2009-04-09_ENFORCEMENT - M1983176 ‎(2)‎

• Permit No: M1983176
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 4/9/2009
• Doc Name: RTB Letter-Hydrologic Balance
• From: DRMS
• To: Asphalt Specialties Co., Inc.
• Email Name: DB2
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

April 9, 2009
Mr. Rob Laird
Land Manager
Asphalt Specialties Co., Inc. `?
10100 Dallas St.
Henderson, CO 80640
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Reason to Believe a Violation Exists at the Speer Mining Resources Site; Asphalt
Specialties Co., Inc.; File # M-1983-176; Hydrologic Balance
Dear Mr. Laird:
On March 24, 2009 the Division of Reclamation, Mining, & Safety (Division) received a written
complaint from a citizen, Mr. Kirk Kirby, who resides at 10221 East 120th Avenue, Henderson,
Colorado, approximately 300 ft southeast of the Speer Resources mine site operated by Asphalt
Specialties Co., Inc. (Operator). Mr. Kirby indicated that his basement had started flooding Friday,
March 20, and that he was pumping about 250 gpm from his basement sump and wells on his
property to keep his basement dry. After conducting an inspection, the Division believes that the
Operator's pit backfilling is disturbing the prevailing hydrologic balance and causing off-site
damage.
The Division therefore has reason to believe that this is a violation of C.R.S. 34-32.5-116(4)(h) &
(i) the Colorado Land Reclamation Act for the Extraction of Construction Materials, and Rule
3.1.6(1) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for
the Extraction of Construction Materials. Specifically, the operator failed to minimize disturbances
to the prevailing hydrologic balance of the affected land and of the surrounding area and to the
quantity of water in the groundwater systems after mining and during reclamation and failed to
protect areas outside of the affected land from being damaged during mining or reclamation
operations.
A Formal Public Hearing will be held during the May 13-14, 2009 Board meeting for consideration
of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver,
Colorado beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. At that
hearing you will have the opportunity to be represented and heard. It will be reiterated that there is
reason to believe that you are in violation of the law and rule noted above.
If the Board finds a violation at the hearing, it may issue a Cease and Desist Order, assess a Civil
Penalty of not less than one hundred dollars ($100.00), nor more than one thousand dollars
($1000.00) per day for each day of violation. If you have reason to believe that the violation noted
above does not exist, please provide it to the Division as soon as possible or bring it to the hearing.
Office of Office of
Mined Land Reclamation Denver • Grand lunctinn . nairanan Arfl- a..A %--t*.- KA'-.