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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br /> Bill Ritter, Jr. <br />October 22, 2008 Governor <br /> Harris D. Sherman <br />Asphalt Specialties Co, Inc. <br />Executive Director <br />Attn: Rob Laird Ronald W. Cattany <br /> <br />10100 Dallas Street Division Director <br /> Natural Resource Trustee <br />Henderson, CO 80033 <br />RE: File No. M-2004-009; Turnpike Mining Resource <br />Mr. Laird, <br />On October 15, 2008, a meeting was held at the Division of Reclamation Mining and Safety <br />(DRMS) office to discuss the available options and requirements for the Turnpike Mining <br />Resource site. Of particular concern for the permittee (Asphalt Specialties) is how to proceed <br />towards the release of the approximately 123 acres that make up the Cell 1 area. Ongoing and <br />final reclamation must be in compliance with the approved permit. Reclamation plan changes <br />may be proposed, and any such proposed changes must be approved through an appropriate <br />permitting action prior to implementation. Reclamation liability and bond release can only occur <br />after the approved reclamation plan is implemented, and a bond release application is submitted <br />by the permit holder and approved by DRMS. As we discussed, the following options are <br />available to Asphalt Specialties at this time: <br />1) Asphalt Specialties may submit a Technical Revision (TR) to the Division for the minor <br />reconfiguration of all the ponds, including the reconfiguration of the Cell 1 pond. Changes in <br />final post-mining land use will not be addressed under this option. Therefore, if this option is <br />chosen, no construction activities related to anything other than the currently approved <br />reclamation as a developed water resource may take place in Cell l until that area is sufficiently <br />reclaimed and released from the permit. Any significant change, such as the incorporation of <br />activities related to the anticipated final use as a water treatment plant will require a permit <br />amendment. Acreage release and surety reduction could not take place until the Cell 1 area is <br />sufficiently reclaimed in compliance with the approved permit as determined by DRMS following <br />submittal of a bond release application. Another meeting will be required to clarify exactly what <br />the reclamation standard for that area will be to avoid any future misunderstandings. <br />2) Asphalt Specialties may submit a permit amendment to the Division, addressing the issues of <br />the changes in the final post mining land use and the approved reclamation plan for Cell 1. Any <br />significant change, such as the incorporation of activities related to the anticipated final use as a <br />water treatment plant will require a permit amendment. All other configuration changes to the <br />reclamation plan across the site may also be incorporated into the amendment at that time. This <br />would ensure that reclamation activities in Cell 1 will comply with the permit requirements for <br />the final post mining land use. Acreage release and surety reduction could not take place until the <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines