RECEIVED TR05 SEP192018 DIVISION OF RECLAMATION MINING SAFETY COLORADO DIVIDIUIV Uh RECLAMATION, MINING AND SAFETY 1313 Sherman Street Room 215, Denver Colorado 80203 ph(303) 866? 3567 REQUEST FOR TECHNICAL REVISION (TR) COVER SHEET File No?. 1999-058 The Pride of America Mine Site Name: county GU nnlson (DRMS Use only) Pawnee, Colorado Stone Quarries Operator (If Other than Permittee): Katie Todt, Lewicki and Associates Permittee Representative: Please provide a brief description of the proposed revision: Change of main access road as required by Gunnison County. Temporary access road to establish a permanent access road through the Franklin Quarry of the PAM mine. As de?ned by the Minerals Rules, a Technical Revision (TR) is: ?a change in the permit or application which does not have more than a minor effect upon the approved or proposed Reclamation or Environmental Protection Plan.? The Division is charged with determining if the revision as submitted meets this de?nition. If the Division determines that the proposed revision is beyond the scope of a TR, the Division may require the submittal of a permit amendment to make the required or desired changes to the permit. The request for a TR is not considered ??led for review? until the appropriate fee is received by the Division (as listed below by permit type). Please submit the appropriate fee with your request to expedite the review process. After the TR is submitted with the appropriate fee, the Division will determine if it is approvable within 30 days. If the Division requires additional information to approve a TR, you will be noti?ed of speci?c de?ciencies that will need to be addressedday review period there are still outstanding de?ciencies, the Division must deny the TR unless the permittee requests additional time, in writing, to provide the required information. There is no pre-de?ned format for the submittal of a however, it is up to the permittee to provide suf?cient information to the Division to approve the TR request, including updated mining and reclamation plan maps that accurately depict the changes proposed in the requested TR. Required Fees for Technical Revision by Permit Type - Please mark the correct fee and submit it with your request for a Technical Revision. Permit Type Reguired TR Fee Submitted (mark only one) 110c, 111, 112 construction materials, and 1 12 quarries $216 1 12 hard rock (not DMO) $175 110d,112d(1,20r3) $1006 SUBWLUQDJONJ 9 890'656 11d tu teweN 911s sucnaeucl JOUIW WM sun Pandwoo 7 a Greg Lewicki And Associates, PLLC 3375 W. Powers Circle Phone: (720) 842?5321 Fax (303) 346?6934 Littleton, CO 80123 E?mail: info@lewicki.biz September 16, 2018 Dustin Czapla 13 13 Sherman Street, Room 215 Denver, CO 80203 303-866-3567 Delivered Via Email and Hard Copy RE: Pride of America Mine, Colorado Stone Quarries, M-1999-058, Technical Revision - 5 to Modify Access to the Pride of America Mine Mr. Czapla: Colorado Stone Quarries (CSQ) seeks to satisfy Gunnison County?s request to restore public access to View active quarrying operations. During the quarry?s closure periods from the 19203 to the 19805 and the 19905 until the early 20003, the public accessed the quarry both along the historic rail grade along Yule creek and the road that was built during the restart of the quarry in the 19803. Gunnison County established a trail right-of- way (ROW) along the rail grade and then through mine property to the historic portals of the Washington Gallery. Those ROWS remain administratively closed due to safety concerns. Portions of the rail grade ROW were vacated through a lawsuit ?led by the McIntyre?s who previously owned the land where the Franklin Quarry is permitted. CSQ has worked with Gunnison County to develop a plan to restore public viewing of the workings. The plan anticipates the following actions: 1. Diversion of Yule Creek into the previously cutoff creek channel east of the ridge, 2. Widening of the rail grade through temporary ?lling of the existing creek channel to create a temporary mining access road, 3. Closure of the current haul road to mine traf?c above the mine gate, 4. Opening of the current haul road to public parking and pedestrian traf?c above the mine gate, 5. Mining of the Franklin ridge to create enough working and traveling space along the Franklin ridge, 6. Removal of the temporary ?ll within Yule Creek, 7. Installation of a vehicle crossing at approximately the current foot bridge location to create the permanent access road as shown on Maps C-1 and C-3, 8. Closure of the Yule Creek eastern diversion and return of the creek to its original western location. 