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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY L~ <br />Department of Natural Resources <br />1313 Sherman St, Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832.8106 <br />October 14, 2004 <br />Mr. John Lohr <br />CEMEX <br />P.G. BOX $29 <br />Lyons, CO 80$40 <br />RE: CEMEX, Inc., Lyons Mine, Permit No. M-1977 208 <br />Wildlife Mitigation Plan <br />Dear Mr. Lohr, <br />COLORADO <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />0.ECI.AM ATION•MININL <br />SAFETY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cottony <br />Division Director <br />Natural Resource Trustee <br />The Division has reviewed the Wildlife Resource Assessment Report submitted by Michael Figgs of LREP on <br />behalf of CEMEX, Inc. for the Lyons Quarry. in addition the Division met with the CEMEX staff and Banks & <br />Gesso on September 24, 2004, and reviewed the Colorado Division of Wildlife (DOW) comments submitted to the <br />DMG on October 04, 2004. <br />The Division has the following comments regazding the wildlife mitigation plan. <br />The Division received comments from the DOW regazding mitigation options. A copy of the letter is attached <br />for reference. The DMG and DOW concur that removal of the water, and prevention of further excess <br />accumulation of water in the pit be implemented as a long- term solution. For a short term solution, the minor <br />mitigation option to install an 8' gate on the access road and to place an 8' construction fence along the leading <br />edge of the bank is required to prevent deer from entering the area and possibly contacting the water or falling <br />into the pit. The implementation of the gate and the fence should be in place on or before November 22, 2004. <br />2. The primary concerns expressed by the DMG at the September 24, 2004 meeting centered around the potential <br />impacts on wildlife of the water in the "C" Pit which has high levels of selenium and a pH of approximately <br />12. It was agreed that there probably was not a major short- term concem from the conditions at the pond, but <br />that some monitoring should be done to determine if there was any wildlife usage of the pond. It was also <br />generally agreed that water contact could be detrimental to any wildlife ingesting or resting on the water. The <br />CEMEX Staff stated that they would be agreeable to utilizing the shift foreman to monitoring the pond on a <br />daily basis to record the presence or absence of any wildlife adjacent to or resting on the pond. If any wildlife <br />is observed the species, numbers and location should be noted. CEMEX will need to report such information <br />to the DMG on a quarterly basis. If wildlife is observed within the azea of concem, the DMG should be <br />notified within three (3) working days of the observation. <br />If have any questions, please do not hesitate to contact me at 303-866-4943. <br />rl, /~ <br />rica S. Crosby <br />Environmental Protect n ecialist <br />Enclosure-DOW Letter <br />cc: azl Mount; DMG <br />arty Posey; DMG <br />ate Pickford; DMG <br />Gregg Squire; DMG <br />Paul Banks; Banks & Gesso w/enclosaze <br />Mirharl (: Fioge~ T RFP Tnr w/rnr•.lncnre <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />