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February 10, 2015 <br />Eric Scott <br />Division of Mining and Reclamation <br />Re: Asphalt Specialties Inc. <br />Mine permit number: M- 2004 -009 <br />Dear Mr. Scott <br />This letter is to make a formal complaint on the Asphalt Specialties gravel pit. This gravel pit is located <br />north of Highway 52, east of Weld County Road #1 and west of County Road 3'/. <br />This complaint is in regards to the letter sent to Mr. Mark Keffelew of the Colorado Division of Mineral and <br />Geology, thisdocument is dated June 13, 2006. The document I believe is part of the operational guide lines for <br />mining gravel at this site. <br />In the response letter from Weiland Inc. Environmental and Engineering Company to Mr. Keffelew the <br />letteraddresses the Colorado Division of Wildlife (CDOW) comments for this Mining application. The document <br />from the CDOW was dated August 7 of 2005 <br />In paragraph two of this document <br />The CDOW recommends preserving the existing cottonwood trees and riparian habitat associated with Boulder <br />Creek <br />Asphalt Specialties agreed not to mine within 100 foot of Boulder Creek and the trees within 100 feet will be <br />preserved. This agreement has been violated by Asphalt Specialties at the present time. Asphalt Specialties is <br />mining within 20 feet of Boulder Creek. Numerous old- growth cottonwood trees have been knocked down, <br />destroyed and stockpiled along the creek edge. A dewatering pump has been placed inside the open pit and is <br />dewatering the pit into Boulder Creek, wrecking the riparian habitat and eroding the bank along Boulder Creek. <br />In the same paragraph Asphalt Specialties states "mining will not affect riparian habitat except that the low - <br />water crossing for the haul road ". <br />There are stockpiles of fill material 12 feet high and 1 foot from the bank of Boulder Creek, and the stockpiles of <br />the newly destroyed cottonwoods are stacked along the creeks edge in the riparian habitat. <br />These recent violations are disheartening to say the least. The devastation to the Riparian Habitat and the <br />destruction to the old growth cottonwoods cannot be replaced in my Iifetime.Asphalt Specialties has shown <br />time and time again to disregard the rules set forth in Weld County URS for this site and the Colorado Division <br />of Mining and Reclamation rules and regulations. I would ask you to revoke the permit for this mining operation <br />immediately. <br />Asphalt specialties have shown they are not good stewards of the environment. I have attached the response <br />letter to the CDOW and pictures to show you the violations taking place on this property described in this <br />complaint. <br />Thank you for your time and please stop the destruction of the habitat along Boulder Creek <br />4 <br />P <br />v1G Q kv <br />Dave Smoljan <br />556 Weld County Road 16.5 <br />Longmont Colorado 80504 <br />