2016-01-21_PERMIT FILE - M1982121

• Permit No: M1982121
• IBM Index Class Name: PERMIT FILE
• Doc Date: 1/21/2016
• Doc Name: Objection to Surety Increase Request
• From: CalX Materials
• To: DRMS
• Email Name: ACY
• Email Name: GRM
• Media Type: D
• Archive: No

RECEIVED
lAkI 212016
DIVISION OF RECLAMATION
MINING AND SAFET(
Littleton, Colorado 80123-1544
Ca1X Minerals, LLC
c/o 5501 Lakeshore Drive
January 14, 2016
,rew 12016
MON OF RECLAMATION
MINN AND $ARETY
By email to [e-mail]
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2016
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Ms. Amy Yeldell
Environmental Protection Specialist
Division of Reclamation, Mining and Safety, Colorado DNR
Room 215, 1313 Sherman Street
Denver, Colorado 80203
Re: Mid -Continent LST (Permit M-1982-121) — Objection to Surety Increase Request
Dear Ms. Yeldell:
This is to advise of our formal objection to the requested Surety Increase, from $122,793
to $172,376, noticed by yours of November 19, 2015, which such requested Increase was
thereafter explained, by task, by yours of December 8, 2015.
Having now reviewed, in detail, the three documents that we believe comprise the
entirety of the DRMS-approved "Reclamation Plan" for the Mid -Continent Quarry (those
documents — which are more -precisely identified below — date from 1983, 1989 and
2009) we believe that each of the proposed Surety Increase(s) of November 19, 2015 and
of November 2, 2011 were materially erroneous, for reasons explained herein. We also
believe that DRMS is now, in light of Ca1X's obligations under its approved Reclamation
Plan, substantially "oversecured" — even at the existing Surety amount of $122,793.
We hereby request that DRMS re -calculate the proper Surety Amount for our Quarry, and
that DRMS then promptly rebate whatever excess amount is now being held as Surety.
Background and Discussion:
Three documents, together, comprise the Reclamation Plan for Ca1X's Quarry:
(i) Mining and Reclamation Permit No. 82-121, dated April 25, 1983, as issued by the
Mined Land Reclamation Division of the Department of Natural Resources ("MLRD");
(ii) Amendment to Permit No. 82-121, memorialized in a lengthy letter from Mid -
Continent Resources, dated June 20, 1989, to the MLRD; and
(iii) Technical Revision No. 3 to Permit No. 1982-121, as proposed by Ca1X Minerals in
letter dated October 13, 2009, which such proposal was accepted by DRMS (successor
agency to the MLRD, for this purpose) by letter dated January 27, 2010.