2016-01-21_PERMIT FILE - M1982121

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Objection to DRMS' Surety Increase Request January 14, 2016 Page 4 of 5 `backfill' and topsoil to the mill bench. The explanation of the basis for this specific increase is that DRMS had calculated that 5,000 CY of backfill would be required — to achieve a slope of 2H:1 V, as required by the Reclamation Plan, for this bench. The problem, here, is that a significant portion of the mill bench had already, at the time of the 2011 "estimate," been backfilled to the desired final slope. Errors in the November 19, 2015 Surety Increase Demand ("the Yeldell Demand"): The errors in the referenced Surety Increase Demand, which seeks an additional $49,583 of surety, are all compounding errors, as compared with the Surety Increase Demand of November 2, 2011, as follows: a. Under Task Ola, now it will allegedly cost $51,336.52 — an increase of $11,171.59 over the calculation of Nov. 2, 2011 — to remove (again, without any allowance for any salvage value) the $2.5 million of Ca1X's improvements. b. Under Tasks 03a, 03b, 03c and 03d — all of which relate to the alleged `requirement' to move thousands of cubic yards of backfill — and topsoil — to a bench (the "process bench") whose slope does not need to be further altered, and upon which no topsoil is required to be `replaced' — because none was ever removed therefrom — it is now alleged that the cost to complete these wholly -unnecessary tasks will be at least $49,707, or an increase of $25,912 beyond what was erroneously calculated in 2011. c. Under Tasks 04a and 04b — which relate to the reclamation of the mill bench — it is asserted that $35,216.00 (or, an increase of $31,137.74 over what was asserted in 2011) will be required to move, doze and/or apply `backfill' and topsoil to the mill bench. The explanation of the basis for this specific increase is that DRMS has `calculated' that 41,667 CY — not 5,000 CY — of backfill will be required — to achieve the mandated 2H:1V slope and that at least 20,834 CY of such backfill must be dozed. The problem, again, is that a significant portion of the mill bench has already been backfilled to the requisite `final' slope, so the DRMS should take that into account in its requested re-evaluation of the appropriate Surety amount for the CaTX Quarry. Request for Recalculation of Appropriate Surety Amount: Ca1X now requests that DRMS re-evaluate the appropriate Surety Amount for the Mid - Continent Quarry (Mining Permit 1982-121), taking into account the following factors: i. When Ca1X, or any successor entity, ceases operations, there will be substantial salvage value associated with the rockdust mill building, the rockdust mill and its spare parts and tools, the programmable logic controls and robotic packaging array located within the building, the finished -product air -handling system, and the associated siloes