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HomeMy WebLinkAboutSurface Mining Letters, Memos 2000-2009 - PLN General - 1/4/2000 JAN 0 7 2000 v WASH I NGTON STATE DEPARTMENT OF MASON CO.PLANNING DEPT. Natural Resources Comm ER M.BofPubl Commissioner of Public Lands January 4, 2000 Jeff Hartman 4 Corporate Plaza, Suite 215 Newport Beach, CA 92660 SUBJECT: Reclamation Permit No. 70-012066; Belfair Sand & Gravel Dear Mr. Hartman; I received the Certificate of Reinstatement that you sent me. The certificate, issued by the Secretary of State Office, shows that Belfair Sand and Gravel, Inc. is once again a legal corporation. For your information, when I checked the registration information contained in the web site for Secretary of State Office, Walter Goit was still shown as the registered agent. I also noted that the license expires June 30, 2000. I also received a copy of the letter to Mr. Borden of Mason County providing the names of the consultants you have chosen to work on the Environmental Impact Statement. Thank you. As we discussed some time ago, I would like to arrange a meeting with you to discuss the revised reclamation plan. I would like to meet as soon as possible. Please let me know when you will be up this way and able to meet. You may wish to include your consultant(s), Mr. Borden, Mr. Shearer, and Mr. Leber in our meeting so that we all have an understanding of what is needed to revise the plan and the process of approval. You may wish to pass on to your consultant(s)my September 21, 1999 letter assessing the draft plan as submitted in 1998. Additionally, I visited the site on November 12, 1999. I walked over the entire disturbed area and thus, I consider that visit to be an inspection. Inclosed is a copy of your annual report submitted in 1999. The visit occurred during a fairly significant precipitation event so I was able to get a good feel for the runoff conditions and water control system. Realizing that the issue of runoff has been ongoing and problematic for many years, as a new-comer, I will briefly pass on what I observed, what my concerns are, and some suggestions to help. At the end of my visit I discussed these same things with Mr. Leber. 1 CENTRAL REGION 1 1405 RUSH RD 1 CHEHALIS 1 WA 98532-8763 FAX:(360)748-2387 1 TTY:(360)740-6841 1 TEL:(360) 748-2383 7 1e Equal Opportunity/Affirmative Action Employer RECYCLED PAPER 6�i Jeff Hartman January 4, 2000 Page 2 I observed that previous operations disturbed a significant amount of ground that is no longer being utilized in the current operation, runoff is mostly precipitation that cannot percolate because of impervious surfaces, springs are contributing to the runoff, runoff exceeded the retention capacity of the control system, most of the runoff was being directed to the southwest discharge point, the lower pond was near overtopping, and that the slope above Mr. Nediero's property has suffered severe erosion. My concerns are that, without good planning, continued mining may result in even more impervious surfaces resulting in even more runoff, the lower pond is subject to over flowing and the berm subject to breach if the pump fails, the slope above Mr. Mediero's property needs stabilized, erosion from runoff may jeopardize reclamation, and adequate runoff control at reclamation will be difficult to achieve without careful planning. My suggestions are to establish adequate interim reclamation in disturbed area not involved in the current operations, keep mining confined to a discrete area, mine such that segmental reclamation can occur, know the character of the material to be mined so that runoff potential and controls can be anticipated as mining progresses, have a backup pump system for the lower pond in case of electric pump failure, and design a realistic control system for reclamation. I realize that Mr. Leber is dealing with a site that was poorly managed in the past and I acknowledge that he has made improvements. After my discussions with him, I believe he is on the right track and that he will continue to improve the conditions. Because Mr. Leber understands the constraints of mining operations, has knowledge of the site and its runoff conditions and has a metal picture of how mining should progress, it is imperative that the consultant(s) confer with him as they develop the drainage and reclamation plans. Our goal is to have a realistic, doable plan and the mine operator must have input. Should you, Mr. Shearer, Mr. Leber, or your consultant(s) have any questions, please do not hesitate to call me. And again, please contact me regarding setting an appointment for a meeting. I can be reached at (360)740-6805. Sincerely, . ' 1 Steph E. Zurenko Geologist/Reclamation Specialist enclosures SZ/cor c: Allen Shearer, Shearer Sand & Gravel Bill Leber, Shearer Sand& Gravel Allen Borden, Mason County, Dept. Of Community Development Mary Ann Shawver, Div. of Geology i MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Mason County Bldg. 1 411 N.5th IRE I P.O.Box 279 Shelton,WA 98584 (360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 Mr.Bill Leber Belfair Sand and Gravel NE 2493 Old Belfair Highway Belfair,WA 98528 RE: SEPA checklist and MEP application for asphalt plant Dear Mr.Leber: Mason County Planning staff has received your application for a Mason Environmental Permit(MEP)and the associated State Environmental Policy Act(SEPA)checklist. There appears to be a discrepancy regarding the scope of the project to be reviewed under SEPA.Your SEPA checklist and MEP application reference only to the asphalt plant and its emplacement at the gravel mine. However,at a meeting between Mason County Planning staff;Carol Serdar,Washington Department of Natural Resource(WDNR) Geologist,and yourself,held on September 5,2002,it was decided that SEPA review would encompass the entire proposal subject to Mason County jurisdiction,including the revised reclamation plan for the gravel mine. WDNR has asked Mason County to be SEPA lead for the entire proposal. The gravel mine is subject to the same permit requirements and SEPA review as the asphalt plant. It must be included in the responses on the SEPA checklist. Responses should address all current and future conditions on the mine site,including the emplacement of the asphalt plant. Your checklist and MEP application are being returned along with your check for$368.00. Please note also that the correct amount for the SEPA and MEP processing is$360.00(SEPA,$200.00+MEP$160.00). If you have questions or require clarification on these issues,please contact me. Respe�ctf`dly, Richard A.Mraz Senior Planner,Department of Community Development CC: Mason County Board of County of Commissioners Ron Henrickson,County Administrator c,Planning Manager, Manner, Caroler ,ar, January 7, 2002 Arlene Hyatt Mason County Department of Health Services Environmental Health P.O. Box 1666 Shelton, Washington 98584 Richard Medeiros NE2481 Old Belfair Highway Belfair, Washington 98528 Re: Diverted drainage from contaminated mine site. Dear Arlene Hyatt, Before I mention my complaint that I filed today Jtuivary 7, 2002, with Nancy, I would like to remind you of my previous complaint filed on December 4, 2001, also with Nancy. My complaint on December 01 was done by phone, as it was done today. On December 4'h, complaint, Allen Shearer Sand and Gravel, LLC, pumped the 10,000 gallon, located west of the office trailer. The tank consist of 10,000 gallons of wood waste leachate from the lower level as well as the upper levels consisting of over 100,000 yards, septic waste, from the many families who have lived at the site, and run-off, and other waste. On December 0, beginning first thing in the morning, Hemley's Excavating and Backhoe Services, phone number(360) 853-2800, began pumping the 10,000 gallon tank into their tanker truck, taking it over to the lower settling pond and unloading the tanker truck into the lower pond. This was done most of the day. Although pumping of the 10,000 gallon tank has been a practice with Mason County approval, this was the first time the entire 10,000 gallons was disposed of into the lower settling pond all at one time. In the past it was common practice to pump the under-ground tank a little at a time. Today, January 7, 2002, diverted turbid drainage coming from Allen Shearer Sand and Gravel, entered my property flooding the front, north side, rear, and brought with it mud, silt, and contaminated waste at a very high volume. (plioto's and video's available) Several of my buildings continue to be damaged from the diverted run-off, and are beyond repair, Because we are in litigation, 1 recommend a copy be forwarded to your attorney. Si , Richard Medeiros Cc: Randy Lour Attorney Cc: Gary Yando M.C.D.C.D. i.. ii�. If , 5 fi� zyr .F 1 x x AV A11 'i t � `J _ # , .fie 3 g, •H �' � < Y, .> 3.� MASON COUNTY -11 DEPARTMENT OF HEALTH 5ERVICE5 uk -kw January 14, 2002 PO BOX 1666 SHELTON, WA 98584 SHELTON (360)427-9670 FAX (360) 427-7798 Richard Medeiros ELMA (360) 482-5269 NE 2481 Old Belfair Highway BELFAIR (360) 275-4467 Belfair, WA 98528 SEATTLE (206)464-6968 RE: Diverted drainage from contaminated mine site. Dear Mr. Medeiros, 0 I received your letter dated January 7, 2001 today. I also reviewed the County's legal file on the Belfair Sand and Gravel site. In your letter, you indicate that the 10, 000-gallon stormwater run-off holding tank was pumped and unloaded into the lower pond. You also allege that this tank contains woodwaste leachate, septic waste and run-off. The legal file indicates that there is a 1,000-gallon septic tank on the premises that, according to our records, hasn't been used since 1995. The only portion of your letter that would be considered a solid waste concern would be the woodwaste leachate. The county closed that woodwaste landfill without requiring a groundwater-monitoring program. At this point, we have no indication that one is necessary and according to our records the landfill was closed appropriately for that tune. I am forwarding your letter to the county planning enforcement department to address those issues that do not involve solid waste. If you have any questions or concerns, feel free to contact me at (360) 427-9670 ext. 555. Sincerely, r Arlene Hyatt Environmental Health Specialist o f 33:'J }n1' - } ) i'. } n kAte' TM � January 22, 2002 Arlene Hyattr Mason County Department of Health Services Post Office Box 1666 Shelton, Washington 98584 Richard Medeiros NE2481 Old Belfair Highway Belfair, Washington 98528 Re: Wood Waste Dear Arlene Hyatt As you know,or should know, we are in litigation, and this letter should pas to the prosecuting attorney. This letter is to file a complaint, concerning wood waste brought onto the Allen Shearer Sand and Gravel, L.LC. t have documented three loads of wood chips brought onto the mine site and deposited at the very top of the site. The trucks bringing in the wood chips are Allen Shearer Trucking, and Puget Sound Wood Products. The dates are Tanuwy 181h, at 9:20am, January 19`'', at 12:25pm, and January 22, 2002, at 2:08pm. This is only three of at least 10 large truck loads that has been brought to the site for disposal in the past two weeks. Yoii should be aware that wood waste has not bee aloud n the mine site since 1993. Sincerely, LLP Richard Medeiro Cc- Randy Loun (Attorney) he ,fp; r a syK ti. r h fl _ - Vi%7 r �{ Tyr I � y { i r s s �' �. r , a}' X< {,"'^ l w} a '�. t. ,Y r x Ir { g ;- s +,�:".- Y' t.; `F.V I 'b}z�...r, a>w° .,a" 1„' ��..rsa `� + �¢ar': 5 � s�. �,.x.�,:>..��k: ,.. �d^,' r 41r Y": MASON COUNTY DEPARTMENT OF HEALTH SERVICES January 28, 2002 PO BOX 1666 SHELTON, WA 98584 5HELTON (360)427-9670 Richard Medeiros FAX (360)427-7798 NE 2481 Old Belfair Highway ELMA (360)482-5269 13elfair, WA 98528 SELFAIP (360)275-4467 SEATTLE (206)464-6968 RE: Your letter dated January 22,2002 regarding woodwaste at Shearer Sand and Gravel Mr. Medeiros, 1 performed a site inspection at Shearer Sand and Gravel on January 28, 2002. At the site, 1 spoke with Mr. Bill Leber regarding your complaint. I discovered one pile of sawdust of approximately 20 yards. In the same area, I found a pile of mixed sawdust and sand. I asked Mr. Leber about the sawdust and he indicated that the sawdust is being mixed with sand from the site to fill an order for the soil amendment. Sawdust is often used as a soil stabilizer and bulking agent. Mr. Leber indicated that the final product is being shipped out daily to its final destination. He stated that he expects to finish the job within the next two weeks. I asked that Mr. Leber notify me when the job is finished. Based on what I observed during my investigation,the Shearer Sand and Gravel site is working well within the scope of their operation and I see no reason for the Health Department to be involved further in this matter. On a side note, Mr. Leber indicated that during excavation of the site they found a large amount of buried woodwaste from past owners of the site. He stated that they removed the woodwaste that they found and used it in their landscape supply business. If you have any questions feel free to contact me at (360)427-9670 ext. 555. Sincerely, Arlene a Y 4a-Z Environmental Health Specialist sr uI ?aa n 3. a ALLEN SHEARER TRUCKING & LANDSCAPE SUPPLY INC. P.O. BOX 789 BELFAIR, WASHINGTON 96528 (360) 275-3465 FAX (360) 275-0907 Fi e sa �ke,,I Au /ems Z-. r , CC fiUGS lc scr n w s t d f r aiii", to i s a.. n xto RECEIVED August 23, 2004 AUG 2 5i 2004 MCCD - PLANNING Richard Medeiros NE2481 Old Belfair Highway Belfair, Washington 98528 Allen Borden Mason County Department of Community Development 411 5th Ave. Shelton, Washington 98584 Re: Belfair Sand and Gravel, Inc. Reclamation Plan Dear Mr. Borden I have learned that there is a report that Mr. Jeffrey A. Hartman is closing the pit within the next 30 days, at NE2493 Old Belfair Highway, Belfair. If this is correct please be aware