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• i {k) Refuse, Acid, and Toxic Materials: The quarry operation generates no refuse, acid, or toxic materials other than the waste mazble to be placed on the surface as discussed above. Maintenance of diesel powered equipment will generate waste oil and other fluids that will be transported off site and disposed of in an approved manner. Other refuse will be transported off site and disposed of in an approved manner. {p Hvdrolo¢ic Balance, Off-Site Dama¢e, Site Stability: After mining is complete, the large underground openings aze expected to partially fill with water, then overflow at the lowest quany portal during high runoffperiods. Since the quarry does not generate large volumes of water, and all runoff from the quarry area eventually feeds into Yule Creek, no significant impacts aze anticipated on the hydrologic balance of the azea. In June of 1999, CDMG found "Areas of damage outside (CYMC's) permit boundary, attributable to the operator's mining-related activities..." Marble waste blocks were dumped by CYMC at a point directly outside the portal. These blocks rolled down the slope and very likely have crossed the property line and the boundary of the affected area established by CYMC's permit. The blocks also filled the sediment control structure built by CYMC and may have damaged its ability to stop sediment from reaching Yule Creek. Sierra intends to conduct its operations entirely within the affected area as defined by this application. In addition, until the CYMC off-site damage issues aze resolved and corrective action taken, Sierra will not perform any activity that will impact areas where CYMC may have caused damage that may be a violated its permit. Specifically, Sierra will not add sediment to the waste piles or dump quarry blocks in the area where they may effect the current condition of the sediment control structure or the waste pile slope at the north end of the affected area. If substantial delays occur in the process, Siena will work with CDMG to reestablish the effectiveness of the sediment control structure before any fines are added to the waste dump. Siena specifically disclaims any responsibility for any past or future off-site damage caused by CYMC. Future off-site damage may result from the actions of CYMC, including further movement of material from the waste piles below the quarry portal or from below the quarry portal access road onto neighboring property. Sierra will not perform any activity that may cause current conditions to change where damage may have occuned or may occur in the future. Only after a solution is found to the off-site damage issue, and corrective action taken to stabilize the toe area of the waste pile and reestablish the effectiveness of the sediment control structure, will Sierra use this area for any purpose. The sediment control structure should be established with its base on bedrock and constructed ofsemi-permeable materials or with asemi-permeable liner to allow water to pass through while retaining marble fines. CYMC operating personnel have indicated that it was only until recent years that the sediment control structure built by CYMC became ineffective. Even with marble blocks filling the pond, the pond never filled or required cleaning. The pond is approximately 20 feet across and about 6 feet in depth with a total volume of approximately 500 cubic feet. It was not until the summer of 1998, when a road was built around the outside of the south waste pile and substantial quantities of marble fines were mobilized, that substantial sediment buildup was observed. Sierra estimates that a similazly sized pond will be sufficient to 20