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February 11, 2011 <br />Adams County Board of Commissioners <br />Final Agency Action: Recommendation for Approval of Certificate of Designation Application with Conditions <br />Frei-Henderson Inert Fill, Adams County, Colorado <br />Page 2 <br />action, approval of the CD application with the conditions described herein. Please note that Adams County <br />may choose to impose additional conditions should Adams County approve the CD application. Also, please note <br />that §30-20-104 of the Solid Waste Act states the following: <br />"(3)(a) Prior to the issuance of a certificate of designation, the governing body having jurisdiction shall require <br />that the report, which shall be submitted by the applicant under section 30-20-103, be reviewed and a <br />recommendation as to approval or disapproval be made by the Department and shall be satisfied that the <br />proposed solid wastes disposal site and facility conforms to the local government's comprehensive land use plan <br />and zoning restrictions, if any. Any technical conditions of approval made by the Department in its final report <br />shall be incorporated as requirements in the certificate of designation (emphasis added). The application, report <br />of the Department, comprehensive land use plan, relevant zoning ordinances, and other pertinent information <br />shall be presented to the governing -body having jurisdiction at a public hearing to be held after notice. Such <br />notice shall contain the time and place of the hearing, shall state that the matter ? to be considered is the <br />applicant's proposal for a solid wastes disposal site and facility, shall provide a description of such proposed site <br />and facility, and shall provide a description of the geographic area that is within three miles of such proposed site <br />and facility. The notice shall be published in a newspaper having general circulation in the county or municipality <br />in which the proposed solid wastes disposal site and facility is located at least ten but no more than thirty days <br />prior to the date of the hearing. In addition, the notice of such public hearing shall be posted at a conspicuous <br />point in at least one location at the offices of the governing body having jurisdiction and in at least one location at <br />the proposed site. Such notice shall be posted for a period beginning at least thirty days before the public hearing <br />and continuing through the date of such hearing. <br />(b) At the public hearing held pursuant to the provisions of this subsection (3), the governing body shall hear any <br />written or oral testimonypresented by governmental entities and residents concerning such proposed site or <br />facility. All such testimony shall be considered by the governing body having jurisdiction in making a decision <br />concerning such application. For the purposes of this subsection (3) "residents" means all individuals who reside <br />within the geographic area controlled by the governing body having jurisdiction or within three miles of the <br />proposed site and facility or who own property which lies within three miles of such proposed site and facility <br />without regard to which county or municipality such individuals reside within." <br />If the CD application is approved, the Division requests that Adams County send a copy of the CD resolution to <br />the Division. Also, if the CD application is approved, the Division requires AFS to revise the DOP to incorporate <br />the following conditions into the DOP within sixty (60) calendar days following CD application approval. The <br />revised DOP must be submitted to the Division for review and approval. Please note that certain conditions listed <br />below are addressed in the DOP but are included herein for clarification. <br />1. The interceptor drain is an important and integral design feature that is not discussed in the text of DOP. <br />The design and operations of the interceptor drain must be described in the text the DOP. The design <br />drawings for the interceptor drain are contained in Appendix XIII of Revision 4. The Division requires <br />that interceptor drain design drawings be included in Appendix I of the DOP along with other design <br />drawings. <br />2. Section 4.1 of the DOP indicates that the compacted clay liner was designed for water storage pursuant <br />Division of Water Resources requirements. Please note that the Hazardous Materials and Waste <br />Management Division approves the compacted clay liner design and construction pursuant to the Solid