there is at least 50, 000 plus yards of buried wood waste, superfund waste (650 yards plus) , tires (5000 plus) , buried in several locations throughout the mine site, numerous appliances, construction debris, demolition waste, asphalt, concrete, and a underground 10, 000 gallon contaminated tank. I hope you are going to insure these items, and all the other debris stored on the property are removed to an approved permitted site for disposal. S ' rely Richard Medeiros cc: Randy Loun cc: Department of Ecology cc: Department of Natural Resources cc: Olympic Region Clean Air Agency cc: Mason County Department of Health Services cc: Mason County Department of Community Development cc: Mason County Deputy Prosecutor cc: Timothy R. Gosselin Burgess Fitzer, P. S. August 27, 2004 COPY Richard Medeiros RECEIVED NE2481 Old Belfair Highway Belfair, Washington 98528 AUG 31 2004 Carol Serdar South Puget Sound Region 426 W: CEDAR STe 950 Farman Ave. N. Enumclaw, Washington 98022-9282 Re: Belfair Sand and Gravel, Inc. Reclamation Plan Dear Carol Serdar This letter is to inform you of what is taking place at the Belfair Sand and Gravel, Inc. mine site, located at 2493 Old Belfair Highway, Belfair, Washington. Today, between 10: 00am and 11: OOam, I observed machinery taking wood waste from the lower area of the mine site and bringing the wood waste to the mid-level of the mine site, to be used in the reclamation scheme. Once again, I would like to inform you that in 1995, a court order from the Pollution Control Hearings Board, ordered Belfair Sand and Gravel to obtain a wood waste (solid waste) permit. In 1995 and 1996, Mason County Department of Health Services, ordered the removal of all the wood waste above and below the ground, and taken to a approved permitted disposable site. This order was ignored, and no enforcement was taken, by Mason County Department of Health Services. Only removal of the wood waste was approx. 30 to 40 loads, taken to the operators other site for screening and sold to the public. The remaining wood waste (approx. 70, 000 yards) still remain on the mine site. This wood waste is now being used as part of the reclamation scheme. f advise of your intentions on this serious situation. S' e r e 1 y Richard Me Biros cc: Randy Loun cc: Department of Ecology (John Pearch) cc: Mason County Department of Health (Rose Swier) cc: Mason County Community Development (Allen Borden) cc: Mason County Community Development (Rick Mraz) September 21, 2004 C(OPY Richard Medeiros NE2481 Old Belfair Highway Belfair, Washington 98528 Mason County Department of Health Services Post Office Box 1666 Shelton, Washington 98584 Re: Woodwaste / Solid Waste / Underground Storage Tank To Whom it may concern: I would like to start this letter, saying that I talked to Rose Swier, from Mason County Department of Health Services (MCDHS) , and she suggested that I write this letter to the main department before going to her. It appears reclamation of the Belfair mine site has begun, and must meet the reclamation requirements. The current reclamation plan is a 1988 plan, and must comply with the standards for that plan. Note: everything listed in this letter was not at the mine site in 1988, and must be removed to a proper and or permitted disposable site. There are three issues that must be addressed. The first being woodwaste. On September 13, 2004, I observed woodwaste being loaded on a Allen Shearer truck from the lower level, up to the mid-level, being used for reclamation. This activity went on through most of the day. (see attached photo' s 13 total on CD) On September 14, 2004, I observed two loader moving woodwaste from the lower section of the mine site up to the mid-level. This activity went from early morning to early afternoon. (see attached photo' s 8 total on CD) On September 15, 2004, I observed an excavator at the lower section of the mine site digging up woodwaste for sale and reclamation. (see attached photo' s 5 total on CD) On September 16, 2004, I observed a loader bring woodwaste from the lower level to the mid-level of the mine site and unloaded. On September 17, 2004, I observed a loader bring woodwaste from the lower level to the mid-level of the mine site and unloaded. COPY In the past few weeks woodwaste has been trucked out of the site by Allen Shearer Trucking and may have been sold to the public. No testing of the woodwaste on the mine site property has ever been done. Is the woodwaste contaminated? The use of the woodwaste is a violation of the MCDHS order dated May 10, 1994, page 4, item 2, of the order. (see attached copy NOTICE AN ORDER) . The use of the woodwaste