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<br />on(. L Lw.~ <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO ~ ~n:r-.Is ~ ^-r~ryt <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 CNIL <br />PENALTIES FOR FAILING TO FOLLOW THE APPROVED MINING AND <br />RECLAMATION PLAN, FILE NUMBER M-1987-028 {/ <br />THIS MATTER came before the Mined Land Reclamation Board ("Boazd") on <br />December 15, 2004, in Denver, Colorado for a hearing to consider a possible notice of <br />violation, cease and desist order, corrective actions and civil penalties for failing to follow <br />the approved mining and reclamation plan. The file number in this matter is M-1987-028. <br />Bill Addison appeazed on behalf of Colorado Marble, LLC ("Operator"). Erica Crosby <br />appeazed on behalf of the Division of Minerals and Geology ("Division"). <br />The Boazd, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following fmdings of fact, conclusions of <br />law and order: <br />The Operator received a Section 110 Construction Materials Permit on Mazch 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 was not mining in accordance with the approved mining and reclamation <br />plan. The pit had been mined to a depth of approximately 130 feet when the permit stated <br />that mining would take place to a depth of 40 feet. A lazge waste pile consisting of fines <br />and overburden materials and extending over 3 acres has been constructed within Taylor <br />