki:i rr Aiir. iki',,fiiilukIt Bill ao/,5--2171 in respect of this Amendment shall be effective unless in writing and executed by each of the Parties. (b) Headings. Headings used in this Amendment are for convenience of reference only and shall not affect the construction of or be taken into consideration in connection with the interpretation of this Amendment. (c) Execution in Counterparts. This Amendment may be executed in multiple counterparts and by each Party in separate counterparts, each of which shall be an original and all of which, when taken together, shall constitute but a single agreement. The delivery of an executed counterpart to this Amendment by electronic means, including via email, shall be effective as the delivery of a manually executed counterpart. [signature page follows] 4141050 Pages: 30 of 31 09/10/2015 02:20 PM R fee:$0.00 Carly Koppes Clerk and Recorder Weld County CO ■M PRI Iill'l 'NtEli lei I t RI V. PI ilaY i 11111 2 IN WITNESS WHEREOF, the Parties have caused this Amendment to Guaranty to be duly executed and delivered as of the date first above written. EDF Renewable Energy, Inc. By: ----zi Name: Tristan Grimbert Title: President and CEO Accepted and agreed to as of the date first above written: County of Weld, by and t rough its Board of County Commissioners By: Name: Barbara Kir •eyer Title: AUG 1 1 2015 4141050 Pages: 31 of 31 09/10/2015 02:20 P11 R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO MID kind illi elkrltit NiflOir'firN1 Yoh till [Signature Page to First Amendment to Guaranty] do/5-0277i USE BY SPECIAL REVIEW USR-1704 fdLtLUl�Nfva'JSRSB[/;Bt1Mif.'iJiaMal{� HEARTLAND BIOGAS, LLC. PART OF THE SOUTHEAST OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST, OF THE 6TH P.M„ COUNTY OF WELD, COLORADO PLAN ... ...... DIMS Dss.al...r.MI6.,4rs.•I- w�••,.s,IMLrM.srtrlY OCRTIAlsit IL MM+r+w,.r,r+ 1YFa+..N....rM .Ewr1.40..+••+.. mlor•raaasnrr . 6 ./ .r..wrF+roma) uaYlOwombe.s illigaZIOMPIPOCIIMMUICAMI r•1 Y M *My vol Y MP M Dry Otr•Wor VOls d.4 OWNlk — fool' twr+sl swvVVh0*,*Nom.,►r+i.mt.wuw.Ml Imo* 44 to SS* W 1•6.••• Om. ammo It►H ▪ or • IMO W, P601" ....1r�r f.an.t.•ra•~nOloj es.'+A6ola+a if1 ode .n .ilk NS ME ...Kg QliosIMGASYSIL Inam a6MLE0Ur1s'M rE04SSETOACA 01VtS scm.aEASOCH. t. 1 rrarlIE010O C I& —.. = P.roOonss6w.= 010 PTAGIREIZANO 0.nwwr 4twirttir PDIMINW w1r•.p Ul'K • •t.M•O•s0•.. l•1aplT* riT • 100•.1.• r. 1 &f M /1l PB0POSF0LEFTV11,21 SHEET: SE BY SPECIAL REVIEW USR-1704 USR-1 HEARTLAND BIOGAS, LLC. PART OF THE SOUTHEAST V. OFSECRI(N1IS. TOWNSHLP 1 NORTH. RANOE 65 WEST, OFTSIE6TH n1., COUNTS' OF WELD. COLORADO F Ici, MAGPROfeasionais commit It a/ ....MN 4350 Highway 66, Longmont, CO 80504 (970) 535-9318 • fax: (970) 535-9854 2014-0430 • Thrrutrii ,4., a -4 -i9 EXHIBIT 19 t, wlmtl?�IrI11d.WiiY1 USE BY SPECIAL REVIEW USR-1704 HEARTLAND BIOGAS, LLC. PART OF THE SOUTHEAST Y. OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST, OF THE 6TH PM, COUNTY OF WELD, COLORADO 611E 6P7C6IC DEVELOP.ChT PLMI wdwria5 7 55. CPAS. 6nPflMPdfOllOP Asesn l,na red Go., us ObNs....a 6[0117. U.O U5M1IltI I ftSIP SSA k Oedm6.Ran sd1sap/ 5wtu f.*, Paola A70,a6o8na Wn.b 31 Sib td PLuy(rp.dnp Clapp ,mMGq.a.psa pall rot.. m proem. WA pl.ortbr dp..wta,drwr.,b,mgy PkK- ma1P Yvq Ielh r Cons. OSN fbN b b vase b mes,aln of 1. hd*1, h M A p'PIaMr.l lane DI1I'L pe b mo;.d 11 b 110... Sumud4 OW harm 2 4.6.0 Pre06 gyvlb aysbo 111..4•1'0,dam, b See. 33SIOm se 9. Ces.C.e. 3 P6vadP Mew 15, Mae l Psi n MAW Cadey01,.rectos ad, Uses Mpgory.abm,t sYNw11 eravlrr tmrsd dasimse, r,epolKpAafr NS b I.m� W o la �w,y m I. 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Y. 11 01+1 . lye.. ••�•awP �P1RT•OFif�•SNF'Y'EdSlIYOft•SEG•Gd'OMOD (970)535-9318 • fax: (970)333-9854 COMA',•. COLORADO Department of Public Health & Environment Dedicated to protecting and improving the health and environment of the people of Colorado October 8, 2014 Ms. Heather Barbare Weld County Department of Health @ Environment 1555 N lyt1i Avenue Greeley, CO 80631 Re: Certificate of Designation for Heartland Biogas LLC, Weld County, Colorado File: sw/wtd/hre/1.1 Dear Ms. Barbare: The Heartland Biogas LLC (Heartland) project is in the process of amending their approved Engineering Design and Operations Plan to incorporate the addition of a Digester Processing System (DPS). The Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (the "Division") views the addition of the DP5 is an operational issue, and not a substantial change to the provisions of the Certificate of Designation (CD). Therefore, the Division does not consider changes to the Heartland CD as being necessary. Should you have any questions regarding this letter, I may be reached by phone at 303-692-3384 or email at larrv.bruskin@state.co.us. Sincerely, ` 4. I / .e_ Lawrence J. Bruskin, P.E. Solid Waste Permitting Unit Solid Waste Et Materials Management Program Hazardous Materials & Waste Management Division ec: Tim Naylor, AgPro Curt Stovall, HMWMD 4300 Cherry Creek Drive S., Denver, CO 80246.1530 P 303.692.2000 www.colorado.gov/cdphe John W. Hlckenlooper, Governor Larry Wolk, MD, MPH, Executive Director and Chief Medical Officer EXHIBIT 20 DEVELOPERS OP AGRICUI TURE II AGPROfessionals November 20, 2014 Mr. Lawrence J. Bruskin Solid Waste Unit Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 Re: Heartland Biogas — Digester Process System Engineered Design and Operation Plan AGPRO Project #1109-04-03 Dear Mr. Bruskin: Enclosed please find the addendum to the Design and Operation Plan (D&O Plan) and Financial Assurance for the Heartland Biogas (HBG) facility Digester Process System (DPS) located in LaSalle, CO. We are requesting approval of the D&O Plan Addendum. An Addendum to the D&O Plan has been provided to incorporate the design and operation plan for the DPS as part of the HBG D&O Plan. Included are four copies to be distributed to the CDPHE Solid Waste Division, Water Quality Control Division, Air Pollution Control Division and the Office of Environmental Innovation and Sustainability for review. A copy has also been submitted to the Weld County Department of Public Health and Environment as part of the Amended Use by Special Review permit application. As always, please do not hesitate to contact us if you have any questions or concerns. Sincerely, Tim Naylor Planning Consultant Enclosure; HBG D&O Plan and Financial Assurance Addendum CC: Heather Barbare, WCDPHE Ted Mathews, A-1 Organics ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 671h Avenue • Suite 200 • Greeley, CO 80634 970.535.9318 /office • 970.535.9854 / fax ■ www.agpros.com EXHIBIT 21 z 'D rn --� 0 tri F cola Os O Co S N lJI r r DO NOT COVER UNTIL ABOVE IS SIGNED 71 C1 _ G1 IROUGH _ Y/"�,, ELECTRIC /DO NOT COVER UNTIL ABOVE IS SIGNED U/G GAS * rn < n I ELECTRICAL GROUNDW0R cPlatater ly NOT BACK FILL UNTIL ABOVE IS SIGNED PERIMETER DRAINS POUR NO CONCRETE UNTIL ABOVE IS SIGNET 11 z D -i o N D n ISSUE NAME iltasei/drn nQ5 o Ict -7-- INSPECTOR ROUGH MECHAN ICAL IROUGH PLUMBING SEWER SVC PLUMBING GROUNDWORK DAMP PROOF CONCRETE 17,7 ENCASED ELECTRODE 2g N _- z Fj Y...' V v -I rn ? u • �v Q Z y O -cl I INSPECTOR co CO c _ rn rn O OC n2 a v °+ -O ""iiv .T, FINAL ELECTR FINAL PLUMBII PERMAN METER FIREWAI CI EXTERIC SHEATH Z C -. rn trl v DO NOT OtCIUPPU L ABOVE IS`$IGNED APPROVAL V I (,j hl '1 1' FINAL BUILD! DATE,/ rd n c z DO NOT COVER UNTIL ABOVE IS SIGNED I -+ DATE I INSPECTOR _D TO: 9/ 7'9 (2 ?de? FLOOD HAZARD z, - FINAL MECHANICAL CONSTRUCTION METER INSULATION WEATHER RESIST BARRIER a rn rn ti INSPECTOR II RESOLUTION RE: APPROVE ACCEPTANCE OF WARRANTY DEED FOR COUNTY ROAD 49 IMPROVEMENT AND AUTHORIZE CHAIR TO SIGN - HEARTLAND BIOGAS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Acceptance of Warranty Deed for County Road 49 Improvement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Heartland Biogas, LLC, 15445 Innovation Drive, San Diego, California 92128, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Acceptance of Warranty Deed for County Road 49 Improvement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Heartland Biogas, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said acceptance of deed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST: Weld County Clerk to the Board Date of signature: arbara Kirkmey r, Chair Steve Moreno kett)(1-q-r/re,) ccev EXHIBIT 23 2015-3995 EG0072 MEMORANDUM TO: Clerk to the Board DATE: 12/11/2015 FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item Acceptance of Warranty Deed with Heartland Biogas, LLC pertaining to the WCR 49 road improvement. RECEIVED DEC 1 ' 2015 WELD COUNTY COMMISSIONERS M''' Pt ncie1AGENDA memoMienda-Lean-I .doc 2015-3995 660022 - WARRANTY DEED THIS DEED made this Sixth day of August, 2015, between, Heartland Biogas, LLC, a Delaware limited liability company whose address is 15445 Innovation Drive, San Diego, CA 92128 ("Grantor"), and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 915 10th Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado ("Grantee"), WITNESS, that the Grantor, for the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as 19179 Weld County Road 49, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, their heirs and assigns forever. And the Grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the Grantee, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4169078 Pages: 1 of 6 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii ��ICA�,��u ICIIII � �UEIT I UP1P! IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. HEARTLAND BIOGAS, LLC By: Ralph Daley, Vice President State of VI Intc.,) ss. County of Fa ) The foregoing insent was acknowledged before me this (oday of 2015, by Kai�h a l t�cj Witness my hand and official seal. My commission expires: 3/3 i /20I g oodninu 4169078 Pages: 2 of 6 12/29/2015 02:29 PM R Fee:$0.00 D Fee:$0.00 Carly Koppea, Clark and Recorder, Weld County, CO VIII Kin PiMI15114 ilk 111111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this (-2/ sf day of iae/.../74ex-e2015. ATTEST; dift4,0�'C�D'� CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD Clerk to the Board STATE OF COLORADO ) )ss COUNTY OF WELD ) COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: arbara Kirkmeyei, Chair 'DEC 21 2015 BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD The fore oing instrument was acknowledged before me this �! sf day of ,� , 2015 by Barbara Kirkmeyer, BOARD OF COUNTY MMISSIONERS OF THE COUNTY OF WELD_ Witness my hand and official seal. My commission expires: /O2,/ 414.4 4169078 Pages: 3 of 6 12/29/2015 02:29 PM R Fee:$0.00 0 Fee:$0.00 Carly Koppes, Clark and Recorder, Ldsld County, Co IM�tM!. MIA ilk II! III CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OP COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 o2.ai 3 996' EXHIBIT -A SE 1/4 S25-T4N-Rb5W PROPERTY DESCRIPTION RIGHT OF WAY r A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE —QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3957241 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25 FROM WHICH THE EAST ONE -QUARTER CORNER OF SAID SECTION 25 BEARS NORTH 00'15'29" WEST, A DISTANCE OF 2639.36 FEET, THENCE ALONG THE SOUTH LINE OF SAID SECTION 25 SOUTH 89'26'30" WEST TO THE WESTERLY RIGHT-OF-WAY LINE EXTENDED NORTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 379028 A DISTANCE OF 30.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY NORTH 0015'29" WEST, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 40 A DISTANCE OF 30.00 FEET; THENCE CONTINUING NORTH ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49 NORTH 00'15'29" WEST A DISTANCE OF 205.05 FEET TO THE POINT OF BEGINNING, THENCE DEPARTING SAID RIGHT-OF-WAY NORTHWESTERLY 740.33 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID ARC HAVING A RADIUS OF' 15630.00 FEET, A CENTRAL ANGLE OF 02'42'50" AND A CHORD BEARING OF NORTH 01'36'54" WEST A DISTANCE OF 740.27 FEET; THENCE NORTH 02'58'19" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 100.96 FEET; THENCE NORTHERLY ALONG SAID CURVE 332.12 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2419044 SAID ARC HAVING A RADIUS OF 15770.00 FEET, A CENTRAL ANGLE OF 0112'24" AND A CHORD BEARING OF NORTH 02'22`07` WEST A DISTANCE OF 332.11 FEET; THENCE ALONG SAID UNE NORTH 89'28'54" EAST TO A POINT ON SAID WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 34.54 FEET; THENCE SOUTH 00'15'29" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF' 1172.95 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 15,961.41 sf. OR 0.37 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF' WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT OF WAY ACQUISITION HEARTLAND BIOGAS LLC WELD COUNTY, COLORADO 4169078 Pages: 4 of 6 12/29/2015 02:29 P11 R Fss:$0,00 D Fss:$0.00 Carly Koppel', Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 40 & 42 PROJECT NO: SRP-26 SCALE: DATE: 4-20-15 DRAWN BY:DRH SHEET: I of 3 1Illllgrl rkil,a14 1491'illiEwIll.q AIM Ill Ill EXHIBIT -A SE 1/4 S25-T4N-R65W PROPERTY DESCRIPTION RIGHT OF WAY 12 A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3957241 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25 FROM WHICH THE EAST ONE -QUARTER CORNER OF SAID SECTION 25 BEARS NORTH 0015'29' WEST, A DISTANCE OF 2639.36 FEET, THENCE ALONG THE SOUTH UNE OF SAID SECTION 25 SOUTH 89'26'30" WEST TO THE WESTERLY RIGHT-OF-WAY UNE EXTENDED NORTHERLY OF WELD COUNTY ROAD 49 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 379028 A DISTANCE OF 30.00 FEET; THENCE ALONG SAID RIGHT-OF-WAY NORTH 0015'29" WEST, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF' WELD COUNTY ROAD 40 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, THENCE ALONG SAID RIGHT-OF-WAY SOUTH 89'26'30" WEST A DISTANCE OF 70.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY NORTH 44'35'31" EAST TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 49 A DISTANCE OF 99.25 FEET; THENCE SOUTH 00'15'29" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,449.97 sf. OR 0.06 ac. MORE OR LESS. TOGETHER WITH THE EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49 AND NO. 40, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 30.00 FEET OF THE SOUTHERLY 1408.00 FEET OF NE SOUTHEAST ONE -QUARTER OF SAID SECTION 25; AND THE SOUTHERLY 30.00 FEET OF THE EASTERLY 70.00 FEET OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 25. SAID PARCELS CONTAIN 1.02 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT OF WAY ACQUISITION HEARTLAND BIOGAS LLC WELD COUNTY, COLORADO 1861 N 4169078 Pages: 5 of 6 12/29/2015 02:29 PM R Fss:$0.00 0 Fss:$0.00 Carly Koppes, Clark and Recorder, Weld County, CO 1111 rjl4C��Lk1GA1 '4 :114h'rIMTPROKIVIIii II111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 40 & 42 PROJECT NO: SRP-26 (SCALE: DATE: 4-20-I5 DRAWN BY: DR SHEET: 2 of 3 EXHIBIT -A SE 1/4 S25-T4N-R65W SHELTON LAND & CATTLE LTD L5 1=332.12' R=15770.00' A-0112'24* CB-NO2'22'07'W C=332.11' RIGHT—OF—WAY ACQUIRED —ft 15.961.41 sf. OR 0.37 ac.* LINE TABLE LINE BEARING DISTANCE L1 S89'22r3QW 30.00' L2 N0015.29 W 30.00' L3 N0015'Z9'W 205.05' L4 NO2'58'19FW 100.96' L5 N89'28'54"E 34.54' L6 589'2x'30*W 70.00' L7 N44'35'31`E 99.25' 18 5009 5'29'E 70.00' HEARTLAND BIOGAS, LLC. PARCEL # 1055-25-4-00-011 RECP.# 3957241 SE 525- TIN -R633' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT, IT IS INTENDED 10 ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 589'2E'3D W 261127' MIND L..740,33' R-15630.00' X02'42'50" CB=N01'36'54"W C=740,27' L4 7 v4 P.0.8.-#1 (3 EXISTING 30' R.O.W. REC# 379028 MAY 13, 1918 R0100/685 B ROSNAHAN BROSNAHAN RIGHT-OF-WAY ACQUIRED -#2 L7 2,449.97 st. OR 0.06 ac.± 40 _ r.o.c. SE CORNER 525—T4N—R65W RIGHT OF WAY ACQUISITION HEARTLAND BIOGAS LLC WELD COUNTY, COLORADO 86 GQ N T WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR 40 & 42 PROJECT NO: SRP-26 ISCALE:1'=200' DATE: 4-20.15 DRAWN BY: DRH SHEET: 3 of 3 4169078 Pages: 6 of 6 12/29/2015 02:29 PM R Fee:$0.00 0 Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO NIP 1IPAYAlLANIWik'MREV I BPI I1IP+1115Y1d'451L!''IMkMO:WAHIS ell --151 2 S 0 A. I 0 l .. C MINOR AMENDMENT TO USE BY SPECIAL REVIEW MUSR14-0030 HEARTLAND BIOGAS, LLC. PART OF THE SOUTHEAST'/. OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, COLORADO • SRI SPECIFIC DEVELOPMENT PUN /T OBE AY SPECILREWEWPERMT OEVELOPYENT STANDARD, R119RLN001 1 AMRLAIMMINT 10A la OPECACBP CM9.TR.W1101AEM IEIDMRDAPWftre ripPI4INO(40101FIRPIPROPAITUPII moor PfLOOE1.L511 7NYrmTF/61E1ECEG0@a RRILeOW rour0 WiNge3VOCNIUMIAROMMOKI OOP PUNT pyp,ItPrliniA WOt7VMlOMYS6 PONICO PYRT•000101NOIONtkILTI4Inc LN1yADOLIMMB NUM PS000EWAAWOSOLI OITIRAPOORTYARaPPtOPICALLICT IDIMdFRPVIMPIROM ATIPIDNI IDI 0 APPROVAL O TM MAN NAY MATEA VESTED NIMERTY MITT PURSUANT ICI SECTOR 51&10 O 100GROO CORY CODE PUR50*170 CHARLES IS. ARTICLES I AMP OF THE MO:D COUNTY GOOF, IF AONIOUS WEEDS MST ON THE P000001!CR BECOME 007ABUS0ED AS A RESULT OF THE Pp1005F0 DEYELUPMFR•. THE APPLMIAMA'DOWNER SHALL BE NE5001CRE FOR CONIRO.000 THE NODWS WEE -DS IDERARELIENF O REIC W ORPSB 11E IYYMLHIIamstarannONEI0MLMFEAT DEW! RNA Ksoa1NEM1 maw LONFIEELMTrHFTANOIM1YFilAq 5 11E ROMS OF OPERATOR ALL BEOSWJL0S A DAY F OATS A MEEL HAULAG WIL�O OR PRIMLY DURAS DAYLIGHT IMAM IDEPMNENTO PLANNING SERVICES) 6 TIE PROPERTY OSIER OR OPERATOR SHALL COMPLY WIN THE MAUL ALE SECTIONS OF ME REGULATIONS PfR11MNG 1011E SOUDSVMVIF DISPOSAL ROSSANO FACERIES ACT;RCM 100141 MOM CONSIRUCIEO.WEAVED.MOP MONITORED AS DETAILED N 711E APPLICATOR MATERIALS AIM CONO MOATS DEICED IN SHE DIME I OPERATIONS PLAN APPROVAL IEITER INTEL' AMA 7 7000 .ROM THE COLORADO DERMAS', O 051BL C HEALTH AND ENIIR0050011(CORER IN CAHAJNCT10N'MFM INC APPLICATION IAATERNA AND COLA' 100N31ETALED TONE (MITER PROCESSING SYSTEM. ENGINEEMID DESIGN MD OPERATION RAH A00ENNAM APPROVAL LETTER. Dump 0000010 M 2010, ARON 1140 OJFHE 1TEDARI1ENT OF PINTO HEALTH MO 9MIORE,NR T FCLLOMNG CONSTRUCTRH.MIE 6WLLSUEMN TO THE CAVING' AND WELD COURT', FOR REVIEW MD APNDVAL A CONSIRUCTON LERIIFWTION REPORT. WITCH .NCHIOES COlS1RUCTION RECORD DRUWA'55 DEYARCNS FROM THE 0000VE0 RAN MD RESULTS OF ALL TESTING AND O0CLN:NTATION REQUIREMENTS 511 FORTH R THE MAGIC PEAK. NNE CONBNIAr10N CERTIFICATION REPORT SHALL BE MATTED AT LEAST MTV NOIDAY5 PRl0RTOMCEPIANCEOF MIASMA IDEPARTNENI Of PUBLIC HEALTH S 9NNONAEHII I VOLUME RECORDS MI BE OANENED. WADI 100.10E WASTE P ATERA'. MOM. WASTES PROCESSED 10110 WASTE SHAPED FCR DISPOSAL. ARTERIAL 5NPPE0 FOP SATE OR DISPOSAL, AND THE AMOUNTS OF BIOGAS PRODUCED OR FLARED INCLUDING TM CAB OFSIRUCIE0 M AHNII. REPORT NULL BE SUBAA N°10 THE WSW COATI OEPMTPENI MANEIG HEALTH IMMINENT ANODE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ONR0MENT (CDPNE) HAZARDOUS MATERIALS AHD WASTE IFAWOEMBII OMSCN II MAY FUME CF EACH YEAR (DEPARTMENT OF RITMO RELMILIMRONIFW/1 P THE FACEIIY SHALL MINE MO PROCESS ONLY DOSE ANIMALS THAI' APEOESCRWED IN THE APPROVED OESDN AIDOf01R0NS PAN RE WELD COUNTY DEEYRIMSN10F PUNNING. IO0PNE NO COPNE STALL BE PORTED N WRMYG Of ANY AO0TIONAL MADAMS PROPOSED FOR PRGCE5505 WRMIER AMMAN FROM ROTH COPE AND WCCPHE TO PROEM Mil PROCESSTRP SHALL RE WANED POOR 10 ACCEPTANCE IOWAMNEHI OF RAMC REAM E IlLRGN0EN11 M THE PROPERTY OWNER OR FACILITY OPERATOR SHALL NOM' IRE HELD COUNTY 0091/0500/ CF RELIC MERLIN B 090005MEM, OEPARIMENT CIF RIMING. THE COORA00 OfPAIMVENT OF PUDIC MALT, M10 OINROIMCNT N RE EVENT Of MY MASONS FRO/ OR PROPOSED CMMIGESTLI ME RAMSES MSGA50PEAA-DNS RAN. IMPARTMENT OF PUBUG MALMO EINRO'ASNTI I LT101 COLORADO DEPARTMENT OF PUBLIC HEALTH 5 ENIROVMPN, WELD COUNTY 01PARIAENT Or PUBLIC `FAIN E ENVIRONMENT AND 01E PARE TALL BE PRW0E0101H NOTIFICATION IN TIE EVENT OF 'TEMPORARY OR PERMANENT CLOSURE UPON CLOSURE. TIE FAOUN SHALL MUM THE CLOSURE FLAN DATION OF EFIEA AARGA ORESION&OPERATId5 LIAR :DEPARTMENT OF MUG RERUNBEMVMOMENTI It THE FLUTY SHALL COMM WITH THE APPROVER GROUNDWATER '001D00)00 PAW. CHANGES IN APPROVED FEE001UOL NAY REQUIRE AMMO 10 THE GROLWOMAIER TESTING REM, RELENTS MO CONSTITUENTS MAMMA GROUNDWATER MJMTOMNG REPORTS WLL BE SUMAl1ED I0 THE CAR! MO'A'WRE NO LATER THAN 101001 ' FOLLOW/TO TIE REPORTABLE YEAR IOEPARTOEN1 Of PAM HEALTH AR0 ENTARONWNR IS THE FACILITY SILL BE CONSTRUCTED. FWNAWED ML' 00ERA1E0 TO ENSURE TM CONTAMINATOR OF SOL. AND GROUNDWATER 0000 NOT OCCUR (DEPARTMENT OF ILBUC HEALTH MO FDW IROMAM) MALI BEIOY GROUND STRUCTURES SMALL BE 5OMLFUNE0 AND EDUIPAGO WIN A LEAK OEIEC11115YSTEM. UNLESS OTHERWISE APPROVED IN W ARM BY DOM TIE COPHEM ODES OMAN OEMITAENT O PUEIC HEALS MO ENVIRONMENT RECORDS OT THEISM 'IMOLA DMA 5 (PEMMN AWVIENANCE MD GB59WATIG5 SHWA BE KEPT ME MACE AVAIIP&.E UPON REQUEST IOFPARMENI O NOM X€00110 AND EANIDVNFiO) IS MOVE GROINS, WASTE IMPARTS. STORAGE. AND PROCESSING TAMS SMALL NAME MPERNEABLE SECONDARY CONTAINMENT ME MAINE RETAINED ID THE SECONONRY CONFAIIIMENI SWILL SE AT LEAST TIM O DIE VOLUME OF THE INGEST TANT INSIDE THE WN10011 NT IOEPMILEAI OF PUBLIC NEALIN I ETMRONMENTI 16 FAMINE DUST NORMS* PARTICULATE EN151QYS SHALL BE CONTOUR; ON 1N65TE THE =AMITY SHALL COMPLY VANTNERPPPRO0ED PARIDOUTE EMASONS CONNIPI.W 40EPAAl1AENT0 NOM IEJLTM BEWIROELABII) IT.RE FACILITY SMALL OPERATE 'N C0WLi4NCE RIM NPOEMLE COLORADO NR QUALM MOM REGULATORS AND COA PLY WITH MN PERMS ISSUED BY DIEM EQUATOR CONTROL 31015100. IMPARTMENT OF PUNIC HEALTH 6 EH'IIRCNMEMI II EAWLI9T REMOVAL 0051903 SHALL BE INSTALLED WREN NECESSARY FOR 0010050 AREAS NO DUST PRDUJCBD PROCESSES AND EGIIIMENI MILE MACS 61,0010101 PROM EXHAUST REMOVAL AUIEIAN PROCESSED AND ANY C00N19TION SOME SHALL NOT 000150 DM OPACITY I'IMMURED RI ACCORDANCE N ACCORDANCE P PUMICE NEFERINCE MEMO IT THERE SHALL EC DO YISBLE SIMKINS IM OVT OEPPRfMEM OF IACN NM A FRVIRONLENTI ROMANY SUIlDIN00PENNG5IAEASUREJ 21 Al ACCORDANCE WIMNE00LOA00 AD QUALITY CONTROL CO0NISSION5 REGULATION TAMER 7.ODOR DETECTED 0015111 AWL NOT EACEE3 THE LEVEL CFSEVEN 100E RD 0MI0N RRESNOLD IMPARTMENT OF PUBLIC HEATHS E ARONMEAR 52 MEOW! CUDDLING. HAMWASHNG M0 TOILET FACILITIES SHALL BE PROADEO FOR EMPLOYEES AM) NITOIT5 OF THE MUTT. AR ALL TINE$, W HERE E CR LESS FULL TIE LM MOOR WEER E W50YEES ME LOCATED ON SIN, OR WHERE A CR LESS PART TINE MD HOUR HEM EMPLOYEES LOUE00 CN WE PORTABLE TOILETS MO BOTTLED WATER ME ACCEPTABLE A6 EMPLOYEES OR OWTRAC10R5 ARE ON eat FOR LESS TIAN 024166MME HOURS A DAY FORTAEE TOILETS AND MILD) WATER ARE ACCEPTABLE RICO205 OF MNNIHURCC AND AMER DISPOSAL FOR PORTASIEIDLET3 SHALL BE RETUNED MT A CUARTSWL1 BASIS MD AVAILABLE FOR REVIEW UT5EWELD CCUMYCE7ARTMEM O PUBLIC HEWN AND ENVIRONMENT 0001400 TOILETS SHALL BE SERVICED BY A CLEANER LICENSED TN WF1D COUNTY MO TAL' WAN MO SMIRZERS IOPARIAERT OF 01181IC IEMMANJ EWIR1ME711 E5Y MIN AM PROVIW50NSD 00'lIESN SWEO COST' CODE�PERTANINGSEPTIC TO ONSGE WA000.000ER TRFAMEMSITSTEN LT SYSTEMS WONTED ON SI 'DEPARTMENT O PIMA NOW? IASI IMA HEWN NO ENIIRONAENR MODEM V 111rBO RUIN kg Ram ONAA'1MINSMAO IARFgREM IIIIEIAPEL0MLL*T IR aOlNMO T.UACM OE ;42M MI IME009! 1/404111filutareme0a0AOP N ADOMaMCIAOMI WAWA AXE R9/MERNL RAE$ ME NL0L11106 MM IN 4021611E7IEEN00. laa9FO0RE MWBIEOFFKV WartveE OElai LLtiMAaHAanwisr 55110E FACILITY SHALL COMPLY MM 1140E COLORADO DEPT 0 LIBOR NA EMPLOYMENT =SON OF OIL ONO PBLIC 54FEIY5 STORAGE TANK REGULATIONS R GM 110HV1 SECLNMONEOTAINNDRT SAIL ALSO TIE RE01MIE0 TOR MY COMM. AMMO KIEL OR OIL ATM APOONA GREATER TWAT EOCALLONS 11E 0000AE RETAINED EY THE SECONDARY CCMANQENT SHALL 6E AT LEAST I IOM 0 THE WCUWE OF THE LARGEST TARN ANSDE ME COMMANDO /LIERNATNE PROTECTIVE MEASURES NAY BF ALLOY) FOR REO0U1E0 MRS. PROWLED THEY MAY WON 505TORAGf'MK MOUTONS A COT OF ANT SPLLPREVUTDY,IMAMAIM GWNIENAFASORE lUASSALL CE PROVIDED TO MEVfIIO OOLROS °E MlIME TO MI IGIEALMND ENYAGTNAENI ,EEPMIYENTOF PUBLIC HEALTH.EIWPOMMEAIT ZITHER; AWL BE 0501SCHARGE Of PROCESS'MESTE-WATER OR COLLECTED ST0RNWAIER OFF PROPERTY MEAT 11105E CMCIAR0E9 ALLOWED BY DE COLORADO DEPT. OF PUBLIC IEvLLD S ENWROIMENI'E WATER CWT' COMM. DIVLSON MOOR A COLORADO DISCHARGE ARND SYSTEM ICFSI CECHIBGE PERMIT {DE PARTMENT0 PUBLIC HEATH B E W RO WIEFFR 01.T11E NPLIDAIIT N10µ OHM STWAHAIOM DISCHARGE PERMS COVERAGE FOR C0NS1R0CTIDN ACPWMES FROST ME COP$ WATER MLLAUD CONTROL MASON MOOR MMENI OF RBLC ILLIMI IMMANENT) MINE FAINT, SHALL RE CPERA1E0 AND MUNIARED II A SINNER 10 P1EYOIT NUISANCE COATROOM PAOLI THE ATTRACTION IRMONG ARO EMERGENCE COUNT XARTITE111Cf PMIlC HEALND TDER SECTORS H IEMfROWBITDEPMIMMANNTCF�5UC HEALTH MEASURES EI RINTMENSE f EYFED AT ME REQUEST OF 17.THE FACILITY SHALL MERE TO 111E 11A 1401 PERNI55 IRE NOISE LES'E1S MLOWEJ IN 1HE LIGHT IMDUSTRW ZONE AS DELINEATED' N SECTOR 7 IHSO 00INEWELD COMA 000E (0000005011100 RAMC WAD M ENYROMAENR RI WASTE MAIMING, MDT SPEOF:fAILY 500010510 91. OMER 01761500ENT STANDARDS. SIM - 51 HANDED STORED. AND DEPOSED N A AMMMER THAT CONTROLS FUGITIVE OUST WNW DEBRIS. 