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COLORADO <br />Division of Reclamation, <br />AMIV Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />March 4, 2015 <br />Rob Laird <br />Asphalt Specialties Co., Inc. <br />10100 Dallas St <br />Henderson, CO 80640 <br />Re: Turnpike Mining Resource; Permit M- 2004 -009; Reason to Believe a Violation Exists and Notice of <br />Board Hearing <br />Mr. Laird: <br />On February 18, 2015, the Division of Reclamation, Mining and Safety (Division) conducted an inspection of <br />Turnpike Mining Resource (Permit M- 2004 -009) and nearby lands (please see attached inspection report). <br />During the inspection it was noted that areas inside the designated 100 foot setback distance from Boulder <br />Creek had been impacted by mining operations. Based on the findings of the inspection we believe this is a <br />violation pursuant to: <br />C.R.S. 34- 32.5- 124(1) for failure to comply with the conditions of a permit. Specifically, the Operator affected <br />area and removed old growth trees within the 100 foot setback distance from Boulder Creek in violation of <br />provisions of Amendment 1 of the permit. <br />Therefore, the Division has reason to believe that a violation exists to the Mined Land Reclamation Act, C.R.S. <br />34- 32.5 -101 et seq., and have scheduled this matter to appear before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the April 29 -30, 2015 Board Meeting for consideration of these <br />possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning <br />at 9:00 a.m. on April 29, 2015 or as soon thereafter as the matter can be considered. At that hearing you will <br />have the opportunity to present your defense. <br />This is an important legal proceeding and you must appear in person for this hearing. If you fail to appear an <br />order and money judgment may be entered against you. In addition, failure to appear at the hearing may <br />result in legal consequences including, but not limited to, loss of party status and your ability to seek <br />reconsideration from the Board or seek judicial appeal in district court. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and /or assess a Civil Penalty in <br />the amount of $100.00 to $1,000.00 for each day of violation pursuant to C.R.S. 34- 32.5- 124(7). If you have <br />evidence indicating that the possible violations noted above do not exist or have been corrected, please provide <br />it to the Division as soon as possible or bring it to the hearing. <br />of coLo <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us y� <br />John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director * �, <br />