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Page 1 of 1 <br />Scott, Eric <br />From: Rob Laird [rlaird@asphaltspecialties.com] <br />Sent: Wednesday, October 08, 2008 4:11 PM <br />To: Scott, Eric <br />Cc: Mark Johnson <br />Subject: Withdrawl of TR-02, Turnpike Mining Resource, M-2004-009 <br />Mr. Eric Scott: <br />Per our recent telephone conversations, a-mails and written letters, Asphalt Specialties Co., Inc (ASCI) feels that <br />it would be appropriate at this time to withdraw our proposed Technical Revision (TR) to re-configure our mine <br />plans and to remove a portion of the permit area from DRMS jurisdiction. Withdrawal of this TR is being required <br />by DRMS as one of the options proposed by DRMS to complete our request. ASCI still intends to pursue removal <br />of 123 acres from this permit. This TR withdrawal can be effective immediately. I think it would be best if, at a <br />minimum, you would return the $216.00 check accompanying the TR to us. You could also return the entire <br />submittal package, or dispose of it. It would be best for any further action on this permit change to start all over. <br />In light of that, we will be doing something with the permit to remove a portion from DRMS jurisdiction in the very <br />near future. As you are aware, no one from either your Division or ourselves are quite sure how to do this, but it <br />does need to be done. The process may again be a simple TR, amendment, Succession of Operator, or creating <br />two separate permits. We will be in contact with you shortly in order to get this done. In the meantime, we are <br />generally entirely within compliance with our current mining and reclamation plans, and so nothing is occurring on <br />the site that could be construed to be significantly out of compliance. The only change from the approved <br />reclamation plan is some backfilling in an area that was to be reservoir. <br />Please note this request to the file and contact me if you have questions or concerns. Thanks for your attention to <br />this matter. Rob Laird <br />Rob Laird, Resource Manager <br />Asphalt Specialties/ASCI Readi-Mix/Hunt Bros. Properties <br />10100 Dallas St., Henderson, CO 80640 <br />303.289.8555 office/303.289.7707 fax/303.994.2015 cell <br />e-mail: rlaird(cDasphaltspecialties.com <br />www.asphaltspecialties.com <br />10/8/2008