2009-06-26_ENFORCEMENT - M1999058

• Permit No: M1999058
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 6/26/2009
• Doc Name: Review from inspection of 05/26/09
• From: DRMS
• To: Colorado Stone Quarries, Inc.
• Inspection Date: 5/26/2009
• Email Name: GRM
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
June 26, 2009 ?
C1XL?
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Gary Bascom
Colorado Stone Quarries, Inc ?
303 W. Park Street
Marble, Colorado 81623
Steve and Kim McIntyre ??
The McIntyre Law Office
1220 East Divot Drive
Tempe, Arizona, 85283
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JUN 2 9 2009
Divi l of Fieci@matiow,
MinIng and Safety
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
V ? i/ s/
Re: Yule Quarry, Permit M-1999-058, Complaint of Off-Site Damage, Review from Inspection of 5-26-09.
To both Parties:
On May 21, 2009 the Division of Reclamation Mining and Safety (DRMS) received a formal complaint from
Kim and Steve McIntyre of off-site damage activities at the above referenced Yule Quarry. Specifically the
Mclntyres noted severe damage to two foot trail bridges that provide access to their property and
sedimentation issues at the permit boundary upstream from their home. DRMS forwarded the complaint
to Colorado Stone the morning of the 22nd and scheduled an onsite inspection for May 26, 2009. The site
inspection report is attached to this correspondence and notes visits with both the Mclntyres and
Colorado Stone representative Gary Bascom. Due to some issues brought up by both the Mclntyres and
Colorado Stone during the visit, DRMS staff had to review the permit file prior to issuing an inspection
report or making any decisions on enforcement or other actions.
The primary issue noted in the complaint was damage to two bridges which provide access to the
McIntyre's property and to a viewing area of the historic Yule Quarry further up the valley. DRMS staff
observed the damage to both bridges. Physical evidence appears to support the McIntyre's claim that
snow removal activities from the Yule Quarry access road caused the damage. Colorado Stone has
acknowledged that snow clearing activities over the winter may have caused the damage, although they
were not aware of the impacts until brought to their attention by the Mclntyres. However, the access
road is not included in the mining and reclamation permit, and snow removal from this road is not
considered a "mining operation" as defined in the Colorado Mined Land Reclamation Act (Act), specifically
C.R.S. 34-32.5-103(13), because the road is not considered "affected land" as defined in C.R.S. 34-32.5-
103(1). Though Colorado Stone appears to have caused the damage to the foot trail bridges, snow
plowing activities, and the damage that may have resulted from these activities, do not fall within the
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines