Local governments and environmental groups don’t think a proposal submitted by a mining company goes far enough to restore the damage done when the company diverted a section of creek near Marble, and they are asking the U.S. Army Corps of Engineers to hold a public hearing to address various concerns.

They also say the company, which was found to have violated the Clean Water Act for moving the section of Yule Creek without first applying for a permit, should undertake river restoration projects elsewhere in the Crystal River basin as compensatory mitigation for damage the company caused when it moved the waterway to construct a road to better access its marble quarry.

The quarry site and Yule Creek are in Gunnison County, but the creek is a tributary of the Crystal River, which flows through Pitkin County.

In separate comments submitted to the Army Corps, Pitkin and Gunnison counties, the Crystal River Caucus, the Roaring Fork Conservancy and the Crystal Valley Environmental Protection Association (CVEPA) are asking for monitoring, restoration, mitigation and a chance for the public to weigh in about the situation at the Pride of America Mine above the town of Marble.

“I think this is an activity of significant interest for those living in the Crystal River Valley,” said Pitkin County Assistant Attorney Laura Makar.

In its comment letter, CVEPA requested that the Army Corps hold a public hearing in the Crystal River Valley to “allow impacted residents a meaningful opportunity to engage in this decision-making process, and to better understand the situation that has transpired in our local watershed.”

In the fall of 2018, mine operator Colorado Stone Quarries (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 a road. Operators piled the streambed with 97,000 cubic yards of fill material, including marble blocks.

In March, the Army Corps determined that these actions, which were done without the proper permit, violated the Clean Water Act. CSQ is now retroactively applying for that permit, known as a 404 individual permit. 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 and wetlands.

In its permit application, CSQ proposed making the creek relocation permanent by leaving it where it is on the east side of the ridge. The company says this is the most efficient and environmentally sound option, and it results in the closest return to pre-diversion stream conditions. But that analysis doesn’t sit well with some local groups.

The Crystal River Caucus, which represents Pitkin County residents downstream of the site, said in its comment letter that the company’s proposed solution focuses too much on practicability above environmental factors.

“CSQ’s illegal activities have severely reduced, if not eliminated, many viable alternatives which could have been considered if the mining company had complied with the state and federal laws intended to regulate its activities,” the caucus wrote in its comment letter. “CSQ should not be rewarded for its violation of those laws.”

These marble blocks stamped with quarry owner’s name, Red Graniti, and operator’s initials, CSQ, line the banks of the Crystal River near the company’s load-out area in the town of Marble. The U.S. Army Corps of Engineers is considering whether to issue the operator a retroactive permit to allow it to move a stream. Credit: Heather Sackett/Aspen Journalism
These marble blocks stamped with quarry owner’s name, Red Graniti, and operator’s initials, CSQ, line the banks of the Crystal River near the company’s load-out area in the town of Marble. The U.S. Army Corps of Engineers is considering whether to issue the operator a retroactive permit to allow it to move a stream. Credit: Heather Sackett/Aspen Journalism

Mitigation projects

In its comment letter, Pitkin County said CSQ has not demonstrated that it has a plan that eliminates its detrimental impacts. In addition to a public hearing, the county wants the mining company to restore the riparian habitat, conduct water-quality monitoring at multiple sites in the basin and compensate for any damage by doing restoration projects in other areas.

Pitkin County and the Healthy Rivers board identified eight projects that could provide compensatory mitigation in the Crystal River basin, including restoration of Filoha Meadows streambanks, Thompson Creek riparian restoration and Crystal River streambank stabilization.

“These projects could provide the following types of benefits to the watershed: riparian zone improvement, floodplain connectivity, erosion control, habitat for aquatic life and water quantity increase,” the letter reads.

The Basalt-based Roaring Fork Conservancy, in its letter, said it is interested in assisting with developing and implementing a long-term water-quality monitoring plan. According to the conservancy’s 2016 Crystal River Management Plan, the areas near Marble were some of the most ecologically intact prior to the recent mining activity on Yule Creek.

“RFC strongly encourages the applicant to undertake significant efforts, through a qualified and independent organization(s) to design and implement restoration projects and related long-term monitoring to restore the necessary and lasting ecological function in this severely impacted reach of Yule Creek,” the letter reads.

Yule Creek can be seen from a small viewing area at the entrance to the Pride of America Mine, three miles up County Road 3C from the town of Marble. The creek now flows on the east side of Franklin Ridge because mine operators moved it without a permit from the U.S. Army Corps of Engineers. Credit: Heather Sackett/Aspen Journalism

Next steps

In a prepared statement, CSQ said it is awaiting guidance from the Army Corps on next steps in the process.

“Once CSQ has received all of the public comments and the Corps’ response, it will review all of this information and consider the best course of action,” said CSQ senior consultant Katie Todt, who is with Lewicki & Associates.

The Army Corps will now decide whether to issue a permit after the fact — an unusual situation. CSQ did not submit any compensatory mitigation plans as part of its application, but the Army Corps could require them if it determines that CSQ can’t minimize all its impacts.

“The applicant is currently considering various options to conduct compensatory mitigation, if needed,” says the Army Corps’ public notice of the application from October. “Discussions thus far have included wetland enhancement and preservation near the confluence of Yule Creek and the Crystal River in effort to improve water quality within the watershed, among other options that seek to improve the ecological function of the Yule Creek watershed. CSQ is amenable to receiving information related to additional compensatory mitigation options.”

According to its public notice, the Army Corps says it will use the public comments received to prepare an environmental assessment of CSQ’s activities.

The public comment period closed Dec. 16, a deadline that had been extended by a month at the request of the Crystal River Caucus. According to Susan Nall, chief of the Colorado West Section of the Army Corps, it is the Army Corps’ goal to issue a decision on a permit within 120 days after receiving the application.

The Pride of America Mine, known locally as the Yule Quarry, is owned by Italy-based Red Graniti. The quarry has been the source of marble for many well-known monuments, including the Lincoln Memorial, the Tomb of the Unknown Soldier and the Colorado Capitol building. In 2016, the state Division of Reclamation, Mining and Safety granted the quarry a permit for a 114-acre expansion for a total of 124 permitted acres. CSQ officials say there is enough marble in its quarries to continue mining at the current rate for more than 100 years.

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 Dec. 21 edition of The Aspen Times.