000 OTHER POTENTIAL NABANCE CON9TIOV9 IMPARTMENT OF PUBLIC HE.YM 1 0HAROTA/ENR 11.50 PERMW OO0&PIML 0 WASTES SHALL DE PE RIMED AT 1105 SITE INCEPT NOSE WASTES SPEOFOLLY DIMMED PROM ME MANMTON OF A SC'LO41051E N THE SOD WASTES DISPOSAL RIES MAO PAW.: ES ACT 00 N TOSS, CR S. AS WEAVED. AND MY MO ALL WASTES SEND CON (010 II ACCORDANCE Nth THE APPROVED ENGINEERING CEMIL M0 OPERATIONS PM (DEPARTMENT LL OF NOM HEALTH ATE ) It ALL HAZARDOUS CHEMICALS DUST BE NMOED IN A SAFE TANNER IN ACCORDANCE MN RRODUCI LABEUM AND M A WANNER MAT 7(5111011 Re RELEASE OF MIAOW MA POLAR MN AND ',MAKE 0RGAN00 COWP0UA05 ALL GAMMAS MUSE BE S1ORW SECURELY M0 ACCORDANCE YOMM IFACTURERS'RECONNOIDATg05!DEPARTMENT 0 PWJCH&OLN MD 9MC001E NT 11CONPOSTNGOPERATONSWILL NOT SUMO PAST CO BOUHOARESO DE PROPERTY. IDEPAAI0ENT0 PLBIIC IEJAM AND ENMROD0ENR 34 THE OPERATION STALL COMPLY WIND ALL MUMBLE RULES AM REGUAT1090 M STATE MD FEDERAL A0000005 ARO THE YARD COUNTY 000E (DEPARMENTO PUNK NE WHARD ENWROg1EM1) LS1MDUL0 NOMA NEEDS 5061 05 TE PROPERTY. OR BEGONE ESTABLISHED AS A RESULT OF THE MORO3m CE1ELORMFAT, THE APPLIOAN'AANVDMNfR SHALL EE RESPONSIBLE TON CAN WINO MD NUAOUS REELS, POTSDAM 10 (WRIER It MIIC1.9911 ANSI O 110E WFLOCOIMTY CODE (OEPARTI9: OF PLANTING SEMMES • EMMEERT ITS INF HLSTCRICAL ROWAYTOOEAMANOIAMOMA10L BE IM MAKDMA45RSACON0RL010R/BIIPa/OOII-OPEEPRI 111VELD COUNTY IS NOT RESPOIOILE FOR THE MAPINKANCE O CAME 0000501 RELATED FEATURES {DEPARTMENT of NAMING SERVICES - 01,001ERT SOMME SHALL BE NO 'AMONG OR 5105010 07 VEHICLES ON GOOD ROADS ON SITE PARING SHALL BE MIMED IMMINENT 0 DATING SERVICES; WARM} I SOURCES OF L GRIM. BE SNIELOEO SO 1 WT 110)11575YALLNOT SNNE171101LYONTO AOAICDIT PROPERTIFSWWRE SUCH WOULD CAME O. IMAM OR INTERFERE NMI THE WEOI MANAGE/TT PROPERTIES TIMOONANCE WITH ME DAN SERVER THE DIRECT, NOR REFLECTED. L00llT FROM MUDS SOMEWAY CREATE A IRAN CAMARO TOME RAT0FS CF NOTED VEIC1ESDNPUBLIC CR PIRATE STREETS NO COLORED AGIOS MAY REUSED MORTON EE CONFUSED WPH. ORCONSTRIE0 AS, TRAFFIC CONTROL DEVICES (DEPARTMENT OF PLANTED SERVICESI 11 PALM FfItal16WRIVIIOARILOPincr012444Of THE KO GOWN 000E CORREMLYIXEFOLLOLWNOMIMED, ADORED (OMELET OOMEFI iersIMOELTIOAli.G00E11C01REEFNLtowsietereceratturestL6ierteet 00ta osier erim'AIOIBEM RClLETLOOR00DDMIEM WEEP PAL®gMirima1LETE 0055 R011TNLa0SNa�A00BCTaltRIAPIO 1 MUST ID SUBMITTED FOP RENEW A GEOTEOATCAL EA'GLMEERNG REPORT PCOIEN) BY A REGISTERED STATE°,CO-OACOENOINEEF SOYA SE REOUNEDOR AMEN HOLE WSFECT N 'DEPARTMENT OF EATING INSPECTION LI TMEPROERTYOA,EROI OP10II00 MN BEIESP0NSIBLEPORCOMLRNGYRN TAE DESIGNMD00ERATON SWORDS OF[TARTER 200E THE WROGCWOY COCA. 41 NECESSARY PERSONNEL FBCN DELVELD COUNTY DEPARTMENTS 00 PAWING SERVICES . PUBLIC NDOO, AIDOUBLCIFL1MMSENWRODIEMI MALL RE GRNOFD ACCESSONTONE PROPERTY AT ANYREASOVAE TIME WOOER TO EREVAN MAGNATES CARRIEDWION REPROPERIV COMPLY WITH 'HE CONDITIONS OF APPROVAL AND DEVROPMENI 0101,00NDS STAIEONEREINANONL AMICABLE MAO COUNTY REIIARIONS. 43 INE USE BY SPECK REVIEW AREA SHALL OE MIND TO REAMS DICAMMEREON A31DGDVEFIE0 BY DE 004000NGSTMOWOSANO ALL N'FLICARLEWELD Y0LNTIREBAAIDH5 SUBSTANTML CHANGES FROMTNE NAYS OR DEVELOPMENT STMOARU5. AS RICAN OR STATED. SHALL REWFETHE APPROVAL OF AN NENOEMO RE PERMIT BY MEWBLDCOWIIY BOARD OF COUNTY CpW651CRER5 BEFORE SUCH CHANGES FROM NE PLANS O DEVELOPMENT STANDARDS ARE PETBRRED ANY OTHER DUDES STALL REFLECT IN NE MICE 0 ME CERAMIC OF PMDRNO SERVICES THE PROPERTY OWNEROR OPERATOR SHALL BENPPOMSEIE FORCOIRYING WIN MI OF NE FOREGOIIG CEYELO NAM STANDARDS NONCOMPWNC`WIMANYOF THE FOREGOHOOEYELONA1RT STMDAROSl6lR BE REASON FOR M0000A1DN OF TIE PEMITOY DIE NAM Of O10x15 COMMISSIONERS 45 'AEA COMM RIGHT MARIE WELD COUNTY W NEW THE ID5TPRODUOPEADNCULIUMA1 COUNTIES N THE UNWED STATES TYPCILLY RANIOMSN THEIOP TEN Daum IN THEGOVNTRYIA TOT& MNLEETVtiUE O AGRIGANRALPICGUCTS SOLO THE RURAL AREAS OF WELD COUNTY NAY REOPEN AN0 SEAGA%15111E THEY ARE INTENSIVELY USEDFORAGR00SLTRE PESS0R6 MMHGINTOARURAL AREA IRMT 000RO ZP001 ACCEPT MERE ARE OMWRACIO.IN:AUDWO CONFLICTS TWIT LONOITAWNOAOB:1LIURALPRACRGE5 AID A LOWER LEVEL OF BERMES TWIT IN TON, MON.; WIER THE DRAWBACKS COAEINEWCENTWES HAIGH ATIRACTURBAN OWELLERSIO RELOCATE TO RURALA0Fl5 OPENYEWS, SPACIOUSNESS 'MLOOE.LAG% Of OTT NONE AID CON'+ESIION, ADO THE RURAL ATMOSPHERE MO WAYOFLOE 55111001 NBCIMORING FARMS. THINE FEATLRES WHICH ATIRACTIIRBAN DWELLERS -0 ENE YARD COUNT WOULOOINCDLY BECAME FOREVER AGRGLl1URAL LSER5 OF THE LN10 3001X0 NOT IE ENPECI0 TO CHANCE THEN LORGESI00051 O AGRICILIURAI. 05505CES TO ACCOMMODATE NE 'URINOUS OF URBAN USERS INTO A RURAL AREA WELLMLNAOCULTUR1 =NOES HALL GENERATE OF -511E IMPACTS NCLLONO YAM FROM TRACTORS MO ECNITMEM SLOW0NMNO FORA VEMCLES ON RURAL ROWS: DUST FROM ANIMAL PERM 1000 WORK 041RYE51 PRO GRAVEL RODS ODOR FRWI AIWA CCNFMEMENT, SAGE AND MANURE, SMOKE WORSTED BLWNAG; FOES AND M65O110E5 MOM AND 'WPM ACOWIES 51DC1010 SPORTS LEGAL NALNG OF NL SINCE WECLPE AM THE 113E 0 PESTICIDES AND P65000ERS IN THE FIELDS. WRUOING THETAS. OF AERW SPRAYING TT IS C0NLON PRACTICE NM MAIM IUIII 90001MCE11S 10UTRNEL.ACCTMIUUDONOA 0040LA1UWN 600100011 AND SUPRES TO ASSIST IN THEM 151461410)01 OFERARd6 A CONCENTRATION OF IaOUANEOUS AGRALLTURM AAIERW6S OF -EN PRODUCES AVISJ/. DISPARITY BETWEEN RUPA AfO URBAN AREAS OF THE CONAN SECTION IDS SED CRS PROWOE51HAT M 00AUCULT5PAt OPERATOR SHALL NOT BE 101110 TO 10 A PUBLIC OR PRMAN IMEMCE F IRE AGRkOILNRAL OPFRATON ALLEGED TO BF A NIISAWNF FAIR ON WINOS OR MAGMAS THAT ARF COOMDAY 00 RFA50RABL'A ASSOCIATE('' WITH ADROITIWA PRCOUOTOR WATER MA5 BEEN AM GOFSIINUES RISE. ME UFEUYE TOT THE AGROLTIMALCCWALPRY O 6UIIENOTC TO ASSUME RUI DOCKS NC RESERV1RS.MAY SAUCY BE OWED .0010E THE YAW 0 RESIDENTIAL OEVELCPLIENT 'hi00 WANG TONE MANN. PROPERTY OWNERS AM RESIDENTS 0031 RNNE 11EY CANNOT TAME WATER FROM IRMGA1100 01f,ME5, _AKFS, OR DATER STRUCTURES, UNLESS THEY NAVE M AD.UINCATEO MOOT TORE WATER WELD COUNTY COVERS A LAND AREA OF APANRIMRIELY FOUR THOUSAND NOR MARE MULES IN SIDE 11YA0E RE NE 00140 SIAM O OEUWARE)AWM MOPE THAN TM TI0UMNS SEVEN TAMED DIM MASS OF STALE AMID EOM, R0A05 CUISOE OF I/UNCPALIIIES THE SNEER MAGNUM O The AKA TO SE SEALED STETCMES WADABLE RESOURCES LAW ERN:NOWT/1 6 BASED ON RESPONSES TO COMM./ANN MORE THAN 05 PATROLS Cf THE COUNT'. MD NE DISTANCES MARCH WE BE WIN RED MAY OEUY ALL EMERGENCY RESPONSES. 5 0,UDON'G 1045 EIEORCEIIF IT,MADIU01 , MD FIRE ME PROTECTION 6 LSUALLY PROVIDED IY VOLUNTEERS WHO NOSE .10'10 SCRAMS AND 1101000 TO RESPOND TO EMENENEZ CORN GRAVEL ROAM. N0 ARTIER HOW OFMTN TIES ARE 011EDVAAL NOT POMADE TEE 9ME 0NDCf SURFACE EXPECTED FROM A PAVED ROW. SNOW RELWALPRIOOTES MAN RAF RGNSFROM UNDID= TO MISRULE RATNERT CLEARED FOR SEVERAL DAYS AFTER A NAM SNOWSTORM SERVICES N RUN. AMAIN MANY CASES. WILL NOT RE ECONMER110NUNCFN SENYCES RURALONRSLERSMA6T NECESE11Y 8E LORE SELF-SUFFICIENT NAYWBANA0ELIER5 PEOPLE ARE UPOSE0 TO DEFERENT WARDS IN ME CORIIY MM N M URIAN OR 01410415 SETTING FARM EDUIP0EN1 ANS CO NEW EOIAPMERT. PODS AND IRRIGATION OICIES, ELECTRICAL POWER OCR PUNS AND CENTER PIVOT :AERATIONS MGH SPEED MANIC, SAND BUNS, ➢INCTO'RE'IDES, 7ERRICRULFARM00GSIZO LWEST0CN.AND OPEN SU0NINO PRESENT REAL THREATS. COIRJLLIYO CNLDRENS ACIVMES 6 IMPORTANT NOT ONLY FOR HEIR SAFETY. BAT ALSO FOR THE PROTECTOR 0 THE FAROER'SL'+1ELFICOD P. • IWs mato. uNW ADAFRIMN WCR-42 NATTNAILA /MIMPTstalfeAR 000055 PROPOSED SITE= ....Po" PROW Timm) .R•RIRw S IN a_16P SUILSMap 117. ..GE .'ARV L I0 • D - USE BY SPECIAL REVIEW MUSRI40030 USR-2 I HEARTLAND BIOGAS, LLC. PART OFTHE SOUTHEAST Y OF SECTION 25, TOWNSHIP 4 NORTH, RANGE PEEL Ml 65 WEST. OP THE 6TH P M., COUNTY OF WELD. COLORADO A� 1/ 1 GPROfeSSIOnalS M °M1E 305067th Avenue, Sulte 200, Greeley, CO 80634 (970) 535.9318 A Fax: (970) 535-9854 {r 1 1 , • AN� r�A , G1Ytaw,B1s• .......•SHEET: +NI .., w - ILI�`.a - Ale MO.. M� r:.,; EXHIBIT 24 r• UM PLAN sI MINOR AMENDMENT TO ;JJSE BY SPECIAL REVIEW MUSR14-0030 HEARTBIOGAS, LLC. PART OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, COLORADO .p:ss gg aitattfill 'Walnut DIGESTER PRI]f°i,S SYSTEM CLOSE UP SCALE:110 CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANN NG SERVICES -ADMINISTRATIVE REVIEW Counarolwela I ItI I rx w.wcxy ECr.. was aanS,.I.aa+o Wore roe Wvit lar of fiSn un. sow. A............... P/67ak.A O ;Widnes ay hand and Seal 1 - � N I •. IA ,RUIQi, I 1 - m Nolmy Pubre C. CCt.•bts- a• iIIRPl :.G vi • 7f- G.K\ J_ �_ r" Trl.l0,.... DIIA. ir•magusWm tral•rnellOmb uloaw1P..I.Io• wore Stale o'Cmaoao T I I PROPERTY OWNER'S CERTIFICATION 4 ,C LCr. IVY L8Yt0 - �r "..ul�l}isilhrwr _ -- •Aa1Pa rM0110w = ewsIa 0e° ING GAS Vertl. Q EMS IXKKTIMC GABS EOOLIIRIEHT VOWING OAS SETBACK lMUTIHa tETBACIUEV GNEM = M0 011000MMI ic=3, .Ra.NioICYh) :POLE LIGHT DETAIL Lr.�rl vOitillil�rrr • 1:11011 pimpooleshe Clefts. Ceit 010.•• IMONSIIMMIMenellib . P..Pea /-r--C� S�f teCi 9_]Jr-^_V11 � lvFCn ' _Y'STiVC Y- 4 l -1p. 4Y rM iR'1 wSt. .t • YC' .Ms.T WSSP ) Te,P,,7,0N, .r Yr • VTN CSC YF,',.• eMSv 01.50W .., ,1 SITE ACCESS. DETAIL ti +i.1EPMMh�wnwl.l ao h.r.hy egn.w O. sr Simeibo E.bpmml PlanW IA. tP.•�Ik.kr0..lCPrnLSlan4raa r caseated hereto lAb i,_aay.1 a'�G�J+�'.�.,1P6..�']�. lOff. Owner9 emine .8447 I 'kx SHEET: USR-1 uee rant USE BY SPECIAL REVIEW MUSRI4-0030 HEARTLAND BIOGAS, LLC. PART OF THE SOUTHEAST IA OF SECTION 25, FOWNSIRP 4NORTH. RANGE ES WEST. OF THE 6TH P.M., COUNTY OF WELD, COLORADO I AGPROfessio.ials Naafi/ C( AGEISLTa)E 3050 67th Avenue, Suite 200, Greeley, CO 80634 (970) 535-9318 • fax: (970) 535-9854 HOLLAND &HART. In December 9, 2016 Bruce Barker, Esq. Weld County Attorney P.O. Box 758 1150 O Street Greeley, CO 80632 bbarkerl(a,co.weld.co.us Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 tparko@co.weld.co.us Garrison W. Kaufman Of Counsel Phone (303) 295-8388 Fax (303) 223-2830 GWKaufman@hollandhart.com Re: Request to Formally Modify the Certificate of Designation for the Heartland Biogas, LLC Solid Waste Disposal Site and Facility to Reflect Heartland Biogas, LLC as the Owner/Operator of the Facility Dear Mr. Barker and Mr. Parko: By this letter, Heartland Biogas, LLC, is requesting that Weld County formally modify the Certificate of Designation associated with the Solid Waste Disposal Site and Facility (including Class 1 composting) located at: part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado ("Facility"), to reflect that the owner/operator of the Facility is Heartland Biogas, LLC. Heartland Biogas, LLC further requests that this matter be set for consideration before the Board of County Commissioners of Weld County ("Board of County Commissioners") as expeditiously as practicable. The historical backdrop for this request is somewhat complex. On or about April 21, 2009, Heartland Renewable Energy, LLC submitted an application for a Certificate of Designation for the then proposed Facility to Weld County, with a copy to the Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division ("CDPHE"). After a full review of the application, CDPHE recommended that the Board of County Commissioners approve the Certificate of Designation with certain conditions. Holland & Hart Lv Attorneys at Law Phone (303) 295-8000 Fax (303) 295-8261 www.hollandhartcom 555 17th Street Suite 3200 Denver, CO 80202-3979 Mailing Address Post Office Box 8749 Denver, CO 80201-8749 Aspen Billings Boise Boulder Carson OW Cheyenne Colorado Sprngs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. EXHIBIT 25 HOLLAND&HART A Mr. Bruce Barker Mr. Tom Parko December 9, 2016 Page 2 On August 9, 2010, the Board of County Commissioners issued a Resolution approving the Certificate of Designation. See Exhibit A. Subsequent to the initial approval of the Certificate of Designation, the Board of County Commissioners issued a Resolution approving a request to modify the original Certificate of Designation to reflect significant changes in the proposed site layout. See Exhibit B. The specifics associated with these changes are reflected in the Engineering, Design and Operations Plan, Revision 4 ("EDOP") developed in connection with the Certificate of Designation and CDPHE ongoing review process. Attached as Exhibit C. Shortly after approval of the request to modify, Heartland Renewable Energy, LLC transferred ownership of the Facility to Heartland Biogas, LLC. Heartland Biogas, LLC provided notice to Weld County of the transfer of ownership of the Facility, and expressed its understanding that the notice would be provided to the Board of County Commissioners to reflect the transfer of ownership for the purpose of the Certificate of Designation. See Exhibit D. In early November 2013, Heartland Biogas, LLC, submitted a Change Request to CDPHE, to update the EDOP to reflect, among other changes, the change in the owner/operator of the facility to Heartland Biogas, LLC. CDPHE approved this change request on December 4, 2013. See Exhibit E. On or about that same day, Heartland Biogas, LLC provided Weld County with a copy of the approved change request. See Exhibit F. Since that time Heartland Biogas, LLC worked diligently with Weld County and CDPHE in completing the myriad of planning and permitting activities associated with the construction of the Facility. Throughout this process it was understood that Heartland Biogas, LLC was the owner/operator of the Facility, including for the purposes of the Certificate of Designation and the financial assurances for the Facility. See e.g. Exhibits G, H, I, J, K, and L. Notwithstanding the fact that Weld County and CDPHE have acknowledged Heartland Biogas, LLC as the owner/operator of the Facility since late 2013, the State has recently raised concerns about Heartland Biogas, LLC's status as the owner operator of the Facility for the purposes of the Certificate of Designation. To address these concerns, Heartland Biogas, LLC is hereby specifically requesting that the Board of County Commissioners formally acknowledge Heartland Biogas, LLC as the approved owner/operator of the Facility for the purposes of the Certificate of Designation. The new ownership information is reflected in the original notice to Weld County, attached as Exhibit D. Because of the limited scope of this request, and because the vast majority of the process and analysis associated with Certificate of Designation and subsequent planning process has already been completed by Weld County and CDPHE, Heartland Biogas, LLC believes that the hearing on this request should be limited to consideration of whether Heartland Biogas, LLC is an appropriate owner/operator of the Facility in light of the requirements of the Solid Waste Act and underlying regulations. Given, its efforts in working with Weld County and CDPHE in developing and starting -up the Facility, and the County and CDPHE's tacit and express approval of Heartland Biogas, LLC as the owner/operator of the Facility for over three years, Heartland Biogas, LLC submits that this question has already been answered in the affirmative, but HOLLAND&HART Mr. Bruce Barker Mr. Tom Parko December 9, 2016 Page 3 nevertheless requests that the Board of County Commissioners expressly acknowledge this fact. Further, based on discussions with the Weld County Attorney's Office, Heartland Biogas, LLC understands that in support of this request, it need not resubmit materials that were included with the original application and subsequent amendment. Rather, only new material associated with the issues raised by transfer of ownership of the Facility needs to be submitted. To this end, we are including with this letter the financial assurance mechanisms pertaining to Heartland Biogas, LLC. See Exhibits M and N. We are not aware of other materials that need to be submitted with this request, but if there are additional materials necessary that are needed please let me know and we will provide a supplemental submittal of those materials. Thank you very much for your attention to this matter. Sincerely, Garrison W. Kaufman Of Counsel GWK:dc Enclosures: COLORADO DEPARTMENT OF AGRICULTURE Fertilizer Program 2331 West 31st Avenue Denver, CO 80211 (303) 477-0086 CERTIFICATE OF REGISTRATION 9931 ATTN: LAURA KELLOG HEARTLAND RENEWABLE ENERGY LLC 116-B S RIVER RD BEDFORD NH 03110 REGISTERED BRANDS AND PRODUCTS: HEARTLAND RENEWABLE ENERGY I DIGESTATE LIQUOR 00-00-00 SOIL CONDITIONER/PLANT AMENDMENT By: Jonathan Handy, Program Administrator This certifies that the following brands and grades of commercial fertilizers, soil conditioners and plant amendments have been approved for sale in Colorado through JUNE 30, 2014. Date: 6/6/2013 Page 1 of I EXHIBIT 26 Bulk Soil Conditioner Label HRE Digestate Liquor Composition Thermophilic Anaerobic Digestate Liquor* 100% *Feedstock includes animal manure, animal rendering by-products, agri-food industry residues, and biofuel production by-products. Contains biologically stable organic matter and humus precursors. It will provide moisture and promote soil microbial activity. For use on field crops in agriculturally zoned land. Due to nutrient content, use product analysis provided with this label to determine dilution rates and total application rates for specific crops being irrigated. Product contains salt, sodium, chloride, and other elements which could be harmful to plants or animals consuming forage crops when used in excess. May be applied any time of year, but dilute or rinse when applying over foliage. Apply via drop sprinkler or injection methods. Follow industry best management practices for organic amendments. Product may contain live microorganisms. Avoid contact with eyes, mouth, and broken skin. Do not inhale product. Wear eye and skin protection when handling. Wash hands after using. Product has not been evaluated for use on vegetables. HRE Address Net weight: Sold in bulk. See delivery invoice Lot code: 12.12.2016 COLORADO Department of Agriculture AgLicense ID # 00017H RALPH DALEY HEARTLAND BIOGAS LLC 15445 INNOVATION DRIVE SAN DIEGO CA 92128 Fertilizer Manufacturers Registration THIS Registration IS NOT TRANSFERABLE HEARTLAND BIOGAS LLC Doing Business As Name(s) (DBA) HEARTLAND BIOGAS LLC Fertilizer Manufacturers Business ID # 9975 Pursuant to § 35-12-101 through 35-12-120, C.R.S., the following brands and grades of commercial fertilizers, soil conditioners, and plant amendments are registered with the Commissioner for distribution within the state of Colorado. Brand Id Mir ID GRADE' 87532 1 0-0-0 DIGESTATE LIQUOR Printed On:Tuesday, August 09, 2016 Expire Date 12/31/2016 Effective Date 1/1/2016 Don Brown August 09, 2016 Commissioner of Agriculture Print Date 305 Interlocken Parkway, Broomfield, CO 80021 P 303.869.9000 F 303.466.2867 www.colorado.gov/ag EXHIBIT 27 13 From: Doak • CDPHE, Roger [rnttill o:roaer.tioakCcDstate.m] - Sent: Monday, May 20, 2013 1:24 PM To: Marcy Kappen Cc: Bruskin - CDPHE, Larry; Laura Kellogg; James Potter; jortathan,handvfdiaa.state.co.us; jonathan.handy@ag.state,co.us Subject: Re! CDA/Solid waste follow up Marcy, Solid waste remains a waste unless the material achieves established standards for unrestricUod release. in the case of the digestate, the Table 1 standards found in Section 14 of the Solid Waste Regulations would be applicahte if the finished product is labeled or advertised as a soil amendment or compost you will be subject to CDA rules and requirements. thanks, Roger Roger Doak, Unit Leader Solid Waste Permitting Unit Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division Colorado Department of Public Health and Environment 4300 Chwry Creek Drive South Denver, CO 50246-1530 EXHIBIT 28 Application for a Solid Waste Beneficial Use Determination Colorado This form should be used to request a Beneficial Use Determination (BUD) in compliance with dPublicDtEn Fndtcoctmmt Section 8.6 of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2. A. Applicant Information Applicant Name: Heartland Biogas, LLC Business Name (if different than applicant name): Mailing Address: 19179 WCR 49 City: LaSalle State: CO Zip Code: 80645 Billing Address: PO Box 504080 City: San Diego State: CA Zip Code: 92150-4080 Consultant Name (if applicable): AGPROfessionals Mailing Address: 3050 67th Avenue, Suite 200 City: Greeley State: CO Zip Code: 80634 B. Type of Beneficial Use Requested Application Type: New ❑ Re -characterization ❑ Modify Existing Determination x❑ Does the beneficial use proposal involve the land application of any material? Yes No x❑ As indicated throughout the approved EDOP. the digestion process yields a liquid digestate that will be land applied as a soil amendment to improve soil properties. Extensive co deuce among Heartland. CDPHE and CDA took place in 2013 that the liquid fraction would be classified as a soil amendment by CDA and have unrestricted distribution under the CDA issued label and registration as a soil amendment product. Application Category: Category 1 ❑ Category 2 ❑ Category 3 ❑ Case -by -Case Q Category 1: Wastes that have been characterized according to the methods established in Section 8.6.5 and test results indicate the material contains the constituents in Tables 1 A and 1B at or below the specified standards or at or below the levels contained in the raw materials being replaced. Category 1 beneficial use materials may be used for those uses identified under Waste Category column 1 on Table 2. Category 2: Wastes that have been characterized according to the methods established in Section 8.6.5 and test results indicate the material or final product containing the material contains the constituents in Table 1B at or below the specified standards or at or below the levels contained in the raw materials being replaced. Category 2 beneficial use materials may be used for those uses identified under Waste Category column 2 on Table 2. Category 3: Wastes that have been determined to not be a hazardous waste may be used in solid and hazardous waste disposal areas that are approved to accept the beneficial use material for those uses identified under Waste Category 3 on Table 2. Case -by -Case determinations apply to those solid wastes to be beneficially used, but not identified at the top of Tables 1 and 2. Page 1 of 3 EXHIBIT 29 ®Y C. Signature This document must be signed by the applicant or a legally authorized representative of the applicant. I certify under natty of 1. w that this document and all attachments contained in this application are true and orr ct to hbest of my knowledge and belief. Signature: NI Printed Name: Jason Thomas Date: IL- }•2014 D. Required Attachments to the Application For an application to be complete, you must provide the required information for each listed item as it applies to the application category. ® A description of the material and the generation process, including initial characterization or re -characterization test results, if applicable. (Previously Submitted October 6, 2016) O A description of the proposed beneficial use and methods for storing the materials. (Same as Above) 0 A comparison of the chemical and physical characteristics of the material proposed for beneficial use and the material it