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fh4-oa <br />i <br />CONSTRUCTION MATERIALS EXTRACTION <br />OR EXPLORATION OPERATION <br />Presentation Form <br />Inspection Date: 12-7-2004 <br />File No.: M-1993-041 <br />Petmittee: CEMEX, Inc. <br />Operator: CEMEX, Inc. <br />Existing Bond: $2,233,452.00 <br />Method of Mining: Surface <br />Permit Type: 112c <br />Permitted Acres: 1,942.33 <br />Commodity: Limestone <br />County: Boulder <br />Adequate?: YES <br />Specialist: Erica Crosby <br />Consideration of the operator's appeal of the Division's decision to deny a request for acreage release: <br />November 8, 2004 CEMEX, Inc. requested an acreage reducfion for the removal of two pazcels of land from the <br />Dowe Flats permit boundary (87.88-acres). <br />• 2.0- acres owned by Poudre Valley REA <br />• 85.88-acres owned by the Ciry of Longmont <br />December 7, 2004 DMG inspected the release request azeas. <br />• e -acres owne y ou e a ey contame a su statton. T e su statton was <br />constmcted in 1998 to serve homes up the valley and the CEMEX Plani located ai the Lyons <br />Site, Permit No. M-1977-208. <br />• The 85.88-acres owned by the City of Longmont was under construction for a new water <br />treatment facility to serve the town of Lyons and the City of Longmont. According to <br />CEMEX, the plant will be operating in the summer of 2005. The City is constructing large <br />buildings on site and a number of holding ponds. <br />------ -- - • oeD snot appeaz t at a acUviUes note m ese parcels are nnning re ated. <br />December 10, 2004 DMG Denied release request because he substation and water treatment facilities do not conform <br />to the postmining land use of rangeland and aze not addressed in the Dowe Flats mining and <br />reclamation plan. Operator's options; <br />Amend the reclamation plan to include a substation and water treatment plan as a component <br />of the permit, OR <br />Appeal the Division's decision before the Mined Land Reclamation Boazd by submitting a <br />request for Administrative Appeal to the Office according the provision of Section 1.4.11. <br />December 23, 2004 CEMEX requested an Administrative Appeal according to the provisions of Section 1.4.11. <br />• Both the Poudre Valley REA and the City of Longmont are in favor of release (see attached <br />letters) <br />• No mining related disturbance occurred on the pazcels. <br />• Amending the permit to include facilities as part of reclamation plan would not provide <br />additional protections or benefits to any relevant parry, and could interfere with the <br />construction and/or operations of the non-mining activities. <br />