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cc <br />cmcx <br />September 8, 2008 <br />David Byrd <br />Environmental Protection Specialist <br />Division of Reclamation, Mining & Safety <br />1313 Sherman St. Rm. 215 <br />Denver, CO 80203 <br />Via certified mail: 7004 2890 0003 2049 6723 <br />SEP P, ?.003 <br />RE: TR-10, Permit M1977-208, CEMEX Lyons Quarry, elimination of risk to waterfowl <br />Dear Mr. Bryd: <br />CEMEX requests a Technical Revision (TR-10) to mining permit M1977-208, CEMEX Lyons <br />Quarry, based on the reduction of risk to wildlife. We request the removal of a net or other <br />"surface water cover," and removal of the condition of daily monitoring for the presence of <br />wildlife. Further, we request approval to continue the existing dust suppression plan (watering <br />and sprinkling exposed CKD), as no coordination with the CDPHE Air Pollution Control <br />Division is possible. <br />Based on the existing conditions of M1977-208, CEMEX is permitted to dispose of cement kiln <br />dust in an area commonly referred to as "C-Pit". Infiltration of water into this area limited the <br />use of this area for the purpose of disposal of CKD and presented a potential risk to wildlife, <br />particularly waterfowl. Several issues presented potential for concern and thus monitoring. <br />Quarterly water quality monitoring was established, with the parameters analyzed based on the <br />results of TCLP leaching study, groundwater modeling, and a wildlife assessment. Note that <br />limits, except for pH, were not established because the groundwater in the vicinity is unclassified <br />in terms of Water Quality Control Commission standards and background levels were not <br />established. The "reasonably potential future use" of groundwater is neither drinking water nor <br />agricultural, however, the most restrictive standards of the WQCC regulations are referenced. <br />Lyons Plant <br />P.O. Box 529, Lyons, CO 80540. USA, (303) 823-2100, Fax (303) 832-2199