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144tlands Bankow <br />Enmronnienial illanagemenf <br />Land Use Plannut 1 <br />Reclamation Dt.,iq n <br />PeroHttunl & Zonmq <br />Mr. Eric Scott <br />Colorado Department of Natural Resources <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Dear Eric: <br />HART ENVIRONMENTAL <br />PO Boa 1303 Boulder, Colorado 40306 P17o11e• 303 411 6602 <br />RECEIVED <br />4 w <br />Division of Reclamation, <br />Mining & Safety <br />AM6. <br />September 12, 2012 <br />Re: Written Objection to Proposed Amendment of DRMS Permit # M- 2004 -009 <br />(Turnpike Mining Resource Pit) <br />On Behalf of my clients, Kenneth (Kenny) and Judith Schell, please accept this <br />letter as their formal objection to the proposed amendment of Asphalt Specialties <br />Company's DRMS Permit No. 2004 -009 for the Turnpike Mining Resource sand and <br />gravel pit. This written objection was prepared pursuant to Mineral Rules and <br />Regulations of The Colorado Mined Land Reclamation Board for The Extraction of <br />Construction Materials {Rule 1.7.1 (1) and (2) (a) }. For the purpose of this objection, the <br />Schell's mailing address is: 833 Colorado Highway 52 Erie, Colorado 80516. Kenny can <br />be reached by phone at (303) 507 -9492. <br />The Schell's must object to any approval by the Colorado Division of Reclamation, <br />Mining and Safety (DRMS) of Asphalt Specialties proposed permit amendment because <br />the applicant has failed to adequately address the following items as required by the <br />above cited Rules and Regulations: <br />1. Under section 34- 32.5- 116(4)(j), C.R.S. and Rule 3.1.6(3) of the Mineral Rules <br />and Regulations of the Colorado Mined Land Reclamation Board for the <br />Extraction of Construction Materials ( "Rule" or "Rules "), operators are <br />required to stabilize and protect all surface areas of the affected land to <br />control erosion. The Operator failed to protect or stabilize shale that was <br />excavated and stockpiled on the site. In addition, the Operator failed to <br />salvage topsoil priorto stockpiling shale on the site. That said the Applicant/ <br />Operator's proposed amendment does not put forth a specific plan to <br />protect or stabilize the shale that was excavated and stockpiled on the site <br />without prior approval of the division. At a minimum, the shale <br />stockpiles must be fertilized and seeded in order to minimize wind and <br />water erosion and to control the spread of existing weedy plant species <br />