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February 22, 2013 <br />Mr. Eric B. Fenster, Esquire <br />Completeness Review Determination: Complete — Application for Certificate of Designation, Henderson Inert Landfill, <br />Adams County, Colorado <br />Page 2 <br />The Division has reviewed the Application to determine its compliance with the requirements set forth in <br />the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Parts 1 and 10 (Solid Waste Act) <br />of the Colorado Revised Statutes (CRS), as amended, and with the regulations promulgated there under: <br />the Solid Waste Regulations. In accordance with the Solid Waste Statute, CRS 30 -20 -103 (2), <br />a "completeness review" of the Application is required within thirty (30) days of the Application referral <br />from the local governing authority (Adams County). The Division has conducted the completeness review <br />and has determined the Application to be complete. Please note that it is not the intent or purpose of a <br />"completeness review" to imply anything concerning the final approval (or disapproval) of the Application. <br />In accordance with the Solid Waste Statute, CRS 30 -20 -103 (2), a "technical evaluation" of the <br />Application is required after the completeness review has been conducted. The Division has initiated the <br />technical evaluation and has one hundred fifty (150) calendar days to complete the activity. The Division <br />might request additional information in order to clarify aspects of the Plan (Tarry 2012) before completing <br />the technical evaluation. During the technical evaluation, the Division will initiate a written public <br />comment period of thirty (30) calendar days following the issuance of a public notice. A formal <br />recommendation of approval, approval with conditions, or disapproval of the Application per the Solid <br />Waste Regulations will be made after the Division has reviewed any public comments received. <br />For your information and use in achieving timely review /approval of this Application from all appropriate <br />parties, (1) attached is a Solid Waste Compliance Bulletin, "Certificate of Designation (CD) as a Solid <br />Waste Disposal Site," dated December 2010; and (2) please note that the Solid Waste Statute, CRS 30 -20- <br />104, states: <br />(3) (a) Prior to the issuance of a certificate of designation, the governing body having jurisdiction shall <br />require that the report, which shall be submitted by the applicant under section 30 -20 -103, be reviewed <br />and a recommendation as to approval or disapproval be made by the department and shall be satisfied that <br />the proposed solid wastes disposal site and facility conforms to the local government's comprehensive land <br />use plan and zoning restrictions, if any. Any technical conditions of approval made by the department in <br />its final report shall be incorporated as requirements in the certificate of designation. The application, <br />report of the department, comprehensive land use plan, relevant zoning ordinances, and other pertinent <br />information shall be presented to the governing body having jurisdiction at a public hearing to be held <br />after notice. Such notice shall contain the time and place of the hearing, shall state that the matter to be <br />considered is the applicant's proposal for a solid wastes disposal site and facility, shall provide a <br />description of such proposed site and facility, and shall provide a description of the geographic area that is <br />within three miles of such proposed site and facility. The notice shall be published in a newspaper having <br />general circulation in the county or municipality in which the proposed solid wastes disposal site and <br />facility is located at least ten but no more than thirty days prior to the date of the hearing. In addition, the <br />notice of such public hearing shall be posted at a conspicuous point in at least one location at the offices of <br />the governing body having jurisdiction and in at least one location at the proposed site. Such notice shall <br />be posted for a period beginning at least thirty days before the public hearing and continuing through the <br />date of such hearing. <br />