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~ ~7 <br />i~ o~ <br />THE KIMBERLY A M C I N T Y R E LAW OFFICE <br />~... <br />Phone: 480-22G-GY2~~,~ ~i~~,~~~'u~.'•mcint}'re~aw.net email kim@mcint}'re aw.net <br />~u~ o ~ coos R~~C'fi~~D <br />Divia°~n of P.ec:~'n~~. June 1, 2009 <br />Mit~ir-g and cafetjl <br />GRII-~D JUNCI`IQN FIELD OFFICE <br />~j~~,. DIVkSIC)N OF <br />..~ / ~~ ~ RECLgM~TIQN M{NING & SAFETY <br />G. Russell Means, Environmental Protection Specialist II <br />Steve Shuey, Sr. Environmental Protection Specialist, West Team Supervisor <br />Colorado Division of Reclamation Mining and Safety '~ <br />101 South 3rd St. Suite 301 <br />Grand Junction, CO 81501 <br />,/ <br />RE: Offsite Damage Complaint -Yule Marble Quarry, Permit M-1999-058 <br />Dear Mr. Means, <br />This letter follows up on our May 21S` complaint and your May 26`h inspection <br />of the property damage caused by the Yule Marble Quarry, operated by Polycor as <br />Colorado Stone Quarries. As a result of the quarry's damage, our Trail must be <br />closed, secured and made safe by clearing away all hanging debris that remains on <br />the cliff over the Trail. Once the quarry has completed this, we will repair the <br />damaged bridges at the quarry's expense. The cost of the damage has been <br />estimated at $18,829.00. (P•lease see attached detailed cost estimate.) <br />As you saw during your visit, the marble quarry's operation recklessly plowed <br />extensive amounts of debris from its upper road, down over the cliff and onto our <br />property. (We say reckless because the quarry has damaged our property similarly <br />before and disregards whether its operations will damage our property again. <br />Please see attached 2007 repair agreement) That quarry debris included concrete <br />jersey barriers, multi-ton marble blocks, slurry, road base, gravel, ice and snow. <br />The debris so severely damaged one of our access bridges that a 24-foot section of <br />the bridge must be replaced to restore our legal vehicular access to our property. <br />And the complete damage to the footbridge area cannot be ascertained at this time <br />as the debris still covers a large section of it. As the extent of that damage <br />becomes known, additional repair costs will be incurred. In addition, the quarry <br />has recklessly run its marble slurry down the cliff in at least two places onto our <br />property. (Again, recklessly because the quarry has done it before and remains <br />indifferent that slurry runs out of its permitted areas and down onto our property.) <br />