2004-11-23_REVISION - M1977208

• Permit No: M1977208
• IBM Index Class Name: Revision
• Doc Date: 11/23/2004
• Doc Name: Adequacy Letter #2
• From: DMG
• To: Banks and Gesso LLC
• Type & Sequence: TR3
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OE MINERALS AND GEOLOGY ~/
Department of Natural Resources
1313 Sherman S[., Room 215 C O L D RA D O
Denver, Colorado 80203 DIVISION O F
Phone: [phone] M I N E
RA L $
~
FAX: [phone]
GEOLOGY
REC LANATION•MIN ING
SAf ETY•SCIENCE
November 23, 2004 / Bill Owens
Governor
Ms. Maureen Jacoby ~ Russell George
Banks BC Gesso, LLC Executive Director
720 Kipling St., Suite 117 Ronald W. Cattany
Division Director
Lakewood, CO 80215 Natural Resource Trustee
/
RE: CEMEX, Inc., Lyons Quany; Permit No. M-1977-208
TR 03; Adequacy Letter #2 ,/
Deaz Ms. Jacoby:
The Division received the adequacy responses submitted by Banks & Gesso for Technical Revision
(TR-03) for the Lyons Quarry, Permit No. M-1977-208 operated by CEMEX, Inc. The Division has
the following comments:
1. As previously stated, in 1984 the Division approved a technical revision to leave a highwall
along the east and south sides of the A-Pit Reservoir. At the September 26, 1984 Mined
Land Reclamation Boazd (NLRB) meeting, the revision was approved with a stipulation.
The stipulation states the azea may not be used for recreational purposes as a final
reclamation land use, and the public access to the lake be prevented by using a 6-foot chain
link fence with barbed wire azound the top.
CEMEX responded by stating that there is currently not a fence along the A-Pit highwall as
required by the NLRB. In order to change a condition or stipulation to a permit action
required by the Boazd, the operator must petition such change to the Board. At this time, the
Division cannot approve the installation of a fence along the perimeter of the Cemex-owned
property as a safety measure to prevent entry into the A-Pit. The Division does not consider
fences as an adequate safety measure to prevent entry into pits due to the continual
maintenance. However, such safety measure was stipulated by the Boazd in 1984, so it must
be put in place within 60-days of approval of this revision unless CEMEX petitions the Board
to change the stipulation.
In addition, the Division will require that CEMEX provide documentation that this portion of
the property will not be used for recreational purposes as a fmal postmining land use. This
was also listed as a stipulation to approval in 1984 to leave the highwall in place. Such
documentation shall include inclusion of such language in the deed to the property.
2. As noted by CEMEX, retaining the highwall was approved for the A-Pit, but was not
approved for the Leiding Pond. The Division will honor the 1984 approval to leave the
highwall in place for the A-Pit without a stability analysis, but will not approve leaving the
highwall in place for the Leiding Pond. The Division does not approve retaining highwalls
on pits that contain water. The Division considers such practice as unsafe and typically does
not waiver from Rule 3.1.5(7) which requires pond slopes to be no steeper than a ratio of
Office of Office of Colorado
Mined Land Reclamation Acrive and Inactive Mines Geological Survey