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ig i <br />i®~ <br />Adequacy Ifeme <br />SIiB AGRA Project E92-7075 <br />Page 5 <br />• The Division recommends that the operator consult 34-32-112.5 and 116.5 as to <br />whether this operation would fit the category of a designated mining operation and <br />therefore is subject to the requirements outlined in these sections, including but oot limited <br />to, an environmental protection plan and establishing points of compliance for upgradient <br />and downgradient groundwater monitoring. Please provide either evidence that this is <br />a Designated mining operation or that you will provide the required information for a <br />Designated mining operation. <br />The applicant firmly believes that the Dowe Flats quarry is not a "designated mining operation" <br />as defined in the Colorado Mined Land Reclamation Act (34-32-101 ET SEQ., C.R.S. 1973 as <br />Amended). Section 34-32-103 (3.5) (a) (I), (II) and (b) define "designated mining operation" <br />as follows: <br />A mining operation at which: <br />• Toxic or acidic chemicals used in extractive metallurgical processing are <br />present on-site; or <br />• Acid or toxic forming materials will be exposed or disturbed as a result <br />of mining operations. <br />• We do not believe Dowe Flats meets either of these criteria and that it was not the intent of the <br />law to regulate open pit limestone quarries as "designated mining operations". The law was <br />specifically aimed at such operations as cyanide leach gold mi~ ~~ ~ y~ ~ , re 1., ~ <br />Limestone and shale will be mined at Dowe Flats by removing soil and overburden and blasting <br />the ore. Fragmented limestone and shale are loaded directly into haul trucks and are taken to <br />the cement plant. There is no processing planned on Dowe Flats. There is absolutely no <br />"extractive metallurgical processing". <br />The question by the Division relates to whether the 4th Ridge (a limestone-shale unit within the <br />Niobrara Formation) has a high enough pyrite content and/or is exposed to oxidation enough to <br />produce significant acid mine drainage, which in turn could adversely affect any person, <br />property or the environment. We offer the following as demonstration that this is not the case: <br />1. pH monitoring of water contained in and being discharged from the existing <br />quarries consistently shows a neutral to basic pH. The water is exposed to the <br />same rack units and the measurements have been consistent for many years. <br />2. 4th Ridge material that is desirable for cement manufacture has had the pyrite <br />weathered out. Weathered 4th Ridge material overlies the unweathered and <br />therefore the unweathered rock will be left in place. No pyrite bearing, <br />unweathered 4th Ridge rock will be mined. <br />AG RA <br />EarM & Environmen to/Group <br />