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The sources of the water entering the C-Pit come from direct precipitation, seepage from an upland irrigation ditch located west and south of the pond, and water that is applied to the cement kiln dust several times a day to minimize wind blown dispersal. Spray water, which is drawn from the A-Pit, picks up soluble consfituents from the CKD: these include mostly lime (from limestone), chloride (from clays), and sulfate (from gypsum that is added to the process). This solute washes over and through the CKD and into the pond. Due to operational changes, the pool of water in the C-Pit has significantly increased over the yeazs such that a portion of the CKD is underwater. The pool of water in the C-Pit covers approximately 7 acres in size and consists of 100 acre-feet of water. There aze several environmental and regulatory issues regazding the water quality in the C-Pit. Rule 3.1.8 of the Construction Materials Rules and Regulations require that all aspects of the mining and reclamation plan shall take into account the safety and protection of wildlife on the mine site, at processing sites, and along all access roads to the mine site with special attention given to critical periods in the life cycle of those species which require special consideration (e.g., elk calving, migration routes, peregrine falcon nesting, grouse strutting grounds). The high selenium and pH have a potential effect on wildlife from the surface of the pond and the elevated sulfate and selenium and its effect on groundwater quality. In response to the Division's concerns, CEMEX provided a wildlife resource assessment report for the CEMEX "C" Pit and CKD Disposal Site. CEMEX met with DOW on site prior to submittal of the report (Shazleen Hager and Windy Lassiter). The report describes the wildlife habitat types and potential wildlife species present at the CEMEX C-Pit site and discusses potential impacts to wildlife from the presence of the exposed water in the C-Pit. Tn addition, the report provides wildlife mitigation options. The DMG is requesting assistance from the DOW regazding the assessment of the report and the proposed mitigation options proposed by CEMEX. Due to the elevated parameters of selenium and pH and possible impacts to the surrounding wildlife, the Division requests and would appreciate an expedited review and any comments from the DOW on or before October 4, 2004. Please direct any questions or comments to Ms. Erica Crosby of the Division of Minerals and Geology, 1313 Shennan Street, Room 215, Denver, Colorado, 80203, 303-866-4943. Enclosure: Wildlife Resources Assessment CEMEX "C" Pit and CKD Disposal Site Report on Storage of Cement Kiln Dust Southdown, Inc.- Lyons Plant cc: Cazl Mount; DMG Harry Posey; DMG Erica Crosby; DMG Kate Pickford; DMG John Lohr; CEMEX, Inc. Paul Banks; Banks & Gesso Michael Figgs; LREP