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III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />Roy Romer, Governor <br />Patti Shwayder, Acting Leecutive Director <br />Dedicated to protening and improving the health and environment ollhe people of Colorado <br />FWARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION <br />4300 Cherry Creek Dr. S. 112 5. 6th Svee4 Room 132 <br />Denver, Colorado 802 2 2-1 530 Grand Junction, Colorado 81 5 01-2 768 <br />Phone (303) 692-3300 Phone (303) 248-7764 <br />Fax (303) 759.5355 Fax (3031 148-7198 <br />September 14, 1995 <br />p4. Cow <br />ti~ 9 <br />„~'~ \~~ <br />"rave <br />t,AI017d0 Department <br />of Public Health <br />and F~vironment <br />Mr. Mark Gebhart F~CI;~I~IFf ~J - <br />EI Paso County Planning Department <br />27 East vermijo SEP ~ 8 1995 ~ <br />Colorado Springs, Colorado 80901 <br />Ivlslon or mu)erais is ueoloyy <br />Re: Application for Certificate of Designation <br />Daniels Sand Pit #2 Transit Mix Concrete <br />Sections 2 and 3, Township 15 South, Range 66 West, Sixth Principal Meridian <br />EI Paso County, Colorado <br />Dear Mr. Gebhart: <br />The Hazardous Materials and Waste Management Division of the Colorado Department <br />of Public Health and Environment (the Division) has reviewed the above referenced <br />document. The document was submitted to the Division by the El Paso County Planning <br />Department with a cover letter dated September 9, 1995. The cover letter indicated that <br />the request for a certificate of designation would be heard at the El Paso County <br />Planning Commission on October 17, 1995. <br />The application identifies the site as a sand and gravel mining operation covered under a <br />reclamation permit (#M-73-0007) issued by the Colorado Mined Land Reclamation <br />Board. The proposed operation includes disposal of materials generated off-site. <br />Section 30-20-102(4), of the Solid Wastes Disposal Sites and Facilities Act, C.R.S. 30-20- <br />100.5 et-sea (the Act), states "... any person who is engaged in mining operations <br />pursuant to a permit issued by the mined land reclamation board or office of mined land <br />reclamation which contains an approved plan of reclamation may dispose of solid wastes <br />generated by such operations within the permitted area for such operations. For the <br />purposes of this part 1, such solid wastes disposal site and facility shall be an approved <br />site for which obtaining a certificate of designation ... shall be unnecessary." Since the <br />proposed operation would include [he disposal of materials generated outside of the area <br />covered by the mined land reclamation permit, the Division is of the opinion that the <br />exception to the requirement for a certificate of designation does not apply. <br />Accordingly, the process for obtaining a certificate of designation, as defined in section <br />30-20-103 of the Act, must be followed. This process will entail a technical review of the <br />application by the Division, a public review and comment period, a public hearing and <br />other actions as defined in the Act. <br />_. ~ .. ~:_._a,___ . _ .___._.~_~~ <br />