is a violation of the POLLUTION CONTROL HEARINGS BOARD ORDER, dated May 31, 1995. FINAL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER. On page 14, the board required a permit for the woodwaste, because it is a solid waste and requires a permit. If no permit can be issued the removal of the woodwaste to a permitted site is required. (see attached copy) On June 20, 1995, from MCDHS, to Belfair Sand and Gravel, Inc. a letter along with a application for a wood waste permit application was issued to Belfair Sand and Gravel, Inc. Because of the Pollution Control Hearings Board decision, Belfair Sand and Gravel, Inc. was required to obtain a solid waste permit. An application was completed and denied by MCDHS, and an order was issued for the removal of the woodwaste. Your records will show the NOTICE AND ORDER issued by Dan Watts. A copy can be supplied upon request. CONCLUSION OF THE WOODWASTE: The woodwaste as ordered by law, must be removed from the mine site and brought to a permitted site for disposal. The use and sale of the woodwaste is a violation and the laws, rules, and regulations and must be enforced. The legislators created these laws for the protection of the people of this state, and hands down the responsibility to state and local government for enforcement. Without enforcement there are no rules. The people of this state require the enforcement of laws, so that the people are protected from law breakers. TIRES: I have also showed you in photo' s where over 5, 000 tires are located, and have caused the ground to become unstable, causing erosion onto my property and others. I can supply you a copy at your expense if requested. DEMOLITION WASTE: I have also showed you in photo' s were the demolition waste is buried. NOTICE AND ORDER for the removal of all demolition waste above and below the ground order dated July 7, 1995 is attached. (see attached copy) COPY UNDERGROUND STORAGE TANK! The underground storage tank was issued a permit for the purpose of collecting leachate from the woodwaste pile, later the tank was used for a septic tank, later on for the purpose of collecting storm water drainage. This tank has and continues to overflow onto my property during any medium or heavy rain fall. This tank from time to time is pumped into the lower settling pond and this pond is not capable of containing water of any kind, as it over flows with any rain event, even a drizzle. CONSTRUCTION DEBRIS: I have showed you photo' s of the locations of the burial of the construction debris. This construction debris is buried throughout the mine site without any permits, and has caused the ground to be unstable and has caused erosion to take place onto my property. SUPERFUND WASTE: As you know, superfund waste was brought onto the mine site for disposal and buried around the lower settling pond. The superfund waste not only was disposed of at the mine site without a permit, it also is deposited onto Allen Hoovers property some 35 feet, with the approval of the Department of Health and the Department of Natural Resources. SLOPES: The slopes adjacent to my property on the mine site, are very unstable and have eroded and deposited thousands of yards of dirt onto my property. The reason the slope is unstable is because over 650 truck loads of dirt were brought into the mine site as disposed of in the south mid-level of the mine site adjacent to my property, buried with woodwaste, septic tanks, construction and demolition waste, tires, etc. A visit to the site and a inspection of the southern slope of the site will verify my statement. FOREST PRACTICES: As you are aware of, Jeffrey Hartman, land owner, has declared the property where the mine site is located NE2493 Old Belfair Highway, designated forest. This designation has been on the record for many years. The mine site has been in violation of the statue pertaining to Forest Practice, since it began. Mason County refused to take designation off the records. Now that C(DPY reclamation has stared, how is Mason County and the Department of Natural Resources going to deal the this issue? The woodwaste issue above will continue on a daily basis, and I will continue to take photo' s for my records. The tires, construction and demolition waste, superfund waste, asphalt, septic tank disposal is already a matter of record. Although I understand the above is a very serious situation, and requires the state and local governments enforcement, it is the state and local government that has allowed the situation to go on for many of years without enforcement. Now this serious situation must be addressed. In closing, I am requesting a response to this letter. I am requesting how your department or other departments are going to deal with this serious situation. If any of the above is not with in your jurisdiction, please past this letter to the proper department. n r ly Richard Medeiros cc: Randy Loun (Attorney) cc: DNR (Dave Norman) ) cc: DNR (Carol Serdar) cc: MCCD (Allen Borden cc: MCCD (Rick Mraz) cc: DOE (John Pearch) cc: Mason County Attorney Timothy R. Gosselin Burgess Fitzer, P.S. RECEIVED October 21, 2004 OCT 2 5 2004 Richard Medeiros MCCD - PLANNING NE2481 Old Belfair Highway MNG Belfair, Washington 98528 Carol Serdar Department of Natural Resources C(OPY 1111 Washington St SE MS 47007 Olympia, Washington 98504-7007 Fax: (360) 9021785 Re: Reclamation Plan Dear Carol This is a follow up letter. In the past letters I viewed my concerns about the Belfair Sand and Gravel, Inc. reclamation plan. The reclamation plan concerns me, because, I am affected by the results. Because of the past and continuous operation, I am losing my home and property because of the mine operations continuous water run-off onto my property. What I have observed in the past several weeks, is an attempt to comply with the Department of Ecology order. Many items need to be addressed to complete the reclamation scheme, and none of them have begun, for example: Removal of the 10, 000 gallon tank, reclaim the south mid-level of the mine property that has deposited hundreds and hundreds of material from erosion, reconstruct the lower settling pond because it encroaches some 35 feet onto the adjacent property, remove all tires, remove superfund waste, remove all woodwaste, and most of all reclaim the mine property to the current reclamation plan dated 1988, as required by law. Please advise on your intentions of the above matter. Hard copy to follow. Si erely Richard Medeiros cc: Randy Loun cc: D.O.E. cc: M.C. D.C. D. November 23, 2004 C(DPY Richard Medeiros RECEIVED NE2481 Old Belfair Highway Belfair, Washington 98528 NOV 2 9 2004 Department of Natural Resources 426 W. CEDAR ST; 1111 Washington St SE Post Office Box 47000 Olympia, Washington 98504-7000 Re: reclamation Dear Carol Thank you for your quick response to my letter. I apologize for my late response, as I just returned from vacation. I have a few more issues that I feel is very important to my families well being and the community. First, the superfund waste that was deposited on the mine site in 1995, and still remains to this day. The waste was used to build a berm around the lower settling pond, and was done without first obtaining a permit from Mason County. Mason County allowed the disposal of the superfund waste, and now I believe that this issue falls into the reclamation scheme. I believe the superfund waste must be removed and brought to a permitted site for disposal. This waste does not comply with the current 1988 reclamation plan. Second, the woodwaste that has been deposited on the mine site of a total of over 100, 000 yards. This woodwaste was allowed by Mason County to be buried throughout the mine site in several locations. One of the main locations is the south property of the mine site that is adjacent to my property at the south mid- level of the mine site property. This has caused erosion to take place, causing hundreds of yards of debris to come onto my property. This will continue unless this area is reclaimed. This area consist of over 650 truck loads of dirt, brought to this area of the mine site for disposal. While disposing the material on the mine site, tires, concrete, woodwaste, asphalt, septic tanks, and other materials were buried with the dirt. This area is very unstable, and requires reclamation. This area and deposits does not comply with the current 1988 reclamation COPY plan. Please note a court order was issued in 1995, for the Belfair Sand and Gravel, Inc. to obtain a permit for the woodwaste stockpiled on the mine site. Mason County refused to issue a permit, and ordered the removal of all the woodwaste above and below the ground to be taken to a permitted site approved for woodwaste. No permit was ever issued and the majority of the woodwaste remains on the mine site. Mason County Department of Health, refused to enforce the court order, and allowed the solid waste (woodwaste) to remain on site. This is a danger and a environmental problem and must be addressed. Third, the drainage problem at the mine site. Because the site has been disturbed far more than it should have, drainage enters my property on a continuous basis. This happens each and every time it rains. This happens each and every year, and I don' t think this winter will be an