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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />June 4, 2003 <br />Mr. Richazd Cargill <br />St. Vrain Valley Community Watchdogs <br />P.O. BOX 82 <br />Hygiene, CO 80533 <br />RE: CEMEX, Inc., Lyons Mine, Permit No. M-1977-208 <br />Response to 5/9/03 Letter on Dust Emission <br />Deaz Mr. Cargill, <br />The Division of Minerals & Geology (Division or DMG) received <br />regazding fugitive emissions as a result of the Dement kiln dust (CI <br />Lyons Mine; Permit No. M-1977-208. <br />r letter on May 9, 20.03 <br />at the CEMEX Inc.. <br />COLORADO <br />DIVISION O F <br />MIN &RALS <br />GEOLOGY <br />0.EC LAMATION•NINING <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive DireRar <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />A copy of your letter was sent to CEMEX Inc., for their explanation on the events of May 4, <br />2003. CEMEX sent the Division a letter dated May 6, 2003 addressed to Ms. Pamela Mihnoe <br />of the Boulder County Health Department. The letter documents the nature and time of the <br />complaints that occurred on May 4, 2003. A copy of the letter is attached for your information. <br />Based on the conversation with Steve Mossberg of CEMEX regazding the events of May 4, <br />2003 and the letter to the Boulder County Health Department, the Division is unable to cite a <br />procedural error in the handling of CKD at the site. In addition, the Division does not have the <br />authority to regulate fugitive emissions under the Colorado Land Reclamation Act for the <br />Extraction of Construction Materials or the Construction Material Rules and Regulations. Such <br />activity is generally regulated by the County Health Department and the Colorado Department <br />of Public Health and the Environment; Air Pollution Control Division. The DMG ensures the <br />proper disposal of CKD in terms of groundwater protection, closure for final reclamation and <br />what needs to be incorporated into the reclamation cost estimate. <br />If you have any questions, please do not hesitate to contact me at 303-866-4943. <br />Since <br />Erica S. Crosby ~~ <br />Environmental Protection Specialist <br />Enclosure (copy of letter from CEMEX to Boulder County Health Department) <br />cc: Steve Mossberg; CEMEX, Inc. <br />Pamela Milmoe; Boulder County Health Department <br />Office of - Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />