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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 C O L O R A D O <br />Phone: (303) 866-3567 D IVI S I ON OF <br /> <br />FAX: (303) 832-8106 RECLAMATION <br /> MINING <br /> <br /> SAFETY <br />September 25, 2008 <br /> Bill Ritter, Jr. <br />Asphalt Specialties Co, Inc. Governor <br />Attn: Rob Laird <br />Harris D. Sherman <br /> <br />10100 Dallas Street Executive Director <br /> <br />Henderson, CO 80033 Ronald W. Cattany <br /> Division Director <br /> Natural Resource Trustee <br />RE: File No. M-2004-009; Turnpike Mining Resource; Technical Revision (TR02), <br />Submitted by Asphalt Specialties Co., Inc. <br />Mr. Laird, <br />The Division has provided you with several options at this time for resolving the issues of TR02 <br />and the Turnpike Mining Resource site and proceeding forward. The acreage release and bond <br />reduction for the 123 acres of Cell 1 that has been requested can not be addressed through the <br />technical revision that Asphalt Specialties has submitted for reasons that we have already <br />elaborated on. Therefore, to resolve the issue of TR02, the Division will allow you to choose one <br />of the following options: <br />1) You may choose to have the Division review TR02 as consisting of the proposed changes to <br />the reclamation configurations of Cells 2, 3, 4 and 6, and the associated changes in mining and <br />reclamation plan as submitted - addressing these issues ONLY, and NOT including any of the <br />acreage release or surety reduction request issues associated with Cell 1. <br />2) You may submit a permit amendment to the Division, as required, addressing the issues of the <br />changes in post mining land use and the approved reclamation plan for Cell 1, and incorporate the <br />current TR02 modifications for Cells 2, 3, 4 and 6 into the amendment application. The Division <br />will apply the $216 TR fee already submitted to the cost of the permit amendment. <br />3) You may withdraw TR02 altogether and the Division will refund the TR fee of $216 that you <br />have submitted. <br />If Asphalt Specialties has not selected one of the above options to proceed and notified the <br />Division of its choice by October 10, 2008, TR02 will be summarily denied and the TR <br />application fee of $216 will not be refunded. <br />Thank you, <br />l Scott <br />Environmental Protection Specialist <br />cc Tony Waldron - DRMS <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines