2009-05-26_REVISION - M1993041 ‎(3)‎

• Permit No: M1993041
• IBM Index Class Name: REVISION
• Doc Date: 5/26/2009
• Doc Name: Submittal
• From: CEMEX
• To: DRMS
• Type & Sequence: TR2
• Media Type: D
• Archive: No

• Recalculation of Financial Warranty
Cemex requests that the Division review their previous calculations that
resulted in the current financial warranty for the Dowe Flats Mine. If
possible, we would also like to review these calculations. The rationale for
this request is to make sure that any increase in financial warranty
required by the Division as a result of this Technical Revision isn't
something that is already included in the existing financial warranty. For
example, the 1994 amendment included moving the large waste rock pile
at the southern end of the mine to the extreme northern end of the mine
for final reclamation backfill. If the movement of that material is already
covered by the financial warranty then it should not result in an increase in
the financial warranty. Furthermore, if Cemex is allowed to move that
material shorter distances, as requested in this Technical Revision, that
may result in a decrease in the financial warranty.
• Ponded Surface Water Runoff in the Mine
Rainfall and snowmelt accumulate on the mine floor. Currently this occurs
in three areas in the mine and these areas are shown on Figure 5. As of
this writing, the three ponds cover about 2.8 surface acres and contain an
estimated 16.7 acre feet of water. These numbers will vary with the
season of the year and precipitation events.
Cemex has a valid CDPS Discharge Permit and Dewatering Permit, and
may dewater into a nearby drainage or ditch. There is also a dewatering
well in the mine and its location is shown on Figure 5. Around January
2006, Cemex began using this ponded water for dust control in the mine
and does not currently dewater and discharge off-site. Cemex reserves
the right to reactivate dewatering in the future.
Because Cemex is storing and using some of this water out-of-priority,
and there are evaporative losses, Cemex has retained the law firm of
Petros & White, LLC to address this issue. Petros & White has discussed
the matter with the local Water Commissioner and the Division of Water
Resources. Attached to this Technical Revision request are letters from
Petros & White to the Water Commissioner and Assistant Division
Engineer which proposes a plan of surface water exchange or substitution
to resolve this issue.
Should you need additional information, please feel free to contact me at 303-
274-4277, or by electronic mail to: [e-mail] or Monica
Sowders at Cemex, 303-823-2115, or by electronic mail to:
[e-mail].
Cemex, Inc. - Dowe Flats Limestone Mine Page 5
2009 TR-02