2011-08-08_INSPECTION - M1976009HR

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Corrective Action Completion Report Menzer Quarry M- 1976 - 009 -HR Rock Spillage Beyond Affected Land Boundary August 8, 2011 NOTE: It is recommended that the first set of photos be referred to when reading the report as it shows most of the features contained in the corrective action after completion. Introduction: The physical work to correct the spill beyond the affected land boundary was completed on July 27, 2011. This report provides the background that led up to the spillage, the extent of the spill, the corrective actions taken, and the result of those actions. The inspection report required that actions be taken and completed by August 12, 2011. The final inspection of the work was done on July 29, 2011. At this point two matters remain. Seeding of areas that will be revegetated has not occurred yet. This will be done in the near future after the seed is ordered and obtained. This may be done by August 12, but it might take a little while longer. The hot and dry conditions on the site is not conducive to a successful seeding until there is more moisture in the ground. This area is in a severe drought period and although recent rains have helped, soil moisture reserves are still very low. Second, the inspection report required either a technical revision or amendment be submitted that will address the spill and the issue of future spills. Although two versions of a technical revision have been prepared, at the request of the Division, no technical revision has been submitted. Apparently, there is some concern that an amendment is the more appropriate course of action. On July 25, 2011, a letter was sent to the Division asking for clarification of this. As of this date, no response has been received. A copy of that letter is provided at the end of this report. History: Following are two pages of photographs showing the site prior to the spill and showing the development of the problem that led to the spill. The first page shows what has been called the "northeast knob" as it was in 2004. Subsequent mining of this feature resulted in the condition shown in the July 15, 2011 photo. This mining was conducted with minimal spillage off the back side of the knob on the steep slopes leading down to Turkey Creek. But as the mining approached the mining limit rock was inadvertently pushed over the side at the location indicated by the red arrow on the 2011 photo. The toe of this material crossed the affected land boundary and filled the Turkey Creek channel with very large rock. The main mass of the rock at the toe extended about 20 to 30 feet beyond the affected land boundary which was located as the west bank of Turkey Creek. In places the rock lapsed over the east bank. Some individual rocks went even further, but no rocks reached the road which is the permit boundary. In fact, the furthest rock that could be definitely identified as a spill rock was several tens of feet from the road and that rock was rather small. Fully, 99% of the spill rock was Corrective Action Completion Report Menzer Quarry M- 1976- 009 -HR 08/08/2011 Page 1 of 6