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Asphalt Specialties Co., Inc. <br />March 4, 2015 <br />Page 2 of 3 <br />March 4, 2015 — DRMS issued an RTB letter for failure to comply with the conditions of a permit.. <br />REASON FOR VIOLATION. <br />In the Performance Warranty executed by the operator on May 21, 2004, the operator promised to <br />comply with all of the terms of the permit, as amended. <br />The Division approved Amendment 1 to permit M- 2004 -009 on June 21, 2006. The plan approved in <br />Amendment 1 included the following express statement from the operator's consultant, WSI Weiland, <br />Inc., to the Division: <br />"The CDOW recommends preserving existing cottonwood trees and riparian habitat associated <br />with Boulder Creek. No mining will take place within 100 feet of the creek. All trees within <br />100 feet will be preserved. <br />This statement was incorporated into the permit through the Division's approval of Amendment 1 and, <br />therefore, became a binding condition or provision of the Operator's permit. <br />By cutting the trees and excavating for settling ponds, the Division has reason to believe the operator: <br />1. Violated, pursuant to C.R.S. 34- 32.5- 124(1), the terms of Permit Amendment 1 to not mine or <br />cut trees within 100 feet of Boulder Creek, and <br />2. Defaulted on the promise made in the performance warranty to comply with all terms of the <br />amended permit. <br />STAFF RECOMMENDATION.• <br />Violation: <br />Find a violation pursuant to: C.R.S. 34- 32.5- 124(1) for failure to comply with the conditions of a permit, <br />specifically, the Operator affected area and removed old growth trees within the 100 foot setback <br />distance from Boulder Creek in violation of provisions of Amendment 1 of the permit. <br />