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<br />i.. <br />~ JA{~ 2 ~ t~~5 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO .:: ~: i...: ; .;...:.r t , , :r; , <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 SALVAGE AND PROPERLY STORE TOPSOIL, FILE <br />NUMBERM-1987-028 / <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") 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 salvage <br />and properly store topsoil. The file number in this matter is M-1987-028. Bill Addison <br />appeared on behalf of Colorado Marble, LLC ("Operator"). Erica Crosby appeaed on <br />behalf of the Division of Minerals and Geology ("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 noted that <br />permit conditions required the Operator to salvage topsoil, stockpile it and place it to a <br />depth of 4 to 6 inches on the pit floors and I foot on benches. The Division inspector <br />found no evidence that any topsoil had been salvaged and stockpiled. Topsoil was <br />observed mixed in with overburden material and placed in various waste piles. Topsoil <br />