1999-05-20_PERMIT FILE - M1999058

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(b) Structures Within 200 Feet: The eastern edge of the affected area is traversed by a foot trail that was relocated slightly when CYMC began operations in 1990. This foot trail begins at the tourist parking area at the north end of the White Marble Lode Claim, leads up along Yule Creek to the base of the quarry, follows a slight ridge line between the waste piles and Yule Creek, then leads to the quarry entries. Access to this foot trail is via the historic right of way established by the wagon road to the quarry constructed in the late 1800's, and then by the electric railroad beginning in 1908. The railroad was removed in 1941 when the quarry closed. During the 1940's through the late 1990's, access was open to the public. Four wheel drive vehicles could reach the quarry entries up until the 1970's when the road washed out along Yule Creek just north of quarry entries. After the wash outs, access was limited to hikers. Access along the historic right of way has been blocked by the owner of the Yule Lode Claim (McIntyre). However, the quarry's zoning permit with Gunnison County takes the position that the trail is a public right of way. If access is reopened, Sierra intends to comply with the terms of the zoning permit. Gunnison County is disputing McIntyre's right to block access. Resolution of the dispute is not expected until sometime in 2000. In years past this foot trail also provided access to a U.S. Forest Service trail that led into the Yule Creek Valley. Sierra contacted Forest Service personnel in Carbondale to determine its interest in maintaining access along the east trail to the Yule Creek Valley. The response was the Forest Service prefers the route to the west of the quarry, even if access is open on the east side. CYMC constructed a new road from the tourist parking area, up through what is known as Quarry Town, to the new quarry portal just below the north entry (Entry No. 1)of the quarry. This road was included within the affected area ofCYMC's permit application with the Division of Minerals and Geology, but most of it is excluded from the affected area defined in this permit application. The road lies entirely on private land owned by OMYA, Inc, and leased to Sierra. Because the reserves of marble on site could last well over 100 years at maximum envisioned production rates, OMYA has requested that Sierra leave this road after mining is complete to allow future access to the quarry area. Attached to this application is a letter from OMYA stating this request. The IMP (Inactive Mine Program of the Colorado Division of Minerals and Geology) installed safety fences in the quarry entries in the mid-1980's. Portions of the fences were removed by CYMC to accommodate quarry operations. A wooden "A" frame cable support tower, approximately 40 feet tall, is located at the southeast corner of middle entry(Entry No. 2) of the quarry. This tower was left from the operation of the quarry before 1941. It has become an historic landmark that symbolizes the incredible efforts of the early miners. By 1988, the tower had deteriorated to the point that it had become unstable. Soon thereafter, the Marble Historical Society reinforced the tower so that it does not present a hazard to the public or quarry operators. This cable tower is excluded from the affected area.