2008-09-16_REVISION - M2004009

• Permit No: M2004009
• IBM Index Class Name: REVISION
• Doc Date: 9/16/2008
• Doc Name: Issues with TR-2
• From: DRMS
• To: Asphalt Specialties Co, Inc.
• Type & Sequence: TR2
• Email Name: ECS
• 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]
d
September 16, 2008
4 sphalt Specialties Co, Inc.
Attn: Rob Laird
10100 Dallas Street
Henderson, CO 80033
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: File No. M-2004-00 ; Tumpike Mining Resource; Technical Revision (TR02),
Submitted by Asphalt Specialties Co., Inc.
Mr Laird,
As discussed during our on-site meeting on the morning of September 15, 2008, The
Division would like to outline the issues with TR02 as submitted, and what we believe is
the best way to resolve the issues of the acreage release for construction of the City of
Erie Wastewater Treatment Plant. As we understand it, there are two main components
to your request as submitted - first; the technical revision as submitted that addresses the
changes in the reclamation configurations of Cells 2, 3, 4 and 6, and second; a request for
the release and removal of approximately 123 acres from your permit area, an associated
reduction in the performance and financial warranty for the site, and the associated
change in post-mining land use for these 123 acres from Developed Water Resource to
Industrial/Commercial.
After a cursory review, DRMS sees no major issues with the proposed changes to the
reclamation configurations of Cells 2, 3, 4 and 6, and the associated changes in mining
and reclamation plan as submitted, which currently constitutes the technical revision
portion of the request. However, there may be additional issues that require clarification
after a detailed review has been completed. As such, the Division will at this time review
TR02 as addressing these issues ONLY, and NOT including the acreage release or surety
reduction request issues. The Division cannot review a request for acreage reduction or
reduction of warranty amount request unless it is submitted separately from other
correspondence by certified mail. By separating the technical revision from the acreage
release/surety reduction, it allows the Division to address the technical revision portion of
the request separately, without having to issue an outright denial of the entire submittal.
There are, however, several issues that need to be addressed regarding the request for the
removal of approximately 123 acres from your permit area and the associated reduction
in the performance and financial warranty for the site. Any request for reduction of
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