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/~~~.,~ <br />c~ ~6/ <br /> United States Forest <br />Department of Service Pike and San Isabel <br />National Forests Salida Ranger District <br />325 W. Rainbow Blvd. <br />USDA Agriculture Cimarron and Comanche Salida, CO 81201 <br /> National Grasslands (719) 539-3591 <br /> Fax (719) 539-3593 <br /> www. fs.ted.us/r2/psicc <br /> !'~ File Code: <br />~s t? 2800 <br /> 1 <br />Date: January 29, 2007 <br />~olorado Marble, Inc. <br />ATTN: Bill Addison, President <br />224 Industrial Park Rd. N.E. <br />Cartersville, GA 30121 <br />Dear Mr. Addison, <br />~AN 312007 <br />D(vlslon at ttgC( nr~oQlon, <br />Mining and Snfoty <br />This letter is meant to assist Colorado Marble, Inc. with completing the state of Colorado <br />Division of Reclamation, Mining & Safety (CDRM&S) requirements related to identifying all <br />locations to be in luded within the Lidy Mine Affected Land Area for successful conversion of <br />permit number~l9-87-028 into a Regular (112) Operation Reclamation Permit. Recently, Ken <br />Klco, your company's Geological Consultant and my Minerals Administrator, Chris Welker, met <br />to discuss some road construction/realignment activities that are planned to take place on <br />privately owned land within the Lily Mine area in an effort to separate the Taylor Gulch drainage <br />from a portion of the National Forest System Road (NFSR) 228. <br />It is my understanding, that during the discussion, Mr. Welker explained to Ken that all road- <br />related upkeep and maintenance activities incidental to mining that occur on National Farest <br />System (NPS) lands are authorized through your company's recently obtained FLPMA road <br />permit (SAL378). Although the Forest Service claims 100% of the upkeep/maintenance <br />responsibility on the NFSR228 road over public lands, the agency has no jurisdiction over road <br />related actions that private landowners hope to perform on privately owned land, in so long as <br />reasonable access to adjacent public lands is maintained in a safe and acceptable manner for the <br />agency and public. <br />However, that being said, I encourage you and your company to work closely with the <br />CDRM&S in utilizing state of Colorado Best Management Practices (BMPs) in road and trail <br />construction activities related to any potential realignment of the NFSR228 road over private <br />land. Although relocating the portion of the NFSR228 road that crosses through Taylor Gulch <br />onto "higher ground" would be a good thing for water quality improvement within the mine <br />area, many new road construction and engineering measures will need to be considered before <br />undertaking such a project. Please keep this office appraised concerning any new developments <br />or recommendations the CDMR&S might make pertaining to any potential realignment of the <br />NFSR228 road. <br />In addition to the inclusion of the NFSR228 road as part of the Lily Mine Affected Land Area, it <br />is my understanding that Colorado Marble, Inc. hopes to also identify the recently obtained <br />unpatented Lily Mill Site Claim CMC#256338 as a potential staging area for haul trucks to pull <br />out on during bttsier seasons of the year to allow for road congestion mitigation (e.g. later <br />summer months characterized by a higher than normal "Jeeping" and off-road use). Although I <br />agree to allow the company to use the unpatented mill site claim as a "pullout" to mitigate for <br />Caring for the Land and Serving People Printed on Recycled Paper ~~ <br />