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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF COLORADO MARBLE, LLC'S POSSIBLE NOTICE OF <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL <br />PENALTIES FOR FAILING TO MINIMIZE DISTURBANCES TO THE HYDROLOGIC <br />BALANCE OF THE AFFECTED LAND, FILE NUMBER M-1987-028 <br />THIS MATTER came before the Mined Land Reclamation Boattl ("Board") on <br />December 15, 2004, in Denver, Colorado for a hearing to consider a possible notice of <br />violation, cease and desist order, cor"rective actions and civil penalties for failing to <br />minimize disturbances to the hydrologic balance of the affected land. The file number in <br />this matter is M-1987-028. Bill Addison appeazed on behalf of Colorado Mazble, LLC <br />("Operator"). Erica Crosby appeazed on behalf of the Division of Minerals and Geology <br />("Division"). <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />The Operator received a Section 110 Construction Materials Permit on March 18, 1988 <br />and has extracted marble from a site located in Section 22, Township 50 North, Range 6 <br />East, 6`h Prime Meridian, Chaffee County, Colorado. The site is known as the Lily Mines <br />site and is permitted for 9 acres. <br />2. The Division inspected the site on September 28, 2004. The Division inspector observed <br />that the Operator placed a waste pile approximately 3 acres in size in a portion of Taylor <br />Gulch. The waste pile and its placement are not addressed in the approved mining and <br />reclamation plan. <br />