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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 />April 26, 2011 <br />Mined Land Reclamation <br />Rob Laird <br />Asphalt Specialties <br />10100 Dallas St <br />Henderson, CO 80640 <br />RE: Reason to Believe a Violation Exists at the Turnpike Mining Resource Site; DRMS <br />File M- 2004 -009 <br />Mr. Laird: <br />On April 17, 2012 the Division of Reclamation, Mining and Safety (Division) conducted an <br />inspection of the Turnpike Mining Resource site. The inspection was a result of a citizen <br />complaint of excessive windblown dust received by DRMS on April 2, 2012. During the <br />inspection DRMS observed the following: <br />- Approximately 400,000 cubic yards of shale have been excavated and stockpiled on -site <br />contrary to the approved mining and reclamation plan. These unapproved stockpiles <br />have not been stabilized in any way against erosion. <br />- No topsoil appeared to have been salvaged prior to placing the stockpiles of shale on -site. <br />In fact, several large cottonwood trees have been surrounded by these shale stockpiles. <br />- Several structures associated with a new municipal water treatment plant have been <br />constructed on site. These structures are not part of the currently approved reclamation <br />plan. <br />The Division has reason to believe that this is a violation of: <br />STATE OF COLORADO <br />- Section 3.1.6(3) of the Construction Materials Rule and 34- 32.5- 116(4)(j) of the Act <br />which states that "all surface areas of the affected land, including spoil piles, shall be <br />stabilized and protected so as to effectively control erosion." (no protection/stabilization <br />of any kind was observed for the large amount of shale that has been excavated and <br />stockpiled without approval on the site) <br />- 34- 32.5- 116(4)(g) of the Act which states that "...topsoil shall be removed and <br />segregated from other spoil. If such topsoil is not replaced on a backfill area within a <br />period of time short enough to avoid deterioration of the topsoil, vegetative cover or other <br />means shall be employed so that such topsoil is preserved from wind and water erosion, <br />remains free from contamination, and is in a usable condition for sustaining vegetation <br />when restored during reclamation. " <br />- Section 34.32.5- 116(1) of the Act which states "Every operator to whom a permit is <br />issued pursuant to this article shall perform the reclamation prescribed by the reclamation <br />plan adopted pursuant to this section." <br />- Section 34- 32.5- 117(2) for failure to comply with the terms of the signed performance <br />warranty. <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta Pineda <br />Director <br />Office of Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />