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Re: ,Compliance issues atDowe Flats Mine, M-1993-041 <br />Dear Mr. Keffelew: <br />This letter is to inform the Division of Reclamation, Mining and Safety that Banks and Gesso, <br />LLC has been retained by CEMEX, Inc., to resolve permit compliance and other technical <br />issues with the Dowe_Flats Mine: As you may be aware, this office and Paul T." <br />-- <br />principal of Banks and Gesso, LLC,,have a history of work on the site, which the operator <br />determined to be helpful to resolving issues identified by the Division. You may also be <br />aware that the operator's environmental officer has been incapacitated by illness in recent <br />weeks, making further progress toward resolution very difficult without outside' assistance. <br />After: contacting this.office, the operator furnished Banks and Gesso with a copy of `the <br />Division's Inspection Report, dated 12/5/08 and based on a 11 /13/08 inspection, . We are in :. <br />the process of evaluating conditions on the site and other records of the operator and;whte to <br />request that additional time be provided for us to effectively resolve this issue in. cooperation'. <br />with the Division: <br />It is our. preliminaryassessment that field work and significant research may be necessary-to <br />satisfactorily resolve the current compliance issues. The Division has requestednumerous <br />measuremehts. and other information in the form of a Technical Revision. Prior to our <br />.involvement, the operator-had initiated the gathering of this information, but we have not had <br />adequate time to review completed work nor to formulate a technical revision application. to' <br />meet DRMS requirements. <br />On behalf of CEMEX, Inc., please consider the operator's request to defer further actioft. - <br />the Division's acknowledged Inspection Report, to allow Banks and Gesso, .LLC adequate <br />time to.addresscompliance issues. We anticipate that-it. may involve an additional 90 days <br />extension to compile field data. and draft appropriate text and mapping for the `Technical -. <br />Revision. We would plan on working with the Division in the process of working.through <br />these technical issues and Could provide a written report on progress on-March..27, 2009, <br />one month from today, if requested by the Division. <br />Thank you for-your consideration of this request. Please contact Banks and Gesso; LLC'with <br />any questions concerning this request. <br />Sincerely, <br />BANKS AND,GESSO-, LLC <br /> <br />Alex Schad---' <br />cc: Steve Goodrich; CEMEX,.Inc.