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July 11, 2013 Mr. Eric Fenster, Esquire Final Determination: Recommendation of Approval with Conditions of Application for Certificate of Designation, Proposed Henderson Inert Landfill, Adams County, Colorado Page 2 The Division reviewed the Application to determine its compliance with the requirements set forth in the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Parts 1 and 10 (Solid Waste Act) of the Colorado Revised Statutes (CRS), as amended, and with the regulations promulgated there under: the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007 -2, Part 1 (Solid Waste Regulations). In accordance with the Solid Waste Statute, CRS 30 -20 -103 (2), a'-completeness review" of the Application was required within thirty (3 )0) days of the receipt of the Application. The Division conducted the completeness review, and on February 22, 2013, the Division issued written notification that (1) the Division had determined the Application to be complete, and (2) it was not the intent or purpose of a '`completeness review" to imply anything concerning the final approval (or disapproval) of the Application. In addition, the completeness review included several initial comments based on the completeness review. On April 3, 2013, the Division met with 120 85 LLC and JR Engineering to discuss the permitting process and to discuss the initial comments noted in the Division's completeness review letter. In accordance with the Solid Waste Statute, CRS 30 -20 -103 (2), a "technical evaluation" of the Application was required after the completeness review has been conducted. The Division conducted a comprehensive technical evaluation, and on May 21, 2013; the Division submitted technical review comments. On June 6, 2013, the Division published a notice in the Aurora Sentinel requesting public comments on the proposed Henderson Inert Landfill. The public comment period ended on July 6, 2013. The Division received no comments. On June 20, 2013, the Division received a Revised Plan (JR Engineering 2013), with the revisions prepared based on the Division's technical review comment letter. It is the determination of the Division that the Henderson Inert Landfill can comply with the technical, environmental, and public health standards of the Solid Waste Act and the Solid Waste Regulations if the Henderson Inert Landfill is constructed, monitored, and operated as detailed in the CD Application and with the conditions of the Division as stated below in this letter. Based on our review and determination, the Division recommends that the Henderson Inert Landfill may be approved by Adams County based on these and any local criteria. The Revised Plan (JR Engineering 2013) and final resolution concerning the CD must be placed in the Henderson Inert Landfill's operating record. In addition to the conditions listed below, please note that the Henderson Inert Landfill shall comply with the public health and environmental laws, standards, and regulations of the Department and all other applicable state, federal, and local rules, and ordinances. Our recommendation for approval of the Application has the following conditions that shall be incorporated into the CD if issued by Adams County: 1. Financial Assurance as defined in Section 1.8 of the Solid Waste Regulations must be reviewed and approved by the Division and Adams County sixty (60) business days before the date on which waste is first received. 2. Pursuant to Section 1.8.3 (C) of the Solid Waste Regulations, the Henderson Inert Landfill must annually adjust such financial assurance cost estimates to account for inflation or deflation. Pursuant to Section 1.8.3 (D) of the Solid Waste Regulations, the Henderson Inert Landfill must replace original financial assurance cost estimates with new cost estimates every five (5) years unless otherwise required by the Division.