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STATE OFc <br />DIVISION OF RECLAMATION, MINING AND SAFETY P_<?? c <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (30) 832-8106 <br />,November 16, 2007 <br />Ws. Monica Sowders <br />CEMEX <br />P.O. Box 529 <br />Lyons, CO 80540 <br />RE: CEMEX, Inc., Lyons Quarry; Permit N o. M-1977-208 <br />VfR-09; Adequacy #2 <br />f/ <br />Dear Ms. Sowders: . <br />[ZADO <br /> <br />COLORADO <br />D I V I S ION O F <br />RECLAMATION <br />MINING <br />SA ETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining and Safety received your adequacy responses for the CEMEX, Inc. <br />Lyons Quarry, Permit No. M-1977-208. The Division has the following comments that need to be addressed <br />prior to appro W of the revision; <br />r <br />1. CEMEX proposes to address seepage of water into the C-Pit in a step-wise fashion. One of mitigation <br />measures includes lining 800 feet of the southern reach of the Feeder Canal with clay in the area know <br />to be leaking. CEMEX will need to obtain a letter of consent or an agreement with the owner(s) of the <br />Feeder Canal to allow lining of the canal in accordance with Rule 6.4.19 of the Construction Materials <br />Rules and Regulations. Please provide a letter of consent or an agreement prior to initiating work in <br />the Feeder Canal. <br />Under separate correspondence, CEMEX requested that bricks from the plant be disposed of in the C- <br />Pit. CEMEX submitted this request under Rule 3.1.5(9) which addresses material generated from <br />outside of the approved permit area. Because the bricks and plant are within the permit area, and not <br />hauled in from off site, it does not meet the definition of only requiring a "notice" to the Division. <br />Instead, such activity will need to be addressed as a revision to the permit to allow for backfilling of <br />this material into the C-Pit. If CEMEX wishes to incorporate this activity into the revision currently <br />under review (TR-09), please state so in the form of a letter to the Division and allow additional time <br />for staff to review the previously submitted analysis. <br />CEMEX extended the Division's due date to November 19, 2007. Please respond to the Divisions comments <br />prior to this date. <br />If you have any questions, please contact me at (303) 8664943. <br />f <br />nc ely, <br />Erica S. 6osby <br />Environmental Protection Specta ist <br />Enclosure <br />cc: Carl Mount; DRMS <br />David Bird; DRMS <br />Al Notary; Brown & Caldwell <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines