Enclosed please find a Notice of Authorization for the Use and

Dedicated to protecting and improving the health and environment of the people of Colorado

4300 Cherry Creek Drive South, Denver, CO 80246 303-692-

3500 www.colorado.gov/cdphe/wqcd

Jared Polis, Governor |

Jill Hunsaker Ryan, MPH, Executive Director

Luke Bond

Denali Water Solutions

13760 County Road 22

Fort Lupton, CO 80621

Luke.Bond@denaliwater.com

MEMORANDUM

TO: Luke Bond

FROM: Tim Larson, Biosolids Coordinator, CDPH&E

DATE: 4/25/2024

RE: Notice of Authorization for the Use and Distribution of Biosolids

CDPH&E BMP# 2466; Denali Water Solutions site ARATIN04-EN & ES

Portions of: E2E2 Section 4 – T5S - R61W

Acres permitted = 120 acres total (dryland)

Arapahoe County

Enclosed please find a Notice of Authorization for the Use and Distribution of Biosolids for the above-

referenced site. The Notice of Authorization for the Use and Distribution of Biosolids contains references to

a number of monitoring and reporting requirements that are contained in the Colorado Biosolids Regulation,

(5 CCR 1002-64). Denali Water Solutions is responsible for the identification of and compliance with any

applicable criteria contained in the regulations. Additional requirements may be specified in the Special

Conditions section of the Notice of Authorization for the Use and Distribution of Biosolids. Please review the

document carefully.

Be sure to note requirements of 5 CCR 1002-64, Section 64.15.G.(1). Parameters required for soils

monitoring requirements as well as methods for collection of soil samples are specified in Section 64.16.B of

the Biosolids Regulation.

The generation of nuisance odors as a result of sludge application is subject to the provisions of Regulation

Two of the Air Pollution Control Commission (5 CCR 1003-4, 1973). Violations of applicable air quality

standards are subject to enforcement as provided pursuant to Section 25-7-115 the Air Pollution Control Act,

1970.

Fee payment per dry ton of biosolids applied to the site is required per The Beneficial Use of Biosolids (5 CCR

1002-64.7).

Please contact me at (303) 691-4091 or email me at [email protected]

with questions, concerns or

comments you may have.

ecc: Lynn Robbio Wagner, Arapahoe County Health

Steve Chevalier, Arapahoe County Health

Arapahoe County Commissioners

NRCS Byers Service Center

Jackie Walker, Denali Water Solutions

BMP file # 2466

4300 Cherry Creek Drive South, Denver, CO 80246 303-692-

3500 www.colorado.gov/cdphe/wqcd

Jared Polis, Governor |

Jill Hunsaker Ryan, MPH, Executive Director

NOTICE OF AUTHORIZATION PART I

FOR Page 1 of 5

THE USE AND DISTRIBUTION OF BIOSOLIDS CDPH&E BMP# 2466

PURSUANT

to the provisions of the Colorado Water Quality Control Act, Section 25-8-509 C.R.S., and the Colorado Biosolids

Regulation (5 CCR 1002-64), this Notice of Authorization For The Use and Distribution of Biosolids, authorizes

Denali Water Solutions to land apply biosolids for beneficial purposes to the property described below:

CDPH&E BMP# 2466; Denali Water Solutions site ARATIN04-EN & ES

Portions of: E2E2 Section 4 – T5S - R61W

Acres permitted = 120 acres total (dryland)

Arapahoe County, as shown on pages 4, 5 & 6 of this document.

APPLICATION

shall be performed in accordance with applicable criteria of the Biosolids Regulation, unless a variance has been

issued by the Colorado Department of Public Health and Environment, Water Quality Control Division in

compliance with the requirements of 5 CCR 1002-64, Section 64.6. The permittee is responsible for the

identification of and compliance with any applicable criteria contained in the Biosolids Regulation. For Table 1

quality biosolids, application of biosolids shall not exceed the cumulative application limits for any parameter

identified in the Biosolids Regulation, Section 64.12, Table 2.

SHORT TERM STORAGE

of biosolids may be undertaken in accordance with the requirements of the Biosolids Regulation, Section

64.13.B.(6). Storage of dewatered biosolids for a period of greater than fourteen days must be approved by the

Colorado Department of Public Health and Environment, Water Quality Control Division.

MONITORING

shall be performed for the parameters identified and at the frequencies specified per the Biosolids Regulation,

Sections 64.16.A and B. Additional monitoring requirements may be specified in Part II, Special Conditions, of

this Notice of Authorization for the Use and Distribution of Biosolids.

REPORT SUBMITTAL

shall be made to the Colorado Department of Public Health and Environment per the requirements of the Biosolids

Regulation, Section 64.17.B.

4300 Cherry Creek Drive South, Denver, CO 80246 303-692-

3500 www.colorado.gov/cdphe/wqcd

Jared Polis, Governor |

Jill Hunsaker Ryan, MPH, Executive Director

PART I

Page 2 of 5

CDPH&E BMP# 2466

SPECIAL CONDITIONS

are attached, as deemed by the Colorado Department of Public Health and Environment, Water Quality Control

Division to be necessary to assure compliance with applicable criteria of the Biosolids Regulation.

RIGHT OF ENTRY

to the application site by an authorized representative of the Colorado Department of Public Health and

Environment, Water Quality Control Division, is authorized by the Colorado Water Quality Control Act, Section

25-8-306, C.R.S. for performance of whatever site inspection, monitoring and sample collection is deemed to be

necessary to assure compliance with the criteria contained in the Biosolids Regulation.

NON-COMPLIANCE

with the conditions of this Notice of Authorization for the Use and Distribution of Biosolids may result an initiation

of enforcement action by the Colorado Department of Public Health and Environment, Water Quality Control

Division pursuant to Part 6 of the Colorado Water Quality Control Act, Section 25-8-601-612, C.R.S (1989 and

1993 Supp). Action may include revocation of this Notice of Authorization for the Use and Distribution of

Biosolids, and imposition of administrative penalties.

TERMS AND CONDITIONS

contained in this Notice of Authorization for the Use and Distribution of Biosolids are subject to revision, addition

or deletion based on any change in operation, biosolids quality or criteria contained in the Biosolids Regulation.

AUTHORIZATION

by the Colorado Department of Public Health and Environment, Water Quality Control Division does not relieve

Denali Water Solutions of compliance with applicable regulations of any other state, federal or local agency

having jurisdiction.

NOTICE OF AUTHORIZATION FOR THE USE AND DISTRIBUTION OF BIOSOLIDS ISSUED THIS 25

DAY OF APRIL

2024.

This authorization was approved by:

Tim Larson, Biosolids Coordinator

Clean Water Compliance and Enforcement Section

Water Quality Control Division

4300 Cherry Creek Drive South, Denver, CO 80246 303-692-

3500 www.colorado.gov/cdphe/wqcd

Jared Polis, Governor |

Jill Hunsaker Ryan, MPH, Executive Director

PART II

Page 3 of 5

CDPH&E BMP# 2466

SPECIAL CONDITIONS

II.A Biosolids Monitoring

Biosolids monitoring requirements are specified in Section 64.16.A of the Biosolids Regulation and shall be

performed for the parameters identified and at the frequency specified per the Biosolids Regulation, Section

64.16.A for any facility's biosolids which are applied to the site. Compliance with class B fecal coliform criteria,

if that option is chosen, shall be determined based upon the geometric mean of seven individual samples

collected within each quarter.

II.B Biosolids Sources

All biosolids, which are applied to this site by Denali Water Solutions pursuant to this Notice of Authorization

for the Use and Distribution of Biosolids, shall conform with applicable quality criteria specified in the Colorado

Biosolids Regulation. Specifically, the biosolids shall comply with the maximum allowable constituent

concentration limits for Table 1 biosolids as set forth at Section 64.12.A of the Regulation, and with the

appropriate pathogen destruction requirements for Class B biosolids as set forth at Section 64.12.B of the

Regulation. All biosolids must either comply with appropriate vector attraction reduction criteria as set forth at

Sections 64.12.C(3) through (10) of the Regulation or biosolids application shall be accomplished as specified at

either Section 64.12.C(11) or (12) of the Regulation. Submittal to the Division of a complete and acceptable

Annual Report, as described at Section 64.17.B of the Regulation must be submitted, and written

acknowledgment of the acceptability of such documentation provided by the Division, prior to the application of

biosolids from sources for which no Annual Report has been submitted for the previous year.

II.C Soils Monitoring

Pursuant to Sections 64.16.B of the Biosolids Regulation, (5 CCR 1002-19, 64), site soil fertility analyses are

required on a per application basis. For fields smaller than 320 acres, the number of core holes shall be one per

20 acres, with no single site having fewer than six core holes. Parameters required for soils monitoring

requirements as well as methods for collection of soil samples are specified in Section 64.16.B of the Biosolids

Regulation (5 CCR 1002-19, 64).

II.D Endangered Species

Pursuant to Section 64.15.A(3) of the Regulation, no person shall land apply biosolids for any beneficial use if

such application is likely to adversely affect a threatened or endangered species listed under section 64.4 of

the Endangered Species Act, or the designated critical habitat of any species so listed.

II.E Variances

This Notice does not incorporate or authorize any variance from applicable requirements of the Regulation.

II.F Spill Reporting

Biosolids spills shall be reported to the 24-hour Colorado Environmental Release and Incident Reporting Line at

1-877-518-5608, which is a Toll-free reporting line.

4300 Cherry Creek Drive South, Denver, CO 80246 303-692-

3500 www.colorado.gov/cdphe/wqcd

Jared Polis, Governor |

Jill Hunsaker Ryan, MPH, Executive Director

PART III

Page 4 of 5

CDPH&E BMP# 2466

Application Site - Topo

Approved site outlined by red line. Localized areas within the site, which may be unacceptable due to

slopes or other site specific conditions, are not shown. Avoidance of any such area is required.

4300 Cherry Creek Drive South, Denver, CO 80246 303-692-

3500 www.colorado.gov/cdphe/wqcd

Jared Polis, Governor |

Jill Hunsaker Ryan, MPH, Executive Director

PART III

Page 5 of 5

CDPH&E BMP# 2466

Application Site - Aerial

Approved site area outlined by yellow line. Localized areas within the site, which may be unacceptable due

to slopes or other site specific conditions, are not shown. Avoidance of any such area is required.