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August 31, 2010 <br />Mr. Ben Frei <br />Certificate of Designation Application for Frei-Henderson Inert Landfill <br />Completeness Review Determination: Complete <br />Page 3 <br />(2) include pre-dewatering groundwater level data, and (3) incorporate a buffer zone into the <br />design to insure that asphalt-containing material and ash-containing material are placed above <br />the historic groundwater table. <br />3. General Comment #3: Pursuant to the requirements in Section 3.2 of the Solid Waste <br />Regulations, the DOP must be reviewed, signed, and stamped by a Colorado-registered <br />professional engineer or professional geologist, as appropriate. <br />4. Section 2 - General Information: The first paragraph of Section 2 indicates that the inert fill <br />materials will placed such that they "will bring the site to grade with Brighton Road. " Sheet 3 <br />from Appendix IV shows that the high point of the proposed final grade will be approximately <br />six (6) feet higher than Brighton Road. This apparent discrepancy must be clarified. <br />5. Section 2.2 - Facility Legal Description: The first paragraph in Section 2.2 makes reference <br />to "all three of the "Frei-Henderson Inert Fill Plan " maps in Appendices I, IV, & V. " The <br />referenced maps are actually titled "Frei-Worthing Inert Fill Plan." This discrepancy and <br />similar discrepancies must be corrected throughout the document. <br />6 Section 2.3 - Adjoining Properties: The second paragraph of Section 2.3 indicates that <br />adjacent: properties will "... be subject to minor grading to match the grades and to control <br />drainage water from the Site. Any soil needed for grading will be from on-site sources, and no <br />import of material will occur onto either of these properties. " Because the grading required on <br />adjacent properties is integral to the design of the inert landfill, greater detail regarding this <br />issue must be added to the DOP. For example, the applicant must: (1) clarify what is meant by <br />"on-site sources," (2) provide confirmation that the adjacent property owners will allow the <br />proposed grading to occur on their properties, and (3) provide specific details regarding the <br />grading plans (i.e., locations of cut and fill areas, earthwork volumes, re-vegetation plans, etc.) <br />(see Comment # 13). <br />7. Section 2.7 - Fees: Pursuant to Section 1.7.4 of the Solid Waste Regulations and CRS §25-16- <br />104.5, as amended, the applicant must charge users of the facility a solid waste user fee (a pass- <br />through fee) on all solid waste disposed. Acceptance of the following. uncontaminated <br />materials listed in Section 5. 1.1 of the DOP are not considered solid waste for this application, <br />and are therefore not subject to the solid waste user fee: soil, earth, dirt, gravel, sand, rock, and <br />top soil. If coal ash is approved for beneficial use at the site, it would not be subject to the solid <br />waste user fee. The following materials listed in Section 5. 1.1 are considered solid waste, and <br />if approved for disposal in accordance with the site's approved waste screening plan, are <br />subject to the solid waste user fee: rock tailings, asphalt, concrete, day-lighting mud, drilling <br />mud, masonry, and rock tailings. Each inert material, whether subject to the user fee or not, <br />must be screened to confirm that it is uncontaminated and suitable for disposal (see Comment <br /># 14). <br />8. Section 3.8 - Geology and Hydrogeology: The DOP does not provide adequate information <br />about the site's hydrogeology. The DOP must provide a summary of historical groundwater