ENFORCE26017

• Permit No: M1987028
• IBM Index Class Name: Enforcement
• Doc Date: 2/16/2006
• Doc Name: Presentation Form-withdrawal of possible violation
• From: DMG
• To: File
• Media Type: D
• Archive: No

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CONSTRUCTION MATERIALS EXTRACTION
OR EXPLORATION OPERATION
Presentation Form
GENERAL INFORMATION
htspection Date: Not applicable
File No.: M-1987-028
Permittee: Colorado Marble, L.L.C.
Operator: Same
Existing Bond: $282,000.00
Method of Mining: Surface
Permit Type: 1 l Oc
Permitted Acres: 9 acres
Commodity: Marble
County: Chaffee
Adequate?: YES
Specialist: Carl Mount
REASON FOR HEARING
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Actions taken by the Division and Colorado Marble, L.L.C. since original issuance of Notices of Violation
MV-2005-009, MV-2005-010, and MV-2005-011 may have made the continued Possible Violation that is the subject
of this hearing not necessary, This possible violation hearing has been continued since the December 15, 2004 Board
Hearing.
HISTORY OF BOARD ACTIONS
December 15, 2004 -Violations found and Boazd Orders issued:
• MV-2005-009 for mining outside the permit area; corrective actions included:
o Cease mining and reclamation operations outside the permitted azea until obtaining 112 approval
0 112 approval must be obtained within 180 days of mailing date of the Board Order
o Civil Penalties of $50,000.00 with all but $10,000.00 suspended upon timely completion of actions
• MV-2005-010 for failure to minimize hydrologic balance disturbance; corrective actions included:
o Design and construct sediment containment structure and drainage channel for Taylor Gulch
o Designs must be included in the 112 application
o Designs must be approved within 180 days of mailing date of the Boazd Order
o Civil Penalties of $5,000.00 with all but $1,000.00 suspended upon timely completion of actions
• MV-2005-011 for failure to salvage and properly store topsoil; corrective actions included:
o Cease failing to salvage topsoil and segregate all topsoil that may still exist on site and properly store such
o Include topsoil salvage plans and alternative source in the 112 application
o Get 112 approval within 180 days of the mailing date of the Boazd Order
o Civil Penalties of $1,000.00 with all but $100.00 suspended upon timely completion of actions
• Possible Violation for failure to follow the approved mining and reclamation plan continued for 180 days
June 9 and 13, 2005:
Operator submits temporary sediment control plan on June 9, 2005
Division reviews plan and suggests changes
Operator submits changes to temporary sediment control plan on June 13, 2005