will replace. (Same as Above) x❑ An estimate of the quantity of material to be beneficially used.150,000,000 gallons or 22,920,750 lbs LSA Dry Matter x❑ Documentation that the proposed use is acceptable by the local governing authority, if applicable. "Weld County is regulating Heartland under an approved EDOP which classifies the liquid digestate as a soil amendment' O Any other information that may be required to evaluate the proposal. E. Performance Criteria For all categories - An application for beneficial use determination must demonstrate satisfactory compliance with the following performance criteria. The use is beneficial, including: • There is an identified or reasonably likely use for the material that is not s p � eculative; Field Test Data Provided • The use is a valuable part of a manufacturing process, an effective substitute for a valuable raw material or commercial product, or it is authorized by the Department and does not constitute disposal;Manure, slurried manure, commercial fertilizer, commercial humus or other soil amendments • The use is in accordance with applicable engineering standards, commercial standards, and agricultural or horticultural practices. Agriculture The use will not create an adverse impact on public health and the environment, including: • The material is not hazardous waste under the rules developed by the Solid and Hazardous Waste Commission in compliance with S 25-15-302 C.R.S.; Provided Chemical Analysis • The material will be managed to prevent nuisance odors or ground water contamination;thr Party Transfer • Contaminants in the material do not exceed the unrestricted use levels, naturally occurring cDA background concentrations, acceptable risk levels, or those levels present in a comparable raw material or commercial product. Met standards applied to commercial compost The use shall comply with all applicable federal, state and local regulations. F. Fees Fees will be invoiced the calendar quarter following the issuance of the beneficial use determination. Page 2 of 3 AV A review fee of $125 per hour will be assessed to beneficial use applicants regardless of the approval status. The fee covers professional staff time spent reviewing, evaluating and responding to documents submitted. Complete and well -organized attachments to this application can help minimize your costs. INSTRUCTIONS Complete all sections of the form, make a copy for your files and send the completed form and all attachments to: cdphe.hmrecycling®state.co.us or Colorado Department of Public Health and Environment c/o Beneficial Use Determination HMWMD-SW-B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 Page 3 of 3 AV -411IffEARTLAND bogas project 19179 WCR 49 LaSalle, CO 80645 December 6, 2016 Mr. David Snapp Unit Leader, Materials Management Section Solid Waste and Materials Management Program Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246 Mr. Michael Bankoff Materials Management Unit Solid Waste and Materials Management Program Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246 certified mail return receipt/tbd Subject: Liquid Soil Amendment Beneficial Use Proposal/Response to Comments, Heartland Biogas LLC, LaSalle, CO AGPRO Project #1508-10 Dear Sirs: This correspondence is in response to your November 4th, 2016 letter which contained comments and requests related to the Beneficial Use (BU) of Heartland Biogas liquid soil amendment (LSA) product. The Heartland Biogas liquid soil amendment (LSA) has been, throughout the course of the project and EDOP development, a finished product; under the same premise as dry compost product outlined in Regulation 14. Compost that satisfies the levels specified in Table 1 and all other parameters identified by the Department per Section 14.5.5 is determined by these criteria to be finished compost and acceptable for unrestricted use. The finished compost is considered to be a product not a waste, and is no longer subject to these Solid Waste Regulations. Once the digestion process is complete and the material meets the required pathogen and analytical specifications, it is no longer a solid waste; it is a product. The LSA product has previously been determined by the Division as under the Colorado Department of Agriculture and the LSA product received a product specification label. www Bdf-re corn -' EARTLAND ',loges project 19179 WCR 49 LaSalle, CO 80645 Since the Division has subsequently requested a Beneficial Use Determination (BUD) we are complying with their request to obtain the BUD for the LSA product. Four requests for additional information were made in that response. They are addressed below: 1. Laboratory Data must be submitted from representative sampling of the waste stream. Attachment A (a Compact Disc) contains analytical data for LSA material. AGPROfessionals included summary tables 1, 3 and 4 of these data in the initial BU request dated October 6, 2016. 2. All wastes shall be evaluated through geotechnical engineering methods or other appropriate means to show suitability for intended beneficial use. Under the "other appropriate means" provision, Heartland offers the results of their full scale field studies at several farms during the 2016 growing season, which evaluated impacts to soil, plant tissues, and overall plant health. Liquid Soil Amendment (LSA) has been distributed to area farmers under the Colorado Department of Agriculture (CDA) issued label and product registration. These are 3'd Party transfers of a finished product. LSA has been applied on several fields and various crops in the area surrounding the Heartland Biogas facility. Growers are often using it as a replacement for solid manure obtained from area livestock feeding operations. Several growers participated in the Heartland Biogas study to determine the efficacy of LSA as a soil amendment. Soil samples and tissue samples were taken throughout the 2016 crop season to monitor quality characteristics in the crop and to monitor nutrient and salt levels in the soil. Growers have shown a great interest in this product because of its potential soil building characteristics and its valuable nutrient content. Participating growers were provided analyses of LSA and a suggested LSA application plan based upon the nutrient needs of the current crop or the 2017 crop. The Heartland team met extensively with area growers to introduce them to the new product. Chemical analyses, application scenarios, and range of potential application rates were discussed. Several growers agreed to participate in a full scale field efficacy study. The following represent the analyses that were performed on various grower's fields (lab reports are included Attachment B): wwwedf-re Corn -AS EARTLAN D blogas project 19179 WCR 49 tRS9Ue. CO 80645 Soils Focus: Grower Crop Treatment Nitrate- N (ppm) Nitrate -N (lbs/ac) Soluble Salts (mmhos/cm) Sodium Adsorption Ratio WALKER ALFALFA No LSA 2.3 7 0.52 2.24 LSA 4.1 12 1.04 2.50 FOOS TRITICALE No LSA 11.6 42 2.28 4.07 LSA 27.9 101 2.46 3.51 Alfalfa (Walker): No significant increases in nitrogen levels or salt components between soils treated with LSA through the pivot and soils that were not treated with LSA. Triticale (Foos): Nitrate levels increased in the soil from 42 lbs. nitrate/acre to 101 lbs. nitrate/acre after an application of LSA through the pivot. This was beneficial to the producer as he was trying to increase nitrogen levels in the soil for his recently planted triticale crop. Plant Tissue Focus: Grower Crop Treatment Nitrate -N (mg/kg) Crude Protein % WALKER ALFALFA No LSA 165 32.2 LSA 200 30.6 Grower Crop Treatment Growth Stage Total Nitrogen (%) Nitrogen Level at Growth Stage SATER Dinnel Full W12 Pivot CORN No LSA Pre -application Early Vegetative 3.55 Low LSA Post -application Tassel 3.18 Optimum Alfalfa (Walker): Alfalfa forage quality components were similar between LSA treated alfalfa and untreated alfalfa. The nitrate levels were slightly higher in the LSA treated alfalfa (200 mg/kg) versus the untreated alfalfa (165 mg/kg) (tissue analysis attached). Both levels were well below the level of concern (1000 mg/kg). wwwedf--re corn - EARTLAND biogas project 19179 WCR 49 LaSalle, CO 80645 Corn (Sater): An earlier sample was taken that indicated nitrogen levels were low in leaf tissues (tissue analysis attached). LSA was applied through the pivot on Dinnel Full W12 just prior to tasseling. Tissue samples were taken at tasseling and revealed that nitrogen levels in leaf tissue were at optimum levels (tissue analysis attached). Additional Observations have been made from the 2016 Applications: LSA has been applied successfully to several different crops throughout the 2016 growing season. These crops included: oats, sorghum-sudan grass, alfalfa, corn, and triticale. Growers were pleased with the results. LSA was applied through the center pivot over the top of corn prior to tasseling. Tissue results indicated that nitrogen levels in the leaves went from a low level prior to application of LSA to an optimum level after application. Observations of the crop after application showed no leaf damage. In addition, grain in corn ears were filled to the tips, indicating a positive growing environment after LSA application. LSA was applied through center pivots to triticale prior to and after emergence. Both techniques were successful and resulted in robust growth of foliage going into the fall. One pivot application was conducted during the day when the temperature was approximately 90 F. This application resulted in some leaf tissue being burned because of ammonium volatization. This same response would be expected from the application of any ammonia -containing product that growers might commonly use under these conditions. The triticale recovered very quickly and there were no long-term effects from this damage. When LSA was applied to oats through the pivot, the grower commented that the oats showed increased growth and a dark green, healthy color. Another grower indicated that an LSA application to his sorghum-sudan grass resulted in vigorous re -growth after first cutting. These testimonials reveal an overall acceptance of the LSA product and a willingness to continue to use it in future cropping seasons. LSA has been monitored and studied and shown to be safe in multiple real world, full scale crop and soil applications in the field by commercial farmers. These full scale, filed studies are superior to conducting greenhouse bioassay studies in that they yielded insights into farmer management and acceptance of the product. The multiple field scale applications of this product have proved its safety in regards to crop applications. Sampling of both tissue and soil will continue to take place throughout the 2017 growing season to further investigate appropriate application rates of LSA for several different crops. 1. Provide an Ongoing Sampling Plan www edf-re corn AIIKEARTLAND biogas project 19179 WCR 49 LaSalle, CO 80845 The facility is restricted to a very narrow set of allowable substrates; these are Attachment C (and Appendix P of the EDOP). The chemical constituent data to date (Tables I through 4 in the original submittal) have been consistent, indicating that the substrate variations do not impact the final LSA product to a significant degree. Regulatory Sampling Discussions with both CDPHE and CDA in 2013 during the lead up to the issuance of the CDA product label and product registration, led to the philosophy that the LSA monitoring would parallel that of commercial composting testing for adulteration. Both the CDA and CDPHE requirements for finished compost have the same parameters for evaluation of suitability for distribution. Ref: Department of Agriculture 8 CCR 1202-4, Part 7.0 ADULTERATION, 7.2 Compost and CDPHE 6 CCR 1007-2, Section 14.6 Table 1. METALS Maximum level mg/kg dry weight basis Arsenic 41 Cadmium 39 Copper 1500 Lead 300 Mercury 17 Nickel 420 Selenium 100 Zinc 2800 PATHOGENS Fecal Coliforms Less than 1000 most probable number per gram of total solids (dry weight basis) or Salmonella sp. bacteria Less than three (3) most probable number per four (4) grams of total solids (dry weight basis Both the North and the South Lagoons were sampled. Samples for selenium, lead, nickel, cobalt, cadmium, and arsenic have been non -detectable. Zinc is found consistently in the range of 400 to 1200 mg/kg and copper is found consistently in the range of 150 to 550 mg/kg when reported on a dry weight basis. Both constituents are well below their regulated limits. Given the consistency of meeting compliance limits, we propose to continue to sample from the ponds and report these values on a quarterly basis. wwwedf-re corn -4IgEARTLAND biogas project 19179 WCR 49 LaSalle. CO 80645 Agronomy Sampling In addition to the above sampling, agronomic parameters are also analyzed to provide the growers with data for determining appropriate application rates for various crops. Monthly, the following constituents are analyzed as part of the LSA third party transfers. Ammoniacal nitrogen Organic nitrogen Total Kjeldahl nitrogen Phosphate P2O5 (calculated) Potash K2O (calculated) Phosphorus Potassium Sulfur Calcium Magnesium Sodium Iron Manganese Zinc Copper Conductivity pH Percent Solids Total dissolved solids Carbonate as CaCO3 Bicarbonate as CaCO3 Alkalinity as CaCO3 Sodium absorption ratio (SAR) Adjusted SAR Exchangeable sodium percentage Boron Chloride Nitrate/nitrite nitrogen Per the label, this product analysis is provided for the use of the grower in determining their dilution and application rates based on a variety of site specific field conditions such as soil types, residual nutrients, crops, etc. These will be provided monthly to growers for their use. Like compost, agronomic nutrients are not guaranteed; it is the responsibility of the grower to determine appropriate application/dilution rates. 4.) Application Form. Attachment D is the completed Beneficial Use Application Form. Project History reflected in the EDOP The project formation from the start was an acknowledgement that the nature of this operation did not fit cleanly into the existing regulatory setting and that a hybrid of regulations would need to be cobbled together to craft a suitable EDOP. The Introduction on page 9, states "Whereas there are no specific regulations for anaerobic digesters, a combination of Class I Composting facility and www edf-re corn - EARTLAND biogas project 19179 WCR 49 LaSalle. Co 80845 Solid -Waste —to-Energy Facility permits have been mutually negotiated by CDPHE and HRE." The EDOP evolved from this premise and does not contain all the elements of either program. To reiterate, the LSA is a finished product that meets the required pathogenic and analytic requirements, and that a soil amendment label was obtained from the CDA upon advisement of the Division. It was always the intent that facility to produce "products' not wastes; whether that be the methane — rich gas stream, compost -like dried solids or a liquid soil amendment. The intent is clearly stated in EDOP Executive Summary; "Anaerobic digestions of organic wastes in a controlled environment yields environmentally sound products for beneficial reuse." It specifically references "the digestion process will yield a liquid digestate that will be land applied to improve soil properties" (pg 6.) Additionally on pages 9 and 34, there are references to the intent that the liquid fraction would be utilized as a soil amendment for area cropland. Within this context, Heartland worked with both CDPHE and CDA to be able to distribute the LSA under the labeling and registration of the CDA. If you require any additional information for your Beneficial Use Determination, please do not hesitate to contact us at (970) 515-7396. Best regards Jas d'n Thomas Plant Manager Attachments: A — Lab Data CD B — Field Study Lab Data C — Allowable Feedstock Substrates D — Beneficial Use Application Form Ecc: Ralph Daley, Heartland Biogas Cheryl Hainich, Heartland Biogas Patricia Spaine, AGPROfessionals Janine Baratta, AGPROfessionals Jeff Davidson, AGPROfessionals wwwedf-recom Attachment B List of Acceptable Feedstock Substrates Heartland Renewable Energy, LLC Weld County, Colorado LIST OF ACCEPTABLE FEEDSTOCK SUBSTRATES This is a Class I Compost Facility which accepts Types 1, 2 and 3 Feedstocks. • Type 1 includes: Agriculture crop residues, manure, untreated wood wastes, yard, paper and green wastes • Type 2 includes: Animal material, animal mortalities, and source separated food wastes • Type 3 includes: Biosolids, solid waste, processed solid waste and sludges Feedstocks that will be accepted include: • Grease Tank Bottoms from meat rendering • Restaurant grease • Soap stock — byproduct of biodiesel production • Pressed or centrifuged Dissolved Air Floatation (DAF) cake from food processing industry • Fats, oils and greases (FOG) - high fat content material from food processing • Glycerin — byproduct of biodiesel production (must sufficiently pass ignitability/flashpoint) • Poultry byproducts (fat, vicera, offal) • Concentrated Grease Trap Waste (GTW) • Poultry, swine & beef processing waste other than bone, blood, feathers and hides • Processed dewatered DAF from food processing industry • Evaporated thin stillage, either from the ethanol or brewery industry • Concentrated whey, lactose or delactose from a reverse osmosis (RO) system • Reject processed foods (all types) • Food waste • Dewatered DAF from food processing industry • Poultry hatchery waste • Ethanol or brewery waste (distillers, waste yeast, etc.) • Ultra filtered whey or lactose • Beer retentate other other byproducts such as waste yeast and distillers grain • Paunch manure • High moisture DAF and GTW from food processing industry or restaurants • Thin stillage from corn ethanol production • High moisture organic materials from processed grapes, vegetables, fruits, sugar beets, potatoes, onions, and other processed agricultural products Feedstocks which WILL NOT be accepted: • Municipal Waste • Hazardous Waste Attachment C Lab Data for Field Studies V a O tai CU -J O C) o .]C co co CD M Z Y a, 0a O C) U- O p M (fl X O Cr) m U) a9° 0 M N N 0 0 .b J E AGPROFESSIONALS LLC 3050 67TH AVE SUITE 200 10/12/2016 DATE REPORTED: DATE RECEIVED: 0 8 LL ILI i z M m O co 0 0 } W W w 0 SOIL TEST RESULTS NITRATE -N PHOSPHORUS (FIA) vo E 2317104 48 & 61 NE QTR 0-12 8.2 N 2.28 2.6 11.6 42 98 2317105 48 & 61 SE QTR 0-12 8.0 L 2.60 2.8 20.0 72 128 % SATURATION z 2317104 113 799 3740 1370 476 5.2 10.5 2.0 2.1 3.4 34.2 100 0 56 33 6 5 2317105 105 782 4010 1390 505 5.9 13.4 2.4 2.7 3.7 35.8 100 0 57 32 6 5 0z 0 I- 2317104 4.67 3.55 8.25 4.07 5 0 2317105 3.88 2.96 7.75 4.19 5 0 SUGGESTED FERTILIZER RECOMMENDATIONS LAB FIELD SAMPLE CROP TO BE YIELD N P2O5 K2O S Zn MgO Fe Mn Cu B CI NUMBER IDENTIFICATION IDENTIFICATION GROWN GOAL lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A Analysis By: American Ag. Lab Recommendations By: American Ag Lab N E 2 a a Y ALUMINUM ppm a a a w 8 E.cL NH4-N lbs/A U r- E Q. E 0. a Q PARTICLE SIZE ANALYSIS CHLORIDE p I Q N o EO. w a m a a 0OJO EST. CATION EXCHANGE CAPACITY (CEC) me/100g w re 0co SOLUBLE SALTS mod. SP mmhos/cm J w BORON Sorbltol ppm LIME REC T/A 60% ECCE 0 Z° fio -J >-- go O m DTPA U a -J e J E6 z a 1:1 Buffer Soil Woodruff c E a. 0 Q 0 m m a w a GYPSUM REQ T/A a t 8 E IS a a SODIUM EXCH. ADSORPTION SODIUM RATIO PERCENT (SAR) (ESP) SAMPLE IDENTIFICATION NH4OAc (Exchangeable) z o - a 2a. a Ca ppm FIELD IDENTIFICATION SOLUBLE (SAT. EXT.) Na me/L Y a a Mg me/L SULFATE -S Ca -P ppm Ca me/L CL w m m g LAB NUMBER LAB NUMBER 3z A J 0 ♦,a V O c ca�co o Zcc) • co 8 JME ` a) • OOQ X O < • O O . � pM L a_ o co e = NO 03 w III �\ O • V �- � N L E Q O 0 N J p — Z d W CO Q W Z o IX CO a N Q ) (D O N N 0 0 W f- 0 a w K et cD 0 N io N O DATE RECEIVED: W i Z GREELEY CO 80634 2320797 48 & 61 NORTH W 1/3 0-12 7.9 N 2.02 2.5 26.1 94 85 2320798 48 & 61 NORTH M 1/3 0-12 8.1 N 2.44 2.6 28.2 102 176 2320799 48 & 61 NORTH E 1/3 0-12 8.0 N 2.92 3.2 29.4 106 165 2320797 73 633 3360 1094 354 4.3 14.9 2.0 1.8 2.3 29.1 100 0 59 31 6 4 2320798 92 735 3640 1202 376 6.2 11.5 1.6 2.0 2.8 31.7 100 0 58 32 6 4 2320799 109 985 3700 1294 394 6.9 13.4 2.2 2,5 3.5 33.5 100 0 56 32 8 4 0 Z H o 2320797 5.83 4.14 7.55 3.38 4 0 2320798 6.00 4.54 8.31 3.62 4 0 2320799 6.00 4.68 8.15 3.53 4 0 SUGGESTED FERTILIZER RECOMMENDATIONS 1 LAB FIELD SAMPLE CROP TO BE YIELD N P2O5 K2O S Zn Mgt) Fe Mn Cu B CI NUMBER IDENTIFICATION IDENTIFICATION GROWN GOAL lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A Analysis By: American Ag. Lab Recommendations By: American Ag Lab ALUMINUM ppm EXCH. NH4-N Q 2 a g. 0. CHLORIDE a g. a PARTICLE SIZE ANALYSIS SOIL TEXTURE 5 zg J o � ¢'e GYPSUM REQ T/A EXCH. SODIUM PERCENT (ESP) SODIUM ADSORPTION RATIO (SAR) SOLUBLE (SAT. EXT.) Na me/L Mg melt Ca LAB NUMBER d c O w 611 O O O1 ♦... NO ire O vow jr2 0O p Zafa --16 O c6 JE0M _2 q CI u_ _i L a, rn = mOQ mco¢ •v a°-- S L as < h" C of al IS PV y O •I E i 1 I g S r SOIL TEST RESULTS NITRATE -N PHOSPHORUS (F1A) 1379929 ALFALFA NOT TREATED 0-10 7.2 N 0.52 1.6 2.3 7 21 1379930 ALFALFA TREATED 0-10 7.9 N 1.04 1.5 4.1 12 12 NOLLVUIL LYS % 2 1379929 a 1e1 1370 233 86 3.3 23.9 3.5 1.8 0.6 9.6 100 0 73 20 5 2 1379930 15 101 T660 216 102 2.8 13.4 2.1 1.4 0.9 11.8 100 0 81 15 2 2 J nz k LAB FIELD SAMPLE CROP TO BE YIELD N P2O5 K2O S Zn MgO Fe Mn Cu B CI NUMBER IDENTIFICATION IDENTIFICATION GROWN GOAL IbsA lbs/A lbs/A lbs/A Ibs/A lbs/A lbs/A lbs/A lbs/A lbs/A lbs/A `1379929 ALFALFA NOT TREATED 1379930 ALFALFA TREATED IMatysls By: American Agricultural Lab Recommendations By.American Agricultural Lab electraficaNY APProvb by Kevin Grooms Y 4 i 8 a i x a a 2 i ( g U i g O $ EST. CATION EXCHANGE CAPACITY (CEC) me/100g PARTICLE SIZE ANALYSIS SOIL TEXTURE ire): 1 as .J W T6 1 E F 0 LIME REC T/A 60% ECCE } 0 X te o to J DTPA Zn Fe Mn Cu PPm PPm PPm PPm de i 4i m; cs B Ili -ooao g H N N SODIUM EXCH. ADSORPTION SODIUM RATIO PERCENT (SAR) (ESP) SAMPLE IDENTIFICATION NH4OAe (Exchangeable) K Ca Mg Na PPm PPm PPm _ PPm_ N (V N ZA 1 N ,, Z 4 �7 A O a SULFATE -S Ca -P PPm ?VS LL W —n$5+46 , preLg4 American Agricultural Laboratory, Inc. 700 West D Street / PO Box 370 / McCook, Nebraska 69001 Office: 308-345-3670 / FAX: 308-345-7880 www.AmAgLab.com FEED SAMPLE REPORT AGPROFESSIONALS LLC 3050 67TH AVE SUITE 200 GREELEY CO 80634 Name: WALKER Sample ID: ALFALFA TREATED Account Number: 22330 Date Sampled: 08/25/2016 Date Received: 08/30/2016 Date Reported: 09/01/2016 Lab Number: 242017 Constituent Analyzed Moisture, % Dry Matter, % Crude Protein, % Acid'Detergent Fiber % Total Digestible Nutrients (TDN), % Calculated Net Energy Lactation, Mcal/lb Calculated Net Energy Maintenance, Mcal/lb Calculated Net Energy Gain, Mcal/lb Nitrate -N, mg/kg "tj .ETESTIH . G .?2+ 6\ Z C tip p 0 , C Du+ ',& , As Received 77.1 22.9 7.0 4.9 17.4 0.18 0.19 0.12 Oven Dry 0.0 100.0 30.6 212 75.9 0.79 0.83 0.54 200 BYErectronicallY Approved br. Kevin Grooms 77554E w/rMrt. T G54 American Agricultural Laboratory, Inc. 700 West D Street / PO Box 370 / McCook, Nebraska 69001 Office: 308-345-3670 / FAX: 308-345-7880 www.AmAgLab.com FEED SAMPLE REPORT AGPROFESSIONALS LLC 3050 67TH AVE SUITE 200 GREELEY CO 80634 Name: WALKER Sample ID: ALFALFA UNTREATED Account Number: 22330 Date Sampled: 08/25/2016 Date Received: 08/30/2016 Date Reported: 09/01/2016 Lab Number. 