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shallow sand and gravel deposits and the southern portion of the site contained <br />the sediment-filled wash water ponds. There was enough overburden from the <br />mining operation to reclaim the site for water-storage, but not to entirely backfill it. <br />By filling the eastern and south-southeast and southwestern portions of the site, <br />we could progress with reclamation, while still allowing for the possibility of water <br />storage in the central and northern portions of the pit where adequate storage <br />would remain. That is still the case. <br />5. 90% of the offsite fill has come from the old Suburban sand and gravel site <br />belonging to the Denver Water Dept. just south on Brighton Rd. It is clean <br />overburden and non-usable silty deposits left from the washing of aggregate and <br />deposited into the old pit. Only a small amount of "inert fill" has been placed into <br />the pit as a "veneer" on the south and southeast sides, all from ASCI operations. <br />6. ASCI was not aware that there was a DRMS regulation requiring a TR or an <br />amendment to allow the importation of offsite fill to be used for reclamation of <br />sites. <br />7. A bond in the amount of $678,000.00 with the DRMS is currently in force for <br />reclamation of the Speer site. <br />8. ASCI has been in the process of submitting an application to Adams County and <br />the Colorado Dept. Of Public Health and Environment for a Certificate of <br />Designation (CD) to allow "solid waste" (inert fill) and clean fill dirt into the site for <br />final reclamation as backfill to grade. That application is due to the county and <br />state this month. ASCI envisions the potential future use, if it is to be entirely <br />backfilled and not turned into a water-storage reservoir, as homes along Brighton <br />Rd. and RV storage for the remaining portion of the buildable area. Much of the <br />western portion of the property nearer to the South Platte River is in the floodway <br />and the100-year floodplain. At this time, the application will simply show a return <br />to pastureland in the A-3 zone. <br />9. ASCI will revise the May 2009 CD submittal to Adams County and submit a <br />revised reclamation plan as an amendment to the Speer Mining Resource DRMS <br />permit by June 5, 2009 as requested in your March 25th inspection report. The <br />amendment will be for complete backfill of the site using offsite, imported fill with <br />the bond amount adjusted accordingly. <br />ASCI is sorry for the misunderstanding regarding the importation of offsite fill to be used <br />in reclamation of this DRMS permitted site, and asks for leniency in the decision as to <br />whether a willful violation has occurred with subsequent financial penalties. No <br />deliberate attempt to evade the regulations was made as we were unaware of the DRMS <br />regulation. <br />Thank you for your attention to this matter and we will be present at the MLRB hearing <br />on either the 13th or 14th of May. <br />Sincerely, <br />Rob Laird <br />Land Manager <br />Cc: file <br />Dan Hunt, Mark Johnson