9. Continued and permanent use of the new access road for all quarry traf?c. This plan will allow for public viewing of the quarrying without exposing visitors to risks associated with the active mine. The public viewing location will be on the same level or above active mining to allow for safe viewing. This plan does not change the anticipated disturbed area of the mine or material movements for the mine. The section of creek that will be temporarily ?lled is narrow, rocky, and already contains waste marble from historic mining, see Figure 1. All ?ll material will either be waste marble from mining or moraine material cut off the eastern channel'17" -W - .n 5? . Flgure 1. Yule Creek in the area 0 the temporary road: looknig north. The work within Yule Creek falls under the Exemption of Section 404 of the Clean Water Act for Farm, Forest, or Temporary Mining Roads. The Road Exemption Summary has been included as an attachment. It requires that 15 best management practices (BMPs) be met to be exempt from permitting. They are listed below: 1. Temporary mining access roads be kept to a minimum. This route is the minimum disturbance path to allow for access to the deposit and to allow for public access for viewing of the quarry. 2. Roads shall be located su?iciently far from streams to minimize fill material into the waters of the US. This route ?lls only the minimum volume to establish the access road. 3. The fill shall be designed to prevent restriction of expected ?ood ?ows. Diversion of Yule Creek into a historic channel will provide unrestricted ?ood ?ows. The historic channel has a much larger cross section than the existing channel. 4. The fill shall be properly stabilized and maintained to prevent erosion. Coarse broken marble will be used as ?ll for the roadway. No erosion issues are anticipated. 5. Fill material placement shall be made in a manner that minimizes encroachment of machinery into areas outside the ?ll area. The ?ll area is bound by steep rock slopes. Machinery encroachment will not be an issue. 6. In design, construction, and maintenance of the road, vegetative disturbance within the waters of the US shall be minimized. The area to be ?lled does not have vegetation. 7. The design, construction, and maintenance of the road shall not disrupt the migration of aquatic life. The diversion of the creek follows a similar grade and will maintain similar migration paths. 8. Borrow material shall be taken from upland sources whenever feasible. All ?ll material will either be waste marble from mining or moraine material that cut off the eastern channel. 9. The ?ll shall not impact threatened and endangered species or adversely a?ect critical habitat of such species. The mine lies outside the critical habitat range of all listed threatened and endangered species in Western Colorado. 10. Discharges into breeding and nesting areas for migratory waterfowl, spawning areas, and wetlands shall be avoided. The channel to be ?lled is either bare marble bedrock or broken bedrock and does include any of the listed areas to be avoided. 11. The discharge shall not be located in the proximity of a public water supply intake. The site lies more than 2 miles above the Town of Marble. 12. The discharge shall not occur in areas of concentrated shellfish production. No shell?sh exist at this location. 13. The discharge shall not occur in a component of the National Wild and Scenic River System. Yule Creek is not in the National Wild and Scenic River System. 