242018 Constituent Analyzed As Received Moisture, % Dry Matter, % Crude Protein, % Acid Detergent Fiber % Total Digestible Nutrients (TON), % Calculated Net Energy Lactation, Mcal/Ib Calculated Net Energy Maintenance, Mcal/lb Calculated Net Energy Gain, Mcal/lb Nitrate -N, mg/kg Oven Dry GF'rFSrj ``, G n 0� If", by .;-. ; 1p 76.7 23.3 7.5 4.7 17.9 0.19 0.20 0.13 0.0 100.0 32.2 20.3 77.0 0.80 0.84 0.55 165 BYBectonically ApPfoved by: Kevin Grooms Tissue: Corn - V4 (Mid West Labs only) Grower Name JARED SATER Field Name DINNEL FULL W12 Crop Corn Sample Date 6/3012016 Test Date 715/2016 Field Rep Corey Rupple Sample 1D 3438111 Subfield 1 T1SS kE Pry 4.5A A t i. k.., ton. Vea 4pw Low I Optimum I High I Excessive Total N 3.5 Maximum N -Pact at 1 gl/A Total P 0.3 Black Label 1 gal/A or Task Force It 1 qt/A Total K 4. High Micronutrtents Very Low Low • .,Mum High I Excessive Ca 0.28_ 0.16 0.07 0.231 SST 8% Calcium Foliar 1-2Csts Mg Na S Fullback @ 1 qts/A Optimum NutriSync Sulfur 2 pts/A or ReNForce K+ at 2 qt/A Micronutrients Very Low ! Low I Optimum I High I Excessive Zn-ppm 29.00 BLACK JACK ZN 1 PT/ac or NutriSync Zn 1PT/ac Mn-ppm 45.00 NutriSync M @ 10 ozlac+NutriSync Manganese 1 Fe-ppm Cu-ppm 158.00 10 t r Blackjack Fe @ 1 qt/A or Rebar2 @ 1 qt/A Optimum B-ppm 11. r r Optimum Petioles Vary Low Low Optimum I High 1 Excessive Comments: Analytical data provided by Midwest Labs. Recommendations provided in this report are proprietary in nature whereby nutrient thresholds used as s reference may or may not match Midwest Labs ranges for this particular crop and growth stage. The information contained herein is provided "as is' without warranty of any kind. We hereby disclaim all warranties with regard to the information, including all implied warranties of merchantability or fitness for a particular purpose. In no event shall we be liable for any special, indirect or consequential damages or any damages whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information contained herein. Your exclusive remedy, and our total liability to you, shad be for damages not exceeding the price you have paid for the information contained herein. Tissue: Corn - V14 thru VT Grower Name JARED SATER Field Name DINNEL FULL W12 Crop Corn Sample Date 7/28/2016 Test Date 8/4/2016 Field Rep Trevor Geist Sample ID 3458770 Subield 1 ISSµE Post- 4 Aft �ript�on. Y,,Lry,.low_ _ , LOW Optimum ] High ] Excessive Total N 3.18 Optimum Total P 0.4 High Total K 2. High Macronutrients Very LoW i ojvv Optimum High i Excessive Ca 0.27 SST 8% Calcium Foliar 1-2Qts or CaTS 4 qts Mg Na 0.18 0.0 Fullback @ 1 qts/A Optimum S 0.23 Optimum Mlcronutrients 1 ` • . . ` m High Excessive Zn-ppm 50.1 r .- Very High Mn-ppm 46.40 Optimum High Excessive NutriSync M @ 10 oz/ac +NutriSync Manganese 1 Fe-ppm Cu-ppm 101.00 11.1 r Very Low Low Blackjack Fe @ 1gt/A or Rebar2 @ 1 qt/A Optimum B-ppm Petioles 30.00 Very High Analytical data provided by Midwest Labs. Recommendations provided In this report are proprietary In nature whereby nutrient thresholds used as a reference may or may not match Midwest Labs ranges for this particular crop and growth stage. The information contained herein is provided 'as is' without warranty of any kind. We hereby disclaim aN warranties with regard to the information, including all implied warranties of merchantability or fitness for a particular purpose. In no event shall we be liable for any special, indirect or consequential damages or any damages whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information contained herein. Your exclusive remedy, and our total liability to you, shall be for damages not exceeding the price you have paid for the information contained herein. Attachment D Application for BU Determination EXHIBIT 30 COLORADO Department of Public Health Er Environment Dedicated to protecting and improving the health and environment of the people of Colorado Mr. Jason Thomas Heartland Biogas Plant Manager 19179 Weld County Road 49 LaSalle, CO 80645 Re: Unannounced November 22, 2016 Compliance Inspection Heartland Biogas LLC Facility Weld County, Colorado SW/WLD/HRE/1.2. November 30, 2016 Dear Mr. Thomas, On November 22, 2016, a representative from the Colorado Department of Public Health and Environment (Department), Hazardous Materials and Waste Management Division (Division) conducted a joint inspection of the Heartland Biogas LLC Facility with a representative from the Department's Air Pollution Control Division (APCD). The purpose of the Division's inspection was to evaluate the facility's compliance status with respect to the applicable Minimum Standards put forth in the Solid Waste Disposal Sites and Facilities Act, CRS 30-20- 100.5 et.seq. (the Act) and the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2 (the Regulations). The Division is currently encouraging the Heartland Biogas LLC facility to apply to Weld County for a Certificate of Designation soon. As such, the Division's unannounced November 22, 2016 inspection was limited to a focus on the field operations aspect of the facility (e.g., occurrence of nuisance conditions, conduct of solid waste disposal activities, status of surface water/leachate management system, etc.) in context of the pertinent minimum standards set forth in the Act and the Regulations. The November 22, 2016 inspection did not include an inspection of the Heartland Biogas LLC Facility operating records. Given the above and based on the information obtained and observations made during the inspection (including numerous odor surveys performed around the facility perimeter by the Department's APCD representative as documented in an APCD Field Inspection Report dated November 29, 2016), the facility was determined to be operating in compliance with the applicable Minimum Standards of the Act and the Regulations on the date of the inspection. For details on what specific activities or provisions were evaluated during the inspection, please refer to the Notice of Inspection and Inspection Checklist, which are enclosed with this letter. As a point of clarification, the no violation marked for Illegal Disposal on the Inspection Checklist pertains to the solid waste disposal activities observed at the facility on the day of the inspection and not the Certificate of Designation. If you should have any questions regarding the inspection or this correspondence, please feel free to contact Doug Ikenberry at 303-692-3389. 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Mr. Jason Thomas November 30, 2016 Page 2 of 2 Sincerely, P 14t . I'Le-"AAr Douglas M. Ikenberry Professional Engineer I Compliance Assurance Unit Solid Waste and Material Management Program Enclosures ec: Ben Frissell, WCDPHE Ed Smith, HMWMD Heather Barbare, HMWMD Paul Carr, APCD Solid Waste Tracking Facility: 4.6,4 ( 0-4'1d i O as 9 Inspection Date: �' I 2-2- Composting Inspector(s):-�-t�l KJ er7 Waste Analysis,Acceptance,HW Exclusion Site -Specific Engineering Design and Operation Plan Requirements: 14.3.3(A) Page 2 of 2 Colorado Deperint an of Public n,l Emironuxnn Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division 4300 Cherry Creek Drive South, Mail Code HMWMD-B2, Denver, CO 80246-1530 (303) 692-3320 http://www.colorado.gov/cdphe/solidwaste Solid Waste and Materials Management Program Notice of Insaection Facility Name ► 1 .-/- ICE -? CI Facility ID Code Date r id /' QS Trim Code 5W v, Lb p-�.e- di —22 ---/‘ Street / 9/79 c l- n ( 7 Announced? ( ) Yes No Time In: C A I 0 City / C unty Zip C �Q l �� Fi % �j Enter by:li onsent ( ) Warrant ( ) Open Fields Time Out: , I 1 Q 0 Facility Representatives: --ril0rnas Phone Email TitsTh g70s)573Q6 Local Government Representatives Phone q 7 a Email Pk t Brea)er , Be.i,-, -t'sse.C( 3154F35 ¢- X Inspection Result: No Violations Observed Minor Violations Noted Below Minor Violations, Compliance Advisory Issued Major Violations Identified Apparent Violations and requested corrective actions: ' e Z -a Yh e -+e -r -s Compliance Assistance Delivered During the Inspection: X Yes No; If yes, describe: 9es-71 I r C C k fill, / ��nd wa-(e vvion . welts / e /eccc/≤ /2!iew W7 r C/ td' date Il-2z_ /, t S De G`�-; c GC c e� � � 5 l �` c vzot I-71ms f � 5 0r c e rieaC.ita. l te leaHr/ifte<i- re 5 W P&3≤ N►ormw 3+06 - Inspection Type: Audit Complaint X Routine Compliance Inspection Compliance Assistance Visit Enforcement Follow-up _Environmental Covenant File/Records Review _Sampling Sigr a tore o acility e r sentative Receiving Form: Lead- CDPHE Inspector: 1 ^/ � b� J� -2ke,1 1)err/ Name of F �"as�n ility Officia Recei g Form: Assisting Inspectors: -1a(Carr - AP CD esrn as Facility: Composting COLORADO DEPARTMENT of PUBLIC HEALTH ENVIRONMENT Hazardous Materials and Waste Management Division OLID WASTE DISPOSAL SITE AND FACILITY INSPECTION Paf -1lame/c a Record Review Certificate of Designation Closure/Post-closure Construction Quality Assurance D and O Plan Duty to Comply Fees Ground Water Monitoring Operating Requirements Personnel Training Preparedness and Prevention Recordkeeping Reporting Site Review Closure/Post-closure Construction Quality Assurance Financial Assurance Ground Water Monitoring Nuisance Conditions Control Operating Requirements Security Surface Water Control Certificate of Designation and Records Illegal Disposal Closure Plan Construction QA_QC Plan Implementation Construction QA_QC Report Composting Plan for Class IV and V D and O Plan Change 0 and O Plan Submission Duty to Comply Solid Waste User or Annual Fees Ground Water Monitoring Approved Waivers Personnel Training Contingency Plan Fire Protection Plan Recordkeeping Reporting Post -closure Care and Maintenance No Operation prior to Department Approval Financial Assurance Ground Water Monitoring Nuisance Conditions Control Nuisance Conditions Control Odor Control Pathogen Reduction Methodology Work pad Area Access Control_Signage_Perimeter Fence Stormwater_Leachate pond management Surface Water Control Waste Analysis,Acceptance,HW E Waste Analysis,Acceptance,HW Exclusion Waste Analysis,Acceptance,HW Exclusion Inspection Date: Inspector(s): ,.. rime In: I©o, Time Out: I :00 ` �4 Page 1 of 2 rxri 14.1.3(A) - (B); 14.7.1(K) x 31/4't V x. 1.3.3, 30-20-102 14.8 14.3.2(A) 14.3.2(C) 14.11 1.3.9 14.1.3(C); 14.10 1.3.5, 14.4 1.7.3,1.7.4 14.3.3(L) 1.5 14.3.3(J); 14.7.1(M) 14.3.3(G) 14.3.3(H) 14.7.1 14.7.3 14.9, 2.6.1 14.3.2(D) 1.8; 14.3.3(B); 14.7.1(1) 2.2.1(A); 2.2; 14.7.1(C) 2.1.3; 2.1.7; 2.1.11; 14.3.3(D) 14.3.3(D); 2.1.3; 2.1.7; 2.1.11 14.3.3(I) 14.3.3(K) 14.3.1(C) 14.3.3(E) -(F); 2.1.8 14.3.1(6)(6)-(7); 14.3.3(C) 14.3.1(B);14.3.3(C); 2.1.6; 2.1.10 14.5 14.2 N 1 u N !Y IY 'V From: Bruskin - CDPHE, Larry [mailto:larry.bruskin@state.co.us] Sent: Monday, February 24, 2014 8:31 AM To: Chad TeVelde <ctevelde@agpros.com>; James Potter <jim.potter@agenergyusa.com> Subject: Re: Here is the simple Change request 13 Chad - Please find attached CDPHE approval for Change Request 13. Also, I was out of the office the end of last, and I know you left a voicemail asking about how changes to the approved EDOP are handled, with respect to revising the document and keeping it current. Your thought was to revise the document at the end of construction, incorporating the changes made during construction. I agree with that - after construction is finished would be appropriate. You also correctly indicated that when the facility is built and is inspected, the inspectors will expect to see a revised EDOP that reflects actual features, operations, drawings, etc. Hope this helps - Larry Bruskin Lawrence J. Bruskin, P.E. Professional Engineer Solid Waste Permitting Unit Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division Colorado Department of Public Health & Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 303-692-3384 I Iarry.bruskin@state.co.us NOTE: As a public agency, the vast majority of our communications are public documents produced within the scope and course of our business. We don't want to create a false expectation of confidentiality in what are likely public documents. To the extent that our statutes protect the information we are sending, we are not giving up any argument regarding confidentiality by omitting the confidentiality language. EXHIBIT 31 From: Bruskin - CDPHE, Larry[mailto:larry.bruskinna,state.co.us] Sent: Friday, January 10, 2014 11:00 AM To: James Potter; Laura Kellogg; Marcy Kappen; Tom Haren Cc: Roger Doak - CDPHE Subject: Approval for Manure Slurry in the CAL Jim - The Division has reviewed the requirements of Change Request 11, relative to testing the Covered Anaerobic Lagoon (CAL) with clean water. Based on this review, along with the subsequent testing results showing that no water was encountered in the sump as determined through pumping during the 2 -day test period, the Division is satisfied that the requirements of Change Request 11 have been met. Therefore, the Division approves the request to add the manure slurry to the CAL as part of the microorganism colony development. Should you have any questions, please let me know. Larry Bruskin Lawrence J. Bruskin, P.E. Professional Engineer Solid Waste Permitting Unit Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division Colorado Department of Public Health & Environment 4300 Cherry Creek Drive South EXHIBIT 32 Denver, CO 80246-1530 303-692-3384 I larry.bruskinstate.co.us NOTE: As a public agency, the vast majority of our communications are public documents produced within the scope and course of our business. We don't want to create a false expectation of confidentiality in what are likely public documents. To the extent that our statutes protect the information we are sending, we are not giving up any argument regarding confidentiality by omitting the confidentiality language. Email Transmittal indicating that the Groundwater Monitoring Waiver was submitted to Weld County (Frissell) on October 3, 2016 From: Patricia Spaine To: 'Barbare -CDPHE, Heather' Cc 'Ben Frisselr; 'Doug Ikenberry - CDPHE; 'Ralph Daley'; 'Cheryl Hainich'; 'Jason Thomas' Subject Response to letter dated August 10, 2016; "Comments 2015 Groundwater Monitoring Report"; Heartland Biogas, LLC Facility Sent Wed 10/5/2016 1:04 PM Message I GW Monitoring Waiver Request FINAL certified Mail.pdf (8 MB) Dear Ms. Barbare: Attached please find the formal response to the 2015 EDF Groundwater Monitoring Report Comments and a request for a meeting. We have also listed some project re -assignments within the Heartland Team. A hard copy is being sent by certified mail today. Should you have any questions or clarifications, please do not hesitate to contact me. Warm regards, 7zca4 Sotaiae Patricia A. Spain, P.E. Regulatory & Agronomy Coordinator AGPROfessionals 3050 67th Avenue, Suite 20D Greeley, CO 80634 303-358-2807 mobile 970-535-9318 office 970-535-9854 fax www.agpros.com 111 DEVELOPERS OF AGRICULTURE AGPROfessionais EXHIBIT 33 -4gEARTLAND biogas project 19179 WCR 49 LaSalle, CO 80645 CERTIFIED MAIL: 9414 8118 9956 4869 4990 04 October 5, 2016 Ms. Heather Barbare, CHMM Environmental Protection Specialist Solid Waste Permitting Unit Hazardous Materials and Waste Management Division Colorado Department of Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Subject: Response to letter dated August 10, 2016; "Comments 2015 Groundwater Monitoring Report"; Heartland Biogas, LLC Facility Dear Ms. Barbare: We agree that the groundwater program has not fully achieved all the parameters set forth in 6 CCR 1007-2, Part 1, Appendix B. Since the initial geological investigations in 2009, Heartland has tirelessly searched for a definable aquifer to monitor beneath the biogas site in LaSalle. We have advanced seventeen (17) borings and seven (7) monitoring wells in the past 9 years. This has provided a dense coverage to understand the geology and hydrogeology of the site. Fourteen (14) of the drillings were advanced into the Pierre Shale lying underneath the Laramie- Fox Hills zone. The Heartland site is situated within the partially saturate region of the Laramie — Fox Hill aquifer according to the USGS Hydrologic Atlas. It is an area that has discontinuous perched aquifers, as well. We have not been able to find a saturated zone to monitor that will provide sufficient water to generate representative samples for chemical analyses or a venue for leak detection assessment. The site is ideally located for a solid waste processing facility since it has no consistent, shallow groundwater feature and the thick Pierre Shale layer protects any lower aquifers. For these reasons, we are submitting a request for Waiver of Groundwater Monitoring according to 6CCR 1007-2, Part 1. The required technical assessment report is attached. We would like to schedule a meeting in your offices at your convenience to discuss the waiver request. In addition, we are attaching a letter report documenting the two additional wells that were installed this summer. Our 2016 groundwater report is in preparation, we will have preliminary data available for the meeting. www.edf-re.com -IEARTLAND biogas project 19179 WCR 49 LaSalle, CO 80645 We have undergone staffing reallocation, please address future correspondence to me: Mr. Jason Thomas Plant Manager Heartland Biogas, LLC. 19179 Weld County Road 49 LaSalle, CO 80645 Provide e -copies to: Mr. Jason Thomas Jason.Thomas@edf-re.com Ms. Cheryl Hainich, Health Safety and Environmental Specialist, Cheryl . H aini chAed f -re. corn Mr. Ralph Daley, Vice President, EDF Renewable Energy, Ralph.Daley@edf- re.com Ms. Patricia Spaine, P.E., AGPROfessionals, pspaine@agpros.com Please remove all others from the correspondence list (i.e. Skelton, Yost, Kellogg, Potter, etc.) We look forward to meeting with you. If you have any questions regarding the attached documents, please do not hesitate to contact me, (970) 515-7396. Regards, JaLn Thomas 41 Plant Manager Attachments: Waiver Request Well Installation Report e CC: Mr. David Snapp, CDPHE Mr. Ben Frisell, Weld County Mr. Doug Ikenberry, P.E., CDPHE Ms. Cheryl Hainich, Health Safety and Environmental Specialist, Cheryl.Hainich@edf-re.com Mr. Ralph Daley, Vice President, EDF Renewable Energy, Ralph.Daley@edf-re.com Ms. Patricia Spaine, P.E., AGPROfessionals, pspaine@agpros.com www.edf-re.com Heartland Biogas, LLC Waiver Request from Groundwater Monitoring Prepared by: AGPROfessionals DEVELOPERS OF AGRICULTURE 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 October 2016 Heartland Groundwater Monitoring Waiver Request October 2016 Page 2 of 10 Introduction Per 6 CCR 1007-2, Part 1, Regulations Pertaining to Solid Waste Sites and Facilities and Appendix B of the Regulations; Heartland Biogas, LLC requests the requirements for ground water monitoring at the site be waived. The following is a technical evaluation based on natural geologic conditions from reference manuals, as well as, site specific data, and certified by Patricia A. Spaine, P.E., a groundwater professional. Ms. Spaine has a Masters of Civil Engineering in Water Resources from N.C. State University and has practiced in the field of environmental engineering for 40 years. She completed the Groundwater Hydrology course at the U.S. Army Corps of Engineers, Hydrologic Engineering Center at Davis, CA and completed graduate level coursework at Colorado State University in groundwater hydrology, contaminant transport, groundwater modeling, water quality, and solid waste management. She managed an analytical chemistry laboratory. She authored the first comprehensive report on groundwater contamination at Rocky Mountain Arsenal (Citation: Regional Groundwater Study of Rocky Mountain Arsenal, Denver, Colorado. Report 2, Contaminant Distribution; Author: Spaine, Patricia A.; Publication Information: Vicksburg, MS: U.S. Army Engineer Waterways Experiment Station, 1984. Technical Report; GL -82-6 rept.2. She is a registered professional engineer in Colorado. O 0 I 19417 l� • NkMAL 0444--7. Patricia Ann Spaine, P.E. Colorado Professional Engineer Registration #19417 Heartland Groundwater Monitoring Waiver Request October 2016 Page 3 of 10 Hydrogeologic Setting The Heartland Biogas Facility (the Site) is located in Weld County, Colorado. The property when undeveloped had some undulations in topography with some isolated depressions, but trended in slope from elevation 4850 feet above mean sea level (amsl) to 4800 amsl from southeast to northwest. The Site drains mostly to the northwest towards the Gilmore Ditch. The Gilmore Ditch prevents run off to the west. The South Platte River trends southwest to northeast and lies approximately 7 miles from the property. The South Platte River at this position is approximately 4650 msl. Figure 1 is the Regional Vicinity and Topographic map. Figure 2 is the Pre -Construction surveyed topographic map. Figure 1. Regional Vicinity and Topographic Map Heartland Groundwater Monitoring Waiver Request October 2016 Page 4 of 10 The Site is located in the 7,000 square mile Denver Basin. The primary groundwater source in the area is the Cretaceous -aged Laramie -Fox Hills Aquifer of the Upper Cretaceous Series which is the lowermost aquifer in the basin. The aquifer is confined in the central part and contains water only near outcrops. The Denver Basin aquifer system is not well connected to other major aquifers. From east of Greeley, the alluvium along the South Platte River is an ancestral valley eroded into Pierre Shale and thus hydraulically isolated from the Denver Basin aquifer system. Shallow, discontinuous surficial aquifers overlie parts of the Denver Basin aquifer system in this region. Figures 3, 4 and 5 are taken from the USGS Hydrologic Atlas. Figure 81. Formations containing the Denver Basin aquifers occupy the upper part of an asymmetrical bowl - shaped basin. The lines of the suctions are shown in figure 80. e FEET 7,500 6.500 5.500 4,500 3,500 Colorado �s 1 Figure 2. Site Topographic Map VERTICAL SCr1L.! GREATLY EXN3GEMT!D ModWI 1 from Ro4svw, t$7 Castle Rock Conplanwrate 0 10 20 30 MILES . 