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Asphalt Specialties <br />October 1, 2015 <br />Page 2 of 3 <br />DRMS will require a minimum of four groundwater level monitoring wells to be installed at the <br />perimeter of the site outside the proposed slurry wall, and for monthly water level monitoring to <br />commence ASAP if/when the permit is issued. Please provide a map depicting where these wells <br />will be located and commit to submitting the well completion records after they are installed. Water <br />level data will be required to be submitted as part of the annual report submitted to DRMS. A water <br />level monitoring plan detailing these activities as well as groundwater level triggers and possible <br />corrective actions to be implemented if necessary will also be required. <br />EXHIBIT H - Wildlife Information (Rule 6.4.8): The ESA Clearance Letter issued by the US Dept. <br />of the Interior Fish and Wildlife Service included in Exhibit H of the application expired on October 28, <br />2009. Please provide a new valid clearance letter, or proof of extension of the previous granted clearance. <br />EXHIBIT L - Reclamation Costs (Rule 6.4.12): DRMS is currently reviewing the submitted bond <br />estimate. Please note that the "20% option" is no longer available for bonding new slurry walls, however, <br />if Asphalt Specialties commits to obtaining SEO approval of the slurry wall prior to exposing <br />groundwater at the site, DRMS would not be required to bond for the slurry wall construction costs. <br />Please state what option Asphalt Specialties would like to pursue with respect to slurry wall bonding <br />costs. <br />EXHIBIT M - Other Permits and Licenses (Rule 6.4.13): Please add the Floodplain Use Permit to <br />be issued by the Designated Floodplain Administrator (Weld County or Ft. Morgan as appropriate) <br />referred to in Exhibit D to the Exhibit M listings. <br />EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): Please note that roadways and above- <br />ground or underground utilities (if present) within 200 feet of the proposed affected area are considered <br />permanent man-made structures. In accordance with Rule 6.4.19, when mining operations will adversely <br />affect the stability of any significant, valuable and permanent man-made structure located within 200 <br />feet of the affected area, the applicant may either: <br />a.) Provide a notarized agreement between the applicant and the person(s) having an interest in the <br />structure, that the applicant is to provide compensation for any damage to the structure; or <br />b.) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering <br />evaluation that demonstrates that such structure shall not be damaged by activities occurring at the <br />mining operation. <br />Please provide evidence (certified letter to structure owners) that a notarized agreement between the <br />structure owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical <br />assessment may be provided to demonstrate that the structures shall not be damaged. <br />You must provide information sufficient to demonstrate that the stability of any structures located within <br />two hundred (200) feet of the operation or affected land will not be adversely affected. <br />Additional Information: You will also need to provide the Division with proof of notice publication <br />and notice to all property owners within 200 feet of the affected area. Any letters from other commenting <br />agencies/entities received by the Division to date have been included with this correspondence for you <br />to review. <br />