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ll'etlan l I;ankm4 <br />Enouonnuntal Alaiia4râ– irnt <br />Land LLe 1'lannmli! <br />Reclamation I)e,ian <br />f'ermithntt a Zonin,l <br />HART ENVIRONMENTAL <br />P0. Box 1303 Boulder, Colorado 80306 Phone. 303.444.6602 <br />Mr. Eric Scott <br />Division of Reclamation, Mining and Safety <br />Colorado Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: DRM &S Permit No. M- 2004 -009 Turnpike Mining Resources <br />Dear Eric: <br />This letter is written as a follow -up to our recent discussions regarding the operation <br />of Turnpike Mining Resources sand and gravel pit located in Section 31, Township 2 <br />North, Range 68 West north of Colorado State Highway 52. <br />My client, Kenny Schell, has asked me to prepare this letter as a formal <br />compliant regarding the mining operation of Asphalt Specialties' Turnpike Mining <br />Resources sand and gravel operation (Permit No.M- 2004 -009). Specifically, my client <br />believes that the mining operation, as conducted, is not in compliance with the approved <br />DRM &S Reclamation Plan; that the operator has allowed the construction of a water <br />treatment facility on the subject property contrary to the approved reclamation plan. Also <br />it appears that mining has occurred less than 100 feet from Boulder Creek without the <br />construction of either stream or pit side protection by the operator. Finally, the operator <br />has stockpiled shale on the mine site without the benefit of any erosion control measures <br />which has resulted in significant wind erosion and off site contamination of my client's <br />property. <br />If you have any questions regarding this letter or require any additional information <br />please do not hesitate to contact me. <br />Copied electronically to: Kenny Schell <br />Kim Ogle, Weld County <br />April 2, 2012 <br />Michael J. (Mike) Hart <br />