0 10 20 30 KILOMETERS DATUM IS SEA LEVEL Heartland Swath Plana fitter Cnolley Figure 3. Cross Sections of Denver Basin Aquifers (Reference: USGS Hydrologic Atlas, HA 730-C) Heartland Groundwater Monitoring Waiver Request October 2016 Page 5 of 10 The Denver Basin has a semi -arid climate in which potential annual evaporation is about five times larger than annual precipitation. Most precipitation runs off in streams, is evaporated from the soil surface, or consumed by vegetation. The shale in the upper part of the Laramie Formation is thick, relatively impermeable, and aerially extensive; water generally does not move vertically across this confining unit even if water -level differences exist. Depth to groundwater in the general vicinity of the Site ranges from 0 to 70 feet. PRECIPITATION i GROUND -WATER LEVEL •\,ALLUVIAL AQUIFERS • OVERLYING AOw ER SHALY UPPER PART OF LARAMIEFORMAT ION PIERRE SHALE EXPLANATION — �► GENERAL DIRECTION OF WATER MOVEMENT OUTCROP AREA LUVLAL A4UIFERS Not to soda FIGURE 7. —DIAGRAM OF GROUND -WATER MOVEMENT Figure 4. Laramie -Fox Hill Groundwater Movement (Reference: USGS Hydrologic Atlas, HA 650) Figure 5 shows the water elevation and configuration of the Laramie -Fox Hills formation. The Site lies on the fringe area that is partially saturated according to this USGS map. Heartland Groundwater Monitoring Waiver Request October 2016 Page 6 of 10 FIGURE 3 -MAP SHOWING ELEVATKN AND CONFIGURATION OF THE SASE Or THE AQUIFER Heartland ter. -Ut Ir NVER-1 - • .i . I. • ^ y� E1maNA7IGM .0.11O4Wf 5NfiEA1 WIDa• - - WtTnR':iaf/:iMAW. TOP t a alM110HOFT1ETO► Of n1E:wenAaHMus MUM tome* rr rl tar lot PPee..t GetakK Veit/ Boa*, 1919 • OM POINT em IIONOIR motfx fK td' OF THE 1PRO E,FOF;ILLS Ap4112 — ,PPROONITI LW OF "RE EASE Of THELM4ME.FOR HIla-1 AMMO ---- LAOLa SAM OW F1GLME 5 -MAP SHOWING ELEVATION AND CDtr1GUMTIO I OF THE. TOP OF THE LARAMIE FOX HGLS • w` Figure 5. Laramie -Fox Hill Elevation (Reference: USGS Hydrologic Atlas, HA 650) Heartland Groundwater Monitoring Waiver Request October 2016 Page 7 of 10 In summary, the USGS references indicate that the Site resides in an area underlain by the partially saturated Laramie — Fox Hills aquifer which is the bottom most aquifer in the Denver Basin and below it is impermeable layers of clay, claystone and sandstone. The precipitation in the immediate area contributes little to the aquifer. Irrigation withdrawals and applications play a large role in where and when groundwater is encountered in this area. Borings and wells that were advanced on the Site confirm that there is no consistently saturated layer below the site and only transitionally is water found in the wells installed on the site. The site specific discovery, found in the boring logs and eight years of monitoring data, is presented below. Borings and Wells Five separate geological investigations have taken place on the Site; two pre -construction geotechnical investigations were conducted by Soilogic prior to site construction and three separate series of well installations. The Preliminary Geotechnical Report by Soilogic was conducted in February 2009 and reported the advancement of six soil borings to 25 feet below grade and are located in the proximity of the present day Covered Anaerobic Lagoon (CAL) and Digesters Area, and are represented by Al through A6 on Figure 6. These borings were part of an engineering design geotechnical investigation. No groundwater was encountered at the time of drilling. The report, signed and stamped by a local Colorado registered professional engineer thoroughly familiar with the region, states "groundwater levels will vary seasonally and over time based on weather conditions, site development, irrigation practices and other hydrologic conditions. Perched groundwater conditions may also be encountered at times throughout the year. Perched water is commonly encountered in soils overlying less permeable soil layers and/or bedrock. The location and amount of perched water can also vary over time." The second Geotechnical Subsurface Investigation by Soilogic was conducted February 2013, and reported eleven borings advanced to between 25 and 45 feet below grade. These borings were placed in the production area, including the North and South Ponds area. These borings are represented by B1 through B11 on Figure 6. Groundwater was measure at depths ranging from approximately 33 to 36 below grade at locations B9, Bl0 and B11 approximately 24 hours after completion of drilling. No water was found in the other borings. Likewise, as in the initial investigation, the subsurface materials encountered in the borings consisted of a thin mantle of topsoil/vegetation, underlain by silty sand and a conglomerate of sandy lean clay and clayey sand extending to depths of 18 to 29 feet below grade. Borings B3, B4, B5 and B8 terminated in this layer at approximately 25 feet below grade. All other borings were terminated in the underlying claystone with siltstone/sandstone bedrock. Heartland Groundwater Monitoring Waiver Request October 2016 Page 8 of 10 Seven monitoring wells have been placed at the Site. Three wells were placed in August 2009 in a southeast to northwest trending orientation to establish background conditions at the Site. MW 3 was placed upgradient of the production area in the southeast corner of the site. MW 1 and 2 were placed in assumed downgradient positions. No water was encountered in MW 1 or MW 3 at the time of drilling. At MW 2, water was encountered at approximately 44 feet below grade at the elevation of weathered sandstone. MW 1 and MW 3 were either dry or bailed dry with de minimus recovery water in the first year of monitoring. MW 2 typically has sufficient water. Initial static conditions indicated that the potentiometric surface may have a more west northwest orientation. Therefore, Wells MW 4 and 5 were installed in March of 2010 to further define the groundwater conditions at the site. MW 4 had water at approximately 31.5 feet below grade at the elevations within claystone and MW 5 had no water. Both wells are often times dry or bailed dry without sufficient recovery for representative sampling. All five wells were advanced well into the clay and bedrock layer in attempts to find a truly saturated zone. In 2016, two more wells were installed as proposed in the 2015 groundwater report. These were located in the northeast (PZ 1) and southwest (PZ 2) corners of the Site to provide broader coverage in search of the groundwater conditions. Water was encountered at 33.5 feet below grade in PZ 1 at an elevation in a second stiff clay layer. Water was also encountered at 53 feet below grade in PZ 2 at an elevation in a second stiff clay layer. MW 2 is the only well that consistently contains water at an elevation within the silty sand / clayey sand zone. All other wells have static water levels at elevations below the confining clay zone and can oftentimes be bailed dry. This provides strong indication that water is collecting in the tails of the well below the confining layer. This is stagnant water and not free flowing water. An investigation of the clay layer elevations was undertaken. All five field investigations were used to plot the contours of the confining clay layer in Figure 6. All depth references from boring logs have been converted to elevations in feet above mean sea level (amsl). Figure 6 indicates that subsurface water flows along the clay layer and collects on site at MW2 which is fully thirty feet lower in elevation than the clay layer in any other boing location on Site. Heartland Groundwater Monitoring Waiver Request October 2016 Page 9 of 10 Figure 6. - Confining Clay Contours 0 CL -4775 7' 0 Hv-5 CL -4792.6' 300 LEGEND D. PIEZOMETER O MONITORING WELL - BORING HOLE 8-1 CL -47878' 'HV-2 OCL-4757.6' /,'8-3 ( CL -(4785.3. ,nom 47.0 <ew �.e:07 . B-6 CL -4813.r PZ-c' CL- 4815.b. B-2 CL -4796.5' <f N A-6 CL-<. 7E9.3 B-7 CL -' 7934' 45- A-4 CL -47971 <m PZ-1 CL -45S3.0- ▪ -▪ A-1 CL - 4805.3' B-4 CL -4818.0 I I 8-5 -7 CL -48:89' I�- 2 CL -48178' `7k' 4 CL -4506 0' - ' A-3 CL -48170' 8-B CL -(4799.2' O ,,;_3 CL -48075' CLAY LAYER WITH 4 REPRESENTS BORING LOCATION THAT DID NOT REACH CLAY LAYER mi,11 11G PROfess,onals HEARTLAND BIOGAS. LLC BORING LOCATIONS AND CLAY LAYER DATE: 9/1/16 3050 67th Avenue. Suite 200. Greeley- CO B0634 SCALE: (970)535-9318 • fax: (9701535.9854 ELEVATIONS 1"=300' Heartland Groundwater Monitoring Waiver Request October 2016 Page 10 of 10 Conclusion The facility has filed boring reports and well installation reports to indicate the positions, depths and layers of soil types and screened intervals. Groundwater elevation monitoring was conducted and reported since 2009 to establish baseline conditions. Water Elevation Data Summaries are in Table 1 of Appendix A. Initial requirements were that groundwater be monitored for two (2) years. The site was idle in 2013 during change in ownership. No samples were taken in 2013. Evaluating these data in total, it can be concluded that the water found in the wells is transitional and has occurred only when sufficient water enters the site to direct flow into the bored well holes extending into the clay layers. It is likely irrigation induced. There is no free flowing saturated groundwater layer underlying the Site. Water found in all wells except for MW 2 can be assumed to be stagnant water since it is sitting in well tail ends at elevations below the top clay zone and thus not representative of a continuous water table aquifer nor considered representative by water quality monitoring practices. During sampling events, there were consistently dry holes or insufficient water (less than three standing volumes of purge water) and no timely recharge to obtain what is considered to be representative samples by water quality standards of practice. Samples were analyzed and reported for water quality purposes with the understanding that background trends were attempting to be established for elevations and water quality. Records over the past seven years lead to the conclusion that here is insufficient water flowing consistently beneath the site to utilize a network of "groundwater" wells for leak detection monitoring or the performance of the facility. Recommendation: Alternate Method of Leak Detection The Heartland facility is in an ideal location for a Solid Waste facility as it appears there is little to no groundwater directly below the site and the Laramie -Fox Hills formation is known to be underlain with a Pierre Shale Bedrock. Therefore, Heartland BioGas, LLC proposes to utilize the custom — designed Leak Detection Systems already in place under the digesters and ponds and the procedures in the approved EDOP to monitor for leaks. This provides for immediate detection and is a more reliable measurement than ground water quality trends. APPENDIX A Table 1 TABLE 1 SUMMARY OF GROUNDWATER ELEVATIONS Heartland BioGas, LLC WELD COUNTY, COLORADO Well Top of Casing Screen Interval Screen Interval Depth to Water Total Depth Water Water in Bottom Clay Identification Date Elevation Elevation Elevate casing of Well (ft Layer (ft No. (ft amsl) Top (ft amsl) Bottom (ft amsl) (ft below TOC) (ft below TOC) (ft amsl) on n (ft) amsl ) l amsl) MW -1 9/17/2009 4806.10 4793.50 4773.50 32.10 32.6 4774.00 0.5 4773.5 4779.8 11/23/2009 31.93 32.6 4774.17 0.17 0.7 4773.5 4779.8 1/5/2010 32.13 32.6 4773.97 -0.20 0.5 4773.5 4779.8 3/22/2010 32.28 32.6 4773.82 -0.15 0.3 4773.5 4779.8 5/18/2010 32.56 32.6 4773.54 -0.28 0.0 4773.5 4779.8 7/20/2010 32.43 32.6 4773.67 0.13 0.2 4773.5 4779.8 9/22/2010 32.41 32.6 4773.69 0.02 0.2 4773.5 4779.8 11/22/2010 32.35 32.6 4773.75 0.06 0.3 4773.5 4779.8 3/16/2011 32.43 32.6 4773.67 -0.08 0.2 4773.5 4779.8 7/20/2011 Dry 4773.50 4773.5 4779.8 9/16/2011 Dry 4773.50 4773.5 4779.8 11/28/2012 Dry 4773.50 4773.5 4779.8 No monitoring in 2013 7/31/2014 9/30/2014 5/7/2015 31.36 31.20 31.60 32.6 32.5 32.6 4774.74 4774.90 4774.50 1.07 0.16 -0.40 1.2 1.3 1.0 Notes: Original requirements were that the site be monitored for at least two years prior to start up in order to establish background conditions in the groundwater. The site was idle during 2013 when the project was changing ownership Screened in 14 feet Sand and 6 feet Clay 4780.4 4779.4 4778.4 4777.4 4776.4 4775.4 4774.4 4773.4 MW -1 Historical GW Measurements O, 0 O oNI .-IN N M MMI c c .n O O O O O N NI NI NI O NI O 0 O O O O O O \ \1. \ ▪ 1. ▪ ..n \ M • N In. nu • V O CO .+ V n.- \ Q O1 N —4--Water Elevation (ft amsl) —Bottom of well (ft amsl) Clay Layer (ft amsi) 4773.5 4773.5 4773.5 4779.8 4779.8 4779.8 TABLE 1 SUMMARY OF GROUNDWATER ELEVATIONS Heartland BioGas, LLC WELD COUNTY, COLORADO Well Identification No. Date Top of Casing Elevation (ft amsl) Screen Interval Top (ft amsl) Screen Interval Bottom (ft amsl) Depth to Water (ft below TOC) Total Depth (ft below TOC) Water Elevation (ft amsl) Elevati on A Water in casing (ft) Bottom of Well (ft amsl) Clay Layer (ft amsl) MW -2 9/17/2009 4814.08 4776.98 4756.98 32.40 11/23/2009 32.43 1/5/2010 32.52 3/22/2010 32.67 5/18/2010 32.95 7/20/2010 32.95 9/22/2010 33.04 11/22/2010 33.24 3/16/2011 33.12 7/20/2011 33.26 9/16/2011 33.30 11/28/2012 33.90 No monitoring in 2013 7/31/2014 9/30/2014 5/7/2015 37.61 37.35 36.88 55.0 57.5 57.1 4781.68 4781.65 4781.56 4781.41 4781.13 4781.13 4781.04 4780.84 4780.96 4780.82 4780.78 4780.18 4776.47 4776.73 4777.20 -0.03 -0.09 -0.15 -0.28 0.00 -0.09 -0.20 0.12 -0.14 -0.04 -0.60 -3.71 0.26 0.47 17.39 20.15 20.22 Notes: Original requirements were that the site be monitored for at least two years prior to start up in order to establish background conditions in the groundwater. The site was idle during 2013 when the project was changing ownership Screened in 15 feet Sand and S feet Clay MW -2 Historical GW Measurements 4787 4782 4777 4772 4767 4762 4757 Q O C O .+ .+ n n) m m c v .n O O 0 0 O O 0 0 O C O 0 0 O r r r en en e C� - N .I O en m `+ 40 `n , CA N —4-- Water Elevation Ift amsll --Bottom of Well (ft amsl) Clay Layer (ft ems') 4756.98 4757.0 4757.0 4757.0 4757.0 4757.0 4757.0 4757.0 4757.0 4757.0 4757.0 4757.0 4757.0 4757.0 4757.0 4761.1 4761.1 4761.1 4761.1 4761.1 4761.1 4761.1 4761.1 4761.1 4761.1 4761.1 4761.1 4761.1 4761.1 4761.1 TABLE 1 SUMMARY OF GROUNDWATER ELEVATIONS Heartland BioGas, LLC WELD COUNTY, COLORADO Well Identification Date Top of Casing Elevation Screen Interval Top Screen Interval Bottom(ft Depth to Water (ft below Total Depth (ft below Water Elevation Elevati Water in casing Bottom of Well (ft Clay Layer (ft No. (ft amsl) (ft amsi) amsl) TOC) TOC) (ft amsi) on A (ft) amsl) amsi) MW -3 9/17/2009 4834.00 4821.7 4801.7 32.20 32.3 4801.80 0.10 4801.70 4808.66 11/23/2009 31.93 32.3 4802.07 0.27 0.37 4801.7 4808.66 1/5/2010 32.14 32.3 4801.86 -0.21 0.16 4801.7 4808.66 3/22/2010 32.19 32.3 4801.81 -0.05 0.11 4801.7 4808.66 5/18/2010 Dry 32.3 4801.70 4801.7 4808.66 7/20/2010 32.19 32.3 4801.81 0.11 4801.7 4808.66 9/22/2010 30.81 32.3 4803.19 1.38 1.49 4801.7 4808.66 11/22/2010 30.49 32.3 4803.51 0.32 1.81 4801.7 4808.66 3/16/2011 30.88 32.3 4803.12 -0.39 1.42 4801.7 4808.66 7/20/2011 31.31 32.3 4802.69 -0.43 0.99 4801.7 4808.66 9/16/2011 31.46 32.3 4802.54 -0.15 0.84 4801.7 4808.66 11/28/2012 Dry 32.3 4801.70 4801.7 4808.66 No monitoring in 2013 7/31/2014 9/30/2014 5/7/2015 29.83 27.88 28.50 32.3 32.3 32.3 4804.17 4806.12 4805.50 2.47 4801.7 4808.66 1.95 4.42 4801.7 4808.66 -0.62 3.80 4801.7 4808.66 Notes: Original requirements were that the site be monitored for at least two years prior to start up in order to establish background conditions in the groundwater. The site was idle during 2013 when the project was changing ownership Screened in 13 feet Sand and 7 feet Clay 4808.4 4807.4 4806.4 4805.4 4804.4 4803.4 4802.4 4801.4 MW -3 Historical GW Measurements 0 O O O v -I N N M M C O O O G C C C O O • . u 0 N N N 0 M • W ▪ . • D O --C—Water Elevation (ft amsl) -Bottom of Well (ft amsl) Clay Layer (ft amsi) TABLE 1 SUMMARY OF GROUNDWATER ELEVATIONS Heartland BioGas, LLC WELD COUNTY, COLORADO Well Identification Date Top of Casing Screen Interval Screen Interval Depth to Water Total Depth Water Elevation Elevati Water in casing Bottom of Well (ft Clay Layer (ft No. Elevation (ft amsl) Top (ft amsi) Bottom (ft amsl) (ft below TOC) (ft below TOC) (ft amsl) on A (ft) amsl) amsl) MW -4 5/18/2010 4827.19 4807.69 4792.69 30.30 34.5 4796.89 4.2 4792.69 4806.71 7/20/2010 30.43 34.5 4796.76 -0.13 4.1 4792.69 4806.71 9/22/2010 30.22 34.5 4796.97 0.21 4.3 4792.69 4806.71 11/22/2010 30.10 34.5 4797.09 0.12 4.4 4792.69 4806.71 3/16/2011 29.88 34.5 4797.31 0.22 4.6 4792.69 4806.71 5/31/2011 29.96 34.5 4797.23 -0.08 4.5 4792.69 4806.71 7/20/2011 30.00 34.5 4797.19 -0.04 4.5 4792.69 4806.71 9/16/2011 30.10 34.5 4797.09 -0.10 4.4 4792.69 4806.71 11/28/2012 30.80 34.5 4796.39 -0.70 3.7 4792.69 4806.71 No monitoring in 2013 7/31/2014 28.92 34.5 4798.27 1.88 5.58 4792.69 4806.71 9/30/2014 27.77 34.5 4799.42 1.15 6.73 4792.69 4806.71 5/7/2015 28.02 34.5 4799.17 -0.25 6.48 4792.69 4806.71 Notes: Original requirements were that the site be monitored for at least two years prior to start up in order to establish background conditions in the groundwater. The site was idle during 2013 when the project was changing ownership MW -4 Historical GW Measurements 4806.68 4804.68 4802.68 4800.68 4798.68 4796.68 4794.68 4792.68 O C N N M en O Q C N O 0 O O O O O C O O O O O - 0 en to O t CO .+ �D V N N N U▪ l --6—water Elevation (ft amyl) Bottom of Well (ft amsi) -Clay Layer (ft amsi) TABLE 1 SUMMARY OF GROUNDWATER ELEVATIONS Heartland BioGas, LLC WELD COUNTY, COLORADO Well Identification No. Date Top of Casing Elevation (ft amsl) Screen Interval Top (ft amsl) Screen Interval Bottom(ft amsl) Depth to Water (ft below TOC) Total Depth (ft below TOC) Water Elevation (ft amsl) Elevati on A Water in casing (ft) Bottom of Well (ft amsl) Clay Layer (ft amsl) MW -5 5/18/2010 4821.98 4789.18 4774.18 44.67 47.8 4777.31 3.13 4774.18 4792.77 7/20/2010 44.53 47.8 4777.45 0.14 3.27 4774.18 4792.77 9/22/2010 44.81 47.8 4777.17 -0.28 2.99 4774.18 4792.77 11/22/2010 45.08 47.8 4776.90 -0.27 2.72 4774.18 4792.77 3/16/2011 44.98 47.8 4777.00 0.10 2.82 4774.18 4792.77 5/31/2011 45.03 47.8 4776.95 -0.05 2.77 4774.18 4792.77 7/20/2011 Dry 47.8 4774.18 4774.18 4792.77 9/16/2011 Dry 47.8 4774.18 4774.18 4792.77 11/28/2012 45.60 47.8 4776.38 2.2 4774.18 4792.77 No monitoring in 2013 7/31/2014 45.32 47.6 4776.66 0.28 2.28 4774.18 4792.77 9/30/2014 43.00 47.8 4778.98 2.32 4.80 4774,18 4792.77 5/7/2015 44.30 47.8 4777.68 -1.30 3.50 4774.18 4792.77 Notes: Original requirements were that the site be monitored for at least two years prior to start up in order to establish background conditions in the groundwater. The site was idle during 2013 when the project was changing ownership Screened in 0 foot Sand and 20 feet Clay... screen starts 3.5 feet into clay layer MW -5 Historical GW Measurements 4792 4790 4788 4786 4784 4782 4780 4778 4776 4774 0 0 - ry ▪ ry m m Q v Lon 0 0 ▪ 0 C 0 0 0 0 0 0 ` C O vii 0 M JG ti '.O - ▪ C 0 r n • t• \ —0—Water Elevation (ft amsll —.-,,Bottom of Weil (ft amsll —Clay Layer (ft amsli TABLE 1 SUMMARY OF GROUNDWATER ELEVATIONS Heartland BioGas, LLC WELD COUNTY, COLORADO Well Identification No. Date Top of Casing Elevation (ft amsl) Screen Interval Top (ft amsi) Screen Interval Bottom (ft amsl) Depth to Water (ft below TOC) Total Depth (ft below TOC) Water Elevation (ft amsl) Elevati on Water in casing (ft) Bottom of Well (ft amsl) Clay Layer (ft amsl) PZ-1 6/22/2016 4823.47 4787.87 4767.87 27.17 PZ-2 6/22/2016 4844.11 4801.51 4781.51 41.59 Notes: PZ 1 screened in 9 ft Sand and 11 ft Clay PZ 2 screened in 2.5 ft Sand and 17.5 ft Clay 4796.30 4767.87 4797.37 4802.52 4780.51 4819.05 AGPROfessionals DEVELOPERS OF ACRICUL:C'URE July 7, 2016 Mr. Ralph Daley EDF Renewable Energy 1925 Isaac Newton Square, Suite 280 Reston, VA 20190 Re: Piezometer Installation Heartland Biogas, LLC Project AGPRO Project #1508-07-01 Dear Mr. Daley: AGPROfessionals is pleased to provide this letter report for the Heartland Biogas Facility located at 19179 WCR 49, LaSalle, Weld County, Colorado (Site). AGPROfessionals installed and developed two groundwater piezometers at the Site on June 15 and June 16, 2016. Attached are boring logs, piezometer construction diagrams, and a well location map that further documents the installation of the piezometers. The piezometers' top of casing and well pad (ground surface) elevations were surveyed to be incorporated into the existing groundwater monitoring program. We appreciate the opportunity to provide services to EDF Renewable Energy. Please contact us if you have any questions or concerns regarding this letter report. Regards, .1/5„__)14.4 Chris Skelton, P.G. Senior Geologist Attachments: Soil Boring Logs Piezometer Construction Diagrams Figure 1 — Well Location Map Piezometer elevation survey — Hammer Surveying ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 6r Avenue, Suite 200, Greeley Colorado 970.535.9318 / office 1970.535.9854 / fax 1 www.a2pros.com - AGPROfessionals DEVELOPERS OF AGR1CliLTURE 3050 67th Avenue, Suite 200 Greeley, CO 80634 LOG OF BORING NO. PZ-1 Project Name: Heartland Biogas Piezometer Installation Location: Northeast corner of Facility Job Number: 1508-07-01 Page 1 of 2 Depth, feet Samples L Bulk Samples Penetration, blows/foot In -Situ Dry Weight (pcf) In -Situ Moisture Content (%) N Surface Elevation: ci J Z y � .'m_ L Location: SE Y of Section 25 T4N R65W .N Q a N N a O Surface Description: Sandy 4 MATERIAL DESCRIPTION _ _ SAND (SP) fine to coarse grained, moist, loose 5 _ 2/3/3 SAND (SP) - 7.5 YR 4/6 Strong Brown, fine to coarse grained, moist, loose - 10 -'718/13 - 7.5 YR 5/6 Strong Brown, fine to medium grained, moist, medium dense 5/8/11 - 7.5 YR 4/6 Strong Brown, fine grained, moist, medium dense 15 • _ _✓ J< ` - 20 - 4/7/13 Silty SAND (SM) _ _ _ - 7.5 YR 4/4 Brown, mostly fine grained, moist, loose 517/11 CLAY (CL) - 7.5 YR 4/6 Strong Brown with white streaks, moist, very stiff - 25_ 30 �� 6/8/11 - 7.5 YR 5/3 Brown, moist, very stiff SAND (SP) 5 YR 4/6 Yellowish Red Sand with trace tine gravel Completion Depth: 52 feet Driller: Drilling Engineers, Inc Date Started: 6/15/16 Drill Method: CME 75 rigged with 8' Hollow -stem auger Date Completed: 6/16/16 Sample Method: CA SS -modified Logged By: C. Skelton Borehole Diameter: 8 inches Checked By: C. Skelton Groundwater Encountered at 33)' feet bgs AGPROfessionals DEVELOPERS 3050 67th Greeley, OF AGRICULTURE Avenue, Suite 200 CO 80634 LOG OF BORING NO. PZ-1 Project Name: Heartland Biogas Piezometer Installation Location: Northeast corner of Facility Job Number: 1508-07-01 Page 2 of 2 o a m Samples _m a ra cn . ' m ,_ Penetration, btowslfott In -Situ Dry Weight (pcf) In -Situ Moisture Content (%) 0 o N a, Surface Elevation: D y .,m_' a Location: SE'/, of Section 25 T4N R65W N E a O Surface Description: Sandy MATERIAL DESCRIPTION REMARKS - - _ _ t 416/13 27/9/11 SQ / 5" It CLAY (CL) SAND (SP) 5 YR 4/6 Sand with trace fine gravel CLAY (CL) - 7.5 YR 5/3 Brown, moist, stiff, trace of fine sand - grades to sandy CLAY -35X4/6/9 - _ - 40 _ _ _ _ _ X SAND (SP) - 5 YR 4/4 Reddish Brown, fine to coarse grained, wet, medium dense, some fine gravel 45 .X _ _ _ CLAY (CL) - 7.5 YR 6/3 Light Brown, moist, stiff, iron -staining Terminated Drilling at 52 feet bgs -50 - 55 - -60- Boring terminated at 52 feet. Groundwater was encountered at 33/ feet bgs. 