ENFORCE21375

• Permit No: M1987028
• IBM Index Class Name: Enforcement
• Doc Date: 10/29/2004
• Doc Name: RTB Ltr.- Mining & Reclamation Plan
• From: DMG
• To: Colorado Marble L.L.C.
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7313 Sherman St., Room 275
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
October 29, 2004 ~
Mr. Bill R. Addison ~
Colorado Marble, L.L.C.
229 Industrial Park Rd.
Cartersville, GA 30121
J
RE: Lily Mines; Permit No. M-1987-028
Notice of Possible Violation; Mining & Reclamation Plan /
Deaz Mr. Addison,
COLORADO
DIVISION O F
MINERALS
GEOLOGY
RFCFAMATION•MINING
SAFETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cottony
Division DireROr
Natural Resource Trustee
On September 28, 2004 the Division ofMinerals and Geology conducted a routine inspection ofthe Lily
Mines, Permit No. M-1987-028 and found the following:
The operator was not mining in according with the approved .mining and reclamation plan. In
particular, the permit states that the pit will ultimately be mined to a depth of 40 feet, whereas the pit
has been mined to a depth of 130 feet. In addition, the approved reining and reclamation plan states
that waste rock and fines will be placed against toe of the highwall to slope pit to drain and for
contouring. However, it was noted during the inspection that a large waste pile has been constructed
along the bottom portion of the pit within Taylor Gulch. The: waste pile consists of fines and
overburden material and is approximately 3 acres in size.
Based on the inspection, the Division believes the operator is in possible violation of the Colorado Land
Reclamation Act for the Extraction of Construction Materials Rule<., and Regulations, specifically:
• C.R.S. 34-32.5-116(1) for failure to follow the approved mil3ing and reclamation plan.
The Division will schedule this matter before the Mined Land Recllunation Boazd.
A Formal Public Hearing will be held during the December 14-15, 2(104 Boazd meeting for consideration
of the possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver,
Colorado, beginning at 10:00 a.m. on December 14a' or beginning at 9:00 a.m. on December 15a', or as
soon thereafter on each of those days or as soon thereafter as the matter can be considered. At that hearing
you will have the opportunity to be represented and heazd. It will be reiterated that there is reason to
believe that you are in violation of the provisions noted above.
If the Boazd finds a violation at this hearing, it may issue a Cease and Desist Order and assess a Civil
Penalty in the amount of $100.00 to $1000.00 for each day of violation. If you have evidence indicating
that the possible violations noted above do not exist or have been corrected, please provide it to us as
soon as possible or bring it to the hearing.
Office of Office of Colorado
Mined Land Reclamation Active and InaRive Mines Geolo¢i<al Survev