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JOHN W. SUTHERS <br />Attorney General <br />CYNTHIA H. COFFMAN <br />Chief Deputy Attorney General <br />DANIEL D. DOMENICO <br />Solicitor General <br />Norton Cutler, Esq. <br />Chris Sutton, Esq. <br />Perkins Coie LLP <br />1900 Sixteenth Street, Suite 1400 <br />Denver, CO 80202 -5255 <br />Mr. Cutler and Mr. Sutton, <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 7th Floor <br />Denver Colorado 80203 <br />Phone (303) 866 -4500 <br />May 22, 2012 <br />RE: Pikeview Quarry, Permit No. M- 1977 -211, Amendment 4 Confidentiality Designation <br />I represent the Colorado Division of Reclamation Mining and Safety ( "Division "). On <br />May 11, 2012, the Division received the application entitled "CONFIDENTIAL Permit <br />Amendment 4" ( "AM -4 "), submitted on behalf of Continental Materials Corporation <br />( "Continental ") and its subsidiaries. The Division has determined that significant portions of <br />AM -4 have been improperly designated as "confidential." Accordingly, the Division cannot <br />consider AM -4 as "filed" and cannot begin its technical review. <br />Reclamation permits are public documents and applicants are limited in the scope of <br />information they may designate as "confidential." Information may be held "confidential" only <br />if it relates to the location, size, or nature of the deposit, the depth and thickness of the deposit, or <br />the thickness and type of overburden to be removed. See C.R.S. § 34- 32.5- 112(8); 2 C.C.R. 407- <br />4, Rule 1.3(3). The Division must ensure that all information that does not fall within those <br />prescribed categories is promptly made available for public inspection. Rule 1.3(1). Every <br />application must undergo a public notice and comment process, beginning with publication of all <br />non - confidential information. See C.R.S. § 34- 32.5- 112(9); Rule 1.6.2. <br />Continental's attempt to designate every exhibit to AM -4 as "confidential" is inconsistent <br />with the governing law and regulations. The substance of AM -4, like most applications, is <br />contained within its exhibits. Those exhibits include significant information that does not fall <br />within the scope of confidentiality protections and must be made available to the public. The <br />