'Boring completed as piezometer. Completion Depth: 52 feet Date Started: 6/15/16 Date Completed: 6/16/16 Logged By: C. Skelton Checked By: C. Skelton Driller: Drilling Engineers, Inc Drill Method: CME 75 rigged with 8" Hollow -stern auger Sample Method: CA SS -modified Borehole Diameter: 6 inches Groundwater Encountered at 33Y feet bgs AGPROfessiona1s ■ DEVELOPERS OF AGRICULTURE 3050 67th Avenue, Suite 200 Greeley, CO 80634 LOG OF BORING NO. PZ-2 Project Name: Heartland Biogas Piezometer Installation Location: Southwest corner of Facility Job Number: 1508-07-01 Page 1 of 2 Depth. feet Samples Bulk Samples Penetration, blows/foot In -Situ Dry weight (pcf) In -Situ Moisture Content (%) % Passing No. 200 Sieve Graphic Log 1 Surface Elevation: Location: SE'/, of Section 25 T4N R65W Surface Description: Native grass MATERIAL DESCRIPTION - SAND (SP) $ 2J4/4 - 7.5 YR 5/6 Strong Brown, fine grained, moist, loose ^ 10 SAND (SP)• - _ 2/2/3 - 7.5 YR 5/6 Strong Brown, tine grained, moist, loose SAND (SP) 15 _ 2/3/3 - 7.5 YR 5/6 Strong Brown, fine grained, moist, loose SAND (SP) 20 2/4/6 7.5 YR 6!4 Light Brown, fine grained, moist, loose SAND (SP) -25^ ..ix 7/10/14 - 7.5 YR 6/4 Light Brown, fine grained, moist, medium dense - 30^ CLAY (CL) _ _ 6/8/15 - 7.5 YR 5/3 Brown, trace of sand, trace organics, moist, very stiff Completion Depth: 60 feet Driller: Drilling Engineers, Inc Date Started: 6/15/16 Drill Method: CME 75 rigged with 8" Hollow -stern auger Date Completed: 6/16/16 Sample Method: CA SS -modified Logged By: C. Skelton Borehole Diameter: 8 inches Checked By: C. Skelton Groundwater Encountered at 53 feet bgs AGPROfesszonals DEVELOPERS OF AC RICUUJUAGRICULTURE 3050 67th Avenue, Suite 200 Greeley, CO 80634 LOG OF BORING NO. PZ-2 Project Name: Heartland Biogas Piezometer Installation Location: Southwest corner of Facility Job Number: 1508-07-01 Page 2 of 2 Depth, feet cu u) Bulk Samples Penetration, blows/foot In -Situ Dry Weight (pcf) In -Situ Moisture Content r/o) 70 Passing No_ 200 Sieve Surface Elevation: J a Location: SE l of Section 25 T4N R65W 2 O Surface Description: Native grass MATERIAL DESCRIPTION REMARKS _ _ - thin sand seam I strongly cemented CLAY (CL) - 7.5 YR 5/2 Brown,moist, mottled, hard 35 _ - 50/6 40 _ 45 17/43/50 clayey SILT (ML) - 7.5 YR 5/2 Brown,moist, mottled, hard CLAY (CL) - 7.5 YR 5/2 Brown,moist, strongly mottled, hard, trace organics, thin weathered coal seam _ _ - 8/13/19 clayey SILT (ML) - 7.5 YR 5/2 Brown,moist, mottled, hard - groundwater encountered at 53 ' bgs sandy SILT (ML) - 7.5 YR 5/2 Brown,moist, very dense clayey SILT (ML) - 7.5 YR 5/2 Brown,moist, hard 50 _ - 12/27/40 55 _ 60 50 / 6" _ 25/ 50-4" Boring terminated at 61 / feet. Groundwater was encountered at 53 feet bgs. Boring completed as piezometer. Completion Depth: 60 feet Date Started: 6/15/16 Date Completed: 6/16/16 Logged By: C. Skelton Checked By: C. Skelton Driller: Drilling Engineers, Inc Drill Method: CME 75 rigged with 8" Hollow -stem auger Sample Method: CA SS -modified Borehole Diameter: 8 inches Groundwater Encountered at 53 feet bgs Concrete Pad Ground surface Casing and screen 32 feet of 2 -inch Schedule 40 PVC Blank Casing Groundwater encountered at 33% feet bgs. 20 feet of 2 -inch Schedule 40 PVC Screen 0.001 slot 8 -inch diameter borehole Annular Materials 27' Cement grout Bentonite Seal A Total Drill Depth (bgs) • 52' 10/20 Sand Filter Pac Note: Not to scale PEllAGPROfessionals No TEL\'ELOPERS OF ACRU.a't "I URF Piezometer Construction Diagram PZ-1 Heartland Biogas, LLC Project 19179 Weld County Rd 49 LaSalle, Weld County, Colorado FIGURE A-1 Concrete Pad Ground surface Casing and screen 40 feet of 2 -inch Schedule 40 PVC Blank Casing Groundwater encountered at 53' feet bgs. 20 feet of 2 -inch Schedule 40 PVC Screen 0.001 slot ♦ 8 -inch diameter borehole Annular Materials Cement grout 4 Bentonite Seal • 60' • 10/20 Sand Filter Pack • 22' • Total Drill Depth (bgs) Note: Not to scale • AGPROfessionals ENE DF\'L• l .OPFRS OF AC, RICa T l: rU RP. Piezometer Construction Diagram PZ-2 Heartland Biogas, LLC Project 19179 Weld County Rd 49 LaSalle, Weld County, Colorado FIGURE A-2 Approximate Scale 1 inch = 350 feet A Piezometer Location A Monitoring Well Location AGPROfessionals ■ PEVVI_OPF.R5 OF AGRI(Pil l IRV Monitoring Well Location Map Heartland Biogas, LLC Project 19179 Weld County Rd 49 LaSalle, Weld County, Colorado FIGURE 1 11455 MONITORING WELL #1 X 4803.83 TOP OF PIPE=4806.10 - TO PIEZOMETER#2 TOP OF PIPE=4844.11 28981 X 4841.05 PZ- 2 28980 X 4820.37 PZ-1 PIEZOMETER#1 TOP OF PIPE=4823.47 MONITORING WELL #4 TOP OF PIPE=4827.1 11451 X 4825.71 1: MONITORING WELL #3 TOP OF PIPE=4834.00 11452 4831.66 MON. WELL- TOC i pFA to Chad/ ,C � ssoF Renewable/ BIJ response! rZ) Change Re 10/ CQA Agreementl �p pso Submittal May 201: C: 3 July 31 2015 Phase 1C USR Timeline! Week 2 CQA Chace/ WCR 491 l+pt's:1 final to Weld County/ Vj Feldpeuschl c3 Gateway Self Storage/ %Pleartrand Renewable Eno, lV 4 18 13 Drawings/ IV Change Regpent 10/ p&O 20101 Easements/ cl February 2013( 1:3 Jane 7 2013 Revision 4) March 2013( I:3 Nov 2013! V May 2013 Drawina set 2 �- : November 20121 Ipp I,�I Phase 1 Certification Re c9 Phase IA Certification F Phase 1C 9 30 15 subm IVpa Appendix D Record p CQA Monitoring Logs/ CI Phase IC Final Certifi V Photo INN/t� V Property Acquisition Do Solid Waste ADP! ryry� USN! (vV Hunter Ridge Dairy/ l,ol 5 &Lots/ V M Squared Holdings) my docs online Dvxnioad Gia Deicte '•Ir.,,, 11.1,1 r.. r. - ,.. ,•, CO February 2013/ To Open a ills click an the Ns Name. For other Actions select the MO), end inn choose the desired Melon Used above. LD-1 LEAK DETECTION PLAN.pdf Engineering GR-3 PROPOSED POINTS.Ddf Eraineerina GR-2 PROPOSED CUT-FILL.od( Engineering GR-1 PROPOSED CONTOURS,Ddf Engineering EX -1 EXISTING SITE.Pd1 Engineering 0-1 DETAILS.atf • Engineering CS -6 SOIL AMENDMENT CHANNEL.pdf Engineering CS -S BERM DESIGN & CROSS SECTIONS.odf Enaineering CS -4 MANURE PITS CROSS SECTIONS.Ddf Engineering CS -3 NORTH POND CROSS SECTIONS,pdf Engineering CS -2 SOUTH POND CROSS SECTIONS,Ddf Engineering CS -1 COVERED LAGOON CROSS SECTIONS,pdf Engineering C-1 COVER SHEET,pdf Appendix G Custom Soils Reportodf Appendix S Storage Tank Sizinal3df Appendix M Final Drainage Report.odf Appendix M Drainage Lavout.pdf Appendix D Proposed Site Lavout.pd( Cl mine Fehle, 169k Feb 06, 2013 16:47ET 275k Feb 04, 201313:56ET 536k Fob 04, 2013 13:56ET 277k Fob 04, 2013 13:56ET 277k Feb 04, 2013 13:56ET 202k Feb 04, 2013 13:56ET 155k Feb 04, 2013 13:56ET 226k Feb 04, 201313:54ET 177k Feb 04, 2013 13:5461 167k Feb 04, 201313:54ET 159k Feb 04, 201313:53ET 144k Feb 04, 2013 13:53ET 1,072k Feb 04, 201313:53ET 19,322k Feb 04, 201313:36ET 8k Fob 04, 201313:33ET 11,022k Fab 01, 201318:08ET 277k Feb 01, 2013 1$:O7ET 240k Feb 01, 201318:01ET HeajtJand Construction Quality Assurance and Quality Control Plan.odf 25,737k Feb 01, 2013 17:10ET Appendix K Ground Water Monitoring Plan.odf 215k Fob 01, 2013 17 03ET Heartland Engineering Design and Operations Plan.pdf 35,630k Feb 01, 20131703ET Appendix K Ground Water Monitoring Plan,pdf 216k Jan 31, 20131$:36ET Appendix X Odor Management Plan,pdf 21k Jan 31, 201317:58ET Appendix Y Financial Assurance.pol 176k Jan 31, 2013 17:58ET Appendix V Fire Protection Plan.pdf 21k Jon 31, 201317A9ET Appendix U PT2 Soil Amendment Fiber.pdf 642k Jan 31, 201317A6ET Appendix U PT1 Soil Amendment.Pdf 661k Jan 31, 201317:46ET Appendix T Eauipment Summarv,pdt 220k Jan 31, 201317:46ET Appendix S Material and Tank Sizina Summary Facility Tanks.pdf 56k Jan 31, 201317:48ET Appendix R Sampling Procedure.pdt 106k Jan 31, 2013 17:46ET Appendix Q Waste Characterization Plan.pdf 65k Jan 31, 20131TA4ET Appendix 0 Waste Characterization Form,pol 76k Jan 31, 2013 17:36ET Appendix P List of Acceptable Feedstock Substrates.od( 143k Jan 31, 2013 17:36ET Appendix 0 NOR Process Flow Diagrams & Cross Sections.odf 3,641k Jan 31, 2013 17:36ET Appendix N Secondary Containment Calculations.pdf 7k Jan 31, 201317:38ET Appendix Z Ground Water Potentiornelric Maps 9 17 09,pdf 26k Jan 91, 2013 17:28ET Appendix Z Ground Water Potentiometric Maps 9 22 10,pdf 31k Jan 31, 201317:26ET Appendix Z Ground Water Potentiometric Maps 11 22 10.pdf 30k Jan 31, 201317:28ET Appendix Z Ground Water Potentiomelric Maps 11 23 09.pdf 26k Jan 31, 201317:21ET Appendix Z Ground Water Potentiomelnc Maps 7 20 10.pdf 30k Jan 31, 201317:28ET Appendix L Soilogic Preliminary Geotechnical Reoort.pdf 6,265k Jan 31, 2013 17:23ET Appendix W Continency Plan for Corrective Actions.odf 79k Jan 31. 2013 17:23ET EXHIBIT 34 (s) V DFA to Chad! CI RMaygbler CI !3U nsaonaa! C:3 Change Rr 101 C3 CCAAoreement( �Vpso smtadinst Mom 201: da ,lulu 31 2015 Phase 1C d USR Tmellna! V Shoe 2 CCA Dooal %%EDF WCR 491 V Plnal to Weld Countv/ F•Idpeuschl C3 GateweV SO Stomas! %Hea,tJ nd Renewable Ena, C3 4 la 13 Dwain./ tC3 Chinas Reduest 101 �ap 000 2010! V Emmet/tit/ C3 February 20131 1V.iune 7 2013 Revision 4/ C3 March 20131 C3 Ma 013 C3 May 2013 Drawing se1 2 dNovember 2012/ C3 Phaee 1 C•rifflcatlon Re C3 phase 1A Car5ecadon R %phase IC 9 30 15 eubme ced pooandla D Record a CZ ] CCA MonMelnd Loos/ d phase 1 C Final Certld dPhoto 1•ael C.1 properly Ac.uaitlon Do C3 Solid Waste Appl dung C:3 Hunter Race Dairy/ 1:3 tat 5•Lote/ CI M Souared Hardin./ a February 2013/ Name: Rename: Size: Date: Heartland Construction Quality Assurance and Quality Control Plan.pdf 25,737k Feb 01, 2013 17:10ET Comment From Upload No comment provided File Was "Given" To 6 Users Updatr • tewain000.waid.OO.us • Comment you provided when you pave the document to this user No comment was provided with this file • Given to this user Feb 04, 2013 14:39ET • First download Not downloaded • Cancel file delivery for this user and this file • Jlm.potioreageneryyusa.com • Comment you provided when you gave the document to this user No comment was provided with this file • Given to this user Feb 04, 2013 14:33ET • First download Not downloaded • Cancel fife delivers for this user and this file lsura.ksllogq aganetgyuaa,com • Comment you provided when you gave the document to this user No comment was provided with this tike o Glum to this user Feb 04, 2013 14:33ET o First download Feb 05, 2013 09:55ET o Cancel file delivery for this user and this fib Jim. com • Comment you provided when you gave the document to this user No comment wee provided with this file • Given to Ibis user Feb 01, 2013 10:14ET • First download Not downoaded • Cancel file delivery for this user and this file Iaurs.kelloggoagenergyup,com • Comment you provided when you gave the document to this user No comment was provided with this fib • Given to this user Feb 01, 201319:14ET • First downtead Feb 04, 2013 15:17ET • Lest download Feb 05, 2013 10:20ET OFA to Chad! ‘t EOF Renewable/ © RU response/ Vj Change Re 101 �Vq CQA Agreement/ 050 Submittal May 201: C3 July 31 2015 Phase 1c_ IVUSR qq Timeline( Cl Week 2 CQA gobs/ EEOF WCR 49L V final la Weld County( (t Feldpauschl ZI Gateway Self Storage/ Heartland Renewable Eno, �y 4 19 13 Drawings/ Change Request 101 ��C3 fV 050 2010/ fin ee m e ntsI C3 February 2013/ C3 ,rune 1 2013 Revision 4! �EnMarch 3013/ C.3 May 20131 May 2013 Drawing Sat 2 �F�12 November 2012/ IVI Phase 1 Certification Re rJ Phase 1A Certification R �I�gqPhase 1C 9 30 15 subm. I�t7J Apoendln 0 Record q �j CQA Monitoring Logs/ CZI Phase 1C Final Cer1fi yyV Photo loge! ll `I Property Acquisition Oa Cre3 Solid Waste Aural USR/ © Hunter Ridge Dairy/ I* Lot 5 & Lot IVs! V M Squared Holdings/ my docs online Comment From Upload No comment provided File Was "Given" To ® Users • tsweln(e?co.weld.co.us a Comment you provided when you gave the document to this user No comment was provided with this file o Given to this user Feb 04, 2013 14:39ET e First download Not downloaded o Cancel file delivery for this user and this file • jim,potterl agenergyusa,com a Comment you provided when you gave the document to this user No comment was provided with this file o Given to this user Feb 04, 2013 14:33ET o First download Not downloaded o Cancel file delivery for this user and this file • taura.kelloggtagenergyusa,com o Comment you provided when you gave the document to this user No comment was provided with this file a Given to this user Feb 04, 2013 14:33ET o First download Not downloaded a Cancel file delivery for this user and this file • jim.potterftagsnergyuse.com o Comment you provided when you gave the document to this user No comment was provided with this file e Given to this user Feb 01, 2013 19:14ET First download Not downloaded a Cancel file delivery for this user and this file • isura.kellogg@agenergyuea.com a Comment you provided when you gave the document to this user No comment was provided with this file a Given to this user Feb 01, 2013 19:14ET e First download Not downloaded a Cancel file delivery for this user and this me • larry.bruskln@state.co.us o Comment you provided when you gave the document to this user No comment was provided with this file a Given to this user Feb 01, 2013 18:05ET a First download Feb 04, 2013 18:58ET e Last download Feb 04, 2013 17:22ET a Cancel file delivery for this user and this file pFA to Chadl %EEDF Renewable/ `1 eu reaporrse/ C:1 Chinos Re 10/ �Vpp CQA keno menN V 050 Submittal May 201: V July 31 2015 Pilsen IC C7.1 USR Timelines C V Week 2 CQA Done EDF WCR 49( V Final to Weld County/ Feldpauaeh/ ® Gateway Self Sloranel `'6 Heartland Renewable Enel :Op1 4 16 13 Drawings/ China. Request 101 tVq 050 2010/ C.1 Eesements/ Vp February 20131 p �rVpp ,lune 7 2013 Revlelon 4l `1 March 2013/ �Vp May 2013! V May 2013 Drawing set 2 ZI November 20121 El Phase 1 Car -Hendon Re CV1 Phase 1A Certification,S CZi?h.;. 1C 9 30 15 subnt C3 Appendix 0 Record D (VCPA Monitoring Loge/ C3 Phase IC Final C.rpn ((��qqC3 Photo ions/ C.1 Property Acquisition Do, C3 Said Waste App! Hunter area• Dairy! tCy Lots a Lot 61 M Squared Holdinas/ my does online Cow -aced .,rye Delete Novi Detests e Atwot My nicer.. Q February 2013/ Rename Folder To Open a Me click oaths File Memo. For other Actions select the 111(4 end then choose ate desired Action listed above. I,D-1 LEAK DETECTION PLAN.pdf 189k Fab 06, 201316A7ET Enalneerinq GR-3 PROPOSED POINTS.pdf 275k Feb 04, 2013 13:56ET Engineering GR-2 PROPOSED CUT-FILL.odf 536k Fab 04, 2013 13:56ET Enaneerina GR-1 PROPOSED CONTOURS,pdf 277k Fob 04, 2013 13:56ET Engineering EX -1 EXISTING SITE.Ddf 277k Feb 04, 2013 13:56ET Engineering 0-1 DETAILS.odf 202k Fab 04, 2013 13:56ET Engineering CS -6 SOIL AMENDMENT CHANNEL.Dd[ 155k Fab 04, 2013 13:56ET Engineering CS -5 BERM DESIGN & CROSS SECTIONS.adf 226k Fab 04, 2013 13:54ET Engineering CS -4 MANURE PITS CROSS SECTIONS.Ddt 177k Fab 04, 2013 13:S4ET Engineering CS -3 NO TH POND CROSS SECTIONS.odf 167k Fab 04, 2013 13:54ET Engineering CS -2 SOUTH POND CROSS SECTIONS.odf 159k Fab 04, 2013 13:53ET Engineering CS -1 COVERED LAGOON CROSS SECTIONS.Ddf 144k Fab 04, 2013 13:53ET Engineering 0-1 COVER SHEET.pcif 1,072k Fob 04, 2013 13:53ET Appendix G Custom Soils Report.odf 19,322k Fab 04, 2013 13:36ET Appendix S Storage Tank Sizina,pdf 3k Fab 04, 2013 13:33ET Appendix M Final Drainage Reoort.odf 11,022k Feb 01, 2013 15:00ET • Appendix M Drainage Lavout.pdt 277k Fab 01, 201318:07ET Appendix D Proposed Site Lavout.pdf 249k Fob 01, 2013 16:01ET Heartland Construction Quality Assurance and Quality Control Plan.adf 25,737k Fab 01, 2013 17:10ET Appendix K Ground Water Monitoring Plan.odf 215k Feb 01, 201317:03ET ♦ }leattland Engineering Design and Operations Plan.od( 35,630k Fab 01, 2013 17:03ET Appendix K Ground Water Monitoring Plan,pdf 215k Jan 31, 2013 18: Appendix X Odor Management Plan.odf 21k Jan 31, 201317:50ET Appendix Y Financial Assurance.od( 176k Jan 31, 2013 17:56ET Appendix V Fire Protection Plan.odf 21k Jan 31, 2013 17:49ET Appendix U PT2 Soil Amendment Fiber,pdf 642k Jan 31, 201917:46ET Appendix U PT1 Soil Amerldment.pdf 661k Jan 31, 2013 17:41ET Appendix T EauiDment Summarv.odf 220k Jan 31, 2013 17:4SET Appendix S Material and Tank Sizina Summary Facility Tanks.pdf 56k Jan 31, 2013 17:4SET Appendix R Sampling Procedure.odf 108k Jan 31, 2013 17:40ET Appendix Q Waste Characterization Plan.odf 65k Jan 31, 2013 17:44ET Appendix 0 Waste Characterization Form.odf 78k Jan 31, 2013 17:36ET Appendix P List of Acceptable Feedstock Substrates.odf 143k Jan 31, 201317:36ET Appendix 0 HOR Process Flow Diagrams & Cross Sections.pdf 3,641k Jan 31, 2013 17:36ET Appendix N Secondary Containment Calculations.pdf 7k Jan 31, 2013 17:36ET Appendix Z Ground Water Potentiometric Maps 9 17 09.pdf 23k Jan 31, 2013 17:28ET Appendix Z Ground Water Potentiometric Mans 922 10.odf 31k Jan 31, 2013 17:16ET Appendix Z Ground Water Potentiometec Moos 11 22 10.0df 30k Jan 31, 201317:20ET Appendix 2 Ground Water Potentiometric Maps 11 23 09.pdf Appendix Z Ground Water Potentiometric Maps 7 20 10.pdf Appendix L Soiloaic Preliminary Geotechnical Report.odf Appendix W Contingency Plan for CorrectiveActlons.Ddf 28k Jan 31, 2013 17:26ET 30k Jan 31, 201317:26ET 6,285k Jan 31, 2013 17:23ET 79k Jan 31. 2013 17:23ET ,(y 9FA to Chad) V ):DP Renaw.bfel eu r.wens./ rI rV Change R. 101 �Vp GQA Aareementl DaO Submlilel May 201: C3 jury 31 2015 Phase IC yM SR Tlm•wl C.3 W• eek GQA Doc.( gt�3DF WCR 49( r� hV Final to Weld County/ C3 Fetep.wct O.MwpY Self bmraael %Heartland Renewable EMI I+:Vpl 4la 13Orawlnael C3 chariot Re RU41t 10) CC39• 50 20101 Vqq Feaememsl C3 February 2013/ tV V 'June 1 2013 Revision 41 C3 M• arch 2013! mpv 20131 C3 May 2013 Drawlno set 2 p3 November 20121 3 Phase 1 Cer00aayn Re CI Phase 1A CarHIceton , P ai pheso 1 C 9 30 15 aubot fapC3 Aopendln D Record D. CQA Monitorfnd Loa,/ C3 C3 Phis. 1C Final Cern ripC.3 Photo loos) Vp Property Acquisition Do - (31 Solid W01le AIM! C5 Sim Hurter Ridge Clain/ ® Lot 5 a Lot 61 C3 M Sauar.d Holdlnas) CD February 2013/ Name: Rename: Size: Date: Heartland Engineeoing Design and Operations Pian.pdf 35,630k Feb 01, 2013 1703ET Comment From Upload No comment provided File Was "Given" To 6 Users Update • tawalnCco.wsld.co,us • Comment you provided when you gave the document to this user No comment was provided with this file • Given to this user Feb 04.2013 14:39ET e First download Not downloaded o cancel file delivery for this user and this file • Jim.poterusgensryyuea.com • Comment you provided when you gave the document to this user No comment was provided with this file • Given to this user Feb 04, 2013 14:33ET • First download Not downloaded • Cancel file deliver,; for this user and this file • leum.kelloggC.agensrgyusa.com • Comment you provided when you pave the document to this user No comment was provided with this fie e Given to this user Feb 04, 2013 14:33ET • First download Not downoaded • Cancel file delivery for this user and this fie • Jim.poteraspenergyusa.com o Comment you provided when you gave the document to this user No comment was provided with this file • Given to this user Feb 01, 2013 19:14ET • First download Not downloaded • Cancel file delivery for this user and this fife • Iaurs.kelloggesesnergyusa.com e Comment you provided Mien you gave the document to this user No comment was provided with this file • Given to this user Feb 01, 2013 19:14ET e Flat download Feb 04, 2013 14:68ET • e Cancel file delivery for this user and this fife • larry.bnisidnestals.co.us C3 Ou response! �pl Chenga Rs 101 CI CPA Agreement/ 4.1 050 Submittal May 201: 1( IV July 31 2015 Phase 1C �Vq USR Timeline! week 2 CPA Does/ %EDP WCR 491 auV Final to Weld County! E:3 F.ldgsch! EV V Getaway S.N Slowly/ Heartland Ran.wabl. En., Vp 4 10 13 Drawings) CI Chances Request 151 CI �pp pan solo, I:3 Eaal .emant I:33 February 2013/ C.3 Jena 7 2013 R.ylsion 41 Vp March 20131 E..2 May 2013/ i VV May 2013 Dr,wins Noy.mber 20121 Phase 1 Cerdbcadon Re V Phase 1A Certification F • { 1 PPhase 1C 9 30 15 eubm 1�Vpp Appendix D Record D tV CPA Monitorine Loos/ ( Phase 1C Flnai Certill CI Photo loos/ �Vp Proomly AcpulelUon Do V Solid West* App/ CI 9.M rcl Hunter Ridge Deirvi rVyy lot S 110161 1VI� M Squared Holdings! �l McCauley Constructors/ c3 Me Hlah Inv►ebnems my docs online .aa—n a-a1R1 mef at •-.' Appendix Z Ground Water Potentiometric Maps 11 22 10.odf Appendix Z Ground Water Potentiometric Macs 9 22 10.pdf Appendix 2 Ground Water Potentiometric Maps 9 17 09,ndf Appendix Z Ground Water Potentiometric Maps 1 5 10,pdf Appendix Z Ground Water Potentiometric Maps 3 22 10.pdf Appendix Z Ground Water Potentiometric Maps 5 18 1Q.pdf Appendix 2 Ground Water Potentiometric Maps 7 20 10,pdf Appendix Y Financial Assurance.pdf Appendix X Odor Management Plan. pdf Appendix W Contingency Plan for Corrective Actions.pdf Appendix V Fire Protection Plan.odf . Appendix U PT2 Soil Amendment Fiber.pdf Appendix U PT1 SoilAmendment.pdf Appendix T Equipment Summarv.pdf Appendix S Storage Tank Sizinq,pdf Appendix S Facility Tank Sizinq.pdf Appendix R Sampling Procedure.pdf Appendix Q Waste Characterization Plan.pdf Appendix Q Waste Characterization Form,pdf Appendix P List of Acceptable Feedstock Substrates.pdf .. Appendix 0 HDR Process Flow Diagrams & Cross Sections.odf Appendix M Final Drainage Report 2-6-2013.pdt . Appendix N Secondary Containment Calculalions.pdf Appendix L Soiloqic Preliminary Geotechnical Reoort.pdf Appendix L Final Geotech Report 2 26 13.Ddt Appendix K Ground Water Weil Monitoring Guide CDPHE.pd( Appendix K Ground Water Monitoring Well Trianqulation,pdf Appendix K Ground Water Monitoring Well Locations,pdt Appendix K Ground Water Monitoring Plan.pdt ' Appendix K Ground Water Monitoring Data,pdf Appendix J Monitoring Well Installation.pdf Appendix I Well Registrations.udf Appendix I Map of surrounding wells,pdf Appendix H Fioodplain Map.pdf Appendix G Custom Soils Report.Ddf Appendix F Easement Map.pdf Appendix E Existing Site Mao,pdf T-1 SITE PLAN.odf :Appendix C Vicinity Mao.odf , Appendix B legal Description,pdf Appendix AB Commercial Well Permit 290148,pdf Appendix AC Flex Wall Petmeabilitv.pdf Appendix A Process Flow Diagram,pdf 27 13 Revision 3 Heartland D & 0.pdf Select all displayed Mast 30k Mar 28, 2013 13:37ET 31k Mar 28, 2013 13:37ET 28k Mar 28, 2013 13:37ET 27k Mar 28, 2013 13:33ET 28k Mar 28, 2013 13:33ET 29k Mar 28, 2013 13:33ET 30k Mar 28, 2013 13:33ET 176k Mar 28, 2013 13:33ET 21k Mar 28, 2013 13:30ET 79k Mar 28, 201313:30ET 21k Mar 28, 2013 13:30ET 842k Mar 28, 2013 13:30ET 881k Mar 28, 2013 13:30ET 220k Mar 28, 201313:29ET 8k Mar 28, 2013 1328ET 56k Mar 28, 2013 1327ET 108k Mar 28, 2013 1327ET 65k Mar 28, 2013 13:27ET 78k Mar 28, 2013 1327ET 143k Mar 28, 2013 1327ET 3,641k Mar 28, 2013 13:20ET 32,442k Mar 26, 2013 13:19ET 7k Mar 28, 2013 13:19ET 6,285k Mar 28, 20131316ET 874k Mar 28, 2013 13:15ET 68k Mar 28, 2013 13:12ET 51k Mar 28, 2013 13:12ET 24k Mar 28, 2013 13:12ET 215k Mar 28, 2013 13:12ET 261k Mar 26, 2013 13:12ET 7,651k Mar 28, 2013 13:10ET 208k Mar 28, 2013 13:09ET 908k Mar 28, 2013 13:09ET 94k Mar 28, 2813 1309ET 10,565k Mar 28, 2013 13:09ET 284k Mar 28, 2013 13:06ET 440k Mar 28, 2013 13:06ET 246k Mar 28, 2013 13:06ET 1,064k Mar 28, 2013 13:06ET 36k Mar 28, 2013 13:06ET 494k Mar 27, 201319:00ET 274k Mar 27, 2013 19:00ET 124k Mar 27, 201319:00ET 20,404k Mar 27, 201319:00ET EEt ( c.„,• .cam -1-1 IV BV resyemel ��\1 Change Re 101 CQA Agreement/ 1: 1:ppj 050 Submittal May 201: V July 11 2015 Phase 1C troIt USR Timeline/ `1 Week 2 CQA Dorsl EDF WCR 49/ ® Fins] to Weld County/ Feldppu¢CN V Gate.yav Self Storaaer Heartland Renewable Erie, \1 4 16 13 Drawings/ V Change Request 10/ rQ 050 2010/ `I EaeCmenls/ (Q February 20171 IVqq June 7 2013 Revision 4, March 20131 Q May 2013) Mao 2013 Drawing Set 2 QNovember 20121 V Phase 1 Ceroficeaon Re C.2 Phase IA CenJficatlon R %PPhase 1C 9 30 15 cube, V Appendix D Record D Zr'yI CQA Monitoring Loan/ �,1 Phase IC Final CartlR \,1 Photo 1pggi ® p C Property AcoUISiben t14' V Solid Waste App/ II��jj Q usw QI Hunter Ridge Dairy/ i.ot56. Lot 6i ©pp M Squared Notdingai McCauley Constructors/ V Mile High Investments Be, my docs online e Comment you provided when you gave the document to this user No comment was provided with this file o Given to this user Mar 27, 2013 23:22ET o First download Mar 28, 2013 10:37ET o Last download Mar 28, 2013 15:35ET o Cancel file delivery for this user and this file • laura.kelioggitagsnergyusa.com o Comment you provided when you gave the document to this user No comment was provided with this file o Given to this user Mar 27, 2013 23:22ET o First download Mar 28, 2013 13:21ET o Last download Mar 28, 2013 13:24ET o Cancel file delivery for this user and this file • mkappen@iagpros.com o Comment you provided when you gave the document to this user No comment was provided with this file o Given to this user Mar 27, 2013 23:22ET e First download Not downloaded o Cancel file delivery for this user and this file • ocain@agpros.com o Comment you provided when you gave the document to this user No comment was provided with this file o Given to this user Mar 27, 2013 23:22ET e First download Not downloaded o Cancel file delivery for this user and this file • thareniiagprtls.com o Comment you provided when you gave the document to this user No comment was provided with this file o Given to this user Mar 27, 2013 23:22ET o First download Not downloaded o Cancel file delivery for this user and this file • tneylor@agpros.com e Comment you provided when you gave the document to this user No comment was provided with this file o Given to this user Mar 27, 2013 23:22ET o First download Not downloaded e Cancel file delivery for this user arid this file • tawalneco.weld.co.us • Comment you provided when you gave the document to this user No comment was provided with this file e Given to this user Mar 27, 2013 23:22E1 o First download Not downloaded o Cancel file delivery for this user and this file (c), V BU reaponsa! Cpp Change Re 10/ c3 COAAereemeny c3 D8D Submittal May 201: C3 July 31 2015 Phase 1C C3 USRTimeline/ Wiwi( 2 C0A poea! EEDF WCR 49! ppppC3 Final to Weld County/ V FeldoewcW C:3 Gateway Sall Stiaraae/ ‘% Renewabh Enet V1 4 13 13 Drawingal C3 Change Request 10/ C9 010 2010! C3 Easements! c3 Februery 2013/ C3 Jury 7 2013 Revision 4/ C3 March 2013/ C3 May 2013i C:3 p I Mar 2013 Drawing net 2 C3 ovember 2012/ c3Phase 1 Cartl5catlon Re Phase 11 Certification Phase IC 9 30 15 aubm rV j C0andis D Record D rVpp CQA Monitonna Lori' V Phase IC Final CelliryIV Photo loos) t`1 Propartv ACauisltlan pp. SOW weste Anal Zi DIE J Herder Ridge Dalrv) C3 Lot SC3 LotS Lot a! 1 V M squared Holdings! C3 McCauley Conatnictoral CI Mlle Hloh Investments Bet my docs online �alZ 1Y Lt�laA71r'r Appendix Z Ground Water Potentiometric Maps 11 22 1O.odf Appendix Z Ground Water Potentiometric Maps 9 22 10.pdf Appendix Z Ground Water Potentiometric Maps 9 17 09,pdf Appendix Z Ground Water Potentiometric Maps 1 5 10.pdf Appendix Z Ground Water Potentiometric Maps 3 22 10.odf Appendix Z Ground Water Potentiometric Maps 5 18 10.pdf Appendix Z Ground Water Potentiometric Maps 7 20 10.pdf . Appendix Y Financial Assurance.odf Appendix X Odor Manaaement Plan.odf Appendix W Continency Plan for Corrective Actions.odf Appendix V Fire Protection Plan.odf . Appendix U PT2 Soil Amendment Fiber.pdf Appendix U PT1,Soit Amendment.Ddf Appendix T Equipment Summarv.odf . Appendix S Storage Tank Sizinq.pdf Appendix S Facility Tank Sizinq,pdf . Appendix R Sampling Procedure.pdf . Appendix Q Waste Characterization Plan.pdf Appendix Q Waste Characterization Form.pdf Appendix P List of Acceptable Feedstock Substrates.pdf • Appendix 0 HDR Process Flow Diagrams & Cross Sections.pdf Appendix M Final Drainaoe Report 2-6-2013.odf Appendix N Secondary Containment Calculations,pdf Appendix L Soiloaic Preliminary Geotechnical Reoort.pdf Appendix L Final Geotech Report 226 13.odf Appendix K Ground Water Well Monilorina Guide CDPHE.pdf Appendix K Ground Water Monitoring Well Trianoulation.odf : Appendix K Ground Water Monitoring Well Locations.pdf Appendix K Ground Water Monitoring Plan.pdf i Appendix K Ground Water Monitoring Data.pdt Appendix J Monitoring Well Installation.pdf Appendix I Well Reoistrations.odf Appendix I Mao of surrounding wells.pdf Appendix H Floodplain MaD.odf Appendix G Custom Soils Report.pdf Appendix F Easement Map.odf Appendix E Existing Site Mao.odf Appendix D Proposed Site Layout ST -1 SITE PLAN.pdf Appendix C Vicinity Mao.Dd[ Appendix B Legal Description.pdf Appendix AB Commercial Well Permit 290148.pdf Appendix AC Flex Wall Permeabilitv.pdf Appendix A Process Flow Diagram.pdf 3 27 13 Revision 3 Heartland D & O.pdf Select all displayed }Baal AN, aNIJ IJ.Y,LI 30k Mar 28, 2013 13:37ET 31k Mar 28, 201313:37ET 28k Mar 28, 2013 13:37ET 27k Mr 28, 2013 13:33ET 28k Mar 28, 2013 13:33ET 29k Mar 28, 2013 13:33ET 30k Mr 28, 2013 13:33ET 176k Mar 28, 2013 13:33ET 21k Mar 28, 2013 13:30ET 79k Mar 28, 2013 13:30ET 21k Mar 28, 201313:30ET 842k Mar 28, 2013 13:30ET 861k Mar 28, 2013 13:30ET 220k Mr 28, 2013 13:29ET 8k Mar 28, 2013 13:28ET 56k Mar 28, 2013 13:27ET 108k Mar 28, 2013 13:27ET 65k Mar 28, 2013 13:27ET 78k Mar 28, 2013 13:27ET 143k Mir 28, 2013 13:27ET 3,641k Mar 28, 2013 13:20ET 32,442k Mar 211, 2013 13:19ET 7k Mar 28, 2013 13:19ET 8,285k Mar 28, 2013 13:16ET 874k Mar 28, 2013 13:15ET 68k Mar 28, 2013 13:12ET 51k Mar 28, 2013 13:12ET 24k Mar 28, 2013 13:12ET 215k Mar 28, 2013 13:12ET 261k Mar 28, 2013 13:12ET 7,651k Mar 28, 2013 13:10ET 208k Mar 28, 2013 13:09ET 908k Mar 28, 2013 13:09ET 94k Mar 28, 201313:09ET 10,568k Mar 28, 2013 13:09ET 284k Mar 2e, 2013 13:06ET 440k Mar 28, 2013 13:06ET 246k Mar 28, 2013 13:06ET 1,064k Mar 28, 2013 1306ET 36k Mar 28, 201313:06ET 494k Mr 27, 2013 19:00ET 274k Mar 27, 2013 19:00ET 124k Mar 27, 2013 19:00ET 20,404k Mar 27, 2013 19:00ET C DO z (3-- Q CL ArP -I SC 0_44 SG1„".`3 Vq BU response/ r3 Change Re 101 fV4 COAAgnementl tVp pao $4b.1461,6.V 201: hVp July 31 2015 Phase 1C USR Timeline! .1 �C9 Week 2 CQA Dec.! 9§DF WCR 49/ t.V Final to Weld County! Vp peldosuschl r: 3 Getaway Self Storage! �p Heartland Renewable Ent, C1 e3 4 13 Dgae!win C3 Chanoo Rspuset10/ C3 O5O 2010/ CItWemema! V February 20131 Vp June 7 2013 Revision C 41 �Vq March 2013! (3 May 2011! May 2013 Drawing set 2 bC3 November 20121 V Phase 1 Certification Re C1 Phase 1A Certification P %Phase IC 9 30 15 subml V Appendix D Record 1 D. Vq GINSGINSCOA Monitor -Ina Loos/ C:3 Phase IC Final 0 C rI�egqC3 photo loot! L3 property Acaulslllon Do V Solid Waste Ago! C3 C3 sw Vq Hunter Ridoe Dairy! C3 Lot S R Lot e! 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IVp February 20137 a} 13 Jun• 7 2013 Revision 4/ VMarch 20137 May 2013/ C3 `i Man 3013 Drawing set 2 C3 3 November 2012/ V Phase 1 Ceraficaaon Re © Phase IA Certification R '$f Phase 1C 9 30 15 subs, rV Appendix D Record 0. I Vp COA MoniloAne loos( C3 Phase IC Final Certill r'V Photo Inasl rr)' Property Acquisition Do. C3 Solid Waste App! p�V USR/ t4V] Hunter Ridge Dairy/ I`y7 Lot54 Lot 81 r`QI M Squared Holdings( Vy McCauley Constructors/ V Mlle Hlah Investments Be, my docs online e Cancel file delivery for this user and this file • Jim.potter@agenergyusa.com o Comment you provided when you gave the document to this user Additional drawings Chris Haak asked me to forward; Lany, the hard copy he sent in the mail on Friday to your office. 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Thank you, Marcy e Given to this user Apr 02, 2013 13:31ET o First download Not downloaded o Cancel file delivery for this user and this file C3 Change R. 10/ IV CPA Agre.m.nt C9 D6O 5ub9Jinst May 201: C3 p July 31 2015 Phase 1C USR Timeline/ CC3 ,,��7yV Week 2 CPA Dons/ %EEDF WCR 491 V Final to Wald Courtly! ® Fetdpauech/ C3 Gateway S.16 Storage/ V Heartland Renewable Ener ll 4 16 13 Drawings/ C3 Change Request 101 C3 DSO 2010/ C3 Easements/ C3 February 2013/ ZI jug! 7 2013 Revision 4/ C3 March 2013/ C3 May 2017( ® i Mav 2013 Drawing set 2 C3 November 2012/ Phase 1 Certification Re ® Phase 1A Certification F Qi Phase IC 9 30 19 cube. ® Append* D Record Di C9 call Monitoring Logs) C3 Phase 1C Fina1 Cer1M Cl Photo loos/ ryVq property Acquisition Da C9 Solid Waste App! C3usw ra3 Hunter Ridge Dairy/ tVp Lot 56 lot 61 (Vq M Squared Holdings/ Vp McCauley Constructors/ C3 Mile High Investments Be, V Mineral Self Stormier © May 20131 my docs online Cwe Delete '-Ise Detu:k To Opens file click an the Re Nem.. For other Actions select M ele(ef, and than choose the desired Acton listed above. ST -1 SITE PLAN.odf LD-1 LEAK DETECTION PLAN.pdf GR-4 COMBINED PROPOSED CONTOURS.odf GR-3 PROPOSED POINTS.od GR-2 PROPOSED CUT-FILL.odf GR-1 PROPOSED CONTOURS.odf GR-2 PROPOSED CUT-FILL.pdf GR-1 PROPOSED CONTOURS.odf EX -1 EXISTING SITE.odf EC -2 EROSION CONTROL DETAILS.pdf EC -1 EROSION CONTROL.odf P-2 DETAILS.odf 0-1 DETAILS.pdf CS -7 MANURE PITS CROSS SECTION.odf CS -6 NORTH & MAIN CHANNEL .Ddf CS -5 SOIL AMENDMENT CHANNEL,pdf L CS -4 BERM DESIGN & CROSS SECTION.odf CS -3 NORTH POND CROSS SECTION.odf f CS -2 SOUTH POND CROSS SECTION.odf CS -1 COVERED LAGOON CROSS SECTION.odf C-1 COVER SHEET.pdf L Appendix D Proposed Site Layout.pdf Appendix M Final Drainage Report 2.6-2013.pdf p&O May 2013,pdf f ! CQC plan May 2013,pdf CQA Plan May 2013.pdf Appendix AC Flex Wall Permeabilitv.pdf Appendix AB Commercial Well Permit 290146.Ddf Appendix M Action Leakage Rate Calculations.odf . Appendix Z Ground Water Potentiometric Maps 11 22 t0,pdt Appendix Z Ground Water Potentiometric Mace 9 22 10.pdf • Appendix Z Ground Water Potentiometric Macs 9 17 09.od( Appendix Z Ground Water Potentiometric Macs 7 20 10.od( Appendix Z Ground Water Potentiometric Maps 5 18 10.pdf Appendix Z Ground Water Potentiometric Maps 3 22 10.pdf Appendix Z Ground Water Potentiometric Maps 1 5 10.pdf Appendix Y Financial Assurance.pdf Appendix X Odor Management Plen.pdf , Appendix W Contingency Plan for Corrective Actions.pdf Appendix V Fire Protection Plan.odf Appendix U PT2 Sal Amendment Fiber.odf Appendix U PT2 Soil Amendment Fiber.odf Ac name Fold, 237k May 03, 2013 18:32ET 25Sk May 03, 2013 18:30ET 436k May 03, 2013 18:30ET 267k May 03, 2013 18:30ET 508k May 03, 2013 18:30ET 269k May 03, 2013 18:30ET 508k May 03, 2013 1627E 269k May 03, 2013 111127E 269k May 03, 2013 16:27ET 808k May 03, 201318:27ET 238k May 03, 2013 1827ET 174k May 03, 201316:26ET 296k May 03, 201316:2SET 177k May 03, 201318:26ET 215k May 03, 20131826ET 162k May 03, 2013 1826ET 225k May 03, 2013 18:25ET 166k May 03, 2013 18:25ET 162k May 03, 2013 18:25ET 150k May 03, 201318:25ET 1,076k May 03, 2013 18:25ET 211k May 03, 2013 17:20ET 32,442k May 03, 2013 17:14ET 19,963k May 03, 2013 16:31ET 14,070k May 03, 201315:35ET 22,528k May 03, 2013 15:32ET 274k May 02, 201317:44ET 494k May 02, 2913 17:43ET Sk May 02, 2013 17:43ET 30k May 02, 2013 17:43ET 31k May 02, 2013 17:43ET 28k May 02, 2013 17:43ET 30k May 02, 2013 17:42ET 29k May 02, 2013 17:42ET 28k May 02, 201317:42ET 27k May 02, 2013 17:42ET 176k May 02, 201317:42ET 21k May 02, 201317:41ET 79k May 02, 2013 17:41ET 21k May 02, 2013 17:41ET 842k May 02, 2013 17:41ET 642k M av 02. 2013 17:40ET 1 Mto.Zo f 30.OP P I�005- 5JJ(AO, co viekt-e- ode V Change Re 10! C3 CQA Agreement/ DEO Submittal May 201: July 31 2015 Phase 1C �aq DSR Timeline/ V Week 2COA Does/ EDF WCR 49! t�V Flnal to Weld County( IVyy Foldoaus eh/ '1/41 Gatewey Self storage( 1 Heartland Renewebfe Ener lV 4 18 13 Drawings! IVp Change Request 101 Vj O5O 20101 C:3 Easements( V February 20131 CI June 7 2013 Revision 4i (:3 March 2013! C3 Map I 2013! V Mev 2013 Drawing set 2 Vpp Hpvamger 2012/ C.3 Phase 1 Certification Re ( V Phase 1A Car -Phaeton F QiPPhaaa 1 C 9 30 15 subm Appendix D Record D 1:3 CQA Monitoring Logs! V3 Phase IC Final Certill qqV Photo legal C3 Property Acquisition Do 5oild Waste ASS/ r:3 y1t1 (`i Hynter Ridge Dairy/ C3 f.ot 5 & Lot 01 C3 M Squared Holdings/ lV McCauley Constructors/ C3 Mlle High Investments eel C3 Mineral Soh Storaoei my docs online o Cancel file delivery for this user and this file • Jim.potter@agenergyusa.com O Comment you provided when you gave the document to this user Hard copy and discs will follow in mail. 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Zqq Appendix D Record Ca ( eV CI3A Monitoring Loge( Vq phase IC Final Ce t:rilil qqV Photo loyal trV Property Acoslsldon IOw V ;gild Waste Apo/ usw gyp IC'.3 g Hunter Ridge Dairy/ IVp Lot 5 & Lot 61 1Vq M Squared Haldingsl IOVp McCauley Constructors/ Vp Mile Hlgh Investments Bel C3 Mineral Self Storeeel Download Gwe Delete More Details lwc�i Cj May 2013/ To Open a file ellck oaths FIN Mama. Per ether Actions selset ate SW, end then cheese the desired Action tiered ribose. SST -1 SITE PLAN.pdf 237k . LD-1 LEAK DETECTION PLAN.Pdf 255k GR-4 COMBINED PROPOSED CONTOURS.Ddf 436k GR-3 PROPOSED POINTS.pdf 267k GR-2 PROPOSED CUT-FILL.Ddf 508k GR-1 PROPOSED CONTOURS.pdf 289k GR-2 PROPOSED CUT-FILL.odf 508k GR-1 PROPOSED CONTOURS.pdf 269k EX -1 EXISTING SITE.odf 269k EC -2 EROSION CONTROL DETAILS.pdf 808k EC -1 EROSION CONTROL.odt 238k D 2 DETAILS.pdf 174k ¢-1 DETAILS.pdf 296k CS -7 MANURE PITS CROSS SECTION.pdr 177k 11 CS -6 NORTH & MAIN CHANNEL .pdf 215k I. , CS -5 SOIL AMENDMENT CHANNEL.pdf 162k CS -4 BERM DESIGN & CROSS SECTION.odf 225k . CS -3 NORTH POND CROSS SECTION,pdf . CS -2 SOUTH POND CROSS SECTION.orff CS -1 COVERED LAGOON CROSS SECTION.odt C-1 COVER SHEET ad / Appendix D Proposed Site Lavout.pdf L : Appendix M Final Drainage Report 2.6-2013,pdt D&) May 2013.pdf afo COC Dian May 2013.pdf i I GOA Plan May 2013.pdf Appendix AC Flex Wall Permeabilitypdf Appendix AB Commercial Well Permit 290148.odf I. , Appendix AA Action Leakage Rate Catculations.odf Appendix Z Ground Water Potentiometnc Maps 11 22 10.odf Appendix Z Ground Water Potentiometnc Maos 9 22 10.ocif Appendix Z Ground Water Potentiometrc Maps 9 17 09,odf ;._ Appendix Z Ground Water Potentiometnc Maps 7 20 10.odf Appendix Z Ground Water Potentiometnc Mans 5 18 10.pdf Appendix Z Ground Water Potentiometnc Maps 3 22 10.pdt Appendix Z Ground Water Potentiometnc Maps 1 5 10.odf Appendix Y Financial Assurance.odf Appendix X Odor Management Plan.pdf Appendix W Continency Plan for Corrective Actions.pdf Appendix V Fire Protection Plan odf Appendix U PT2 Soil Amendment Fiber,pdf Appendix U PT2 Soil Amendment Fiber.pdf Rename Folder May 03, 2013 18:32ET May 03, 2013 18:30ET May 03, 2013 18:30ET May 03, 2013 18:30ET May 03, 2013 18:30ET May 03, 2013 18:30ET May 03, 2013 18:27ET May 03, 2013 18:27ET May 03, 201318:27ET May 03, 2013 18:27ET May 03, 2013 18:27ET May 03, 2013 18:26ET May 03, 2013 18:26ET May 03, 2013 18:26ET May 03, 2013 18:26ET May 03, 2913 18:26ET May 03, 2013 18:25ET 166k May 03, 2013 18:25ET 182k May 03, 2013 18:25ET 150k May 03, 2013 18:25ET 1,076k May 03, 201318:2SET 211k May 03, 2013 17:20ET 32,442k May 03, 2013 17:14ET 19,963k May 03, 2013 16:31ET 14,070k May 03, 2013 15:35ET 22,528k May 03, 2013 15:32ET 274k May 02, 2013 17:44ET 494k May 02, 2013 17:43ET 5k May 02, 2013 17:43ET 30k May 02, 2013 17:43ET 31k May 02, 2013 17:43ET 28k May 02, 2013 17:43ET 30k May 02, 2013 17:42ET 29k May 02, 201317A2ET 28k May O2, 2013 17:42ET 27k May 02, 201317:42ET 176k May 02, 201317:42ET 21k May 02, 201317A1ET 79k May 02, 2013 17:41ET 21k May 02, 201317A1ET 842k May 02, 2013 17:41ET 842k May 02. 201317:40ET (Vqq Change Re 10/ CQA Agreement/ V DSO Submittal May 201: c9 July 31 2015 Phase 1C C-1 USR Timeline/ V Week 2 CQA Does/ iDF WCR 401 C:71 Final Do Weld County/ lVp Feldpausch, Gateway Son storaoe/ fleardand Renewable Enet CI Op 4 18 13 Drawings/ I V Change Request 101 Vp 050 20101 Easements! ® February 20131 Vp June 7 2013 Revision el l IVMarch 20131 c9 Mao 5013/ IZ3 Mee 2013 Drawing get 2 rVp November 20121 phase 1 Cen5cadon Re CV V Phase 1A Certification P 3 Phase 1C 9 30 15 subm, Appendix D Record O C13.4 Monitoring Logs/, C3 phase 1C Final CarOt IlPhoto logs! �pV V Propene Acquisition Do 1:3 Solid Waste ADDI UsR/ ppV �reV Hunter Ridge Dairy/ 3 jot s s tore sl rC V el Squared Holdings/ McCauley Constructors/ C3j Mite High Investments eei V Mineral Self Skeane! my docs online o Cancel file delivery for this user end this file • JIm.potter@agenergyusa.com o Comment you provided when you gave the document to this user Hard copy and discs will follow in mail. 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Drawing pdf files will follow in second email o Given to this user May 03, 2013 17:22ET • First download Not downloaded O Cancel file delivery for this user and this file V Chance Ro 10/ tZi CQAAgr**menV 080 Submittal May 201: Z July 31 2015 Phase IC Vp USR Timeline.' 17 .3 Week 2 CQA Does/ Y3EDF WCR 49/ l�pC3 Final to Weld Co0nty/ Vp Feldoaoschi c3 Gateway Self Storaae/ %Heartland Renewabk Env, tep C3 4 18 13 Drawings/ 3 Chang* Request 101 CC CI D8O 20121 CEasements/ tI V February 2013/ CI Jun* 7 2013 Revision 4! �p ▪ March 2913/ 1:3 May 20131 IVq May 2013 Drawing set 2 Vp November 20121 C:1 Phase 1 CertHkeelon Re CI Phase 1ACertAcationO ▪ Phew IC 9 30 15 subm. 1:9 Appendix D Record 0. Va CQA Monitoring Logs! rphase iC Final Cent CICI pr.'. logs/ !Vq Property Acquisition Do Said Waite App/ oa Hunter Ridqe Dairy/ C V Lot 5 8 Lot 01 �V Squared Holdings/ (C3 McCauley Constructors/ V Mile High Invesbnenlo est i V Mineral Set/ Siwaue/ my docs online �u,v n;oad Give Delete Hove WJ.ails May 2013/ l.,y. of II iu ~ Atou1 Me Li went To Open a AN ellek on the File Maw For other Actions selectee" Aie(u), and then choose tho desired Action listed above, ST -1 SITE PLAN.odf 237k .. LD-1 LEAK DETECTION PLAN.pdt 255k GR-4 COMBINED PROPOSED CONTOURS.Ddf 436k GR-3 PROPOSED POINTS.Ddf GR-2 PROPOSED CUT-FILL.odf GR-1 PROPOSED CONTOURS.odf GR-2 PROPOSED CUT-FILL.odf GR-1 PROPOSED CONTOURS.pdf EX -1 EXISTING SITE,odf EC -2 EROSION CONTROL DETAILS.odf gc-i EROSION CONTROL,pdf D-2 DETAILS,pdf D-1 DETAILS,pdf CS -7 MANURE PITS CROSS SECTION.pdf CS -6 NORTH & MAIN CHANNEL ,pdf . 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D8O May 2013.pdf CQC plan May 2013.pdf CQA Plan May 2013.0df Appendix AC Flex Wall Permeabilitv.Dd[ Appendix AB Commercial Well Permit 290148.pdt Appendix AA Action Leakage Rate Calculations.pdf Appendix Z Ground Water Poterltiometnc Maps 11 22 10.o t Appendix Z Ground Water Potentiometric Maps 9 22 10,pdf Appendix Z Ground Water Potentiometnc Maos 9 17 09.pdt Appendix Z Ground Water Potentiometnc Maps 5 18 10,Ddf Appendix Z Ground Water Potentlometnc Mans 3 22 10.odf Appendix Z Ground Water Potentiometnc Maps 1 5 10.ndf Appendix Y Financial Assurance,pdf 1 Appendix X Odor Management Plan.pdf Appendix W Contingency Plan for Corrective Actions.ndf Appendix V Fire Protection Plan,pdf Appendix U PT2 Soil Amendment Fiber.odf Appendix U PT2 Soil Amendment Fiber.Ddf Rename Folder May 03, 2013 18:32ET May 03, 2013 18:30ET May 03, 2013 18:30ET 267k May 03, 2013 18:30ET 508k May 03, 2013 18:30ET 269k May 03, 2013 18:30ET 508k May 03, 20131C27ET 269k May 03, 201318:27ET 269k May 03, 2013 18:27ET 808k May 03, 2013 18:27ET 238k May 03, 2013 1827ET 174k May 03, 2013 18:26ET 296k May 03, 201318:26ET 177k May 03, 2013 18:26ET 215k May 03, 2013 18:26ET 162k May 03, 2013 18:26ET 225k May 03, 2013 18:25ET 166k May 03, 201318:25ET 162k May 03, 2013 18:25ET 150k May 03, 2013 18:25ET 1,076k May 03, 2013 18:25ET 211k May 03, 2013 17:20ET 32,442k May 03, 2013 17:14ET 19,963k May 03, 2013 16:31ET 14,870k May 03, 2013 15:35ET 22,528k May 03, 2013 15:32ET 274k May 02, 2013 17:44ET 494k May 02, 2013 17:43ET Sk May 02, 2013 17:43ET 30k May 02, 2013 17:43ET 31k May 02, 2013 17:43ET 28k May 02, 2013 17:43ET 30k May 02, 2013 17:42ET 29k May 02, 201317:42ET 28k May 02, 2013 17:42ET 27k May 02, 2013 17:42ET 176k May 02, 2013 17:42ET 21k May 02, 201317:41ET 79k May 02, 2013 17:41ET 21k May 02, 201317:41ET 842k May 02, 201317:41ET 842k May 02. 2013 17:40ET a (s) Ca Change Re 10/ gypp COA Agreement/ V D80 Submittal May 201: I V July 31 2015 Phase 1C usR Timeline/ r VI Week 2 COA Does/ %EEDF WCR 491 IVV Flnal to Weld Co only! Vp Fel dpa uscN C V Gateway Self Slorage/ I heartland Renewable Ener �V7 4 16 13 Drawings/ rVq3 Change Request 101 (V 000 20101 CI Easements/ to February 20131 1:::1 March 7 2013 Revision 41 March 20131 t*V (V May 26131 Vqq May 2013 Drawing set 2 rV Npvember 20121 I:3 Phase 1 Certification Re El Phase 1A Certification R Phase 1C 9 30 15 sulmr ® Appendix 0 Record 0 rV CQA Monitoring Logs! t Phase 1C Final CerOlt c` V Photo logs/ lVq Property Acquisition Do V Solid Waste Anna r�qq� g \r Hunter Ridge Dairy! rVq Lot 5 8 Lot 61 M Squared Holdings/ r©pp McCauley Constructors/ V Mile High investments Der r V Mineral Sett Storagel my docs online a First download Not downloaded o Cancel file delivery for this user and this file • jim_potter@agenergyusa.com o Comment you provided when you gave the document to this user Hard copy and discs will follow in mail. 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Drawing pdf files will follow In second email e Given to this user May 03, 2013 17:22ET o First download Not downloaded o Cancel file delivery for this user and this file 170, CQAAgreemenU D&O Submittal May 201: r`I July 31 2015 Phase 1C 1 Vj USR Timeline/ V Week 2 CQA Does! W OF CR 491 `I Final to Wald County! �fjj Feldpaus chi V Gateway Sell Storage) ElHeartland Renewable Peer Cppr4 10 13 Drawings/ ((LV Change Request 10/ V ow 2010) C:3 Easements/ C3 February 2013! 1:3 June 7 2013 Revision 4: Vp March 20131 V Mav 20131 c:3 j 1May 2013 Drawing set 2 Zi November 20121 {VPhase 1 Certification Re C: 3 Phase IA Carlficahon R %PPhase 1C 9 30 15 sulen �VAppandle D Record D C:3 CQA Monitoring Logs/ C:3 Ill Phase IC Final Cer68 Photo !nos/ V Property Acquisition Do CI Solid Waste App! V ()SR)Vy Hunter Ridge pain,: Vp Lot 5 & Lot 61 Vo !.h Squared Holdings/ ls V McCauley Constructors/ c3rMlle High Investments Bei Mineral sex Storage) ryC3 V Mutaaei Artioo : my does online Dorvrticad ,r.e Delete 'love 0eta,s 1Lni1 My At coon: ® May 2013 Drawing set 21 To Opan a Si. click on the File Nara. For otter Actions "'act en III.(.), and than choose ttta dealred Action Rated above. ST -1 SITE PLAN.Ddf 253k LD-1 LEAK DETECTION.pdf 359k GR-4 COMBINED PROPOSED CONTOURS pdf 451k GR-3 PROPOSED POINTS,o(if 283k GR-2 PROPOSED CUT-FILL,pdf 524k GR-1 PROPOSED CONTOURS.pdf 286k EX -1 EXISTING SITE.pdf 269k EC -2 EROSION CONTROL DETAILS.pdf 808k EC -1 EROSION CONTROL.Ddf 254k p-2 DETAILS.Ddf 220k p-i DETAILS pdf 317k CS -7 MANURE PITS ,pdf 177k CS -6 NORTH & MAIN CHANNEL ,pdf 274k CS -5 SOIL AMENDMENT CHANNEL,pdf 169k CS -4 BERM DESIGN & CROSS SECTION.pdf 313k CS -3 NORTH POND CROSS SECTION.pdf 171k CS -2 SOUTH POND CROSS SECTION.Ddf 172k CS -1 COVERED LAGOON CROSS SECTION.pdf 158k C-1 COVER GRADING -COVER SHEET.pol 1,076k Select all displayed filesl Rename Folder May 11, 2913 16:06ET May 11, 2013 16:06ET May 11, 201316:06ET May 11, 2013 16:06ET May 11, 2013 16:05ET May 11, 2013 16:05ET May 11, 2013 18:05ET May 11, 2013 16:05ET May 11, 2013 16:05ET May 11, 2013 16:04ET May 11, 2013 16:04ET May 11, 2013 16:04ET May 11, 2013 16:04ET May 11, 2013 16:04ET May 11, 2013 16:01ET May 11, 2013 16:01ET May 11, 2013 16:01ET May 11, 2013 16:01ET May 11, 2013 16:0fET 1/ p Lk e ee- t—Tle f:3 GOA Aareement/ CZ3 08O Submittal May 201: C:3 July 31 2015 Phase 1C Vp USR Timeline/ r:'.] Week 2 CQA Decs/ 23 EDF WCR 49! �taqqV Final to Weld County! V Feldoeuach/ C.1 Gateway Self Storage/ %Heartland Renewable Seer 3 4 16 13 Drawings/ C3 Change Reguest10l CZI D&O 2010/ Easements/ February 2013! cl p tJune 7 2013 Revision 41 Vq M• arch 2013/ I:3 M• ay 2013/ 1 :3 May 2013 Drawing set 2 .. Vp November 2012/ C: 3 Phase 1 Certleeetion Ra r:3 Phase IA Certification Phone IC 9 3015 subm L:9 COA Appendix 0 Record D. LVp COA Monitoring Logar CVp Phase IC Final Cerafi lyV photo loasl �Vq Property Acquisition Oa. ryV Solid Wane APP! �pC3 USR! 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Hard o Given to this user Jul 31. 2015 18:10ET o First download Not downloaded o Cancel file delivery for this user and this tile "43 EEDF WCR 491 C \i Final to Weld County/ Feldpausch/ r V Gateway Self Storage) tZltl Heartland Renewable Energy/ `1 4 18 13 Drawings/ t:3 yy Change Request 10/ 1( rV 050 20101 �rVgasemsnts! C:3 February 20131 Vqq June 7 2013 Revision (la/ March 2012/ rrV Mey 2 V C.3 013! V May 2013 Drawing set 21 p cVNovember 2012/ t3 Phase 1 Certification Report/ V Phase 1A Certification Report/ ‘ZiPhase IC 9 30 15 submittal! rriPq (V Appendix D Record Drawings/ CDA Monitoring Logs/ 1hgl Phase 1C Final 00tlificabon Resort/ V Photo loos! Property Acquisition Documents/ 1 Solid Waste App/ lI�� usR! C:11 Hunter Ridge Dairy/ 'Vp tot 5 & Lot 6! M Squared Holdlnps/ 7-3 McCauley Constructors/ CI Mlle High Investments Benson Property/ 1V Mineral SeH Storaagt V� Mue s 1e/ER!aaJ Old to Delete/ I V Platte Valley His/ RD Anderson/ t:3 2-24.14/ (Z 1 ;cotf Feodvard/ f�. Appendix D Record Drawings/ my does online Name: Rename: Size: Date: ST•1_20150930 0001.pdf 3,102k Sep 30, 2015 14:56ET Comment From Upload No comment provided File Was "Given" To 9 Users Update C 4 Acka�-c G C\A1 c( -DL • cteveldegagpros.com o Comment you provided when you gave the document to this user The Site Plan didn't transmit on the past link so this is to add to previously linked drawings o Given to this user Sep 30, 2015 15:00ET o First download Not downloaded o Cancel file deliver far this user and this file • curtls.stovall@state.co.us o Comment you provided when you gave the document to this user The Site Plan didn't transmit on the past link so this is to add to previously linked drawings o Given to this user Sep 30, 2015 15:00ET o First download Oct 05, 2015 16:20ET o Cancel file delivery for this user and this file • hharberefaco.weld.co.us o Comment you provided when you gave the document to this user The Site Plan didn't transmit on the past link so this is to add to previously linked drawings d — o Given to lids user Sep 30, 2015 15:00ET o First download Not downloaded o Cancel file delivery for this user and this file jim.potter@agenergyusa.com o Comment you provided when you gave the document to this user The Site Plan didn't transmit on the past link so this is to add to previously linked drawings o Given to this user Sep 30, 2015 15:00ET a First download Not downloaded o Cancel file delivery for this user and this file john.pearson@edf•re.com o Comment you provided when you gave the document to this user The Site Plan didn't transmit on the past link so this is to add to previously linked drawings • Given to this user Sep 30, 2015 15:00ET o First download Not downloaded o Cancel file deliver for this user and this file laura_kellogg@agenergyusa.com my does online pV11 Feldpeuschl Gateway Self Storage/ I�O677Heartland Renewable Eno, V 4 18 13 Drawings/ CI Change Request 101 CVj 08,O 2010/ CEasements/ Ifl \J February 2013( C:2 June 7 2013 Revision 41 CI March 2013/ rVMall 2013( pp (V May 2013 Drawing set 2 CINovember 2012/ 1:3 Phase 1 Certification Re CI Phase 1A Certification F %Phase 1C 9 30 15 subm :1 Appendix D Record D �tVpp CQA Monitoring Loos/ Phase tn IC Final Cer ICV Photo logs/ IhL�jj�qq1 Prooerty Acquisition Pp C lV Solid Waste App/ V uSRI Humor Ridge Doily/ roroZ{i Lot 5 5 Lot 6/ 1\J M Squared Holdings/ CI McCauley Constructors/ CI Mile High Investments Bei 3 Mineral Sell St*ragel �V Vj M.104110/ ow to Delete/ !