2011-05-04_GENERAL DOCUMENTS - M2008070

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Completeness Determination: Complete Western Gravel Disposal Facility CD Application May 2, 2011 Page 2 For your information and use in achieving timely review/approval of this Application from all appropriate parties, please note that 30-20-104 of the Solid Waste Act states: (3) (a) Prior to the issuance of a certificate of designation, the governing body having jurisdiction shall require that the report, which shall be submitted by the applicant under section 30-20-103, be reviewed and a recommendation as to approval or disapproval be made by the department and shall be satisfied that the proposed solid wastes disposal site and facility conforms to the local government's comprehensive land use plan and zoning restrictions, if any. Any technical conditions of approval made by the department in its final report shall be incorporated as requirements in the certificate of designation. The application, report of the department, comprehensive land use plan, relevant zoning ordinances, and other pertinent information shall be presented to the governing body having jurisdiction at a public hearing to be held after notice. Such notice shall contain the time andplace of the hearing, shall state that the matter to be considered is the applicant's proposal for a solid wastes disposal site and facility, shall provide a description of such proposed site and facility, and shall provide a description of the geographic area that is within three miles of such proposed site and facility. The notice shall be published in a newspaper having general circulation in the county or municipality in which the proposed solid wastes disposal site and facility is located at least ten but no more than thirty days prior to the date of the hearing. In addition, the notice of such public hearing shall be posted at a conspicuous point in at least one location at the offices of the governing body having jurisdiction and in at least one location at the proposed site. Such notice shall be posted for a period beginning at least thirty days before the public hearing and continuing through the date of such hearing. (b) At the public hearing held pursuant to the provisions of this subsection (3), the governing body shall hear any written or oral testimony presented by governmental entities and residents concerning such proposed site or facility. All such testimony shall be considered by the governing body having jurisdiction in making a decision concerning such application. For the purposes of this subsection (3), "residents" means all individuals who reside within the geographic area controlled by the governing body having jurisdiction or within three miles of the proposed site and facility or who own property which lies within three miles of such proposed site and facility without regard to which county or municipality such individuals reside within. " In closing, the Department is authorized to bill $125/hr for review of technical submittals pursuant to Section 1.7 of the Regulations. The fee ceiling is $35,000 for review of the Application, which can include time for the completeness review, the technical review and for associated meetings and other communications. An invoice for the Department's review of the document will be transmitted to you under separate cover. Please contact Robert Peterson at 970-248-7151 if you have questions regarding this correspondence. Sincerely, Robert Peterson, Environmental Protection Specialist Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division ,6-2?,p Roger Doak, Permitting Group Unit Leader Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division cc: Rio Blanco Co BOCC J. Madison, RBC Planning B. Len, NWCC Inc. Division of Reclamation Mining and Safety SW RBL WGR 2.1 GJ file