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Home My WebLink AboutJustin Cranney1 Chris Johnson From:Justin Cranney <JCranney@hawleytroxell.com> Sent:Monday, September 17, 2018 5:44 PM To:City Clerk Subject:Application H-2018-0042 [IWOV-IMANAGE.FID944153] Attachments:11307592_1_Timber Creek 7-9-18 AQ Complaint Tracker.PDF; 11307591_1_RE_ Timber Creek Recycling violations.PDF; 11307590_1_Complaint.PDF; 11302794_1 __P182785 - Police Report (DR#12-85102).PDF; 11296355_1_Timber Creek Recycling_Redacted - Meridian PD Report 06_05_18.PDF; 11296351_1_Request - PRR to Records 08_13_18.PDF Dear City Clerk, Will you please add the attached to the record for the above referenced Application. Thank you JUSTIN CRANNEY Attorney direct 208.388.4837 fax 208.954.5934 email jcranney@hawleytroxell.com HAWLEY TROXELL Attorneys and Counselors This e-mail message from the law firm of Hawley Troxell Ennis & Hawley, LLP is intended only for named recipients. It contains information that may be confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. If you have received this message in error, are not a named recipient, or are not the employee or agent responsible for delivering this message to a named recipient, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify us immediately at 208.344.6000 if you have received this message in error, and delete the message. Please consider the environment before printing this email. Kelly Herb q�-31 In(ki From: PRR Sent: Monday, August 13, 2018 3:22 PM To: Records Cc: Dwain Nell Subject: City of Meridian New Public Record Request - PRR 18-1369 #receive FROM CLERK Public Record Request PRR 18-1369 has been changed from the City Clerk's Office to the MPD. Please review at your earliest convenience. Request Date/Time: 8/13/2018 PUBLIC RECORD REQUESTED BY: Name: Justin Cranney Organization: Hawley Troxell Address: 877 Main Street, Suite 1000 Boise ID 83702 Phone: 208-388-4837 E -Mail: ' ca ranneyAhawleytroxell com Preference: Internet Fax: PUBLIC RECORD REQUESTED: Request Dept: Police Details: Please provide copies of all reports prepared by Code Enforcement relating to Timber Creek Recycling, LLC real property located at the northwest corner of Locust Grove and Columbia Road. Please produce reports that fall wii the following time frame: 2009 to the present. Documents responsive to the above request can be emailed to the provided address. Thank you for your assistance. I Officer Reporting: Ami Nunes ALT ID: CEINV-2018-01474 Date: 06/05/2018 Address: Incident Topic: G - Nuisance/Other MERIDIAN POLICE DEPARTMENT DEQ Intranet Enter Complaint ID Complaint Tracker Add Complaint Search Complaints Edit Complaint NOTE: Complaint Tracker is on a new server (you have been redirected here from the old one). Please update your bookmarks to this new address (http://apps/admin/complainttracker) as the automatic redirect is temporary. Complaint Id: 5%59 Complaint Date and Time (Mountain Time): 6/5/2018 10:08:00 AM Complaint Recorder: Ryan, Kevin Office: Boise Regional Office • Subject General Agriculture Air Ground Water/Remediation N r Odor Other Drinking Water Air Stationary Source Fugitive Dust Open Burning Odors Other CRB Water WLAP Drinking Water Other 1- 1 Ground Water ' Waste Water Waste RCRA F Solid Waste UST/LUST Remediation Other Referral from ISDA ; IDL IDWR USFS BLM I ACOE Tribe City/County Health District Other EPA i Referral to ISDA : IDL IDWR USFS BLM I ACOE Tribe City/County Health District Other EPA (- Complainant / Complainee - Keep Anonymous: Enforcement Confidential: R mplainant Complaint Against: Timber Creek and Mr. Murigtio Complainant FULL Address: Corn pl�Phone: i L— [Probtem Problem Description: 0113Wndicated that there are large piles of waste that are contaminating the water within the canal that runs through Murgoitio's site. 1 Problem Location (address, directions, etc.): 43°32'10.44"N, 116'22'31.08"W (Columbia and Locust Grove) Notifications - E-mail addresses to notify of changes or updates _ NOTE: By default, regional administrators automatically receive a copy of all a -mails sent for their region. Kevin.Ryan@deq.idaho.gov Response(s)----- Responder Name: Ryan, Kevin Date: 6/6/2018 6:59:11 AM Response: DEQ staff visited the Timber Creek Site on June -5-2018 at approximately 2pm. after meeting with Mr. Murgoitio and getting permission to investigate the area of the complaint. DEQ Staff proceeded to the area of the complaint (between wood piles and the canal) and walked the length of the canal for which the wood piles bordered. There appeared to be a berm that in some areas separated the wood piles from the canal. there was not visible material entering the canal, no discoloration of the water, foaming, or other signs that the wood piles were impacting the canal. DEQ staff documented the observations with photographs DEQ staff left the site prior to 230pm. Add Response: l Conclusion(s) iConcluder Name: Ryan, Kevin Date: 6/6/2018 6:59:11 AM Conclusion: l DEQ staff will cal o c Add Conclusion: rOpen / Close Complaint I CompWnt status: 16Dsed • File(s)-- 636638650539646625--IMG_20180605-135044.zip Add File: Choose File No file chosen Upload I Note: you must browse to the fife and select it. Do not just paste in a path. Note: Supported types: TXT, DOC, XLS, DOCX, XLSX, CSV, PDF, JPG, GIF, BMP, PNG, ZIP, RAR, 7Z Contac: He(-) Des, e. Copyright ® 2018 State of Idaho, All rights reserved. 2013.10.10.2 From:Patty Hagler To:Kevin Ryan Subject:RE: Timber Creek Recycling violations Date:Wednesday, May 30, 2018 9:02:34 AM Attachments:image002.png image003.png Thank you for the information. Sorry for all the questions, but we are all trying to catch up and understand both the production process and rules governing this type of industrial operation. Many more neighbors are banding together now and plan to have a meeting, so I want to communicate correct information. Patty Hagler | Director, Global Channel Operations o: +1.208.908.4358 | c: +1.208.407.8715 | phagler@cradlepoint.com From: Kevin.Ryan@deq.idaho.gov [mailto:Kevin.Ryan@deq.idaho.gov] Sent: Wednesday, May 30, 2018 6:04 AM To: Patty Hagler <phagler@cradlepoint.com> Subject: RE: Timber Creek Recycling violations Patty, The rules are for solid waste onsite at any given time (does not include finished product). DEQ has contacted the City of Meridian regarding our approval process and rules. DEQ has also indicated to the City that there are numerous concerned neighbors. Have a great Wednesday, Kevin From: Patty Hagler [mailto:phagler@cradlepoint.com] Sent: Tuesday, May 29, 2018 3:51 PM To: Kevin Ryan Subject: RE: Timber Creek Recycling violations Thank you Kevin. To clarify, do the quantities in the rules refer to annual compost production or amount of compost product on site at any one time? <300 yards, BRC 300-600 yards, Tier I permit required >600 yards, Tier II permit required Also, will you be contacting Meridian City to comment on the application since it involves composting production for commercial use? Thanks, Patty Hagler | Director, Global Channel Operations o: +1.208.908.4358 | c: +1.208.407.8715 | phagler@cradlepoint.com From: Kevin.Ryan@deq.idaho.gov [mailto:Kevin.Ryan@deq.idaho.gov] Sent: Tuesday, May 29, 2018 3:17 PM To: Patty Hagler <phagler@cradlepoint.com> Cc: HumbertoJr.Fuentes@deq.idaho.gov Subject: RE: Timber Creek Recycling violations Patty, DEQ will look into Timber Creek’s current practices to determine if it matches with our understanding of what has been indicated in the past. Past uses included incorporation into fields, animal bedding, and sold commercially for mulch and plant bedding. Have a great week, Kevin From: Patty Hagler [mailto:phagler@cradlepoint.com] Sent: Wednesday, May 23, 2018 12:14 PM To: Kevin Ryan Cc: Humberto Jr. Fuentes Subject: RE: Timber Creek Recycling violations Hi Kevin, Thank you for your response. I apologize for my confusion, but attached is the application submitted to Meridian City to drastically expand this operation. We received notice of public hearing to be held June 5. I am confused why DEQ is not listed as an agency if the proposed operation will require a permit and public input. In addition, although this operation began under the premise that it was agricultural use, it has expanded beyond that with no public input and no official change in permissions. That is what I am requesting be investigated. As you can see on page 5 of the attached application (Narrative, Section 1), they state that they are selling the recycling products wholesale. In the neighborhood meeting it was stated that they sell to retail outlets like Home Depot and Lowe’s which are certainly not agricultural applications. The volume they receive from Ada County landfill and many private contractors has increased significantly in the last year, and I can assure you that the portion of product used for