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In accordance with the initial CKD disposal plan submitted under TR-Ol, CEMEX was required <br />to sample the water in the C-Pit and the adjacent A-Pit for field parameters as well as for <br />selenium and thallium. In 2004 CEMEX reported elevated pH and selenium values within the <br />confined waters of C-Pit where CKD is disposed (350 ug/1 for selenium). A secondary sample <br />taken by CEMEX confirmed the elevated values. The Division obtained its own samples from <br />C-Pit which noted a pH of 12 and selenium concentration of 184 ug/L. As a result of the high <br />pH and selenium in the C-Pit water, the Division requested CEMEX to file a ground water <br />response plan, ground water mitigation plan and a wildlife report. CEMEX modeled the <br />potential impact of C-Pit water on groundwater quality in the underlying Dakota sandstone <br />aquifer using a groundwater flow and transport model. 'The results of the analysis indicate that <br />none of the constituents will adversely impact Dakota sandstone groundwater quality. In <br />addition, CEMEX provided a Wildlife Resource Assessment Report to determine what impacts <br />may occur to wildlife and migratory birds as aresult of C-Pit water. The report was forwarded <br />to the Division of Wildlife and the US Fish and Wildlife for their comments. The long term <br />solution involves the removal of the water and prevention of further excess accumulation of <br />water in the pit. Until the water is removed from the pit, CEMEX is required to monitor the use <br />of the C-Pit by migratory birds including birds protected by the Endangered Species Act. <br />CEMEX also installed an 8-foot high gate on the access road and placed and 8-foot high <br />construction fence along the leading edge of the bank to prevent deer from entering the area. <br />In 2005 Technical Revision 04 ("TR-04") was submitted to add detection wells in the Fort <br />Hayes formation and revise the current monitoring plan. The monitoring plan includes <br />quarterly sampling of C-Pit and the detection wells for dissolved selenium, dissolved thallium, <br />pH, total dissolved solids; sulfates and chlorides. CEMEX proposed to reduce pH and selenium' <br />levels in C-Pit by continuing to pump the water out until the pond reaches its minimum depth <br />and steady-state size based on the limitations of the submersible pump. The pumping lowered <br />the water level by approximately four feet until it had to be terminated in August 2005 due to <br />continuing problems with precipitated solids clogging the system and impacting plant operation. <br />Technical Revision 06 ("TR-06") was submitted to the Division in January of 2006 requesting <br />that water from C-Pit be pumped continuously into the spray tower of the cement plant at a <br />higher flow rate while lowering the pH of the water. Technical Revision 07 ("TR-07") was <br />submitted to the Division in March of 2006 to address a conceptual design and cost estimate for <br />a biological water treatment system to remove selenium from water that has accumulated in the <br />C-Pit. The reclamation bond was increased in additional $735,000.00 to address treatment of <br />the water in the C-Pit to ensure reclamation of the pit. <br />The final reclamation plan for the C-Pit is to backfill the pit with CKD to approximately the top <br />of the existing highwalls. Two feet of compacted clay will be placed on top of the CKD and 6- <br />12" oftopsoil will be placed on top of the clay barrier. The final surface of the reclaimed land <br />will be mounded to inhibitrun-on and promote drainage off the area. <br />While the water in the C-Pit has contained elevated levels of selenium ranging from 350 ug/L to <br />540 ug/L and a pH of 12 for a number of years, CEMEX has currently not violated any of the <br />conditions of the permit, the Colorado Land Reclamation Act for the Extraction of Construction <br />Materials ("Act") or the Construction Material Rules and Regulations. <br />