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(? e, s <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />STATE OF COLORADO <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />`October 16, 2008 <br />Asphalt Specialties Co, Inc. <br />Attn: Rob Laird <br />10100 Dallas Street <br />Henderson, CO 80033 <br />RE: File No. M-2004-009; Turnpike Mining Resource <br />Mr. Laird, <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />On October 15, 2008, a meeting was held at the DRMS office to discuss the available options and <br />requirements for the Turnpike Mining Resource site. Of particular concern for Asphalt <br />Specialties is how to proceed towards the release of the approximately 123 acres that make up the <br />Cell 1 area. As we discussed, the following options are available to Asphalt Specialties at this <br />time: <br />1) Asphalt Specialties may submit a TR to the Division for the reconfiguration of all the ponds, <br />including the reconfiguration of the Cell 1 pond. Changes in ultimate post-mining land use will <br />not be addressed under this option. Therefore, if this option is chosen, no construction activities <br />related to anything other than reclamation as a developed water resource may take place in Cell <br />I until that area is sufficiently reclaimed and released from the permit. Acreage release and <br />surety reduction could not take place until the Cell 1 area is sufficiently reclaimed by as <br />determined by DRMS. Another meeting may be required to clarify exactly what the reclamation <br />standard for that area will be to avoid any misunderstandings in the future. <br />2) Asphalt Specialties may submit a permit amendment to the Division, addressing the issues of <br />the changes in the ultimate post mining land use and the approved reclamation plan for Cell 1. <br />All other configuration changes to the reclamation plan across the site may also be incorporated <br />into the amendment at that time. This would allow reclamation activities in Cell 1 to match the <br />requirements for the ultimate post mining land use. Acreage release and surety reduction could <br />not take place until the Cell 1 area is considered sufficiently reclaimed by as determined by <br />DRMS. Another meeting may be required to clarify exactly what the reclamation standard for <br />that area will be to avoid any misunderstandings in the future. <br />3) The Town of Erie may submit a "reclamation only" standard 112 permit application to DRMS <br />for the Cell 1 area, and/or any other areas to be removed from the existing Turnpike permit that <br />the Town of Erie will assume responsibility for. If and when the Town of Erie's application is <br />approved by the Division, the areas in common within the Turnpike and Town of Erie permits <br />may then be removed from the Turnpike permit area, and the appropriate surety reduction will be <br />made. Please be aware that the Town of Erie's reclamation plan will have to adequately address <br />Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Office of <br />Active and Inactive Mines