agricultural use is very minimal as I live in close proximity to those operations. Thank you, Patty Hagler | Director, Global Channel Operations o: +1.208.908.4358 | c: +1.208.407.8715 | phagler@cradlepoint.com From: Kevin.Ryan@deq.idaho.gov [mailto:Kevin.Ryan@deq.idaho.gov] Sent: Wednesday, May 23, 2018 8:55 AM To: Patty Hagler <phagler@cradlepoint.com>; HumbertoJr.Fuentes@deq.idaho.gov Subject: RE: Timber Creek Recycling violations Patty, Thank you for the Email. Currently Timber Creek Recycling does not have a “permitted” solid waste facility at this time. Timber Creek’s current operations fall under agricultural use (Idaho State Department of Agriculture) and are not covered by the solid waste rules. DEQ also understands that Timber Creek creates mulch (sold to other entities) and cattle bedding, which is not regulated under the Solid waste rules. DEQ’s current understanding is that he is proposing to begin a pilot study for composting (leaves and grass for non-agricultural use) as a below regulatory concern (BRC) facility (less than or equal to 300 cubic yards onsite at any given time (this operation would be regulated under the solid waste rules). This would not include finished material or materials used in his AG business). A BRC facility does not require any submittals to DEQ (although a BRC facility is required to keep records of the volume and materials onsite). DEQ has requested a submittal for the pilot process (if he moves forward with it) and details regarding keeping the AG and composting operations separate. Timber Creek is also proposing a Tier II processing facility. A Tier II facility can process over 600 cubic yards of material. This process will require a site certification (including a public comment period) and an operations plan. The operations of Tier II facilities are overseen by the health districts and typically have yearly inspections. I also talked with JR and if you observe, an excess fugitive dust event, contact him at 373-0310 and log a complaint and he can investigate. DEQ has not received any submittals from Timber Creek Recycling at this point, but please feel free to contact me to check in. To obtain the records, you will need to do a public records request. I can help you through the process if you would like. From: Patty Hagler [mailto:phagler@cradlepoint.com] Sent: Tuesday, May 22, 2018 1:28 PM To: Kevin Ryan; Humberto Jr. Fuentes Subject: Timber Creek Recycling violations Hello, We have discussed the Timber Creek Recycling operation at 7695 Locust Grove Road, and I understand the permit requirements depend on the volume of composting produced annually. I also understand that this operation does not have a permit, which means they can’t be composting over 300 cubic yards/year. I know that they have expanded their production significantly, and I would like to request that DEQ verifies their annual production to determine if they are in violation. I also understand that the dust permit requirements are dependent on the type and size of generator used to grind materials, and based on the increased production, I would like to request that DEQ verify that the equipment in use is not in violation. Also, has this operation applied for any of these permits, and if so, can you please send me a copy of their applications? Per the attached hearing notice, they have applied with Meridian City to significantly expand their composting and also want to add crushing and grinding of stone, asphalt, etc which will likely be a significant increase in dust and odor pollution. Thank you, Patty Hagler | Director, Global Channel Operations o: +1.208.908.4358 | c: +1.208.407.8715 | phagler@cradlepoint.com Edit Complaint Keep Anonymous: {'; Complainant Name:' Nicole Bror\rn http : //apps/A dmin/Comp laintTracker/Comp laint/Com plaintl 5 97 26 DEQ lntranet Enter Complaint ID e*n:plair:t Fraek*r Add Cmplaint Search Comptaints Edit Comptaint Comptaint Tncker is on a new seryer (you have been redirected here from the otd one). Ptease update your bookmarks to this new address (http://apps /admin/complainttncker) as the automatic redlrect is temponry. comPlaint ldi 59726 comptaint Date and Time (Mountain Time): 719l2O189t53too M Complaint Recorder: Luft, Dave Office: Boise Regional Offie Enforcement Confidentiat: , : Comptainant FULL Address: Comptaint Against:' Tinlce! Creek Recycling ?695 S. Locust Grove Meridian, Idaho 83642 Complainant Phone: (208) 860-1010 (208) 887-8546 Probtem Description:' the noise and dust from todays activity at Timbercreek Recycting? The noise woke me just after 7 am this morning and has be going off and on att day with dust blowing east and south from both the debris being moved as we(t as the chipped bark being ground and moved around. Probtem Location (address, directions, etc.): Timber Creek Recycling 7695 S, Locust Grove Meridj.an, Idaho 83642 E-mail addr$ses to notify of changs or updates' (at le6t one NOTE: By defautt, regional administrators automaticatty receive a copy of att e-mails sent for their region. General l.l Agricutture Ur ir ii Engineering: Groundwater/Remediation a: Surfacewater il Odor !: Other ar DrinkingWater Air |] StationarySource )Z t|,,i]r\,. rl|..r tr OpenBuming = Odo6: Other [l CRB Water f-l WLAP 1 Drinkingwater ! Other: Surfacewater.: Groundwater il Wastewater Waste i:i RCRA i- sotidwaste .l UST/LUST :: Remediation i i Other Referral from l.l |SDA :l IDL i-i IDWR ri UsFs i.J BLM tl ACOE .: Tribe .- City/County l.i Hea(thDistrict ai Other i-r EPA Referral to t-l ISDA ll IDL li |DWR rr USFs Lr BLMi'l ACOE ii Tribe City/County il HeatthDistrict ar Other ll EpA hum bertojr.f uentes@deq. kiaho.gc Q og David.Luft @deq.idaho.gor/ kevin.ryan@deq.idaho.gov 1 of2 8ll7/2018,10:12 AM Edit Complaint htlp: / I apps/ Admin/ComplaintTracker/Complaint/Com plaintl 597 26 Add Response: Concluder Name: Fuentes, JR Datei 7 11212018 1 0:1 0:09 AM conclusion: I (JR Fuentes) conducted an on site fugitive dust comptaint investigation on7 19118. Upon arrivat at facitity I observed some dust being generated from toad out of material from front end toader to semi tractor trailer, The dust was minjmal and was not crossing any property boundaries. I observed the load out approximated 30 yards to the west of the activity on S. Locust Grove Road. Next, I drove to the South side of the facility and main entrance on Cotombia Road, I observed a targe water truck parked at the entrance; the main entrance road and the entire frontage of the facility entrance was obseryed to haye been recentty wateTed. No fugitive dust was observed from haul road traffic or traffic on facitity grounds. Add Conclusion: / Ctose Comptaintstatus: Closed Add Fite: Browse.,. No file selected. 9glg99'.j Note: you must browse to the lile and select it. Do not just paste in a path. Note: Supported types: TXT, DOC, XLS, DOCX, XLSX, CSV, PDF, JPG, clF, Bll,P, PNc, ZlP, RAR,7Z /#lr !ffirl..t1, r-r {-_ - i (ritioL I riILp l}-;k Il 1-) irrl rn.i ',i. r,lil i Lli'i,;1, i rr.,l.,,\li! i)l Ll \?{,1),,r1'. r'1i1 ,.,r\. 1 ,(i1 .. ro iir.i 2 of2 811712018,10:12 AM HHAWLEY TROXELL: JUSTIN T. CRANNEY ADMITTED TO PRACTICE LAW IN IDAHO EMAIL: JCRANNEYQHAWLEYTROXELL.COM DIRECT DIAL: 208.388.4837 DIRECT FAX: 208.954.5934 September 18, 2018 Meridian City Council 33. E. Broadway Ave. Suite 102 Meridian, Idaho 83642 A'rTORNEYS AND COUNSELORS Hawley Troxell Ennis & Hawley LLP 877 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701-1617 208.344.6000 www.hawleytroxell.com Re: Timber Creek Recycling, LLC Request for Amendment to Development Agreement (H-2018-0042) Dear Mayor de Weerd and City Council Members: This memorandum supports Timber Creels Recycling, LLC's ("Timber Creek") Application for Amendment to Development Agreement (H-2018-0042) ("Application"). At the July 17, 2018, public hearing, the City Council requested that the proposed Amended Development Agreement ("Amended DA") be revised to remove the provisions that were no longer applicable and to address the items that are enumerated in the Memorandum, dated September 11, 2018, filed by the City's staff. While staff has noted in the Timber Creek has addressed these items in the Amended DA, Timber Creek desires to add greater detail to the revised terms and the negotiating of the Amended DA. 1. Section 5.4 — Retail Sales. At the last hearing, Timber Creek was open to removing the retail language in the Amended DA. However, as there seemed to be little opposition to permitting Timber Creek to operate a small retail area to sell the Recycling Materials, Timber Creek has left the language in the Amended DA which will permit Timber Creek to have a small retail space on the Recycling Property, subject to the limitations included in Section 5.4. 