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IM - ZR~~ -2c~ <br />} +'cm : Cc~l~c <br />Erica S. Crosby <br />Environmental Specialist <br />Division of Reclamation, Mining and Safety <br />May 15, 2007 <br />via Certified Mail <br />DepaRment Of Natural RCSOULCeS (~; `"?~ rr- q ~ F'~' Retum Receipt Requested <br />1313 Sherman St. Room 2i5 ~ckingg70042890000320430086 <br />Denver, CO 80203 ~`%'''.'' ~ ~ 2~'~] / <br />fviining anc Ssf~;y <br />Dear Ms. Crosby <br />By this letter CEMEX requests the May 17, 2007 C-Pit deadline be extended briefly to <br />accommodate site conditions, and allow us to pursue the project in a protective fashion. <br />This request is based upon the following points, as outlined in more detail in the <br />following paragraphs: <br />CEMEX remains committed to eliminating the risk to wildlife by eliminating free <br />water surfaces that may pose a risk to waterfowl, by fill, pumping, treatment, or <br />other means. <br />Significant progress to achieve this goal has been made to date (see below). The <br />fill project is more than 90% complete, at substantial expense. The water level <br />has risen to the maximum level projected for the project. While CEMEX has no <br />indication of connectivity to the alluvium formation, we also have no clear <br />evidence of non-connectivity at the higher elevations of C-Pit. In the absence of <br />solid lithologic and water chemistry information, CEMEX would prefer to act <br />conservatively, and suspend the filling operation until conclusive information is <br />available. At this time it is prudent to suspend the fill process to give the system <br />time to equilibrate. <br />Once the decision to halt filling was made last week, a net was ordered to cover <br />the remaining fraction of less than an acre of open water surface. The net is being <br />custom sewn, and will amve on site in two weeks. The bird net will then remain <br />in place at least until filling resumes. <br />• Continuous monitoring of water levels and basic water chemistry pazameters <br />confirm that there have been no adverse impacts due to the filling of the pit. <br />If it proves impracticable to complete the fill process, with Division approval, the <br />bird netting will remain in place, with proper monitoring and maintenance. <br />Progress To Date <br />CEMEX began a process of accelerated filling and reclamation of the lower elevations of <br />C-Pit, our permitted cement kiln dust (CKD) disposal area, in Mazch 2007. Consistent <br />with quarry permitting, a small amount of Dowe Flats spoil shale was used to cover CKD <br />