2011-07-26_INSPECTION - M1976009HR

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Ay° qic- 009- Hg Mark A. Heifner July 25, 2011 Berhan Keffelew Division of Reclamation, Mining and Safety Room 215 1313 Sherman Street Denver, CO 80203 37 East Colorado Avenue • Denver, Colorado 80210 - 3105 • (303) 906 - 8096 RE: Menzer Quarry inspection report for June 15, 2011 and corrective action Dear Mr. Keffelew: I am in receipt of your inspection report which was forwarded to me by Schmidt Construction Company. There is no disagreement on the content of the inspection report or what was reported. However, we are confused about the corrective actions to be taken. As was agreed during the inspection, work would immediately begin to correct the problems produced by the spillage with special emphasis on returning the channel to its approximate original condition. As of this date, much of that work has been completed and what is left will be completed prior to the "Corrective Action Due Date" of August 12, 2011. It should be done by the end of this week, except for seeding. However, it also appears that part of the correction action is to "Submit a Technical Revision or an amendment addressing how rockslides will be prevented in the future, from affecting areas outside of the affected area boundary." We are unsure what we are supposed to do. It has already been agreed verbally to hold back on the technical revision because there was some consideration that it might be an amendment. However, on July 21 and 22, 2011 it was indicated to the Division that future rock spillage will not be a problem because there won't be any more mining along-the rim above Turkey Creek. The quarry is presently within 25 vertical feet of the mining limit shown in the permitted plan. Examination of those areas on July 21 by myself and Dan Chavez found that going any further carried too much risk of probable rock falls. Mr. Chavez will instead be preparing the rim for reclamation with some grading followed by soil placement and seeding later this year. Therefore, there are no plans needed to prevent spillage in the future. The only issue remaining is the approximately 8,800 square feet of land affected beyond the affected land boundary. On July 22, 2011, a series of photographs were provided showing the progress and providing evidence that rehabilitation of the stream channel is nearly finished. Fortunately, to date Turkey Creek has remained completely dry so no siltation or increased sediment load occurred during the work. Effectively, the channel is ready to accept flow if it rains enough to produce a flow. It therefore seems to us that a technical revision would be the most appropriate path to inclusion of this area in the permit. Certainly, an amendment could not be prepared by August 12, 2011, if that was the intent of the statements in the inspection report. A technical revision could be prepared to include this area or to "trade" this new affected area by removing an equal amount of land within the affected land boundary elsewhere. We can certainly find 8,800 square feet to trade if that is appropriate. Please provide instruction, in writing, as to what is needed by the August 12, 2011 date. If an amendment is requested please provide the rationale as to why such a major plan change is needed for such a small area that has been quickly repaired. Also, please indicate whether any other information relevant to this unfortunate incident needs to be included in the amendment, and how much time is allowed to prepare an amendment application. If a technical revision is all that is needed that can be submitted within a very few days after receipt of your instruction and certainly well before August 12, 2011. Thank you for your prompt attention and your further recommendations or instructions. Respectfully, .4 r. Mark A. Heifner 0 (NL 262011 Division of Reclamation Mining and Sem