ENFORCE28094

• Permit No: M1987028
• IBM Index Class Name: Enforcement
• Doc Date: 10/29/2004
• Doc Name: RTB Ltr-Mining Outside of Permit Area
• From: DMG
• To: Colorado Marble L.L.C.
• Media Type: D
• Archive: No

5TA7'E OF COLORADO
~
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7313 Sherman St., Room 275 C O L D RA D O
Denver, Colorado 80203 D I V I S I O N O F
Phone: [phone] ~ MIN & A L $
FAX: [phone]
GEOLOGY

October 29, 2004 / 0.EC LAM ATION•NINING
SAFETY•SCIENCE
Bill Owens
Mr. Bill R. Addison ~ eovemor
Colorado Marble, L.L.C. R~ssen George
229 hldnstrial Pazk Rd. Executive Director
CartersvLlle, GA 30121 Ronald W. Canany

/ Division Director
N
l R
T

RE: Lily Mines; Permit No. M-1987-028 atura
esource
rustee
Notice of Possible Violation; Mining Outside of Permit 7~rea
Dear Mr. Addison,
On September 28, 2004 the Division of Minerals and Geology conducted a routine inspection of the Lily
Mines, Permit No. M-1987-028 and found the following:
A 110 Construction Materials Permit was issued on Mazch 18, 19813 for a total of 9 acres. The affected
area was surveyed with a Trimble GeoXT Global Positioning System (GPS) to determine the affected
area. Based on the data collected, approximately 20 acres has been .affected. Therefore, approximately
11 acres have been disturbed outside of the present permit boundaries of Permit No. M-1987-028.
Based on the data collected, the Division believes the operator is in possible violation of the Colorado
Land Reclamation Act for the Extraction of Construction Materials :[Zules and Regulations, specifically:
C.R.S. 34-32.5-116(4)(1) for failure to protect azeas outside; of the affected land from slides or
damage during the mining and reclamation operations, OR
C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit prior to engaging in a new
mining operation.
The Division will schedule this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the December 14-15, 2004 Board meeting for consideration
of the possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver,
Colorado, beginning at 10:00 a.m. on December 14a' or beginning a.t 9:00 a.m. on December 15s', or as
soon thereafter on each of those days or as soon thereafter as the mall er can be considered. At that hearirig
you will have the opportunity to be represented and heazd. It will be reiterated that there is reason to
believe that you are in violation of the provisions noted above.
If the Boazd finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty
in the amount of $100 to $1000 (for affecting the area outside the permit azea) OR $1000 to $5000 (for
operating without a permit) for each day of violation. If you have evidence indicating that the possible
violations noted above do not exist or have been corrected, please provide it to us as soon as possible or
bring it to the hearing.
Office of Office of Colorado
Mined I and Reclamation Arrive and Inactive Mines Geolo¢ical survey