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STATE OF COLORADO <br />John W. Hickenlooper, Governor <br />Christopher E. Urbina, MD, MPH <br />Executive Director and Chief Medical Officer <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />4300 Cherry Creek Dr. S. <br />Denver, Colorado 80246 -1530 <br />Phone (303) 692 -2000 <br />Located in Glendale, Colorado <br />hftp://Www.cdphe.state.co.us <br />May 21, 2013 <br />Laboratory Services Division <br />8100 Lowry Blvd. <br />Denver, Colorado 80230 -6928 <br />(303) 692 -3090 <br />Mr. Eric B. Fenster, Esquire, Managing Partner <br />120 85 LLC <br />10929 East 120th Avenue <br />Henderson, Colorado 80640 <br />RE: Technical Review Comments <br />Application for Certificate of Designation <br />Proposed Henderson Inert Landfill <br />Adams County, Colorado <br />Dear Mr. Fenster: <br />OF COLD <br />O <br />* 1876 <br />Colorado Department <br />of Public Health <br />and Environment <br />Via Certified Mail #7012 3050 0002 0285 5408 <br />Return Receipt Requested <br />t4 awm I wi)ss <br />ItItCEIVED <br />MAY 3 0 2013 <br />DNISION OF RECLAMATION <br />MINING AND SAFETY <br />The Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management <br />Division (Division), received from Adams County, Colorado, an official referral notification, dated <br />January 22, 2013, requesting the Division's review of an Application for a Certificate of Designation (CD) <br />(Application) for a proposed new inert landfill in Henderson in Adams County, Colorado. The Division <br />received the Application as an electronic document stored on a compact disk. Based on the Division's <br />request, the Division received a hard copy of the Application. As described in the Application, the <br />proposed new facility, the Henderson Inert Landfill, would have an area of approximately 39 acres and <br />would accept inert material as defined by Section 1.2 of the Regulations Pertaining to Solid Waste Sites <br />and Facilities, 6 CCR 1007 -2, Part 1 (Solid Waste Regulations). Included in the Application is an <br />Operations and Closure Plan (Plan) (Tarry 2012), prepared by the Henderson Inert Landfill's technical <br />consultant, Jason Tarry, P.E., and dated November 2012. The site was a gravel pit of approximately <br />978,000 cubic yards and is now a reclamation project under the administration of the Colorado Division of <br />Reclamation Mining and Safety (DRMS). The property is being operated under a reclamation plan that <br />calls for a permanent water storage reservoir. According to the Plan (Tarry 2012), converting the pit to <br />water reservoir has proven infeasible, and 120 85 LLC seeks to backfill the mine with inert materials to <br />reclaim the land and restore it to near its original grade. As of the date of the Plan (Tarry 2012), <br />GSLBrush LLC, an Illinois company, is the property owner /permit holder, and is under contract to sell <br />the property to 120 85 LLC, subject to approval by DRMS. <br />