GENERAL40729

• Permit No: M1977208
• IBM Index Class Name: General Documents
• Doc Date: 10/28/2002
• Doc Name: Noncomforming Use Status
• From: DMG
• To: CEMEX
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman 6t., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
October 28, 2002
Mr. Steve Mossberg
CEMEX
P.O, Box 529
Lyons, CO 80540
RE: CEMEX, Inc., Lyons Mine, Permit No. M-1977-208
Nonconforming Use Status
Dear Mr. Mossberg,
DIVISION OF
MINERALS
GEOLOGY
RECLAMATION
MINING•SAFETY
Bill Owens
Governor
Greg E. Walther
Executive Director
Ronald W. Cottony
Acting Division Director
The Division of Minerals & Geology received your letter on October 16, 2002 regazding the
nonconforming use status of the cement kiln plant located at the Lyons Mine, Permit No. M-
1977-208. This information was submitted as a result of the Division's inspection of September
5, 2002 requesting this information in order to determine if a reclamation cost estimate needs to
be included for the cement kiln facility.
As noted in the Division's September 5, 2002 inspection report,
"Because the CKD is regulated as a waste generated by the mining operation under the
DMG Permit, it would require that a bond be posted as part of the facilities which would
need to be demolished and decommissioned following the closure of plant operations.
The 1999 inspection reports states that at that time, the company believes that this area
of Boulder County is grandfathered as non-conforming use and that the complex and
kiln are allowed to remain in place after closure as part of its industriaUcommercial
final end land use. DMG stated that it would like either written confirmation that the
cement kiln is allowed under the current zoning and has the approval of Boulder County
to remain in place after reclamation is completed, or a Certificate of Designation
regarding the disposal of Cement Kiln Dust. The Division further stated that if neither
of these measures are taken in the near future, DMG will recalculate the financial
warranty for the site based on the cost of decommissioning the kiln, unless such
confirmation is received, in which case the financial warranty will be based on the
County requirements for leaving the kiln in place. "
The letter written by Boulder County Land Use Department dated October 8, 2002 recognizes
the cement kiln and attendant equipment as a nonconforming use. However based on Boulder
County Land Use Code, it appears that the nonconforming use will terminate once the facility is
either altered or abandoned. It appears that once the facility is no longer in operation, the
nonconforming use will terminate and be subject to reclamation under DMG permit M-1977-
208.