2012-12-10_REVISION - M2004009 (9)

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ASPHALT SPECIALTIES CO. 10100 Dallas St. • Henderson, CO 80640 December 7, 2012 M / r. Eric Scott Environmental Protection Specialist Colorado Div. of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Responses to Second Adequacy Review for Amendment (AM -2), Turnpike Mining Resource, DRMS Permit No. M- 2004 -009 Dear Mr. Scott: Enclosed are: (303) 289 -8555 • Fax: (303) 289 -7707 / RECEIVED C 10 2012 DIVISION OF RECLAMATION v MINING AND SAWN We (ASCl/Weiland, Inc.) are submitting our responses and information to you regarding your second adequacy review comments received by us via e-mail on October 17, 2012. We have asked for and you have approved three extension requests in order to for us to properly answer primarily your concerns with groundwater issues on the referenced permit site. 1. Revised map Exhibits C -2 and F, the mine and reclamation plan maps. The only change on the mine plan maps are additional utilities and revised locations all enclosed within the easement for the Erie /ASCI utilities on the east side of the entrance road. Since the utilities are all contained within an easement, there is no change to the mining limits with this update. After further review of the backfilling of the "trout pond" in the northwest corner of the permit area that is a reclaimed feature of the old DMG permit on this site, we have realized that there is not enough backfill material (shale, overburden) to fill this pond at this time. It is all accounted for in the current mass balance figuring for the reclamation of the current mining activities. As stated before, the augmentation for this pond will be accounted for in the revised SWSP plan that will be renewed upon approval of this amendment. ASCI does own ditch shares in the Boulder - White Rock Ditch that serves this property and will use those shares as part of a permanent augmentation plan for this pond. Since we are not backfilling the trout pond, there is no revision to Exhibit L with his adequacy submittal. The revised Exhibit L submitted on October 18, 2012 is still valid. 2. Structure Agreement letters and attachments (agreement and map) for the three remaining structure owners within 200 ft. of the mining limits of this site in the southernmost area of the permit (previously sent by e -mail to you). Until such a time that these agreement letters are signed by the