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esc, cbm~ h h p <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Departrnent of Natural Resources <br />7373 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 8328106 <br />Mazch 6, 2006 / <br />Mr. Eric Hodek <br />CEMEX, Inc. <br />P.O. Box 529 <br />Lyons, CO 80540 <br />RE: CEMEX, Inc., Lyons Mine, Permit No. M-1977-208 <br />iil5elayed Pumping of the C-Pit <br />Dear Mr. Hodek, <br />COLORADO <br />DIVISION O F <br />MINF~RALS <br />GEOLOGY <br />EEC IA NATIO W MINING <br />Bill Owens <br />Govenar <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Rewurce Trustee <br />The Division received your ]etter of February 23, 2006 regarding the pumping delay of C-Pit water as <br />specified in the Technical Revision 06 (T)~06 ,for the CEMEX, Inc. Lyons mine, Permit No. M-1977. <br />In your letter and our phone conservation of March 1, 2006, you state that pumping of the pit will not <br />occur until April 15, 2006 due to procurement issues. However, TR-06 specified that pumping of C-Pit <br />water would occur no later than March 1, 2006. Please be reminded that CEMEX committed to <br />reduce/eliminate waters within the C-Pit within 12 months of the approval of TR-04 dated February 28, <br />2005. To date, only four feet of water has been removed from the pit. <br />The Division will extend the deadline to begin removal of C-Pit water to April 7, 2006. Please notify <br />the Division in writing as to when pumping of the C-Pit commences. In addition, a revision to address <br />selenium in the C-Pit must be submitted on or before April 1, 2006 (as required as a stipulation to TR-06 <br />approval). Failure to meet these time frames may be considered a violafion for failure to follow the <br />approved reclamation plan and will be scheduled before the Mined Land Reclamation Boazd (NLRB). <br />If you have any questions, please do not hesitate to contact me at 303-866-4943. <br />mcerely, /~ <br />(G\J ! <br />Erica S. Crosby <br />Environmental Protection Speci list <br />cc: Carl Mount; DMG <br />Harry Posey; DMG <br />Paui Banks; Banks & Gesso <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />