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2. Issue: Recycled blacktop was being stored on the mine site and was not a permitted feature within the operation plan - in possible violation of Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (Rule 3.1.5(9): for not "provide[ing] the Office [Division] notice of any proposed backfill activity not identified in the approved Reclamation Plan." a. Possible Resolution: Provide notice to the Division the includes, but is not limited to, the following requirements as described in under Rule 3.1.5(9): "(a) a narrative that describes the approximate location of the proposed activity; (b) the approximate volume of inert material to be backfilled; (c) a signed affidavit certifying that the material is clean and inert, as defined in Rule 1.1(20); (d) the approximate dates the proposed activity will commence and end, however, such dates shall not be an enforceable condition; (e) an explanation of how the backfilled site will result in apost-mining configuration that is compatible with the approved post-mining land use; and (f) a general engineering plan stating how the material will be placed and stabilized in a manner to avoid unacceptable settling and voids." If these problems are not resolved to the satisfaction of the Division by the time the site is re- inspected, anew RTB letter will be issued, and the matter will be scheduled for a formal public hearing before the Mined Land Reclamation Board shortly thereafter. If you have any questions, please contact me at (303) 866-4926. Sincerely, ~~~~~ Anthony J. Waldron Senior Environmental Protection Specialist cc: Campbell and Bohn, Attn: James Campbell, 207 St. Paul Street, Ste. 200, Denver, CO 80206 Enclosures: (2) Reason to Believe Letters from January 1 I, 2007 Inspection Report performed by Division Specialist on March 23, 2006. CERTIFIED MAIL: 7005 3110 0000 2197 9164