2. Section 6 — Conditions and Limitations to Recycling Activities. Timber Creek listened to the City Council and the public at the last public hearing and has attempted to mitigate the impact the uses permitted by the original Development Agreement, even though not 55663.0002.11359876.1 September 18, 2018 Page 2 at issue under the Application, and the intended composting could have on neighbors. Following completion of the initial draft of the Amended DA, Timber Creek met with the City to discuss the proposed language. As a result of that meeting, additional revisions and clarification were made to Amended DA to address the issues and concerns raised by the City. A copy was then sent to Joshua Leonard, attorney for some of the neighbors, and a meeting scheduled. Mr. Leonard cancelled the meeting but he and counsel for Timber Creek met after the neighborhood meeting on September 5, 2018. The only suggested revisions raised by Mr. Leonard were to Section 4.1 (clarification of language), Section 6.2.1 (clarification as to when an odor management plan was required), Section 6.4.2 (any height approved by Meridian Fire Department to be in accordance with applicable code), Section 6.9 (revise to permit public hearing/public comment to review by City), and Exhibit C (add additional line of trees to western edge of Recycling Property). Timber Creek made all of the requested revisions except to Section 4.1 as this was language not applicable to the Recycling Activities or composting. Additionally, as a result of the neighborhood meeting, Timber Creek agreed to add a clause requiring Timber Creek to set up a telephone line, an e-mail account, or other means to allow the neighbors to submit complaints to Timber Creek regarding Timber Creek's operations. See Section 6.7.4. 3. Truck Limitation — Section 6.6.3. Under the original Development Agreement the number of truckloads of Recycling Materials was limited based on the Recycling Material (e.g. twenty (20) truckloads of wood per day). In lieu of the limitation per Recycling Material approach, the permitted number of trips allowed under the original Development Agreement were totaled and a truckload limit imposed generally on all Recycling Materials. Section 6.6.3 retains the intent of the original Development Agreement to limit the number of trucks bringing Recycling Materials to the Recycling Property but adds additional clarifying language as to what constitutes a "truckload" and what traffic does not count against the truckload limitation. 4. Development of Adjacent Property — Section 6.8.2. Timber Creek is still willing to cease Recycling Activities on the Recycling Property when natural development in the City of Meridian occurs within 1000 feet of the grinder on the Recycling Property. To keep with this spirit, and avoid having a property owner within 1000 feet subdivide and get a certificate of occupancy solely to trigger Timber Creek's obligation to cease operations, Timber Creek has added requirements to ensure that any development within 1000 feet is part of natural growth. Objections have been raised to require this triggering event to include a certificate of occupancy from either the City of Kuna or Ada County. Timber Creek is unwilling to adopt this requirement for the reasons stated above and to avoid having to monitor land use activity in other jurisdictions. 5. Conclusion. While the staff continues to recommend denying the Application, Timber Creek has taken all reasonable steps to mitigate potential impact to adjacent properties and ensure 5 5663.0002.113 5 98 76. 1 September 18, 2018 Page 3 compliance with DEQ for the requested composting use of the Recycling Property, Timber Creek respectfully requests that you approve the Application. Sincerelv HAWL Justin Z JTC: & HAWLEY LLP 55663.0002.11359876.1 NO R T H Checked By: Drawn By: Project No.: Designed By: ww w . t e t r a t e c h . c o m MA R K DA T E DE S C R I P T I O N BY 1 A B C D E F 2 3 4 5 6 7 Co p y r i g h t : T e t r a T e c h 25 2 5 P A L M E R S T R E E T , S U I T E 2 Mi s s o u l a , M o n t a n a 5 9 8 0 8 PH O N E : ( 4 0 6 ) 5 4 3 - 3 0 4 5 F A X : ( 4 0 6 ) 5 4 3 - 3 0 8 8 SHEET NO. en g i n e e r i n g 30 5 0 N . L A K E H A R B O R L A N E S U I T E 2 0 1 BO I S E , I D 8 3 7 0 3 (2 0 8 ) 5 7 6 - 6 6 4 6 RLEGEND E COLUMBIA RD S L O C U S T G R O V E R D 1 09 - 0 5 - 2 0 1 8 4-18113 ML BB TP TI M B E R C R E E K R E C Y C L I N G CO M P O S T F A C I L I T Y S I T E C E R T I F I C A T I O N -- - - PR O P O S E D S I T E P L A N 1 1 2 KEYED NOTES: GENERAL NOTES: 3 DRAFT 5 4 6