PERMFILE138662 - Laserfiche WebLink

Home Browse Search

JUN-23-1999 WED 1020 AM FAX N0. P. 04!04 • 4. Require current violation (active dump pile) to be removed from adjacent landowners property, damages reclaimed and land resumed to original condition and grade. App]icant states an intent of discharging water down the dump pile and into Yule Creek. This dischazge can lead to further instability in the dump pile, Specific provisions should be enforced to prevent arty quarry operation from discharging water down the dump pile until the pile is removed and stability resumed to the underlying ]and. We cite C.R.S. 34-32.5-116 - Duties of operators -reclamation plans (4) Reclamation plans and their implementation are required on all affected lands andshaf/ conform to the following requirements (1) Areas outside of the affected land shall6e protected from slides or damage occurring during the m(ning operafiai and reclamation Q) All surface areas of the afj'ecred land, including spoil plies, shall be stabilized anJ protected so as to effectively control erosion. 5, Clean Water Act -The continued existence of an active marble dump pile in the Yute Creek presents an ongoing violation of the Clean Water Act. Erosion of the dump debris, and the continuing practice of dumping slurry into Yule Creek is an ongoing dischazge without a permit under section 402 or 404 of the Clean Water Act. It has already built up a sediment deposit iu and around the creek where the dump pile goes into it and will worsen if no provision is enforced preventing the quany operator from dumping into this pile. Also, the 1995 diesel spill from the quarry operation has yet to be cleaned up, constituting another violation of the Clean Water Act. 6. Applicant references "a sedittient control structure at the toe of the waste pile, then into Yulc Creek". However, there currently is no sediment control structure, the "toe of the waste pile" is in Yule Creek and tltat "toe" is on adjacent land, not owned or controlled by the applicant. A pcrnrit should not be granted until the developmenUapprovaUcxecution of aplan to clear the dump pile thereby allowing the creation of a sediment control structure before Yulc Creek and on the applicants land. 7. Require proof of ownership of White Marble #2, not just "cotttm]" over land, A penttit provision should be added requiring ownership of the White Mazble #2. Ttt the ]989 permit application for this quany, this applicant implied control over Yule Lode, yet never exercised the purclrasc option, thereby allowing tlrc quarry operation to obtain a permit without satisfying notification requirements, or ownership requirements. Sincerc]y, Kitn & Steve McIntyre Adjacent Property Owners ).V X10. W I~tm,VP by M.I lu LMU.pV