2011-10-31_REVISION - M1976009HR (7)

Home Browse Search

All other exhibits required in the application are provided with appropriate modifications as they apply to this specific amendment area and immediately adjacent permitted land, as described above. Overview of the Amendment: This amendment transfers a very small parcel of land from unaffected land within the permit area to the affected land. It does not add any land to the permit area itself. Therefore, the permit size remains the same; only the affected land area increases by about 0.1% of that contained in the original permit approval. The reason the amendment is needed is because the rules state that when affected land is added that must be done by the amendment process. When the permit was approved the affected land area was about 30 acres less than the permit area. That allowed for a narrow margin of unaffected land around the affected land that was included in the permit boundary area. Providing a buffer zone greatly limits the much more serious infraction of breaching the permit boundary with disturbances. Unfortunately, this amendment was brought about by one of those errors. As the permitted mining limit was approached on the northeastern side of the permit, rock was inadvertently spilled over the side of the adjacent slope. The operator immediately recognized the problem and stopped work in the adjacent mining area until the problem could be assessed. The operator suspected some of the rock that had gone over the side had passed beyond the affected land boundary, thereby affecting land that was not supposed to be affected. The rock spilled across the top of a fairly rock filled portion of Turkey Creek at the base of what was originally a long and steep scree slope. More about this slope can be found in the Mining Plan, Exhibit D. At about this same time, an adjacent landowner filed a letter of concern with the Division. Meanwhile, the operator was already making tentative plans to remove the spillage from the slope and from the stream corridor. However, to gain access to the slope and the stream corridor without affecting yet more land, a final lift (shot) was needed on the quarry edge. That last shot would lower the edge down to the approved mining limit and also reduce the size of the slope to about 30 feet high, half the height of the slope when the spillage occurred. At that point the operator could work a track hoe down the slope removing the rock and finally removing any spilled rock from the stream corridor that was outside the affected land boundary. The operator suspected the affected land boundary was at the toe of the slope which is effectively the west bank of Turkey Creek. To verify that the operator called in the consultant who had prepared the original permit application. An inspection on June 10, 2011, confirmed the operator's suspicion that the toe of the spillage had passed beyond the affected land boundary. On June 15, 2011 the Division inspected the site and agreed with the company's determination that the affected land boundary had been crossed and that the operator was possibly in violation of the permit. During that inspection, the corrective actions planned by the operator were discussed with the inspector, Berhan Keffelew, and he agreed that the operator should implement the corrective actions to fix the problems as quickly as possible, especially considering that Turkey Creek had still not carried any water since before the spillage had occurred. The operator immediately began preparations to take the final shot, remove as much of that rock as possible without spilling any more over the edge, and then clean up the slope and the stream channel. That work was completed on August 4, 2011. The clean up had been accomplished prior to Menzer Quarry Corrective Action Amendment INTRO October 2011 Page 2