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3. The site will not be filled above the pre-mining elevations without prior approval from Commerce <br />City. The application states that the site will not be filled without the needed approvals for filling <br />above pre-mining elevations. <br />4. A meeting with TCHD is scheduled for Tuesday, April 22, 2003 to work out the arrangements. <br />Mr. Broda does not have any problem with TCHD providing regular inspections of the site. A <br />draft letter statement acknowledging this has been provided to TCHD and is attached. <br />5. The conditions of CDPHE aze met. Mr. Broda will allow CDPHE to do regular inspections of the <br />site. Mr. Broda is willing to provide quarterly payments to CDPHE for the Hazazdous Substance <br />Response Fund (HSRF). An Air Pollution Control permit application has been competed and sent <br />to CDPHE. A copy of the Air Pollution Control permit application is attached. <br />All the conditions placed on Broda's Inert Fill have been met. We would like to open the site as soon <br />as possible. If we do not hear back from you either in writing or by phone within 10 days, we will <br />understand that the facility can open with conditions being met. <br />Thank you. <br />Yours truly, <br />MOLEN & ASSOCIATES, <br />Mark A. Molen <br />LLC $R/O//DA'S INERT FT~ <br />L/~ ~c~"' <br />P/a_trick Broda <br />cc <br />