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(Page 2) <br />MINE ID # OR PROSPECTING ID #: M-1999-058 <br />INSPECTION DATE: 5-26-09 INSPECTOR'S INITIALS GRM <br />OBSERVATIONS <br />This inspection was conducted as part of the Colorado Division of Reclamation, Mining and Safety response to <br />citizen complaints. On May 21, 2009 the Division of Reclamation, Mining and Safety (DRMS) received a <br />complaint from Steve and Kim McIntyre regarding possible off site damage from activities at the Yule Quarry. The <br />McIntyres are adjacent land owners to the east of the Tule Quarry. In response to the complaint DRMS staff <br />scheduled an inspection of the site with the operator and McIntyres' for May 26, 2009. This inspection report is <br />meant to document the meetings with the complainants, and the operator to gather information regarding the <br />possible off site damage. A review of the situation including the facts from this visit and the approved permit will <br />be undertaken prior to any decisions as to the course of action by DRMS. <br />DRMS inspectors Russ Means and Western Slope Team Supervisor Steve Shuey met the McIntyres at the gate to the <br />marble trail at 0900 hours on the 26th. The McIntyres were cordial and escorted the inspectors up the trail which <br />runs along the western edge of Yule Creek. The creek bed is a very narrow channel that cuts through the steep <br />canyon. The trail has been used by the public to access a viewing point for the historic waste piles for the Yule <br />Quarry. In two places the trail has been improved with the construction of footbridges for safety and property <br />access. One bridge has been constructed by the McIntyres and the other was constructed by DRMS inactive mines <br />program in the 90's when the original permit issued for the site was revoked. Above the west side of the creek is <br />the access road to the permitted Yule Quarry. <br />The primary purpose of the McIntyres call to DRMS is that debris from the access road appears to have somehow <br />caused heavy damage to the two footbridges. Photo documentation of the damage is attached to this report. The <br />McIntyres noted they built the first bridge and the second one was built by the State. Both bridges were fine when <br />they left for the winter. Upon returning this spring they discovered the damage. The first bridge had debris that <br />extended from the bridge to the creek below. The debris flow included what appeared to be road base, timber from <br />the bridge and a concrete jersey barrier. The McIntyres also noted a large marble block in the middle of the creek <br />which they stated was not there before. <br />The second bridge is on McIntyre land and was constructed by DRMS under permit revocation work in the 90's. The <br />bridge was covered by a snow debris fan. The debris fan included the similar road base material and a jerseybarrier <br />in the creek itself. Some but not all of the damage to the bridge could be seen. The inspectors were lead to various <br />vantage points on the McIntyre property that allowed for a better view of the road and trail relationship. Photo <br />documentation shows visual indications of missing barriers and debris patterns that clearly indicate where the <br />materials came from. <br />A secondary purpose of the McIntyres contact was possible sedimentation issues from mine activities. The <br />McIntyres escorted the inspectors to the base of the historic waste block pile. There it was pointed out that what <br />they referred to as marble slurry was entering into the creek. Boundary signs clearly showed the material was <br />beyond the permit boundary. The creek flow was obviously lower so the material was not observed in the creek, but <br />went right up to the cut bank edge. The inspectors also noted a debris fan at the northern edge of the pile up near the <br />road. This area was the subject of a dumping issue in 2007. <br />The McIntyres and inspectors concluded the meeting around 1130. The McIntyres hand delivered a signed copy of <br />their original e-mail correspondence. They requested that Colorado Stone immediately put up barriers to prevent <br />access due to liability issues. The inspectors asked for a formal letter and estimate of damages as a follow up to the <br />visit. Those documents were received by DRMS on June 3, 2009.