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• Mine Safety and Health Administration Inspection: Editor Pamela White reports in "The Dust Settles," that "the conflict came to a peak this past fall when a whistleblower from Cemex presented the state and Boulder Weeklv with videotapes showing deep piles of dust in and around the facility, some of them waist- high. The whistleblower's actions resulted in a month-long inspection of the plant by worker-safety officials from the Mining Safety and Health Administration (MSHA), a branch of the U.S. Labor Department. MSHA issued citations as a result of that inspection, but the reports are not yet available to the public." (Boulder Weeklv, February 26, 2004) • Review of sufficiency of reclamatiou bond -recalculated from $369,100 to $8,039,100: In July of 2003, the Watchdogs received a letter from the Colorado Division of Minerals and Geology informing us that the Division had approved a new cost estimate for the future demolition of the facility and the reclamation of the property to irrigated pasture. The Division increased Cemex's bond from $369,100 to $8,039,100. Here's what Cemex requested: •Tire Burning Permit (SU-88-21): Cemex is proceeding with its plans to burn tires as fuel using a fire burning permit originally approved for Southwestern Portland Cement Inc in 1990. (See "Legacy Burden" p.2) On April 10, 2003, Cemex notified the Director of the Boulder County Land Use Department that it reserves the right to pursue a claim against the county in that regard. The Director of the Boulder County Land Use Department determined that the 1990 permit (SU-88-21) is still in force, and Cemex may resume fire burning under this permit. The Sierra Club and the Caribou Springs Ranch Homeowners Association are challenging this decision with a legal action asserting that the Land Use Department violated the law. District Court Judge, Roxanne Bailin, is expected to rule in this matter this summer. Should Judge Bailin Wile in favor of the aggrieved parties, then the fire burning permit will be deemed lapsed and of no further force and effect. If this occurs, Cemex then may apply for a new special use permit to burn used tires as a supplemental fuel. The permitting process affords an opportunity for public hearings before the Boulder County Planning Commission and the Boulder County Board of County Commissioners. In the meantime, continued public awareness and education concerning the issues will hopefully bring more citizens forward to oppose this activity. 4