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<br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />/February 18, 2008 <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Mr. Rob Laird, Land Manager Executive Director <br />V Asphalt Specialties Co. <br />Ronald W. Cattany <br />10100 Dallas St. Division Director <br />Henderson, CO 80640 Natural Resource Trustee <br />RE: umpike Mining Resource Permit No. M-2004-009 <br />,/Citizen Complaint Letter; Adequacy Commitment for Eagle Roosting Survey (AM-01) <br />Dear Mr. Laird, <br />The Division of Reclamation, Mining and Safety received a citizen complaint for Turnpike Mining <br />Resource, Permit No. M-2004-009 on January 23, 2008. The complainant, Mr. Kenneth Schell, is <br />concerned about the mining operations near the cottonwood trees pertaining to eagle roosting and status <br />of the permit amendment (AM-01) adequacy commitment by Asphalt Specialties to conduct an eagle <br />roosting survey. <br />In the adequacy response letter, dated June 13, 2006, from Weiland, Inc. the following is stated: <br />"Asphalt specialties will work with the CDOW and the USFWS to design a field survey that will <br />determine whether cottonwood trees in the permit amendment area are used as a communal <br />winter roost. Asphalt Specialties will then conduct the survey during the winter of 2006-2007. <br />If the survey results indicate the trees are a communal winter roost Asphalt Specialties will <br />consult with the CDOW and USFWS to design an appropriate mitigation plan. At this time it is <br />anticipated mitigation would include seasonal mining near the trees and an appropriate buffer <br />around the trees during winter." <br />The Division has not received the results of the communal winter roost survey conducted during the <br />winter of 2006-2007. Please submit a copy of the survey results and the mitigation plan suggested by the <br />CDOW and USFWS as a Technical Revision to the permit, if required, to the Division. <br />If you have any questions, please do not hesitate to contact me at 303-866-2555. <br />Sincerely, <br />Peter Hays <br />Environmental Protection Specialist <br />cc: Carl Mount; DRMS <br />Peter Davis; Weiland, Inc. <br />Kenneth Schell <br />Enclosure: January 23, 2008 Complaint Letter <br />STATE OF COLORADO <br />Office of Office of <br />Mined Land Reclamation Denver - Grand Junction - Durango Active and Inactive Mines