14. The discharge of material shall consist of suitable material free from toxic pollutants in toxic amounts. Only local moraine or inert marble will be utilized as ?ll. 15. All temporary ?lls shall be removed in their entirety and the area restored to its original elevation. Once the ridge in the Franklin Quarry is mined suf?ciently to allow for working room and access, the temporary ?ll will be removed and the creek will be returned to its previous location. Minimal activities will be necessary to utilize the historic eastern channel. Vegetation and topsoil will be removed along the channel bottom and stockpiled to be used in revegetation of dump benches and other reclamation efforts on site. Waste marble blocks will be used to create Rosgen Arches within the diversion channel. This will reduce the velocity of water as well as provide habitat areas along the diversion. CSQ would like to complete this diversion work in the Fall of 2018 and the temporary road construction could begin as soon as the channel is diverted. Ideally, the conversion of the current haul road into a pedestrian access would be complete prior to the Summer of 2019 to allow for public viewing of the quarry during peak tourism season. Please do not hesitate to contact me with questions of concerns. Regards, Katie Todt Greg Lewicki and Associates, PLLC (314) 704-4505 katie@1ewicki.biz Fax: (303) 346-6934 Attachments: Revised Map C-l Revised Map C-2 Revised Map C-3 Revised Map F-l USACE Road Exemption Summary CC: Daniele Treves; Ben Miller, David Baumgartner (Gunnison County Attorney), USACE Road Exemption Summary Sacramento District 1325 Street Sacramento, CA 95814-2922 FARM, FOREST, OR TEMPORARY MINING ROADS Pursuant to Section 404 of the Clean Water Act (33 USC 1344) and Federal Regulations (33 CFR 323.4), certain discharges have been exempted from requiring a Section 404 permit. Included in this exemption is construction or maintenance of farm roads, forest roads, or temporary roads for moving mining equipment. To meet this exemption, such roads must be constructed and maintained in accordance with the best management practices (BMPs) to assure that ?ow and circulation patterns and chemical and biological characteristics of waters of the United States are not impaired, that the reach of the waters of the United States is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized. The following best management practices must be followed in order for the activity to be exempted from requiring a permit: 1) Permanent roads (for farming or forestry activities), temporary access roads (for mining, forestry, or farm purposes) and skid trails (for logging) in waters of the US. shall be held to the minimum feasible number, width, and total length consistent with the purpose of speci?c farming, silvicultural or mining operations, and local topographic and climatic conditions. (2) All roads, temporary or permanent, shall be located suf?ciently far from streams or other water bodies (except for portions of such roads which must cross water bodies) to minimize discharges of dredged or ?ll material into waters of the US. (3) The ?ll shall be bridged, culverted, or otherwise designed to prevent the restriction of expected ?ood ?ows. (4) The road ?ll shall be properly stabilized and maintained during and following construction to prevent erosion. (5) Discharges of dredged or ?ll material into waters of the United States to construct a road ?ll shall be made in a manner that minimizes the encroachment of trucks, tractors, bulldozers, or other heavy equipment within waters of the US. (including adjacent wetlands) that lie outside the lateral boundaries of the ?ll itself. (6) In designing, constructing, and maintaining roads, vegetative disturbance in the waters of the US. shall be kept to a minimum. (7) The design, construction, and maintenance of the road crossing shall not disrupt the migration or other movement of those species of aquatic life inhabiting the water body. (8) Borrow material shall be taken from upland sources whenever feasible. (9) The discharge shall not take, or jeopardize the continued existence of, a threatened or endangered species as de?ned under the Endangered Species Act, or adversely modify or destroy the critical habitat of such species. (10 Discharges into breeding and nesting areas for migratory waterfowl, spawning areas, and wetlands shall be avoided if practical alternatives exist. (1 l) The discharge shall not be located in the proximity of a public water supply intake. (12) The discharge shall not occur in areas of concentrated shell?sh production. (13) The discharge shall not occur in a component of the National Wild and Scenic River System. (14) The discharge of material shall consist of suitable material free from toxic pollutants in toxic amounts. (15) All temporary ?lls shall be removed in their entirety and the area restored to its original elevation. CESPK-CO-R Page 2 Exemption Summary A Section 404 permit is required if either of the following occurs: (I) Any discharge of dredged or ?ll material resulting from the above activities which contains any toxic pollutant listed under Section 307 of the Clean Water Act shall be subject to any applicable toxic ef?uent standard or prohibition, and shall require a permit. (2) Any discharge of dredged or ?ll material into waters of the United States incidental to the above activities must have a permit if it is part of an activity whose purpose is to convert an area of the waters of the United States into a use to which it was not previously subject, where the ?ow or circulation of waters of the United States may be impaired or the reach of such waters reduced. Where the proposed discharge will result in signi?cant discernible alterations to ?ow or circulation, the presumption is that ?ow or circulation may be impaired by such alteration. For example, a permit will be required for the conversion of a wetland from silvicultural to agricultural use when there is a discharge of dredged or ?ll material into waters of the United States in conjunction with construction of dikes, drainage ditches, or other works or structures used to effect such conversion. A discharge which elevates the bottom of waters of the United States without converting it to dry land does not thereby reduce the reach of, but may alter the ?ow or circulation of, waters of the United States. If the proposed discharge satis?es all of the above restrictions and the best management practices. it is automatically exempted and no further permit action from the Corps of Engineers is required. If any of the restrictions of this exemption will not be complied with. a permit is required and should be requested using ENG Form 4345 (Application for a Department of the Army permit). A nationwide permit authorized by the Clean Water Act may be available for the proposed work. State or local approval of the work may also be required. For general information on the Corps? Regulatory Program please check our web site at For additional information or for a written determination regarding a speci?c project, please contact the Corps at the following addresses: Sacramento Mam Of?ce-1325 Street. Room 1480, Sacramento. CA 95814 I (916) 5576250 Reddmg Field Of?ce-310 Hemsted, Suite 310, Redding, CA 96002 (530) 22343534 Reno Field Of?ce? 300 Booth Street, Room 3050. Reno, NV 89509 (775) 784-5304 Bountlful Field Of?ce- 533 West 2800 South. Suite 150, Bountiful, UT 84010 (8G1 (801) 295-8380 Grand Junction Field Of?ce- 400 Rood Ave. Room 224. Grand Junction. CO 81501 (970) 2434199 Durango Field Of?ce?1970 East 3rd Avenue, Suite 109, Durango, CO 81301 (970 (970) 259-1764 St George Field Of?ce?196 East Tabemade St., Suate 30. St. George. UT (435) 98643979 Updated Feb 2017 Division of Reclamation, Mining, and Safety Fee Receipt for M1999058 Colorado Stone Quarries, Inc. Receipt 27443 Daniele Treves Date: 09/19/2018 1 Marble Quarry Road Permit: M1999058 Marble CO 816230000 Payment Method Revenue Code Fee Description/Notes Amount Check #20024 4300-MTRO Minerals Technical Revision $216.00 User: TR05 Receipt Total: $216.00 Page 1 of 1 9/18/2018 View/Print Label View/Print Label 1. Ensure there are no other shipping or tracking labels attached to your package. Select the Print button on the print dialogue box that appears. Note: If your browser does not support this function, select Print from the File menu to print the label. 2. Fold the printed label at the solid line below. Place the label in a UPS Shipping Pouch. lfyou do not have a pouch. affix the folded label using clear plastic shipping tape over the entire label. 3. GETTING YOUR SHIPMENT T0 UPS Customers with a scheduled Pickup 0 Your driver will pickup your shipment(s) as usual. Customers without a scheduled Pickup 0 Take your package to any location of The UPS Store?, UPS Access Point(TM) location, UPS Drop Box, UPS Customer Center, Staples? or Authorized Shipping Outlet near you. To ?nd the location nearest you, please visit the 'Locations' Quick link at ups.com. 0 Schedule a Pickup on ups.com to have a UPS driver pickup all of your packages. FOLD HERE I d/d 8 SET TOX 09'6 808 OD .th NOISIAIG 81738460808 03 HHANEIG woos .LEIHHLS 8181 OL 839m mauvw ovoa AHHVHO masvw I our ?saluuvno sums oovumoo zoos-voz-oz? '1an [.896 TO M89 1799 ZI 3# DNDIDVHJ. HIV AVG Sd? 91.07;. l. 438' :lO NOl'Sl/llq MEWS 1/1