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t/V ~o l~leti.. o~ ~ gam ~N~- ~'~~ ~~-~ CONSTRUCTION MATERIALS EXTRACTION OR EXPLORATION OPERATION Presentation Form GENERAL INFORMATION Inspection Date: October 4, 2005 File No.: M-1987-028 Permittee; Colorado Marble, L.L.C. Operator: Same Existing Bond: $282,000.00 Method of Mining: Surface Permit Type: 110c Permitted Acres: 9 acres Commodity: Marble County: Chaffee Adequate?: YES Specialist: Carl Mount NATURE OF VIOLATION(S) (Describe the activity) Measurements on site indicated that approximately .75 acres has been disturbed above and to the west of the largest and lowest pit area by tree clearing, access road building and blasting activities. Tn addition, the waste dump has been extended to the south and trees have been cleared below the access road and to the west of the waste dump in apparent preparation for extending the dump to the west. SERIOUSNESS Administrative, describe - None Onsite damage, describe - A portion of the waste pile has been extended to the south. The water control berm at the top of the pile face was not maintained allowing water to run off the face and erode the pile. Offsite damage, describe - Access road construction and mining has occurred further to the west and outside the previously disturbed area. Trees have been cut down below the county access road in apparent preparation for extension ofthe waste pile. Health or safety hazard, describe - Highwalls still are not adequately benched and present a safety hazard STATUTE(S) VIOLATED AND DESCRIPTION Failure to follow the Boazd Order relating to MV-2005-009 issued on January 21, 2005. The Boazd Order for MV-2005- 009, issued January 21, 2005, specifically states, in part: • "The Boazd hereby orders the Operator to cease all mining or reclamation operations outside of the permitted area until the Operator obtains approval of a Section 112 Extraction Permit for the entire site within 180 days of the date this Order is mailed to the Operator."