© Platte Valley Fdrs/ Z1 RO Andorsord V 2.24.141 C:13 Scott Feedyord/ C:1 Smith Valley Dairy/ Soa rboal CWv,rloaG Give Delete Mr:e 1+,:s. 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Phase 1C Final Certification Report 9 30 15.odf 161,653k Sep 30, 2015 17:17ET 1,951k Sep 30, 2015 12:36ET 5,877k Sep 30, 2015 11:52ET Comment Letter.idf 9 30 15 Undated CQA reoort.odf Select all displayed files! cc tU Feldoauseld Gateway Self Storage! r HHeartland Renewable Ens/ C3 4 18 13 Drawings/ c:3 China Request In/ C3� 050 20101 C3 r•`1 Fasemental Vpp February 20131 Tuna 7 2013 Revldon 4! C3 March 201E C3 May 20131 (3 May 2013 Drawing set 2 C3 November 2012/ C3Phase 1 Cer0aceaon Re C V Phase 1A Certification F Phase 1C 9 30 15 submm � Vpp Appends D Record 0 C3 CQA Monitoring Logs! V Phase 1C Final Caren t�C3 Photo logs( CI3 Prooerly Acquisition Do. �1 Solid Waste Ayp, In USW C3 Herder Ridge Dairy/ c3 Lot S & Lot 6i M Squared Holdings/ C3 Mccaurev Conshvctorsl rMile High Investments Bei r V Mineral Sett Storage! M4ueg Z.1 ae/ ZOld to Delete( C3 Plato Valley kin/ Yi fftO Andaman/i ft•�gqC3 2-24-14/ V ScottFeedvsrd/ CI Smith Valley Dairy/ C3 Soarboei e my docs online Sep 30, 2015 15:02ET • Cancel file delivery for this user and this file • ctevetdeQagpros.com o Comment you provided when you gave the document to this user Heartland Biogas Phase 1 C Final Certification Report and Comment Letter Response o Given to this user Sep 30, 2015 13:01ET o First download Not downloaded o Cancel file delivery for this user and this file • curtls.etovaliigsfate.co.us • Comment you provided when you gave the document to this user Heartland Biogas Phase 1 C Final Certification Report and Comment Letter Response o Given to this user Sep 30, 2015 13:01ET o First download Oct 02, 2015 15:34ET • Last download Oct 03, 2015 17:31ET e Cancel file delivery for this user and this file • hbabarseeo.wald.co.us • Comment you provided when you gave the document to this user Heartland Biogas Phase 1 C Final Codification Report and Comment Letter Response o Given to this user Sep 30, 2015 13:01ET • First download Not downloaded • Cancel file delivery tor this user and this file • Jim.potterepagenergyusa.00m • Comment you provided when you gave the document to this user Heartland Biogas Phase 1 C Final Certification Report and Comment Letter Response • Given to this user Sep 30, 2015 13:01ET o First download Notdownbeded o Cancel file delivery for this user and this file • John.pearsoneedka.ewn o Comment you provided when you gave the document to this user Headland Biogas Phase 1 C Final Certification Report and Comment Letter Response o Given to this user Sep 30, 2015 13:01ET • First download Not downloaded o Cancel file delivery for this user and this file • mbabeodcatappros.com o Comment you provided when you gave the document to this user Heartland Biogas Phase 1 C Final Certification Report and Comment Letter Response o Given to this user Sep 30.2015 13:01ET o First download Not downloaded o Cancel file delivery for this user and this file • ralph.daleytriedtre.com e Comment you provided when you gave the document to this user Heartland Blogas Phase 1 C Final Certification Report and Comment Letter Response Given to this user Sep30, 2015 13:01ET First download Not downloaded /'enrol files r1>livpry r,v shit laser aryl this film Gateway Solt Storage/ \4i Heartland Renewable 4i HHeartland Renewable EErie! C5 4 18 13 Drawings/ Change Request 101 fC3 FVp Dbo 20101 tVqq Easements/ February 2013/ I V June 7 2013 Revision 4, ®j March 2013/ IVq May 20131 Vq May 2013 Drawing set a r. 9 November 2012/ Phase 1 Certification Re C3 Phase l A Certification Phase 1C 9 30 15 eubm V Appendix D Record D C:21 C01A Monitoring Loos/ (V Phase 1C Final Cerfffi V Photo loon; IyVp Property Acquisition Do, r V Solid Waste App! USR/ C:3 Hurter Ridge Dairy/ c'.3 Lot 5 & Lot 51 I\I M Squared Holdingsi VMcCauley Consuuctors! 1:1 Mile ,High Investments 1api (Vq Mineral Sell Storage! Vp Mueaaar Cfl Old to Delete/ V Plane Valley Fdrs/ pRD Anderson/ �T�V 2-24.14/ II3Scoff Feedyard' 4 Smith Valley Dairy/ 1Vp Sosrboe; WA -0 Ranc hl Photo logs/ Name: Rename: Size: Date: my docs online Picture report 1C.pdt 173,149k Sep 30, 2015 12:34ET Comment From Upload No comment provided File Was "Given" To 14 Users Update l)(oi 21 @ c Pte. • atrevaskis@agpros.com o Comment you provided when you gave the document to this user Nasrene- I am sending this again. It is such a large file it may Just need to go by itself, let me know if you still have trouble with it and I will try ti o Given to this user Oct 05. 2015 13:55ET o First download Not downloaded o Cancel file delivery for this user and this file • nasrene.phaneuf adfrs.com o Comment you provided when you gave the document to this user Nasrene- I am sending this again. 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Vp 1108-04 AgNhb/ ( V 1117-01 Agnew, John/ 1126 - BTFW 0276-051 %1226.0541! V 1 21 15 Deliverable : p t RUTH WCIP/ WM. 320-14/ pI�ppCI l 1426 - Diecenlood Vp 2455-011 C. ) A-1 Organics -0000! C3 All Around Roustabout! CVsethl R SCI Bella Holsteins! lVp $NN easements/ Centrifuge bide 1413-04/ �aV Codonwood Deny! Vp DFA Bldg! �p DFA Sewer! V DFA to Chad) %EDF Renewable, 9U response! (:pr:3 Change Re 101 COA Agreement/ ryVs I 050 Subminal May 201: CI July 31 2015 Phase 1C USR Timeline! �® Week 2 CQA Doss/ I�Q3 EDF WCR 491 pV Final to Weld County/ C CVp Feldoausch! V Gateway Self Storage/ ® Change Re 10/ Name: Rename: Size: Date: my docs online Response to CDPHE letter regarding Detention Basin 3.pdf 12,682k Jan 14, 2016 14:33ET Comment From Upload No comment provided File Was "Given" To 8 Users Update Jerry.henderson@state.co.us • Comment you provided when you gave the document to this user This is the change request for EDF Heartland that has a drainage change. o Given to this user Jan 14. 2016 14:41ET o First download Not downloaded o Cancel file delivery for this user and this file Jpetrikereo.weld.co.us o Comment you provided when you gave the document to this user This Is the change request for EDF Heartland that has a drainage change. o Given to this user Jan 14, 2016 14:41ET o First download Not downloaded e Cancel file delivery for this user and this rile heather.trarbare@state.co.us o Comment you provided when you gave the document to this user Here is the updated change request 10 with the additional items requested. o Given to this user Jan 14, 2016 14:37ET o First download Jan 14.2016 17:16ET Last download Jan 15, 2016 09:49ET o Cancel file delivery for this user and this file ctevelde@agpros.com O Comment you provided when you gave the document to this user Here is the updated change request 10 with the additional items requested. 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Vyy BU response/ rChange Re 101 11V `t COA Agreement/ 000 Submittal May 201: C3 July 31 2015 Phese 1C rVp USR Timeline/ Week 2 COA Dots/ EEDF WCR 491 C3 Final to Weld County/ C:3 Ferdbauschl C V Gateway Sett Storage/ my does online o Cancel file delivery for this user and this file • jpetrik@co.weld.co.us o Comment you provided when you gave the document to this user This is the change request for EDF Heartland that has a drainage change. o Given to this user Jan 14, 2016 14:41ET o First download Not downloaded o Cancel file delivery for this user and this file • heather.barbare@stats.co.us o Comment you provided when you gave the document to this user Here is the updated change request 10 with the additional items requested. o Given to this user Jan 14, 2016 14:37ET o First download Jan 14, 2016 17:16ET o Last download Jan 15. 2016 09:49ET o Cancel file delivery for this user and this file • cteveldeiggagpros.com o Comment you provided when you gave the document to this user Here Is the updated change request 10 with the additional items requested. o Given to this user Jan 14, 2016 14:37ET o First download Jan 14, 2016 14:44ET o Cancel file delivery for this user and this file • curtts.stovallaetate.co.us o Comment you provided when you gave the document to this user Here is the updated change request 10 with the additional items requested. o Given to this user Jan 14, 2016 14:37ET o First download Jan 14, 2016 19:23ET o Cancel file delivery for this user and this file • jim.potterQagenergyusa.com o Comment you provided when you gave the document to this user Here is the updated change request 10 with the additional items requested. o Given to this user Jan 14, 2016 14:37ET o First download Not downloaded o Cancel file delivery for this user and this file • ralph.daleyyedfre.com o Comment you provided when you gave the document to this user Here is the updated change request 10 with the additional items requested. o Given to this user Jan 14, 2016 14:37ET o First download Not downloaded o Cancel file delivery for this user and this file • ronald.daviesigedf•re.com o Comment you provided when you gave the document to this user Here is the updated change request 10 with the additional items requested. o Given to this user Jan 14, 2016 14:37ET o First download Not downloaded o Cancel tile delivery for this user and this file Financial Impact of Suspension/Revocation .--I co O^ LC) V N O On m N t0 O O ,-I 00 C O NN -I C L O CU U CC aa) O acu v1 E o E o a� a E N is a U C C CO LL N N cc E F L N C Monthly Cost to Divert Manure to Land Application Monthly Forgone Liquid Soil Amendment Benefits Monthly Committed O&M Costs and Diversion Costs Additional Investment in jeopardy 00 V O m -I u7 O O 00 O 1\ m o N m o N m 00 One-time Cost t Monthly Financial Impact for Heartland Direct Stakeholders + Investment in jeopardy + Full Time Jobs Impacted + Q: OD C a IV c ++ rroo c Z L N O an > Y a) of \ Q y Q Y co in 2 •0 .— E Nu L!1 C .-�Lr) Y LL O W O C no =v 1- ro O o vai o N° m N a a a a' v a) E co U ° ,i3 X o c w an d m j C to 7 0 LL C U N C N . ,--I N N Q 1 E H o -O 22 :.; N c-1 m C O1 O O > H t/} corn LL .--I m 00 i/) 2 1- 2 V 2 t/? 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C O C N v U — C C D E C O O O v o O Q q) 00Nc 03 ,= OC C a5 O Q "' D 2 c O_ w L Air Permit Inspection Air Permit Inspection Sign too big, Construction Conex without permit Planning Department Inspection a) ca -a)U L L L E CV CL C) v a) a) a) 2 Q) 3 t/, to a) U a) .2 .L 4) 4) Di p m LL CO m U, _C D - > = C C = = i- UV No Violations Observed Public Works Records Inspection Janet Lundquist agoon construction design Site Grading Inspection C la CDC..000 L rH N al \ 0 m C N N ri C.0 al r-i N l ri rri !--I ri D r r --I Cr) t s n '6 U 3 co N 01 7 m D C a) Statement i 'cmO to N 0 th 4-0 dJ cu a-+ '2 4.• O V -0 L Q. ra Is tva a; .0 a; _ a; L O VI a; V O cu L a; O 49 IS VI 13) w s Is s Is O .0 L O 0 0 VI Q In -a _ C 4S N O 0. >i% et; E O V Is a I s s z Is V . _ L Da L O C 45 _ a; E _ O .L C a; t/f N ca) to s +-a v au ca to (T3 a) J s W I Wit; z a) z _v ez; m cc o 17, L u -3 >t, z o� u u EXECUTIVE 1-n � c W �L s W a L `° g Q r g F7ct (3 a, as N a LU a) i N 4? •' • • LL in CD O • CO C CD i CD a) I ity as approved by the County and CDPHE Approximate cost of the faci U CD aJ -1--0 O U, -1--0 C a) E a) O Q E a) +—• cD a) O p O -o a) CU U, 1_ O CO N U -o a) -o CD W `d) - L O a) CD L. - CU O C CD Q.) vi - CO U, a 4--) CU O L Estimate of annua C 0 V U, a) a, > 0 p v a) F -1-0 CD O p CD Number of fu I OTh Weld County based feedstock suppliers O E z N O) r C N re O-1 ri y •'V I9 tin L f V Tm V t 'L T Lit a) C a) a CI' Q) CU C a) bt ft 11 IQ aJ �+ V F9 -a c as c, C v C 0 (5 i' a A i w 0 .� v O i t a cn 4a -c a) cc N • N 0 N V O 0 Ji c t I v 7 CO V 0 s J.. 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IN -Z u 1-4 J I W Ca H a cn I z a ENVIRON RAMBOLL ODOR COMPLAINT DATA 12/19/2016 COMPLAINTS w O O O L O CATEGORIZATION C z a EVALUATION odor complaint? • 4J C 0 U SD P L O a) 4) C a E 0 OO) Q • icy by County regarding multiple complaints in a single cal Somewhat uneven reporting po • o o N >-- >-- MI a) 73 MI IE g i 0 (7) ` a (13 a� (0.L _ L 0 4--) C .— D O U N U ( 3 ro if; U C C a E O co a 4) E a) F z a) F O 4) c a F 0 U nts from the same individua a F 0 D 0 a) F D z • of the tota • "Please log 4 yes 4 complaints from last evening: 5:15 pm, 5:30 pm, 6:45 pm, and 8:15 pm" E' E co N 0• co 1 N ▪ M ro U e - --I � \ CC 4q. O N o E N e E M c E N o co • N U cu QM EN 76 Q aJ Ni ▪ a ^� 03 CC) • 1 ` EN Eo ezu 00 0 0 ai o- vra vci,M v, E'13 v •v — o '- • O 4J a) ,L lo not consistent with wind aJ L 03 4J C .ID a F 0 0 0 co E 0 U) • (0 co cn . 0 C O F O O C a) v) 0 U O C a) (0 4J . C a F 0 C (U E • PRELIMINARY ANALYSIS ODOR COMPLAINT DATA 12/19/2016 cz DISTRIBUTION OF COMPLAINTS AMONG TOP COMPLAINANTS Co GJ C O O 1/1 C a E O U a) .2- up 5 co dri a) C 0 i 0 co E O U C) 1 O rn c0 N (.13 0 smeiclu oD jo aaquanN N e-1 u u 0 U U 00 U a tD E 0O V U1 U M U ODOR COMPLAINT DATA 12/19/2016 U z O z W NOI1J321I4 aNIM HUM J1DN31SISN0D O U N 4-1 ro • oC (/) O U C .-U C O U L_ Q) C �4-J r Q -a O � L v a E Q) O (n a) Cto r0 a f3 O U • C O a) p p consistent with W C 03 v E O 47) a a -O .a C O O D a) c v O • W W G'7 W O L L 4_, cu c av cn • ,-4 v, (')-a �i (/) t O C � r6 E em V) u • v 4J C ea C O L :a (1) U i5 0 D cn 4_,s O (4/) , 3 C � O U .� C Q 0- • U C 4J Ocn C C to O m oC U 4J C a) 4J U) ro C O a)) C ro E O a) 4J O • 0 .4..J a) •— 1O ODOR COMPLAINT DATA - PRELIMINARY ANALYSIS O cc w O C aJ N C a) fa en V � a ca 03 L a) C O a) L N N C C O O V • G N C Cc _C +-. n) 4-0 in N V C O +% O O >. 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E O V 1/4O ri O N QA rl 1-4 ty O 0 skia 3 c C O C I 1 slu!eldwoD !pool O o 0 0 O 0 0 0 � C1 CO O^ t0 in M N O LA M LA N co M N N ri N N rl M 01 CO N to to d' M N rl O siu!eIduioD pazAieuy U 0 U U co ODOR COMPLAINT DATA - PRELIMINARY ANALYSIS reJ C UC UE O V Lti U U en U U U 12/19/2016 z cc z w 01 E 0 C ro 4-1 • U C U) o >. 1O o 00 o cV') �._, L a O 01 C 4 • _ 5 •u, U o 4) Li a) > U ra 0.. L O 0 a 0 4J C C (1) 4- 0 0 • • C a) a _ a) a) 0 0 O1 0- 00 C (13 .c a) 9- Q • 0 v E -00 0 0 U) a) 0 0 a • 0 -o 0 • Become highly sensitized V C V � `C Y I C 0 (13 0 C U) a) 0 4, o (D C : Q) Cr 0 (i) a) U) 72 d) > o a� 0 L Z, no (13 U� p z C -C) (1)a) �th L 0 C _ 0 C E O L O L • 0 4) rU 21 p f0 84-4 0 C d.) can assist in odor • Consistent odor monitoring Ui >- >- Q z_ ODOR COMPLAINT DATA 12/19/2016 cc 0 J w a) C O `,-1 a o rNj aJ N _ i D a N > O 7 C p-4 Q ANALYSIS? W H V U Q DC 0 U. W W CO (I) Z Q J a i O U DC 0 D 0 Z Q V a) D U a) ID ndicative of odor generation 0 C C) ro (13 E 0 0 -O O ip inconsistent with wind direction inconsistent with odor monitoring L L (o (d N C icTi .-(6 a a F E O O U U a.) >, E c O r0 •I very strong) > E L o O 4- O ui a) c s.>2 no c CU up o c 12/19/2016 V C) .^ O A project of this magnitude is not undertaken capriciously • 3 u �_o an v 4,41- o Emi -O cu L N Q O 00 o a o V 0C o (I)Q.)� _ -0 C -' <�_ a) = O V J inv v O v O ce O O O_ .r' O < Q. W L 0 �4J Q) L E a scu O O 3 4-1 N u • On an a ll A t was determined that the prospective project was : a) w Not strictly Waste to Not strictly Composting Not Strictly Solid Waste _O O_ U p W c -O rizs eL O- o •i- 4 --J ro • N O co a on c a) o no -O an - 'L O ( o �' W a, on c O 0 N _ < A ,* #4':5JIrr v+' r.ry : J !` s 3y.r ?T1>r �x r rJrr C i"`r!! .` J 1 r. 11 -7Y -;;;:j r J r {r rs r r .4:1;',a.."- a s.JJd_+.r! rrrsay art:. S' z.? .� rJarr`r rp{ J r �yr�r_•'yn%a!' 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S. 4-0 U D 0 (13 4-0 CU U Ca C rD 4-0 E 0 • CLJ a) (73 CU U aJ V) QJ aJ aJ 4-- 0 4-0 a s_ CU O 0 vl - o roduct not a waste ro 0 v N C 0 .N V) 0 E 0 a) 4-0 a) cz 4-• 0 C a) U C IV 4-0 0 U ulations. For those additiona a) Cll .v 0 a--+ v E L_ co 0 a) a) 0 0 4J O p CD LU w4 C 0 v v) C 0 C E CD a) (f)I 0 0 approve protective unrestricted use constituent concentrations. 171 • • U U. C VI CU 4-1 CU 4-1 Mtn V) 0 4-0 C ._ rti C O . CI CO OA rit CU - co N 0 0 U U CD 4- CU C O .,... 4.0 in a) on •, 0 on O 4_, V D O 0 tO -4--) V sio 0 It a) a) • n O a a) 4J O C a) C O a E O V L.?' en E •a a) mc a) O rts tn O a (Tiin -O V) rti U a) ft L. as N O On • 4-1 0 4 — VI -1O O,�J V a "1/44..) 0 a E O V v v W C N O O O_' E to O = Li on a) V) on O 0 a) n.4., ..c.„ 14- 0 r C . I. O U a) -o a) N • C ii CD on .C 473 a) E a) C 0 A a w C ^n L 1 O O � V IE _, L V V) O O 4'' a •V L N O O V L- C 0 n N . .0 a) al in c a) 4-1 ) in a E O u 76 L a) E E O V ► Liquids from the Digester are treated the same U, CT a) ro c L tin c) ocu tn O 00 w � CL. ID O 4) V •'- eq @ V > • o n E a) L . v% ) '.4.--) in O O Co ....) ”-- a oa ra As. rea) v) 4J a) 0 n3 c On E a) ce o •o N L. O •5 .0 V 0 c C 0 4-1 L •C (13 fa a) a E o c u CDPHE and CDA Criteria for Unrestricted Distribution Heartland Biogas of Compost and Soil Amendments Liquid Soil Amendment Maximum Constituent Concentration for Compost Data from the North, South, CAL Sold Or Distributed For Off -site Use (dry weight basis)1,2 Lagoons from May through August 2016 Maximum Allowable Level I LSA Concentration v a 401 4J -6 C O C II -0 C -6 C 3.4 to 4.4 "6 C 17 n.d. O C -O C O N r -I O 4-, ri cid Ql O O 3 (MPN/4g) 0 to 2.82 .71- rnm o oLn O o O (N o o O CO to z a 0 0 O in C 4) 4-0 7-0 In C O u IInorganics (mg/kg) U0 C til I Cadmium v a a U Lead Mercury I Nickel E - v VI C N fC u OQ 0 CB IFecal Coliform CC O Salmonella sp. bacteria cc ✓ � U v_i lD C LL O _" bA > C a) CU QJIT) 0.0 03 CO 2 a) *5; ▪ O co co a O -Cu C f0 fcr (B � •— O a) - 1474 ▪ U fU a) 2 • a) Q L U ft rr N LL = C C N a) a) E N O l > ro C w C- R3 O Cc N a OD = C U ,C -4J L n a) 0 o a- C 4- E `CO cw ro a v � a) a) 0 r -I Q 4-1 C6 N • N 0 Q ' a U O O � � U Conditioners N CU a) .47 LL C O 0 U' aJ U s- 0 Co C 0 U a) a C a) L C U_ be Q O C L f3 0 ro O U N U, O E O C 0 C0 v Q rC +-, fo d N O 4.J C C) E two C) E Q • , ,....„ tir) -wo • p CT E O . 7, q__. •„... 43 (1) a..r a 03 Q rci Ii 2 N 03 (0 L c O c E co E E O aj u -C N 4-) • O _c I L co N E t'S N -v 'n 4) ''— 4w O m v) a) in•i ro lo A ► The difference is that LSA is : (li co th co 4-1 C a) E a) L •I. Cr a) u (ts . r. a) a) a) E O II 1O 4U C a) a) u v) A amendment _Q C ocs 0 V criteria of both a' 'F, O a E O 4J 40 O E O .I I a) C O a) u in A w a_ 0 V >, O 2 a) ID I' co 4-) C O ICU on on C • L. ID a) co O a E a) N O a 4-) O -o on O O . r ...J co occurred in 0 Q) a -J on `Q - O 4 0 Q) E L v 0 O - 4J rcs u o 0 O Q.) a N L C N CO 4-j CO N L2 a_ 3 0 O . 3 N N u C O O ✓ O N a--' M N c- O O O 4- .E E O 4- (13 1O U U .4J M co -Cu D C O� ao f-' 0:5 CL N 0 =V A Data supported the efficacy of the LSA to the CDA as a productive soils amendment J O in v - C O C CT N N E O L os J ▪ 9- L O can L- C L- Q) a (75 0 L.) • U, a O U L 0 E ozs N co a) ro D Q) Q) N O ro N 00 U v.417 V N Q) r' a' L.17 M N C � U G.) 5 v N a- J C) A A c O O O v C 1- O (O N W O_ 0 s L C �--� 5 on O- cv CL Q. fa C C a)2 E 4) a) a) E g o 4-5 N a O U ft `+-- 0 a,o o = Vv a) (7-s tr) ._C 7:3*— 4-) E v v Q) a_ E 4 N U a Q) L 0 O = a o C �.1,7 J a) N }' Q) v M (0 v U L N Q) rt5 C > ▪ D (L3 C 0 n yr A Q 0 V o- n .o o ° •4- -) D v O- = J O U O M av C _O Os o L N_ Df1 C v � Q) Co Oa) c o -O C C O r� C 4-) o (7) C) N w'En = QJ 0 U -o _O _O O N Cta U f(T v v o N U N C N u L 9 QO A At that time the CDA stated that the LSA could be distributed. Beneficial use vs. BUD are two different things and are confused A Y COLORADO Q D V Department of Agnculture Art 1acnw II)* 000I7H RALPH DALLY Y • rI ire" <Ar — ^ F'= �r. = 'C Z er — IEARTLAND BIOGAS LLC .car. AM' u.u_n,. L — Fertilizer Ma'ijidttmery It) 0 August 09.2016 O 9- 4J C L O L O J on 0 C 12 C) I V 4- W V O C 0 on Q 773 Da o O O rl a r\ oo m ri .7r cc Sri r-+ Ln Cr)- r+ N Ln ri Ln r; ,-i m m ri •ct m o Ln O O O ri O m o O Average 1--I r� o r� lD ri 679.29 2350.00 Q1 vt m co r -I ri N Ql co t-i N ri r� 6 Le. r-i m LD 6 ' N c Ln O N N rt m o0 m Maximum Value O o N N O O o r1 o O N m Ln 00 in O Ln m N lD O N CI ('ri 00 CM r Jl r-i 00 tll Minimum Value O N 1--I O Cr O N rl lD d Ql v CO ri o 'm- I m N co mod lD 00 N Unit of Measurement E E E OD EEEEEEE OD OD Ci0 OD OD OA Constituent Ammoniacal Nitrogen (NH4) IOrganic Nitrogen Total Kjeldahl Nitrogen (TKN) IPhosphorus E .3 tm O a rIA 4- �) o L IManganese c N a a o V E O L C O O On J on O 4J O C� (.0o L ▪ L N vv L a_, E O L - on QJ 4-0 u +-) tn uo a ro a N .4--/ C N C) -Q a) r� C) H C O v) as ) tn a O V .O 0 N C • p a) V C a) ' E . a) a w a tn 0 p fa L 0 O V a) 4J L a) C v) L a) E as 4- 00 a) L 00 a) L th a) a) as C a) a) E Q ° � U 0 C 0 .a ai .4.4 ib a) L U 0 a p a) co a) 0 V a) u L a 0 C v E L a a U O L n a) v) C• (a 0 t2 a) C as 4J On L 4.1 on L fa 4-) vl a) E 4- a) u L •a) L °' a -2 x M a) a) a) 03 a)a) v, a) a) F- H LSA has been applied on several fields and various crops (corn, alfalfa, triticale) fa v L fa E O L 4- 10 a) C .a ra .6-J so E.D. C ro 77) F O N v) b t 4-1 • a) r.fa u a) a) is E a ED_ 0 fa 'CI fa fa Q v) C J0• on 4J C MI 'v, a) c o cu c o P 0 fa if u a) o 3 VI O > 0 U 0 a LA ea v L a) .C 4-1 fa N ro OD o a) as s LC a) 3 0 0 c 0 . fa u a a as Q c/1 J EP v1 a) On on v1 fa 0 al Q J 0 a) C fa 10 N a)7:3 a) .O C ac a).L a) a) a --r U, C a) c O c on L 0 a •C _ 4 a) fa '„ a ra .0 _0 L C fa - CL Ca. c 0 . 2 fa U a a fa fa 4• J a.% 0 a 0 a) on fa L U ro vi a) m .� -o a) a) 3 A A A A A A r./r>r z..lw}-..f . J^' � }�#rw'Yr Jf" f -7r__ _ -r r -S.- -T,Lr i..rrfr. -�r RF r. _.f' sfecc } �s r t r �frs . ar .+. i YJa __ f -x: v rw 4lJ:O? f a --r `- .. r• AcrF -'4 .�._- •t fi +t r x.-'l:r; Z`s trrr.7� - �'� .fit ?✓.f wC _ }'. W .crTjf'.e fi r.r ,}w� ir..F.w�✓f rx-% rrw. .11..Y_*:_J�f J._.'YA::<�✓l.'pv_r /: :�Y r[ -.r YT: C ea n� W ra vi v J co a �O O .0 - V i d N• 4- 4- N- _ (U v > O s m 4.1 O O O� C E L > tts 4'14 C)= Q) O= -a 4-► a ra E O fl tri r p r 'wdi. G-Nitcf;r 'r r !- ri��..f l�-'�iY iy ylY R. ri -1t Fi.£r il• rFs Tr • •-/-4:70--- tt r. err m,- , . yam' :rr� ,A y.�fy l'Y.t�Yr.4.'�'��J��S��Jf ��Jr�I� �6T.�1Jt�%TJr��`•r JYl�� _fJ fJrJ_1JY rrtrjYr f{s• 8.+yf ,,j rm-ft's �Y': �. "" ▪ > sLi r`.+s s.e✓.+zr_L �ij'T ..T.xwvv J-rr ». YIFF f- _:l�.ir �_t s c lit rx{i .r .: JT -- ''c ."7.77* t: wcesx - f r rf—t - f 2 -,_r -r .sa , ...arc.- ' lyr N a) E (13 N N 4J N v a ca N v° 0 >' -a 4-J C (:$ co Q- o L 4.1 L-- U O N O E O O N 'i (U v v4-' " o (13 U U N CU (1) 03 4-0 CU 5- C i O 5- 0 E 0 N a) >b% E E C/1 LSA are products 4) M 0 n on O L 4J co a 0 L U 4--J C L CU Li- - • r L O N rci N a--) M- O 4-1 C O = _ f1 N = U On U VI O 7) d •i).4) 0 CC C a cu (e N CL)E c on • r r O L V) L C u, on ra No QC.) Q CU canJ OcN distributed in accordance with CDA- coCa D ra U cc - V ocs ten O a H A A A A C .O ro L N • r on a) L -o re al W O L a 03 A "beneficial use determination" for a material that • r 0 co L CU on C O 0 C C re v a --1U L .r D Q' O CL) L- 0- 4-1 0 C O N O 0 r m co 4.J tin O 4-1 E a) •r. 0- 2 N aj v m E 3 Conclusions ► A dozen growers have utilized LSA on their lands. U L 0 3 (0 a) L a) O. v; lit L E al c4 - V (0 0 VI ✓ a .O -CI 4_0o V C v v C. o s ✓ -o •.- C00 N � 0 ID U M cm a a re, O O 0 c 2 a c o Q) L a) U Oy in is ra N Q J 4-A C a) (10 VI V) 4J a) > 0 a a) > r0 s 4J U -Q 0 a 0 0 VI 0 .g- 4.) U a a ro CU U N I N C 0 . 03 U a. its a L U 0 4-J L ft on v There is an emerging market for this organic natural product. Hello