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• fPage 21 • MINE ID J1 OR PROSPECTING ID JI M-1999-058 INSPECTION DATE 7/3/01 INSPECTOR'S INITIALS RCO 06SERVATIONS This was a partial inspection performed by the Division in response to receiving a citizen complaint about damage possibly due to the permitted operator's failure to contain marble wastes within the permit area. The operator was contacted about the inspection, and arrangements were made for this inspector to meet an operator's representative at the site. The first portion of the inspection occurred on private land adjacent to the permitted area, with only the citizen complainant accompanying this inspector. The latter part of the inspection occurred within the permitted area, with only the operator named on page one accompanying this inspector. 1. The area of possible offsite damage is located on land owned by the Mclntyres at the toe of the waste slope. There is an area of land between the present permitted area and the private land. This small area is a steep, unstable marble waste slope, containing blocks and fines dumped from the mine by past operators. The marble waste littering much of the overall slope consists of large blocks, pieces of blocks and fines. Older blocks are easily distinguished from newer blocks by color, weathering, and "wear" on the edges. The written complaint received by this office included several photos of the toe of the waste slope, which lies on the citizen's property, and photos of a location on the public trail above the parking lot. The photos were reportedly taken in early June, and depict what appears to be saturated marble fines, possibly containing snow, covering the ground surface by about a foot in depth. These same locations were viewed during this inspection, but the fines "slurry" and all surface moisture were now gone. There is presently no deep accumulation of dry fines on the area of the photos. The portion of the slope directly above where the damage occurred is characterized by a gradient of between 30 and 40 degrees, relative lack of large angular blocks, and a 2-foot deep gully extending the entire length of the slope. The top of the gully is directly outside the haulage portal of the quarry, where the previous operator (Colorado Yule Marble Co. or CYMCI dumped some of its waste and directed its pad drainage. The portion of the waste slope known to be inside Sierra Minerals's permit area Ito the south of this unpermitted one) is not directly above this area of damage and does not appear to have contributed to the movement of Sines and blocks. Though there is no tracking of the movement of individual blocks on the waste slope through time, there is clearly at least one new block now at the toe of this slope. This new one measures about 4' x 5' x 10" and has almost no wear on its edges. The complainants believe that this block and the above-mentioned fines were dumped by the present operator, Sierra Minerals. It was discussed with the complainant that the portion of the slope in question is not within Sierra's permit area, and the top of this portion of the slope is not an approved dump location for Sierra. The fines and "new" blocks which recently moved down the slope onto the complainant's land might have been present on the dump slope when CYMC'S permit was revoked, meaning that Sierra did not dump that material there. The complainant did not observe any actual dumping or deliberate routing of surface drainage on this slope. A second area of damage was also observed with the complainant, located along the foot trail between the waste slope and the public parking area. This location currently exhibits evidence of marble fines on the rock wall adjacent to the trail, fines on the foliage of an individual spruce tree, and a distinct plume of dry white fines leading from this point down the trail at least 30 feet. The complainant's early-June photos of this point shows a tree with foliage thickly covered in wet marble fines. This location is not below the quarry portal but below a portion of the access road used by the operator to reach the portal. This road was constructed by the previous operator (CYMC) and was included in their permit area (permit no. M-1989-025, revokedl. The road is not included the present permit area, since it was pre-existing and since the landowner IOMYA, Inc.) has allowed Sierra to use it and wishes that it remain after mining has ceased. The affected trail is not within the present permit area. Another segment of the foot trail (constructed as the historic quarry tramway by log cribbing and earth/rock filq, about 40 feet long, located north of the marble-dusted spruce tree was indicated by the complainant to have been damaged by the present and former mine operators. This location has been inspected and discussed during previous inspections. It exhibits damage from many years of use, erosion and weathering, not simply damage from recent mine operators. The complainant wants the trail restored to its original width and condition. The complainant was informed that since the present condition of this segment of the trail does not appear to be due to the permitted operator's activities, but may be due to pre-law mining or previous permitted mining, the forfeited reclamation bond monies might be available for this task also.