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inclined road that, from the photographs presented at the hearing, looks like it's been cut into <br />the side of the mountain above Yule Creek. Yule Creek flows along the base of the steep <br />narrow canyon and roughly parallels the access road. The site access road, the canyon and <br />the Yule Creek are generally oriented in a north, southeasterly direction. The site access <br />road leads to the north and middle entries to the underground quarry, which face east. The <br />underground workings of the quarry are located south and west of the entries. The eastern <br />edge of the site permit boundary is located above the western banks of the Yule Creek. <br />3. During the May 26, 2009 inspection the inspectors visited the primary waste <br />dump which is upslope and to the south of the main entry. The area was covered in saturated <br />muck of primarily marble fines. The inspectors noted that a large quantity of the waste muck <br />had been dumped over the edge. The inspectors observed the waste muck (also known as <br />marble slurry) was down to the toe of the waste block dump and into the drainage area that <br />flows to the Yule Creek. The approved site plan indicates that a sedimentation control <br />structure is at the base of the drainage. However, the inspectors could not see a functioning <br />sedimentation control structure from their vantage point. <br />4. The inspectors also noted that the primary sedimentation pond located at the <br />mouth of the main entry was silted in. Where the sedimentation pond is located, water was <br />observed crossing the access road going east to the Yule Creek side of the site. The <br />inspectors noted recent blade marks and marble slurry material deposited down the eastern <br />edge of the site at a location where a jersey barrier was missing, east of the sedimentation <br />pond.2 <br />5. The inspectors viewed the site area from the banks of the Yule Creek. The <br />inspectors observed marble slurry beyond the clearly marked permit boundary in two <br />locations. Debris fans spreading down the steep slope were observed directly beneath the <br />areas described above in paragraphs three and four. <br />6. On June 26, 2009, the Division sent a letter to the Operator with a copy of the <br />May 26, 2009 inspection report attached. The letter summarized the Division's findings and <br />notified the Operator that a Notice would be issued and a hearing scheduled before the <br />Board. <br />7. On July 8, 2009, the Division mailed the Operator a Notice that the Division <br />has reason to believe a violation exists (a "Reason to Believe Letter"). The Reason to <br />Believe Letter informed the Operator regarding the nature of the violations and the details of <br />the hearing before the Board. <br />the McIntyre's property that may have resulted from the snow removal activities along the site access road is not an <br />issue before the Board. <br />2 The Division issued the Operator a problem notice for this area across from the sedimentation pond in 2007. In <br />that notice a jersey barrier was missing and sediment and silt were noted as having been pushed over the edge where <br />no dumping was to occur. The May 26, 2009 inspection noted the same problem despite the Operator's <br />representations to the Division that this issue had been addressed. <br />Colorado Stone Quarries, Inc. <br />Yule Marble Quarry 2 <br />M-1999-058 <br />MV- 2009-023