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Environment and Division of Mineral and Geology Have a Memorandum of Understanding <br />requiring that mines and their associated uses aze and will be maintained in substantive compliance <br />with public health and environmental regulations. in addition, Grand County permits landfills only <br />after special review and approval by the Board of County Commissioners (Section XI, 11.1 (2), <br />11.2, 11.3 and 11.4, Grand County Zoning Regulations). In addition, 1041 Authority grants the <br />County the ability to adopt regulations specifically for landfills and this action may be considered <br />by Grand County to ensure environmental impacts of this use is properly mitigated. On a regional <br />level, the landfills would also have to comply with 208 Water Quality Requirement. The County <br />will also require a Certificate of Designation authorizing the new landfill. <br />The County believes that the Company has been utilizing the .17 acre landfill site with no <br />oversight as to the material being deposited. Grand County and the State have no records that the <br />standard soil and water quality monitoring tests, specifically related to landfills, aze being <br />performed. No analysis is provided that reveals that the landfills are structurally or <br />environmentally feasible, which only raises issues, concerns and questions. Are the soils and <br />geology appropriate for the landfills? Is a liner being proposed with the new landfill and what <br />type? What types and amounts of materials will be landfilled? Will proper capping methods be <br />followed at the time of closure? Are proper leaching controls being implemented? Are monitoring <br />wells being proposed below both of the landfills? Is there a 30 year post closure financial <br />obligation being required? The latter is pazticulazly important because it is a mandatory post <br />closure requirement. TR-12 should not be considered until a detailed feasibility study which <br />addresses the water quality, structural, operational and financial issues which may arise because of <br />this scenario is submitted for review. In addition, TR-12 should not be given further consideration <br />until local land use approvals and permits aze granted, and the landfills are in substantive <br />compliance with applicable State public health and environment regulations, as required by the <br />Memorandum of Understanding. <br />The Company agreed to comply with all necessary permitting applicable to <br />landfills and process the currently proposed Technical Revision as a Permit <br />Amendment for the new 7.5 acre IandTill. The new landfall does require <br />Certificate of Designation 6y Grand County and an approved special use <br />permit. At the time the new landfill Amendment is to 6e considered the <br />Company will provide a feasibility study, which addresses the water quality, <br />structural, operational and financial issues, design and engineering, a geo- <br />technical analysis and other support documentation (i.e., a 30 year post <br />closure plan). It is proposed that the existing .17 acre landfill continue to be <br />utilized as part of reclamation. Grand County, nor the State of Colorado <br />have record that this landfill is in substantive compliance with public health <br />and environmental regulations. It must be required of the Company that <br />they provide the State of Colorado and Grand County with evidence that the <br />.17 acre landfill is in substantive compliance as required. <br />At some point in the not too distant future the Company will close the site due to mine <br />Page 6 of 9 <br />