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Ms. Erica Crosby Page 2 of 2 <br />Division of Minerals and Geology December 1, 2005 <br />Selenium Treatment <br />On or before April 151, 2005, Cemex will submit a Technical Revision (TR-07) for treating C-Pit <br />water to lower selenium concentration to at or below the standazd. Cemex is currently <br />conducting biological treatability testing for the removal of selenium, and expects to have results <br />toward the end of the first quarter of 2006. Once iC is completed, we will transmit the results of <br />this work or meet with the DMG at that time. Assuming that the start up and operation of the <br />modified consumptive use approach proposed in this TR-06 is successful in lowering the water <br />level and reducing the surface area, treatment for selenium will not be required. Until that <br />determination is made, however, we will continue our assessment of the treatment process as a <br />future alternative. <br />Wildlife Impacts <br />Continued observation in C-Pit over the last year has shown no significant wildlife presence and <br />no wildlife mortality. Only pigeons have been observed roosting on the highwalls. Cemex <br />understands the Division is concerned about long term wildlife impacts after the proposed <br />consumptive use pumping plan has reduced the pond in C-Pit to its smallest practical size. <br />Since it is currently unknown how much water (or how much surface area) will remain in C-Pit <br />at the end of the consumptive use pumping, Cemex proposes to revisit the issue with DMG on or <br />before September 1, 2006 (about 6 months after the start of pumping). If it is determined at that <br />time that the quantity and quality of any water remaining in C-Pit poses a threat to wildlife, <br />Cemex will commit to a mutually agreeable form of wildlife access mitigation. <br />If you have any questions please contact Mr. Eric Hodek of my staff at (303) 823-2115. <br />Sincerely, <br /> <br />John Lohr <br />Plant Manager <br />Encl (4) <br />TR application fee of $188 <br />Brown and Caldwell treatment system narrative and drawings (3) <br />