2023-01-17_REVISION - M1977208 (2)

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January 10, 2023 REC, IVED Jared Ebert Colorado Division of Reclamation, Mining and Safety 17 2023 1001 E 62nd Ave, Denver, CO 80216 C,,VISION Or REG AVIATION Dear Jared, I am writing regarding the Lyons Quarry Permit M1977208. With the closure of CEMEX's Dowe Flats mine on September 30, 2022, CEMEX has started trucking in 100% of their raw materials from multiple distant locations, leading to a significant increase in truck traffic on US-36 and Highway 66. According to your terminology, this constitutes an alteration as it changes the plant from a connected "Mining Operation"to a "Custom Mill". DRMS has previously stated that monitoring and regulation of standalone cement plants is not within your core focus or competency. In addition, DRMS has indicated that the mining activities at the Lyons Quarry are related to the processing of material mined from the Dowe Flats Mine, and that the closure of the Dowe Flats Mine would have implications for the Lyons Quarry permit. Any changes to the previously approved plan, such as changing the primary source location of raw materials, would require review through an Amendment or Technical Revision submission. Separate from the above, the current Reclamation Plan for Cemex Lyons includes a surety bond of approximately$8.9MM, which is based on estimates from nearly 20 years ago. DRMS has indicated that this bond amount is likely inadequate in present day dollars and needs to be reassessed. The Reclamation Plan also now calls for the burial of concrete rubble and the onsite disposal of various materials, which is a significant modification to the Reclamation Plan and was approved via a Technical Revision in the 2001/2002 timeframe without an Amendment and the corresponding public notice process. In light of these circumstances, including the modification to the Reclamation Plan without public comment and notice, the inadequacy of the surety bond, the recent closure of the Dowe Flats mine, and CEMEX's decision to continue operating the plant by trucking in 100%of their raw materials, I believe that an Amendment process for the Lyons Quarry Permit M1977208 that includes a public notice process is warranted, or at the very minimum, CEMEX should file for a Technical Revision. To the best of my knowledge, neither of these have been done, and I am requesting an investigation and follow up from DRMS. Thank you for your time and attention. I look forward to hearing from you soon. Sincerely, Sarah Lorang 12800 Foothills Highway; Longmont, CO 80503 303-476-0089 cc: Patrick Lennberg.Amy Eschberger