From Aspen Journalism (Heather Sackett):
Pitkin County groups are keeping a close eye on a local marble-mining company that violated the Clean Water Act, as the company prepares to submit a permit application.
In March, the Army Corps of Engineers determined that Colorado Stone Quarries — the operator of the Pride of America Mine, above the town of Marble — violated the Clean Water Act when it relocated Yule Creek to make way for a mining road. CSQ is now retroactively applying for a permit from the Army Corps, which will require a 30-day public notice, public review and comments.
The Crystal River Caucus sent a letter to Gunnison County and Pitkin County commissioners on July 17 urging them to get involved during this upcoming public process to ensure the protection of local waterways Yule Creek and the Crystal River.
“Residents of the valley are concerned that future negligent or illegal actions taken by this company may put both Yule Creek and the Crystal River at additional risk,” the letter reads. “Even remedial actions, if not properly designed or carried out, could result in negative impacts downstream.”
Caucus chair John Emerick said that his group is supportive of protecting the water quality of the Crystal River and that the board plans to submit comments to the Army Corps.
“The place, to me, looks to be a mess, and they need to have a plan before they are allowed to operate,” Emerick said, referring to the state of the new channel.
Creek diversion and diesel spill
In the fall of 2018, CSQ diverted a 1,500-foot section of Yule Creek from its natural channel on the west side of Franklin Ridge, a rock outcropping, to the east side of the ridge so it could build an access road. Operators piled the streambed with fill material, including marble blocks.
Although this move probably spared Yule Creek the impacts of a diesel spill last October, it was done without the proper permits or oversight, according to the Army Corps. CSQ was fined $18,600 by the state Division of Reclamation, Mining and Safety for the 5,500-gallon diesel spill.
Under Section 404 of the Clean Water Act, a project requires a permit from the Army Corps if it includes the discharge of dredged or fill materials into waters such as rivers, streams or wetlands. CSQ did not initially obtain a permit because company officials believed the work was exempt, citing the temporary nature of the access road and creek diversion.
Army Corp officials disagreed and determined the lack of a permit was a violation of the Clean Water Act.
CSQ now plans to submit a permit application next week, according to company spokesperson Lisa Sigler. The application will include alternative alignments for Yule Creek, including leaving the creek in the new channel or rerouting it back to the natural channel. At the Army Corps’ request, the application will include a biological assessment, cultural-resource survey and aquatic-resource delineation, Sigler wrote in an email.
The mine, known locally as the Yule Quarry, is owned by Italian company Red Graniti and employs 30 to 40 people. CSQ says there are enough marble reserves contained in its six galleries to continue mining at the current rate for more than 100 years. The quarry has supplied the pure white marble for renowned monuments such as the Lincoln Memorial, the Colorado Capitol building and the Tomb of the Unknown Soldier.
The creek diversion and access-road construction came after the quarry was granted a permit by DRMS in 2016 for a 114-acre expansion for a total of 124 permitted acres in the Yule Creek drainage.
Healthy Rivers concerns
Although the quarry sits in Gunnison County, about 3 miles up County Road 3 from the town of Marble, the relocation of the stream could have downstream impacts in Pitkin County. Yule Creek flows into the Crystal River, which flows through Pitkin County before it joins the Roaring Fork River in Carbondale.
Members of the Pitkin County Healthy Rivers board have said they support water-quality monitoring, especially regarding turbidity, or water clarity.
“We are concerned about sedimentation and water-quality impacts on the Crystal down in Pitkin County,” said Andre Wille, chair of the Healthy Rivers board. “We try to think on a watershed basis, so we don’t just focus on county lines.”
Heavy equipment in the streambed could kick up sediment, which is then suspended in the stream’s flow, Wille said.
“More concerning is probably the way those sediments then settle down and fill in the spaces in the gravel and in the rocks and smother insects,” he said. “If they are spawning, it smothers eggs of trout and fish, so it really kind of wrecks the habitat.”
CSQ general manager Daniele Treves said in a prepared statement that the quarry already has a water monitoring program at three locations on Yule Creek and has installed groundwater monitoring wells related to the diesel spill. The marble blocks placed in the new stream channel are intended to create step pools that encourage fine sediment to settle, he said.
“CSQ’s diversion of the Yule Creek simply redirected a portion of the creek from its then-present western channel to a historical channel approximately 200 feet to the east,” Treves said.
A video by Redstone resident and longtime local Maciej Mrotek shows how the area looked in May 2018, before the diversion, when Yule Creek was on the west side of Franklin Ridge. Drone footage from this past May shows the creek now running on the east side of the ridge in a channel filled with cut marble chunks and a road on the west side of the ridge where the creek used to be.
Mrotek, who said he has fond memories of playing in the area as a child, said the change was devastating.
“I took it very personally when I saw that, because I think it could have been handled in a much better way,” he said. “My goal is not to stop the mining. My goal is simply to channel the future activity of this mine in a positive fashion with a lot more oversight and respect.”
Aspen Journalism is a local, nonprofit, investigative news organization covering water and rivers in collaboration with The Aspen Times and other Swift Communications newspapers. This story ran in the Sept. 28 edition of The Aspen Times.