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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 C O L O RA D O <br /> <br />Phone: (303) 866-3567 DIVISION OF <br />RECLAMATION <br />FAX: (303) 832-8106 MINING <br /> <br /> SAFETY <br />April 9, 2009 Bill Ritter, jr. <br /> Governor <br />Mr. Rob Laird Harris D. Sherman <br /> <br />Land Manager Executive Director <br /> <br />rAsphalt Specialties Co., Inc. Ronald W. Cattany <br />Division Director <br />10100 Dallas St. Natural Resource Trustee <br />Henderson, CO 80640 <br />RE: Reason to Believe a Violation Exists at the Speer Mining Resources Site; Asphalt <br />Specialties Co., Inc.; File # M-1983-176; Backfilling <br />Dear Mr. Laird: <br />On March 25, 2009 the Division of Reclamation, Mining, & Safety (Division) inspected the Speer <br />Resources mine site operated by Asphalt Specialties Co., Inc. (Operator) in response to a complaint <br />from a citizen, Mr. Kirk Kirby, who resides at 10221 East 120th Avenue, Henderson, Colorado. <br />During the inspection it was revealed that Operator was importing backfill material from an off-site <br />location. In reviewing the files, we discovered that the Division has no record of a request from the <br />Operator for a Revision to the Reclamation Plan that would include importation of backfill material <br />from off site. <br />The Division therefore has reason to believe that this is a violation of C.R.S. 34-32.5-116(1) of the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials, and Rule 3.1.5(9) of <br />the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the <br />Extraction of Construction Materials, for failure to comply with. the approved Reclamation Plan and <br />failure to notify the Division prior to importing backfill material. <br />A Formal Public Hearing will be held during the May 13-14, 2009 Board meeting for consideration <br />of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br />Colorado beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. At that <br />hearing you will have the opportunity to be represented and heard. It will be reiterated that there is <br />reason to believe that you are in violation of the law and rule noted above. <br />If the Board finds a violation at the hearing it may issue a Cease: and Desist Order and assess a Civil <br />Penalty of not less than one hundred dollars ($100.00), nor more than one thousand dollars <br />($1000.00) per day for each day the violation exists. If you have reason to believe that the violation <br />noted above does not exist, please provide it to the Division as soon as possible or bring it to the <br />hearing. <br />Office of Office of <br />Mined Land RPrlamatinn rjpnvr+r • C:rand hinrtinn . niminon eni.,o -4 Ina.n:- AA;-