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Asphalt Specialties <br />October 1, 2015 <br />Page 2 of 2 <br />EXHIBIT H - Wildlife Information (Rule 6.4.8): The Division accepts the USFW letter provided as <br />satisfying the requirements of Exhibit H. <br />EXHIBIT L - Reclamation Costs (Rule 6.4.12): DRMS acknowledges the ASCII commitment to <br />not expose groundwater until the slurry wall(s) are approved by SEO, and will calculate the appropriate <br />bond when the remaining adequacy issues are resolved. <br />EXHIBIT M - Other Permits and Licenses (Rule 6.4.13): DRMS acknowledges that floodplain <br />issues will be handled under the Flood Hazard Development Permit issued by the city of Fort Lupton <br />as part of the required Special Use Permit for this site. <br />EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): DRMS cannot waive the <br />requirement for ASCII to provide damage waiver agreements to all structure owners within 200 feet of <br />the affected area prior to approval of the permit. Please submit proof that the requirements of Exhibit S <br />have been met as specified in the first adequacy letter. <br />Please also note that any previous materials such as damage waiver or surface use agreements <br />submitted with the 2008 permit application for this site were discarded by DRMS when that application <br />was withdrawn. Those items will need to be resubmitted if you wish for them to be considered part of <br />the current application. <br />This concludes the Division's second adequacy review of this application. This letter shall not be <br />construed to mean that there are no other technical deficiencies in your application. Other issues may <br />arise as additional information is supplied. Please remember that the decision date for this amendment <br />application is October 27, 2015. As previously mentioned, if you are unable to provide satisfactory <br />responses to any inadequacies prior to this date, it will be your responsibility to request an extension of <br />time to allow for continued review of this application. If there are still unresolved issues when the <br />decision date arrives and no extension has been requested, the application will be denied. If you have <br />any questions, please contact me at (303) 866-3567 x8140. <br />Sincerely, <br />Eric Scott — Environmental Protection Specialist <br />CC: <br />Enclosures: <br />