2004-12-23_REVISION - M1993041

• Permit No: M1993041
• IBM Index Class Name: Revision
• Doc Date: 12/23/2004
• Doc Name: Request for MLRB Hearing
• From: Banks and Gesso LLC
• To: DMG
• Type & Sequence: AR2
• Media Type: D
• Archive: No

~~ Banks and Gesso, LLC '~ 720 Kipling St.,Suite117
^^ Lakewood, Colorado 80215
[phone]
Fax [phone]
December 22, 2004 www.banksandgesso.com
Ms. Erica Crosby ~ ~~«/~®
Environmental Protection Specialist
Division of Minerals and Geology OFC 2 3 ~¢
1313 Sherman St., Room 215
Denver, Colorado 80203 ~ Div+sionaiMfoeraiSyndGeology
Subject: Request for Mined Land Reclamation Board Hearing;
~~EMEX, Inc., Dowe Flats Mine, Permit No. M-1993-041;'
,/AR-2; Acreage Reduction Request Denial
Dear Ms. Crosby
On behalf of our client, Cemex, Inc., we request an Administrative Appeal, according to.
the provisions of Section 1.4.11, of the Division's decision, dated December 10, 2004, to
deny the recent Acreage Reduction request at Dowe Flats Mine.
All of the property for which Cemex is requesting acreage reduction is owned by either
the City of Longmont (for use as a municipal water treatment plant) or the Poudre Valley
Rural Electric Association (for use as a substation). Both of the entities are in favor of
the removal of their property from the permit boundary. There has not been any mining
or mining-related activity at either of these sites.
Cemex is directly and adversely affected by this decision, as it could lead to Cemex
being required to amend its reclamation permit to include the uses described above, or
to be responsible for reclaiming land disturbances associated with these non=mining
uses. Both situations could result in economic loss and potential injury to Cemex's
business interests related to the Dowe Flats mining operation.
As permittee and operator of the Dowe Flats Quarry, Cemex's interest in the property is
protected by the Act.
Cemex will asked the Mined Land Reclamation Board to recognize the following facts,
and grant approval of the acreage reduction request:
1. All relevant parties are in favor of this request;
2. No mining or mining-related disturbance has occurred on the parcels covered by
this request;
3. Landowners of the subject parcels would be opposed to Cemex reclaiming the
property per the currently approved reclamation plan;