ENFORCE28213

• Permit No: M1987028
• IBM Index Class Name: Enforcement
• Doc Date: 10/14/2004
• Doc Name: Notice of PV Topsoil
• From: DMG
• To: Colorado Marble LLC
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OE MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
October 14, 2004
Mr. Bill R. Addison
Colorado Mazble, L.L.C.
15960 E. Cherokee Drive
Ball Ground, GA 30107
RE: Lily Mines; Permit No. M-1987-028
Notice of Possible Violation; Topsoil
Deaz Mr. Addison,
COLORADO
DIVISION O F
MIN SRALS
GEOLOGY
REC IANATION•N INING
SAFETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Tnstee
On September 28, 2004 the Division ofMinerals and Geology conducted a routine inspection of the Lily
Mines, Permit No. M-1987-028 and found the following:
The operator committed to salvaging topsoil and replacing the material to a 4" to 6"depth upon
reclamation of the site and placing the material in stockpiles. The pem3it states, "...there
should be sufficient topsoil to cover pit floors 4-6" andbenches 1'+/-." The Division could find
no evidence that any topsoil has been salvaged and stockpiled. In particulaz, it was observed
that topsoil was mixed in with overburden material and placed in various waste piles. Topsoil
was also not salvaged in and azound the highwall, and the material was falling into the pit.
Failure to properly salvage and store topsoil is a violation of 34-32.5-116(4)(g) which requires
that topsoil be removed and segregated from other spoil and preserved from wind and water
erosion, remains free of contamination and is in a useable condition for sustaining vegetation
when restored during reclamation.
Based on the inspection, the Division believes the operator is in possible violation of the Colorado Land
Reclamation Act for the Extraction of Construction Materials Rules and Regulations, specifically:
• C.R.S. 34-32.5-116(4)(g) and Rule 3.1.9(1) for failure to properly salvage and segregate topsoil
from other spoil and preserve the topsoil from wind and water erosion, remain free of
contamination and is in a useable condition for sustaining vegetation when restored during
reclamation.
The Division will schedule this matter before the Mined Land Reclamation Boazd.
A Formal Public Hearing will be held during the November 17-18, 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 November 17`s or beginning at 9:00 a.m. on November 18`", or as
soon thereafter on each of those days or as soon thereafter as the matter can be considered. At that healing
you will have the opportunity to be represented and heard. It will be reiterated that there is reason to
believe Lhat you aze in violation of the provisions noted above.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey