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<br />
<br /> STATE OF COLORADO
<br />John W. Hickenlooper, Governor
<br />Christopher E. Urbina, MD, MPH
<br />oF'coto
<br />Executive Director and Chief Medical Officer
<br />o
<br />Dedicated to protecting and improving the health and environment of the people of Colorado ,
<br />4300 Cherry Creek Dr. S. Laboratory Services Division
<br />Denver, Colorado 80246-1530 8100 Lowry Blvd. ?e?e
<br />Phone (303) 692-2000 Denver, Colorado 80230-6928 Colorado Department
<br />Located in Glendale, Colorado (303) 692-3090 of Public Health
<br />http://www.edphe.state.co.us and Environment
<br />Via Certified Mail #70091680 0000 2094 3896
<br />Return Receipt Requested
<br />February 11, 2011
<br />Adams County- Board-of Commissioners -
<br />4430 South Adams County Parkway
<br />5'' Floor, Suite C5000A
<br />Brighton, CO 80601-8204
<br />
<br />
<br />Re: Final Agency Action: Recommendation for Approval of Certificate of Designation Application
<br />with Conditions - Frei-Henderson Inert Fill, Adams County, Colorado
<br />Dear Honorable Commissioners:
<br />On August 2, 2010, the Colorado Department of Public Health and Environment ("Department"), Hazardous
<br />Materials and Waste Management Division ("Division") received referral correspondence from Adams County
<br />requesting the Division's review of the above-referenced Certificate of Designation ("CD") application. The CD
<br />application included a document entitled "Design and Operations Plan, Inert Fill for Albert Frei and Sons, Inc.,
<br />Frei-Henderson Property," dated June 30, 2010, prepared by Molen & Associates, LLC ("DOP"). On September
<br />16, 2010, the Division published a notice in The Denver Post requesting public comments on the DOP. The
<br />public comment period ended October 15, 2010. The Division received three comment letters via e-mail. The
<br />Division responded to public comments by e-mail on February 11, 2011. A copy of the e-mail correspondence
<br />was sent to the Adams County.
<br />The Division conducted a completeness review of the DOP in accordance with procedures outlined in the Solid
<br />Waste Act, CRS §30-20-103 et seq., and corresponding Regulations Pertaining to Solid Waste Sites and Facilities,
<br />6 CCR 1007-2, Part 1 ("Solid Waste Regulations"). The Division found the DOP to be substantially complete.
<br />By way of its letter dated August 31, 2010, the Division notified Adams County and the applicant, Albert Frei &
<br />Sons, Inc., ("AFS") that the DOP was substantially complete, but requested additional information and/or more
<br />detail regarding certain aspects of the DOP. The requested additional information was provided to the Division in
<br />the form of a revised DOP, Revision 3 dated December 23, 2010. The Division was not provided a copy of
<br />Revision 2. The Division conducted a comprehensive technical review of Revision 3, and provided its comments
<br />to Adams County and AFS via e-mails dated January 3, 2011 and January 6, 2011. In response to the Division's
<br />comments, the applicant prepared and submitted Revision 4 of the DOP dated January 27, 2011.. The Division
<br />reviewed Revision 4. It is the determination of the Division that the CD application can comply with the
<br />technical, environmental, and public health standards in the Solid Waste Act and corresponding Solid Waste
<br />Regulations if the inert landfill is constructed, operated, and monitored as detailed in Revision 4 of the DOP with
<br />the conditions described herein. Based on this determination, the Division recommends, as final agency
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