2002-07-08_PERMIT FILE - M2002004

• Permit No: M2002004
• IBM Index Class Name: PERMIT FILE
• Doc Date: 7/8/2002
• Doc Name: RESPONSES TO PRELIMINARY ADEQUACY REVIEW
• From: GCC RIO GRANDE
• To: DRMS
• Media Type: D
• Archive: No

Mr. Al Amundson
Mr. Anthony J. Waldron
Environmental Protection Specialist
State of Colorado
Department of Natural Resources
Division of Minerals and Geology
July 8, 2002
Page 6
{80600:1}
6. (Page 10) — Clear water diversions are addressed on page D -11 and Appendix F.
F. 6.4.9 EXHIBIT I — SOILS INFORMATION
(Page 11) - GCC will replace all available growth medium to a final depth of 12-
24 inches, as stated in attached revised Exhibit E.
G. 6.4.10 EXHIBIT J— VEGETATION INFORMATION
1. (Page 11) - Vegetation is mapped on attached revised Exhibit C -2.
H. 6.4.12 EXHIBIT L — RECLAMATION COSTS
1. (Page 11) - Attached new Exhibits D -1 and D -2 illustrate the mining and
reclamation activities for Year 8, which should represent all cycles of mining and
reclamation and be suitable for bonding calculations. GCC has recalculated the
bond estimate based on the disturbance areas and volumes represented by this
exhibit, as shown in revised Exhibit L. With the approval of the Division, GCC
Rio Grande has amended the reclamation proposal to include burial of inert
material on -site, sale of materials, or recycling of materials. Revised Exhibit L.
I. 6.4.14 EXHIBIT N — SOURCE OF LEGAL RIGHT TO ENTER
1. (Page 11) - GCC Rio Grande, Inc., has previously provided Colorado Secretary of
State name change information and documentation, as well as a letter from the
Colorado State Land Board Minerals program director recognizing the corporate
name change and continued legal right to enter the property. The law of
corporations in the State of Colorado provides that a corporation maintains all
legal rights and responsibilities upon change of entity name or merger into a new
corporation. See, Colorado Revised Statutes ( "C.R.S. ") § 7 -1 -201 et. seq.
Specifically, Colorado law provides that title to all real estate and other property
owned by the corporation is transferred to and vested in the surviving corporation
by operation of law, and no further consent or approval is required. See, C.R.S. §
7 -111 -107. The newly named corporation has all rights, responsibilities, and
liabilities held by the corporation under the previous name. See, C.R.S. 7- 101 -101
et. seq. Accordingly, GCC Rio Grande, Inc. has succeeded to all property
interests held in the name of the former corporate name Rio Grande Portland
Cement and no further action is required to perfect those legal rights of entry.