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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 3 <br />Waste Regulations as they apply to this specific CD application. The Division's approval of the <br />compacted clay liner does not relieve the applicant of other regulatory requirements. <br />3. Sections 4.3 and 8.3 indicate that the final cover thickness will be at least eighteen (18) inches and will <br />consist of clean soil. The Cover Fill Technical Specification presented in Appendix XIII indicates the <br />final cover will consist of twenty four (24) inches of soil. Pursuant to the requirements in Section 3.5.3 of <br />the Solid Waste Regulations, the Division requires the final cover to consist of at least twenty four (24) <br />inches of clean soil. The upper six (6) inches of final cover shall consist of topsoil capable of supporting <br />vegetation. <br />4. Sections 4.3 and 4.4 of the DOP include requests for variances from final grade requirements of the Solid <br />Waste Regulations. Specifically, the proposed final grade across the top of the_ landfill is 1.5%, and the- <br />proposed -side-slopes are designed-to-be-no-steeper than 3 1-or-approximately 33-%- -Section 3.5:2?-of he- -- - <br />Solid Waste Regulations requires final grades to be no less than 5% and no greater than 25%. Section <br />3.5.2 also stipulates that variations from these standards may be acceptable if demonstrations of the <br />adequacy of proposed variances are made by the owner or operator. Division approves the variance <br />requests given the nature .of the materials being disposed (i.e., inert), and the fact that side slopes will be <br />generally less than 20 feet high. <br />5. Section 5.1.1 of the DOP indicates the asphalt paving fragments will be accepted for disposal. The <br />Division requires the disposal of bulk asphalt paving fragments to occur only at elevations that are at least <br />one (1) foot above the seasonal high groundwater elevation. The groundwater analysis report contained in <br />Appendix V of the DOP indicates that the groundwater interceptor ditch and subsurface drain should <br />effectively maintain the groundwater elevation at or below an elevation 4990 feet. Therefore, disposal of <br />bulk asphalt paving fragments must occur at elevations that are at or above 4991 feet. However, soil that <br />contains incidental asphalt paving fragments may be acceptable for disposal below elevation 4991 feet if <br />the soil is sampled, tested, and screened for contamination pursuant to requirements set forth in Section 6.1 <br />of the DOP. <br />6. The closure cost estimate as presented in Appendix VIII of the DOP includes only five line items (i.e., <br />erosion layer; fertilization and seeding; construction quality control/quality assurance ("CQA") report; <br />administrative costs; and a contingency). The Division requires the applicant to provide a more detailed <br />closure cost estimate. The Division requires the applicant to provide a closure cost estimate with costs for <br />-- each of the following items broken out: (1) construction of final cover infiltration/rooting layer (18-inch <br />layer), (2) construction and purchase (if necessary) of final cover topsoil/erosion layer (6-inch layer), (3) <br />fertilization and seeding, (4) construction inspection/oversight, (5) surveying, (6) CQA report, (7) <br />construction of the subsurface drain, (8) administrative costs, and (9) a contingency. The Division requires <br />that the costs for surface water control structures be added to the closure cost estimate once filling <br />commences in Phase 2. <br />The DOP indicates that the current bond posted with the Division of Reclamation Mining and Safety <br />("DRMS") is in the amount of $230,300.00. The DRMS bond can be applied toward the Division's <br />financial assurance requirements for closure. If the DRMS bond is not sufficient to cover the approved <br />closure amount, then the DRMS bond can be increased or a separate financial assurance mechanism can be <br />provided to cover the difference plus the post-closure amount. The Division approves the post-closure <br />cost estimate of $584,748.00 presented in Appendix XII.