exception. I feel that the above does not comply with the 1988 reclamation plan, and I hope that enforcement will continue for the protection of all concerned. Please reply to this letter, thank you. Sincerely Richard Medeiros cc: Randy Loun cc: Allen Borden MCDCD cc: Rick Mraz MCDCD cc: Rose Swier MCDHS cc: John Pearch DOE COPY January 17, 2006 Department of Ecology Southwest Regional Office C D Water Quality Program, Permit Coordinator pc C G1v P.O. Box 47775 [:G �006 Olympia, Wa. 98504-7775 1 9 1-800-833-6388 t�aN a26 w'CEpp,R 5� Richard Medeiros NE2481 Old Belfair Highway Belfair, Wa. 98528 Re: Surface Mining Run-off Dear Mr. Morrison First, if this letter is not within your ability to enforce, please direct this letter to the proper person. Second, this letter is address to all agency' s that is involved in enforcing the laws rules and regulations pertaining to surface mining. This complaint letter concerns Belfair Sand and Gravel, Inc. (BSG) (UBI number 601 471 415) , and Allen Shearer Sand and Gravel, LLC. (ASSG) , (UBI number 601 916 325) At this day in time millions of gallons of water are entering my property daily. Come see for yourself. I am going to try to be brief, and I will get into more detail in future letters until compliance and enforcement is achieved. My complaint letter concerns run-off and what comes with the run- off, and concerns the destruction of my home and property. I am aware that a permit to discharge wastewater to waters of the state exist, and the waste waters include groundwater as well as surface water. What I have never been aware of, is the agency' s approval of the destruction of adjacent properties from the discharge waters to state waters. Proof of this would be to visit the BSG and ASSG mine site and adjacent properties and view the destruction that has been allow to be done through none enforcement of surface C(OPY mining. Please note, I have been receiving the run around for years now, and in the process, I have lost my home and property. all I get, is each agency passing the buck. It' s always not my jurisdiction. While the buck is being passed the mine operation continues to operate and destroying my property. Flooding has occurred year after year, and continues to this day. We must first look at the current operation and reclamation plan. It states, all water must remain on the mine site, including rain water. The above mine site has for years without enforcement been allowed to discharge water from the mine site that is contaminated. Contamination comes from wood waste stockpiles on the mine site that on two occasions have been required to be removed from the mine site to a permitted site. This was required by Mason County Health Department . Mason County never enforced any of it' s own regulations and wood waste continues to remain on the site. This is a matter of record. If you would like copies I would be happy to supply them for who ever needs them. Now, the 10, 000 gallon tank buried on the mine site by the office. DNR, informs me on several occasions that the tank must be removed. After months of giving me the run around, they are now saying, it' s not within the jurisdiction of DNR, but DOE. This is one buck that continuously gets passed around with no enforcement . Then we have a culvert that directs drainage onto my property and caused years of flooding and damage. This culvert was installed on January of 1990, and remains on the mine site to this day. Many letters from DNR, state this culvert in order to exist, requires an easement from me. No easement was ever issued, and no enforcement allows the illegal culvert to remain and cause damage to my property for 16 years . Then we have the Superfund waste. This waste was slated to go to a permitted site. This was required by the Navy. BSG, received the superfund waste and deposited the waste in and around the lower settling pond. This pond deposits water onto my property like a river. Is this Superfund waste contaminated. Just like the wood waste no one has check to find out. I assure you the BSG mine site is contaminated. All the agency' s C(DPY have to do is check for themselves . They refused to do any checking in the past, and I believe the agency' s won' t do any to check them now. I can' t get my property back, the agency' s have allowed the mine site to go on far to long without enforcement . Maybe now something can be done to prevent future destruction? Damage is not getting better only worse. I am looking forward to each agency' s reply. Sincerely Richard Medeiros cc: DNR: Dave Norman cc: Mason County Health Department/Allen Borden/Rick Mraz cc: Randy Loun, Attorney