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32. Please remove the remark about concrete batch plants from the emissions permit information. The revised mine plan no longer allows for operation of a concrete batch plant at this location. Exhibit H -Wildlife Information 33. DMG does not agree with the statement that "there is no way that this operation could affect any fish populations in the river." Though measures have been proposed to keep the contamination plumes in the groundwater in place, and to remove contaminated materials from the excavation site, potential still exists for impacts to fish through dewatering discharges from the pit. Water testing, visual observation, and various other site monitoring are required to further minimize the potential for adverse hydrologic and/or off-site impacts. During the phone conferences held earlier this year to discuss concerns of the various agencies, the landowner and the applicant, it was noted that the NPDES discharge limitations were based on a flow rate of the receiving waters that was higher than actual. The Division of Wildlife pointed out that this inaccuracy results in a higher than actual dilution figure for the discharge. DOW personnel expressed concern that these elevated discharge limitations, discharged to the receiving waters during low flow, may harm threatened and endangered fish. CDPHE personnel indicated that they would revise the discharge permit if DOW requested them to do so and provided documentation of actual flow rates for that side channel of the Colorado River that receives the discharge. To date, DMG has no documentation indicating that DOW has acted on this. A copy of this letter will be copied to DOW District Wildlife Manager Paul Creeden. If DOW does not respond by the decision date for this application, DMG will assume that current permit specifications are acceptable to DOW. Exhibit I -Soils Information 34. Response adequate. Exhibit J -Vegetation Information 35. Response adequate. 36. Response adequate. Exhibit L -Reclamation Costs 37. Response adequate. 38. A reclamation cost estimate for this operation will be calculated and forwarded to the operator in the next few days, but these figures may need to be revised before this application process is completed.. Exhibit M -Other Permits and Licenses 39. Response adequate. Exhibit S -Permanent Man-made Structures 40. Response adequate.