2013-11-12_REVISION - M1985112

• Permit No: M1985112
• IBM Index Class Name: REVISION
• Doc Date: 11/12/2013
• Doc Name: Adequacy Review TR01- Joseph King response
• From: DRMS
• To: Joseph R. King
• Type & Sequence: TR1
• Email Name: PSH
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
November 12, 2013
Joseph R. King
STATE OF COLORADO
COLORADO
D I V IS I ON OF
RECLAMATION
MINING
SAFETY
John Hickenlooper
Governor
Mike King
Executive Director
8778 Wolff Court, Suite 204 Loretta Pineda
Westminster, CO 80031 Director
Re: Loloff Construction, Inc., Loloff Mine, Permit No. M- 1985 -112
Technical Revision No. 1(TR -01) Adequacy Review - Joseph R. King response
Mr. King:
The Division of Reclamation, Mining and Safety (Division) has reviewed the content of Loloff
Construction, Inc. adequacy letter response by Joseph R. King, attorney for Mr. Loloff, for items
#22 and #24 dated October 17, 2013 and submits the following comments.
The Division is required to make an approval or denial decision no later than November 25,
2013 therefore; a response to the following review concerns should be submitted to the
Division as soon as possible.
Rule 6.4.12 Exhibit L - Reclamation Costs
22. The Applicant provided the Division with survey data indicating the existing exterior slopes
are established at 3H:1V or shallower and has committed to mining the remaining exterior
slopes at 3H:1V. Therefore, the Division will not require the bond calculation for the site to
include costs related to dewatering of the pit.
24. The letter from Mr. King states the Applicant has established an escrow account similar to
the individual reclamation fund allowed by the Mineral Rules and Regulations of the
Colorado Mined Land Reclamation Board (Board) for the cost to purchase sufficient water
rights to dedicate the water to the SEO.
While the establishment of an individual reclamation fund is acceptable under Rule 4.11,
the Operator must comply with Rules 4.11.1(1) and 4.11.1(2) prior to establishing the fund.
Rule 4.11.1(1) requires the fund to be held by an independent trustee for the Board, upon
such terms and conditions as the Board may prescribe. The Board has not approved the
establishment of an individual reclamation fund for the Loloff Mine and the established
escrow account at Points West Community Bank is not held by an independent trustee for
the Board.
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Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines