(b) (6) C/O (b) (6) Colorado West Section US Army Corps of Engineers 400 Rood Avenue, Room 224 Grand Junction, CO 81501 970-243-1199 January 31, 2020 Delivered Via Email and FedEx Delivery RE: Response to Request for Information Regarding Construction of a Temporary Mining Haul Road (SPK-2019-00889) Mr. (b) (6) : I am following up on my telephone conversation with (b) (6) on January 24, 2019 regarding the above-referenced matter. During our call, (b) (6) requested that Colorado Stone Quarries (CSQ), through its consultant Greg Lewicki and Associates PLLC (GLA), submit a revised, replacement version of my letter to both of you dated January 16, 2020.(b) (6) requested that th the replacement letter include not only the information provide in my January 16 letter, but also that it provide additional information she requested during our January 24th call and during my and Ben Miller’s meeting with (b) (6) and Mr. Dustin Czapla, Colorado Division of Reclamation, Mining and Safety (DRMS), at the Corps’ Grand Junction, Colorado office on January 17, 2020. This letter responds to those requests. As you will see, rather than separate our initial responses from our follow-up ones, I have, as appropriate, attempted to blend them together to provide a smoother chronology of events concerning the fill activities at the Pride of America Mine (PAM). It is my understanding that, once this letter is received, (b) (6) intends to mark the January 16, letter as “replaced.” All figures are included in Appendix A to this January 31, 2020 dated letter. Referenced maps and cross-sections are included in Appendix B. As stated in the January 16, letter, Mr. Daniele Treves, General Manager of CSQ, asked GLA to respond to (b) (6) letter to CSQ dated December 18, 2019. In his letter, (b) (6) requests certain information regarding the temporary mining haul road that has been constructed at the mine. That information is provided below. 1 Before responding to (b) (6) specific requests, I thought it would be helpful to provide some background information regarding CSQ’s operation of the PAM, including CSQ’s interaction with the DRMS and Gunnison County. The PAM is a combination of the historical Yule, Smith, Osgood, and Strauss Quarries located within the Yule Creek Valley south of Marble, Colorado. Prior to 2015, ownership of the mines was split between Colorado Stone Quarries and the McIntyre family. After acquisition of the McIntyre property, CSQ filed an application with the DRMS to convert its reclamation permit from a limited impact operation (110) permit (limited to <10 acres) to a regular operation (112) permit. The permit conversion application was approved on May 4th, 2016. Simultaneously, the conversion was processed and approved by Gunnison County through its Land Use Change - Minor Impact process. Technical Revision 5 (TR-5) to CSQ’s reclamation permit was filed with the DRMS on September 16 th , 2018. The purpose of TR-5 was twofold and the timing of initiation was driven by requests made by Gunnison County. First, TR-5 satisfied the existing long-term mine plans to create a safer, wider, and shallower-grade permanent access road to allow for full development of the Franklin Quarry. This access was to be achieved by temporarily diverting Yule Creek and mining the first phase of the Franklin Quarry via the temporary haul road along the historical rail grade of Yule Creek as proposed in TR-5. Secondly, TR-5 assisted Gunnison County in resolving issues regarding the relocation of its previous right-of-way (ROW) through the quarry property for public access and viewing of the historical quarries. The ROW previously used the rail grade for public access, however, due to safety concerns potentially arising from public access to the active quarry, the historical access was no longer feasible (Figure 1). Access issues have been complex throughout the life the quarries along Yule Creek. Initially, from the 1895 until 1910, all quarry access was along a very narrow and winding road. This trail was replaced by two separate railroads (Figure 2) – the Treasury Mountain Railroad, which serviced the Strauss Quarries, and the electric tramway built by the Yule Marble company (Figures 3 and 4). The tramway connected the marble milling facility located in the Town of Marble to the loading area at the Yule quarry at the foot of the dump below what is now Portal #4. The railroad was abandoned in the summer of 1942 as the mill and quarry had shut down in 1941 with all equipment sold or torn down between 1941 and 1942. The rail grade was converted to a roadway and provided access to the properties along the route, as well as to the quarry (Figure 5). The road was rough and generally only a single lane. During the inactive period of the quarry from 1941 until it reopened in 1989, the Yule quarry became a popular tourist destination. In the 1980’s the Colorado Mined Land Reclamation Board installed safety fence and access improvements to better allow the public to view the quarry. In 1989, the Yule quarry was permitted to reopen and the new operator planned to utilize the road from the Town of Marble to the current mine gate. From there, the operator developed a steep road section through the ghost town of “Quarry Town” (Figures 6 and 7). The last section of the rail grade and County ROW was avoided due to physical and property access issues (Figures 4 and 5). As part of the 1989 County Special Use permit, the operator agreed to a number of road improvements, including construction of a parking lot to allow for tourists to 2 walk the remaining section of the rail grade, and trails to access and view the quarry from Portals #2 and #3. In 1998, the McIntyres, former owners of the area now named the Franklin Quarry, erected a gate along the County ROW where it crossed their property (Figure 8). The County believed that the trail was a public trail and instituted a quiet-title action in state district court to establish the public’s right to use the trail. The County obtained a temporary restraining order preventing the landowner from excluding the public from using the trail. The temporary restraining order was replaced by a preliminary injunction in June of 1999. In 2000, the court quieted title in favor of the County and made the injunction permanent. An amended final decree was entered in 2002. In 2004, the Colorado Supreme Court reversed the judgement and remanded the case back to the district court. In 2005, the court entered a final quiet title decree in favor of the McIntyres. The County appealed and the Colorado Court of Appeals affirmed. The County filed a petition for certiorari with the Colorado Supreme Court, which was denied in 2007. The McIntyres filed a complaint in federal district court in 2006, which asserted a claim for inverse condemnation. The court found in favor of the McIntyres and ordered the County pay the McIntyes all costs in 2007. This lawsuit resulted in the County ROW which was broken up along the final segment between the mine’s gate and the bottom of the dump. Issues between the various quarry operators and the McIntyres also occurred during and after this period. The McIntyres extracted a number of concessions from the quarry, including use of the public ROW past their private gate. After the quarry acquired the McIntyre property in 2015 and began the permit expansion process through the County and DRMS, CSQ entered into negotiations with the County to address the ROW and public access issues. After the lengthy legal process involving the McIntyre lawsuits, the issue of public access to the site was very important to the County. As part of the approval for the County Land Use Change – Minor Impact Permit (LUC) in 2016, the quarry committed to working with the County, USFS, and other stakeholders to develop a trail system to allow for public viewing of the quarry. As part of these commitments, CSQ returned of the missing piece (the McIntyre portion) of the historical ROW back to Gunnison Count and allowed Gunnison County to administratively close public access to the ROW beyond the mine gate. Therefore, public access through the quarry was closed in 2016 as the result of the quarry expansion approved via the permit conversion with the DRMS and the 2016 amendment to the Gunnison County LUC and administrative closure by Gunnison County. Prior to submitting TR-5 to the DRMS, CSQ, Gunnison County and the USFS White River National Forest had discussed for approximately two years the most appropriate options to reopen public access to the site. At the time TR-5 was written, Gunnison County strongly indicated that continued approval of CSQ’s LUC permit was contingent on developing renewed public access to the site. Due to the previous failed attempts at external trail alignments, the County was prepared to remove the administrative closure and reopen the ROW to the public. To prevent the public from climbing on the dump and entering active mining areas, the County proposed development of a public trail network on top of the ridge dubbed the Franklin Quarry. This would have effectively precluded the extraction of the mineral resource from the planned Franklin Quarry, Roosevelt Quarry, and Adams gallery. These quarries and galleries represent approximately half of the defined reserve of PAM. 3 In-person on-site meetings between Gunnison County, CSQ, GLA, and USFS representatives occurred on July 14, 2016, November 2, 2016 (USFS office), and August 30, 2018. The USFS was clear that no additional trails would be possible within the two year time window dictated by Gunnison County. By relocating the ROW to the upper road used for mining access from the 1980s-2018, the public would now have access to the site as required by the Gunnison County LUC conditions of approval (Figure 9). While relocation of the mining access road was in the long-term mining plan for many years, the exact timing of the move and the resulting TR-5 were driven by Gunnison County’s express request to restore public access by approximately Memorial Day of 2019. Additionally, the geotechnical stability of the Belden shale cliff above the historic rail grade, which also forms the base of the 1980’s access, was becoming increasingly unstable over the last few years. Large fractures along the shale bedrock surface were showing signs of slipping in the spring of 2018 (Figure 10). Due to this potential for catastrophic failure, the plan to initiate permitting for and blasting of the shale slope to facilitate the temporary mining access road was deemed appropriate as an effective mitigation tactic to risks posed by the unstable shale slope surface (Figures 11 and 12). In addition to geotechnical stability, the relatively steep ~12% road grade and very narrow width in some areas of the previous haul road made it very difficult for the on -road haul trucks to access the site prior to the creek diversion and new 4% grade haul road construction. The narrow areas of the previous haul road presented further constraint due to safety issues. Mine Safety and Health Administration (MSHA) regulations (30 CFR 56/57/9300(a)) require that “berms or guardrails shall be provided and maintained on the banks of roadways where a drop-off exists of sufficient grade or depth to cause a vehicle to overturn or endanger persons in equipment” and (b) “berms or guardrails shall be at least mid-axle height of the largest self-propelled mobile equipment which usually travels the roadway.” At the PAM, this height is 3.5 feet due to the large wheel height of the Volvo 350H loaders used to move marble blocks throughout the site; therefore, marble blocks are required to line all haul roads within the site. These marble blocks further ‘choked’ off the road providing very difficult (narrow and steep) driving conditions along the previous haul road especially during icy winter conditions. As part of the TR-5 writing process, (b) (6) , Principal Consultant at GLA contacted via phone to discuss the contents of TR-5 and also provided a copy of TR-5 via the following email dated September 26, 2018. (b) (6) “Wednesday 9/26/18 9:33AM Email to (b) (6) @usace.army.mil CC to Katie@lewicki.biz Re: Temporary Road at the Price of America Mine (Yule Quarry) Ben, 4 Please see the attached Technical Revision files submitted to the DRMS. At this time, we anticipate pulling the road fill back out of the creek once the quarry has been opened up enough to make a simple crossing. If the plans change, we will begin working with you on a Nationwide or Individual permit. Regards, Ben Miller” promptly called Mr. Miller to discuss the permit application. He requested clarification as to whether GLA intended for him to process the information as a Clean Water Act Section 404 permit application or to treat it as a notice. Mr. Miller advised Mr. (b) (6) that GLA believed the action was exempt from permitting due to the conditions stated in TR-5 (i.e., temporary mine haul road), but committed to working with the USACE in the event CSQ’s plans changed. The DRMS required an adequacy response to TR-5 which was submitted to the Division on October 4, 2018 and a copy of which is enclosed in Appendix C. The DRMS approved TR-5 for the PAM on October 11, 2018, and a copy of that approval letter is also enclosed in Appendix C. (b) (6) Following approval of TR-5 by the DRMS and approval by Gunnison County, work began on the new haul road on November 9, 2018. (Figures 1, 5, 8, 10, 11, 13-18, and 25 show the pre-diversion conditions of Yule Creek.) The first step of that process was the diversion of Yule Creek which began on November 5, 2018 and blasting to remove the geotechnical hazard above the rail grade adjacent to the now-diverted Yule Creek occurred on November 9, 2018 (Figures 19 and 20). This initial blasting event also represents the first fill to enter the channel of the now diverted Yule Creek. The temporary mining road was completed and opened for hauling and primary site access on Septem ber 18, 2019. The time spent completing the road, approximately 10.5 months, was complicated by a heavier than average snowfall during the winter of 2018-2019 coupled with the resultant higher than average spring runoff in 2019 (Figure 21). The temporary road was originally intended to have a two-year use period. That time period, however, has doubled as a result of the October 2019 diesel spill and associated remediation. This change to the timeline has also affected the opening date of the public access trail required by Gunnison County. As detailed in CSQ’s October 11 th , 2019 Diesel Spill Report, dated November 27, 2019 (October Spill Report), the October 2019 spill impacted a portion of the temporary and permanent road fill. The impacted area will be addressed, in part, through the implementation of the Bioremediation Treatment Plan, which is Appendix F to the October Spill Report. Generally speaking, the remediation of the contaminated fill material will involve the use of specialized microbes to digest the hydrocarbons. Additional detail can be found in the plan. GLA anticipates the treatment plan will occur over a duration of at least one year until monitoring wells confirm that the hydrocarbon levels are below the threshold limits set by CDPHE. However, one year of treatment is merely an estimate. Following the completion of all required treatment, GLA anticipates that a full year, or possibly more, of sampling results below those thresholds will be required to release the site from its mitigation plan. 5 CSQ’s original plan for the temporary road anticipated 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 filling of the existing creek channel to create a temporary mining access road. 3. Closure of the current haul road to mine traffic above the mine gate. 4. Opening of the current haul road to public parking and pedestrian traffic 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 fill within Yule Creek. 7. Installation of a permanent crossing at the north end of the ridge to create the permanent access road as shown on Maps C-1 and C-3 included in TR-5. 8. Closure of the Yule Creek eastern diversion and a return of the creek to its original western location. 9. Continued and permanent use of the new access road for all quarry traffic. The plan allowed for public viewing of the quarrying without exposing visitors to risk s associated with the active mine. The public viewing location will be on the same level or above active mining to allow for safe viewing. The plan did not change the anticipated disturbed area of the mine or material movements for the mine. The section of creek that was temporarily filled is narrow, rocky, and already contains waste marble from historical mining operations as shown on Figures 5 and 15. All fill material is composed of: waste marble from mining (including size ranges of dust, hand sample, boulder, and cut 10 ton marble blocks; Figures 5 and 21), moraine material cut off the eastern channel, and/or blasted Belden shale (Figures 19 and 20). The attached maps from Appendix A of the October Spill Report (included in Appendix B of this submission) detail changes from before the diversion (drone flight image captured September 20, 2018) to after the diversion (drone flight image captured Oct ober 2, 2019). The total fill within the previous orientation of Yule Creek is approximately 112 kCY. GLA believed that the planned work within Yule Creek qualified under the Clean Water Act Section 404(f) exemption for the construction and maintenance of farm roads, forest roads, or temporary roads for moving mining equipment (i.e., the “Road Exemption”). The Road Exemption requires that 15 best management practices (BMPs) are met in order to be exempt from permitting, as stated in 40 CFR 323.4(a)6). Those BMPs are summarized below, along with a brief description of how CSQ’s activities comply with those practices, as applicable: 1. Temporary mining access roads be kept to the minimum feasible number, width and length consistent with the purpose of the mining operation and applicable site conditions. This route is the minimum disturbance path to allow for safe access to the marble deposit and to allow for public access for viewing of the quarry. The included annual report maps submitted to the DRMS show the location and geometries of the haul road. 6 2. Roads shall be located sufficiently far from streams to minimize the discharge of fill material into the waters of the US. This route fills only the minimum volume to establish the access road. The included annual report maps show the location and geometries of the haul road. The final temporary fill volume is 84 kCY. 3. The fill shall be designed to prevent restriction of expected flood flows. Diversion of Yule Creek into a historic channel will provide unrestricted flood flows. The historic channel has a much larger cross section than the existing channel. The included annual report maps show the location and geometries of the diversion channel. 4. The fill shall be properly stabilized and maintained to prevent erosion. Coarse broken marble, blasted shale, and moraine material was used as fill for the roadway and diversion. No erosion issues were anticipated for either; however, the late and very large peak runoff in 2019 did create erosion within the eastern banks of the diversion channel. In response, coarsely broken marble was arranged in rows and walls of 20-ton cut marble blocks within the diversion along the channel banks in the summer and fall of 2019 to further stabilize the diversion from erosion (Figure 22). 5. Fill material placement shall be made in a manner that minimizes encroachment of machinery into areas outside the fill area. The fill area is bound by steep rock slopes. Machinery encroachment will not be an issue, excepting rare occasions when erosion control repairs are deemed necessary. 6. In design, construction, and maintenance of the road, vegetative disturbance within the waters of the US shall be minimized. The area to be filled does not have significant vegetation and the creek bed was particularly devoid of vegetation due to the subalpine conditions of the creek (Figures 1, 5, and 10). 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 fill material will either be waste marble from mining, blasted shale (the western bedrock surface of the pre-diversion creek), or moraine material that previously choked and cut off the eastern channel. 9. The fill shall not impact threatened and endangered species or adversely affect 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 filled is either bare marble 7 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 upstream of and approximately 1,000 feet higher in elevation from the Town of Marble. The Town of Marble does not intake water downstream from the quarry. The nearest intake is the Town of Carbondale approximately 25 miles downstream. 12. The discharge shall not occur in areas of concentrated shellfish production. No shellfish 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, Belden shale, or marble were utilized as fill, all are inert. 15. All temporary fills shall be removed in their entirety and the area restored to its original elevation. As originally planned, once the ridge in the Franklin Quarry is mined sufficiently to allow for working room and access, the temporary fill will be removed, and the creek will be returned to its previous location. CSQ completed diversion work on November 6, 2018; Figures 23 and 24 show before and after photos of the diversion at its northern and downstream most extents . Minimal activities were necessary to utilize the historical eastern channel (Figures 25-28). Vegetation and topsoil were removed along the diversion channel bottom and used in revegetation of dump benches and other reclamation efforts on site. Waste marble blocks were used to create walls and attenuators within the diversion channel (Figure 22). These structures reduce the velocity of water as well as provide potential aquatic habitat areas along the diversion. Temporary road construction began as soon as the channel was diverted but was forced to halt due to an above-average snow depth over the winter. Road construction restarted in May 2019 after snow had melted enough to restart fill placement. Conversion of the current haul road into a pedestrian access was originally intended to be completed prior to the summer of 2019 to allow for public viewing of the quarry during peak tourism season. Due to construction delays, however, construction of the temporary haul road was not completed until September 18, 2019. As originally planned and as set forth in the approved TR-5, the temporary road was to be removed once permanent access was established across the Franklin Quarry. The creek was then to be relocated back into its original channel. As a result of the diesel spill and associated planned remediation, however, the removal of the temporary road fill likely cannot occur any earlier than fall of 2022. To the extent additional excavation is required as the result of the October fuel spill, such work will begin in Spring 2020 from the south to the north. CSQ, through its consultants, is also conducting on-going surface water 8 sampling at various locations along Yule Creek. Bioremediation resulting from the October fuel spill is ongoing. In light of the October diesel spill and recent conversations with USACE, CSQ currently anticipates it will submit an application for nationwide permit authorization from the USACE, possibly a Nationwide Permit 38 for the Cleanup of Hazardous and Toxic Waste. CSQ evaluation of potential permit options is on-going. As part of that process, a site visit is planned with both of you, Dustin Czapla, and Ben Miller and myself on Tuesday, February 11, 2020 to view the site and to further discuss and determine which permit pathway, if determined to be required, is the most appropriate. The site visit will also serve to familiarize the USACE with the unique conditions of the marble q uarry specifically pertaining to the subalpine environment and steep drops and topographic changes throughout the 124.10-acre mining permit area. CSQ and GLA would like to further discuss with the USACE what we believe to be the three most appropriate options for addressing current conditions at the site in specific regard to the fill materials: (i) no action; (ii) permanent diversion of Yule Creek east of the ridge; and (iii) return of Yule Creek to its original horizontal alignment with a diverted vertical alignment. The total affected stream reach is about 1,500 feet long, but is very narrow (i.e., <10 -15 feet wide) at the channel base. Using 1,500 feet along the flow line at the high-water mark results in an area of less than one-half acre of impact to Yule Creek. Each potential option is briefly discussed below. GLA believes that the first, no-action alternative would allow the remediation process to take place prior to reestablishing the original creek to its previous vertical and horizontal alignment, as designed in TR-5. This would delay the removal of the temporary road for at least two additional years from the initial two-year window. Due to disturbance from the October 2019 spill response, additional reclamation designs also will need to address the disturbed area downstream of the creek crossing. The reach of Yule Creek that would be permanently affected would be approximately 500 feet. The horizontal alignment of the creek would be maintained through this reach, but the horizontal profile of the reach would be modified to safely transmit the flows down 100-130 vertical feet of drop along the approximate 500 feet of reach. The second option would include a permanent diversion of the creek to the east of the Franklin Quarry. The third option would be to return Yule Creek to its original horizontal alignment, but would include a diverted vertical alignment. A new creek bed would be built above the historic profile, above the impacted soils. An engineered channel would be created from large waste marble blocks and broken marble. 9 At present, GLA believes the second and third proposed pathways would require CSQ file either a USACE Nationwide Permit 38 for the Cleanup of Hazardous and Toxic Waste, a Nationwide Permit 14 for linear transportation projects, or an individual permit . During the upcoming site visit on February 11, 2020, and through continued dialogue with the USACE, GLA and CSQ wish to further explore and discuss these three options in order to determine the most appropriate and efficient path forward. Please do not hesitate to contact me with any questions. Thank you. Regards, Katie Todt Greg Lewicki and Associates, PLLC (314) 704-455 katie@lewicki.biz EC: Daniele Treves, Colorado Stone Quarries; Ben Miller, Lewicki and Associates; Dustin Czapla, DRMS; David Baumgartner, Gunnison County Attorney 10 Appendix A Supporting Figures 11 Figure 1. View to the north of the previous ROW and public access to the quarry along the historical rail grade approximately along cross-section 10+00. Photo captured July 12, 2016. Figure 2. Historic 1912 photo of the rail grade and block loading structures at cross section alignment 12+00. View to the north. Figure 3. View to the south of the historical rail grade used as public access from the 1920s-1980s. Photo date: 1941. Figure 4. Historical 1912 photo of the rail grade along cross-section alignment 12+00. Notice the same erosion line on the eastern marble bedrock face as in the 2016 photo as Figure 5. Figure 5. View of Yule Creek pre-diversion with the historical rail grade to the left of the view; approximately ~15+50 cross-section alignment. View to the north-northwest; captured photo July 12, 2016. Notice the same erosion line on the eastern marble bedrock face as in the 1912 photo as Figure 4. Figure 6. View to the southwest of CSQ quarry operations detailing the proposed Yule Trail southern barrier fence and trail alignment shown as a red line. At the time this photo was taken, the red line represents the narrow and steep haul road prior to the creek diversion. The portal 4 viewing area will provide the public wide views of the active surface quarrying operation. Photo captured August 10, 2016. Figure 7. Historic 1910 photo of the area near portal 4 and old haul road/new public access road, shown as the upper rail grade in the photo. The lower rail with marble block loading is approximately on grade with the new haul road. View to the west -northwest approximately along cross-section alignment 18+00. Figure 8: Public Access trail within the McIntyre property; a gate was erected ~200 feet north of this location. Center of road fill section looking south along cross-section alignment 10+00. Fill in this section is approximately at the level of the historical rail grade. View to the southsoutheast; photo captured September 18, 2018. Figure 9. Schematic design of the southern Yule Trail barricade located near Portal 4. Photo captured December 12, 2018; view to the southwest; schematic polygons not to scale. Figure 10. Pre-blast and diversion conditions of the Belden shale slipping into Yule Creek along cross-section alignment 8+00. Notice the red gate of the McIntyre trail. View to the north, photo captured September 18, 2018. Figure 11. Historical rail grade and hanging Belden shale adjacent to Yule Creek along cross-section alignment 10+00. View to the west; photo captured July 12, 2016. Figure 12. Blasted Belden shale to be used as road fill following the creek diversion. Pooled water is snow melt impounded by the blast sediment along the since-diverted Yule Creek bedrock channel; cross-section alignment 10+00. View to the west; photo captured May 15, 2019. Figure 13. Initial excavation in preparation of the diversion located at cross-section alignment 18+00. View to the northwest, photo captured August 30, 2018. Figure 14. Pre-diversion conditions of Yule Creek along cross-section alignment 18+00. The weir and diversion point are approximately 100 feet to the right of this view. View to the east; photo captured August 30, 2018. Figure 15. Pre-diversion conditions of Yule Creek along cross-section alignment ~17+50, approximately 50 feet northwest of Figure 14. The historic rail grade is visible west of the creek adjacent to the marble outcrop. View to the north-northwest; photo captured June 15, 2016. Figure 16. Pre-diversion conditions of Yule Creek along cross-section alignment 14+00. View to the north-northwest; photo captured September 21, 2016. Figure 17: Southern end of road fill section prior to road construction. View to the southsoutheast; photo captured on September 18, 2018. Figure 18. Similar location to Figure 17 with view higher in elevation and to the northwest. Notice Yule Creek pre-diversion. Photo captured August 14, 2018. Figure 19. Post-blast smoothing of Belden shale at the northern extent of the haul road along cross-section alignment 6+00. View to the south, photo captured May 15, 2019. Figure 20. Blasted Belden shale fill at approximately 08+00 cross-section alignment. View to the northwest; photo captured from the Franklin Ridge on May 15, 2019. Figure 21. Broken marble fill along the haul road at cross-section alignment 14+00. View to the northwest; photo captured October 17, 2019. Figure 22: 2019 Erosion repair and prevention of marble blocks installed within the new channel. View to the south-southeast, photo captured October 26, 2019. Figure 23. Pre-diversion view of the northern extent of Yule Creek; creek pathway on western (right) side of the Franklin hump (cabin) along cross-section alignment 2+00. View to the south; photo captured August 9, 2016. Figure 24. Post-diversion view of the northern extent of Yule Creek; creek pathway on eastern (left) side of the Franklin hump (cabin) along cross-section alignment 2+00. View to the south; photo captured May 15, 2019. Note, a slightly different view was used to capture this photo when compared to Figure 25. Figure 25. Creek diversion along cross-alignment 18+00. Road of the left image is on the eastern side of the Franklin ridge. View to the north; photo captured May 15, 2019. Figure 26. Creek diversion along cross-alignment 12+00. Road of the left image is on the eastern side of the Franklin ridge. View to the north; photo captured May 15, 2019. Figure 27. Creek diversion along cross-alignment 8+00. View to the north; photo captured November 6, 2018. Figure 28. Creek diversion along cross-alignment 4+00. View of previously polished marble with new waterflow following previous flow channels. Dark rock is the overlying Molas formation and represents the top of the marble outcrop. View to the northeast; photo captured October 17, 2019. Appendix B Maps and Cross Sections prepared for this January 31, 2020 submittal: PAM 200130-2018 Topography - Plan View (1 of 15) PAM 200130-2018 Drone Image - Plan View (2 of 15) PAM 200130-2019 Topography - Plan View (3 of 15) PAM 200130-2019 Drone Image - Plan View (4 of 15) PAM 200130-Section 0+00 - Cross Section (5 of 15) PAM 200130-Section 2+00 - Cross Section (6 of 15) PAM 200130-Section 4+00 - Cross Section (7 of 15) PAM 200130-Section 6+00 - Cross Section (8 of 15) PAM 200130-Section 8+00 - Cross Section (9 of 15) PAM 200130-Section 10+00 - Cross Section (10 of 15) PAM 200130-Section 12+00 - Cross Section (11 of 15) PAM 200130-Section 14+00 - Cross Section (12 of 15) PAM 200130-Section 16+00 - Cross Section (13 of 15) PAM 200130-Section 18+00 - Cross Section (14 of 15) PAM 200130-Section 20+00 - Cross Section (15 of 15) Attached maps from Appendix 1 of the October 11 th , 2019 Diesel Spill Report, dated November 27, 2019: Appendix A2 - PAM 190501-Long Section (Drone Image 2018).pdf Appendix A3 - PAM 191121-Long Section (Drone Image 2019).pdf 12 ' 50 98 2018 Topography - Plan View (1 of 15) Pride of America Mine Colorado Stone Quarries, Inc Date Code: 200131 ' ' 00 98 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W Pre-diversion Creek 200 PM: 6th 400 600 9275' MSHA ID: 05-04438 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 9300' 9825 DRMS Permit Number: M-1999-058 9750 ' 9775' Map Scale: 1": 200' 925 0' 9725' File Name: PAM 200130.dwg Post-diversion Creek Portal 4 Fuel Station 922 5' 932 0' 5' 930 927 970 0' 5' 925 0' 920 0' 917 0' 00 915 9425' 18+ 00 16+ 9400' li Portal 1 00 nk 00 20+ 5' 92 92 25 00 ' ' a Fr ry ar u nQ 9375' 9350' 9325' 5' 14+ 92 2 se Roo y uarr Q t l ve Portal 4 00 91 12+ 9300' 0' 920 5' 922 0' 925 9275' 75 00 ' 0' 915 5' 917 10+ 5' 960 0' 957 9550' 9525' 9475' 9425' 9450' 9500' Leadville Limestone 8+0 0 5' 912 0' 910 6+0 0 DRMS Permit Boundary 5' 907 4+0 0 0' 905 0 9025' 2+0 9000' 9375' 8975' ' 0' 955 9525' 9550' 9425' 9450' 9475' Haul Road There is a known vertical discrepancy between the 2018 and 2019 topographic lines. This discrepancy is corrected in all cross sections. 9400' 0' 930 5' 927 ' 50 92 9225' 9200' Gunnison County ROW 50 93 93 25 ' 2018 Drone Image - Plan View (2 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Pre-diversion Creek Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W 200 PM: 6th 400 600 Map Scale: 1": 200' File Name: PAM 200130.dwg Post-diversion Creek Portal 4 Fuel Station 00 00 16+ n kli Portal 1 Leadville Limestone 8+0 0 10+ 00 12+ 00 14+ an Fr a Qu 00 y uarr 18+ rry lt Q eve s o Ro 00 20+ Portal 4 2+0 0 4+0 0 6+0 0 DRMS Permit Boundary Haul Road Gunnison County ROW 2019 Topography - Plan View (3 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W 200 PM: 6th 400 600 Map Scale: 1": 200' File Name: PAM 200130.dwg Pre-diversion Creek Post-diversion Creek Franklin Pad Fuel Station Portal 1 00 18+ lin nk 00 16+ a Fr 00 s y uarr rry Leadville Limestone 8+0 0 10+ 00 12+ 00 14+ Roo lt Q eve a Qu 00 20+ Portal 4 4+0 0 6+0 0 DRMS Permit Boundary 2+0 0 Haul Road Sump Emergency Spill Activities Gunnison County ROW There is a known vertical discrepancy between the 2018 and 2019 topographic lines. This discrepancy is corrected in all cross sections. 2019 Drone Image - Plan View (4 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W PM: 6th 200 400 600 Map Scale: 1": 200' File Name: PAM 200130.dwg Pre-diversion Creek Post-diversion Creek Franklin Pad Fuel Station Portal 1 00 18+ li nk 00 16+ a Fr 00 se y uarr ry ar Leadville Limestone 8+0 0 10+ 00 12+ 00 14+ Roo Q velt u nQ 00 20+ Portal 4 4+0 0 6+0 0 DRMS Permit Boundary 2+0 0 Haul Road Sump Emergency Spill Activities Gunnison County ROW Section 0+00 - Cross Section (5 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W PM: 6th 400 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg +900' 10200' Leadville Limestone 10000' +700' 9800' +500' Yule Creek 9600' +300' 9400' +100' 9200' -100' 9000' -300' 8800' 1800' East -500' 1600' 1400' 1200' 1000' 800' 600' 400' 200' 0 0+00 200' 400' 600' 800' West Section 2+00 - Cross Section (6 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W PM: 6th 400 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg +900' 10200' Leadville Limestone 10000' +700' 9800' +500' Yule Creek 9600' +300' 9400' +100' 9200' -100' 9000' -300' 8800' 1800' East -500' 1600' 1400' 1200' 1000' 800' 600' 400' 200' 0 2+00 200' 400' 600' 800' West Section 4+00 - Cross Section (7 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W PM: 6th 400 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg +900' 10200' Leadville Limestone 10000' +700' 9800' +500' Post-diversion Creek Pre-diversion Creek 9600' +300' +100' 9400' Sump (~50 feet south) 9200' 9000' -100' -300' Road Fill 8800' 1800' East -500' 1600' 1400' 1200' 1000' 800' 600' 400' 200' 0 4+00 200' 400' 600' 800' West Section 6+00 - Cross Section (8 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W 400 PM: 6th 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg +900' 10200' Leadville Limestone 10000' +700' Franklin Quarry Post-diversion Creek 9800' +500' 9600' +300' 9400' Sump (~150 feet north) 9200' -100' 9000' -300' Road Fill Pre-diversion Creek 8800' 1600' East +100' -500' 1400' 1200' 1000' 800' 600' 400' 200' 0 6+00 200' 400' 600' 800' West Section 8+00 - Cross Section (9 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W PM: 6th 400 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg +900' 10200' 10000' Leadville Limestone +700' Franklin Quarry 9800' Pre-diversion Creek Post-diversion Creek 9600' +500' +300' 9400' +100' Roosevelt Quarry 9200' -100' 9000' -300' Road Fill 8800' 1600' East -500' 1400' 1200' 1000' 800' 600' 400' 200' 0 8+00 200' 400' 600' 800' West Section 10+00 - Cross Section (10 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W PM: 6th 400 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg +900' 10200' Leadville Limestone 10000' +700' Franklin Quarry 9800' +500' Post-diversion Creek 9600' +300' 9400' +100' 9200' -100' 9000' Road Fill Pre-diversion Creek 8800' 1600' East -300' -500' 1400' 1200' 1000' 800' 600' 400' 200' 0 10+00 200' 400' 600' 800' West Section 12+00 - Cross Section (11 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W 400 PM: 6th 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg +900' 10200' Franklin Quarry 10000' +700' 9800' +500' Post-diversion Creek 9600' +300' 9400' +100' Leadville Limestone 9200' -100' 9000' Road Fill Pre-diversion Creek -300' 8800' 1400' East -500' 1200' 1000' 800' 600' 400' 200' 0 12+00 200' 400' 600' 800' West Section 14+00 - Cross Section (12 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W 400 PM: 6th 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg +900' 10200' Franklin Quarry 10000' +700' 9800' +500' Post-diversion Creek 9600' +300' 9400' +100' Leadville Limestone 9200' Road Fill Pre-diversion Creek 9000' -300' 8800' 1200' East -100' -500' 1000' 800' 600' 400' 200' 0 14+00 200' 400' 600' 800' West Section 16+00 - Cross Section (13 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W 400 PM: 6th 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg 10200' +900' 10000' +700' 9800' +500' Post-diversion Creek 9600' +300' 9400' +100' Leadville Limestone 9200' 9000' Road Fill Pre-diversion Creek -300' 8800' 800' East -100' -500' 600' 400' 200' 0 16+00 200' 400' 600' 800' West Section 18+00 - Cross Section (14 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W 400 PM: 6th 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg 10200' +900' 10000' +700' 9800' +500' Post-diversion Creek 9600' +300' 9400' Leadville Limestone 9200' 9000' -100' Road Fill Pre-diversion Creek -300' 8800' 800' East +100' -500' 600' 400' 200' 0 18+00 200' 400' 600' 800' West Section 20+00 - Cross Section (15 of 15) Pride of America Mine Colorado Stone Quarries, Inc DRMS Permit Number: M-1999-058 MSHA ID: 05-04438 Date Code: 200131 Mine Entry Location: Latitude: 39.036066 Longitude: -107.168677 State: Colorado County: Gunnison Nearest Town: Marble (4.6 Miles) Section: 1 Township: 12S 0 Range: 88W 400 PM: 6th 800 1200 Map Scale: 1": 400' File Name: PAM 200130.dwg 10200' +900' 10000' +700' Portal 4 9800' +500' Portal 1 9600' Yule Creek +300' Leadville Limestone 9400' +100' 9200' -100' 9000' -300' 8800' 800' East -500' 600' 400' 200' 0 20+00 200' 400' 600' 800' West Appendix C DRMS TR-5 supporting correspondence: TR Adequacy Response to Modify Access Road to the PAM Mine 181010.pdf M-1999-058 TR5 Approval.pdf Previously shared with USACE Referenced Documents: Technical Revision 5 to the DRMS (previously electronically delivered to USACE) October 2019 Spill Report (previously electronically delivered to USACE) 13 October 10, 2018 Dustin Czapla 1313 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, Adequacy Response 1 Mr. Czapla: Please see the following responses to your adequacy review concerns of October 4, 2018. 1. Please describe in detail measures to be taken to control sediment from the historic eastern channel, one Yule Creek is diverted, to prevent additional sediment load to the creek downstream of the diversion. The eastern drainage will link to the central Yule creek drainage at approximately 1,500 feet from the upstream diversion point; therefore, the potential to suspend and carry fines will be extremely minimal. Settling ponds will be constructed, the product of Rosgen Arch installation, periodically throughout the diversion to capture soil from upstream (Figure 1). Settling ponds will be monitored and sediment build up will be removed as needed. Additionally, colluvium, marble waste rock, and talus serves as the ‘soil’ medium above unexposed bedrock in the diversion – very little fines make up this substrate (Figure 2). Minor excavation of said material will be carefully placed outside the potential erosion zone of the diversion and barricaded by waste marble. Timing of excavation is extremely important; excavation and creation of the diversion in late fall will minimize soil transport in low volume fall flows, snowpack from the winter months will serve to compact and cohesively seal any potential fines and loose sediment. Furthermore, any suspended sediment will quickly drop from the water as flows move downstream over steep slopes and minimal sediment loading will only occur during the first few weeks of high spring water flows through the diversion. 1 – CSQ TR-5 Adequacy Response Figure 1. Rosgen Arch installation schematic. Image not drawn to scale. Figure annotated from “2004, WA Dept. Forestry, Porous Weirs: 2004 Stream Habitat Restoration Guidelines: Final Draft, Western Oregon University, Monmouth, Oregon. https://www.wou.edu/las/physci/taylor/g407/restoration/WA_Dept_Forestory_2004_Porou s_Weirs.pdf” 2 – CSQ TR-5 Adequacy Response Figure 2. Current state of the diversion approximately 1,000 feet from the point of diversion. Notice the abundance of marble rubble and exposed bedrock (grey cliff forming member) with minor soil and debris. View to the west. Photo captured 180918. 2. Please describe in detail the “Rosgen Arches” and any other stabilization features to be utilized within the diversion channel. Rosgen arches, also referred to as porous weirs, will be installed every 20-40 horizontal feet with at least 5 feet of vertical capture space at each arch location (Figure 1). Porous weirs are the ideal solution routinely used in mountain environments to redirect flows and increase channel complexity through scour and sediment sorting. Water will flow over each arch into the next settling pond effectively slowing water flows (Figure 3). Each zone of capture, or settling pond, will be monitored and sediment build up w ill be removed as needed. Porous weirs will be constructed by installing waste marble block and rubble along the diversion trend. Additional waste marble will be used to fortify the banks of each intended settling pond along the trend. Waste marble boulders and blocks will redirect flow by concentration water between individual rocks and mindful gaps will be maintained to ensure clear passage between arches for fish and other aquatic species. Arches will be constructed to form an upstream-pointing arch, in plan view, with the lowest point located at the apex of the arch. Porous weirs will also provide time and space for suspended sediment to fall out of the water column and settle within the succession of resultant arch settling ponds. 3 – CSQ TR-5 Adequacy Response Figure 3. Example ‘pond’ structure of Yule creek just upstream of the point of diversion. Installation of porous weirs along the diversion will serve the same purpose as the metal weir in this image – to slow water flow and allow time and space for sediment to settle ou t of suspension. Installed weir is part of a flow monitoring for a potential hydro power project. View to the south. Photo captured: 180830. Please do not hesitate to contact me with questions of concerns. Regards, Katie Todt, P.G. Greg Lewicki and Associates, PLLC (314) 704-4505 katie@lewicki.biz Fax: (303) 346-6934 CC: Daniele Treves; Ben Miller, David Baumgartner (Gunnison County Attorney), USACE 4 – CSQ TR-5 Adequacy Response October 11, 2018 Daniele Treves Colorado Stone Quarries, Inc. 1 Marble Quarry Road Marble, CO 81623 1313 Sherman Street, Room 215 Denver, CO 80203 RE: The Pride of America Mine, Permit No. M-1999-058, Technical Revision (TR-5 ) Approval Dear Mr. Treves: The Division of Reclamation, Mining and Safety (Division) has approved the Technical Revision request (TR-5), which was submitted to the Division on September 19, 2018, and addresses the following: 1. Relocation of the main access road and temporary diversion of Yule Creek. The terms of TR-5 approved by the Division are hereby incorporated into Permit No. M-1999-058. All other conditions and requirements of the permit remain in full force and effect. If you require additional information, or have questions or concerns, please contact me at the Division’s Grand Junction Field Office. Sincerely, Dustin Czapla Environmental Protection Specialist Department of Natural Resources Division of Reclamation, Mining and Safety 101 South 3rd, Suite 301 Grand Junction, CO 81501 Phone: (970) 243-6299 Cc: Katie Todt, Greg Lewicki and Associates 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us John W. Hickenlooper, Governor Robert Randall, Executive Director Virginia Brannon, Director