ENFORCE30691

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

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1373 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; Wildlife
Dear Mr. Addison,
COLORADO
DIVISION OF
MINERALS
GEOLOGY
REC LAMATION•MIN ING
SAFETY•ECIENCE
Bill Owens
Govemar
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On October 5, 2004 the Division of Minerals and Geology conducted an aerial inspection of the Lily
Mines, Permit No. M-1987-028 and found the following:
When the permit was issued on March 18, 1988, a stipulation was placed on the permit.
Stipulation No. 1 states that "Operations will only occur between the months of June to
Member." The stipulation was placed on the permit due to comments from the Colorado
Division of Wildlife (DOW) which states that the mine site is located in winter range for both
deer and elk and operation during the winter months would seriously impact both species. The
DOW recommended that the all mining take place during the summer months (June through
September). Based on the aerial photographs of October 5, 2004, it appears that the operator
was present on site conducting mining activity. A number of pieces of equipment were noted
such as two dump trucks, one loader and one excavator. These were the same pieces of
equipment that were noted during the Division's inspection of September 28, 2004.
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 Regulafions, specifically:
C.R.S. 34-32.5-116(1) of the Colorado Land Reclamation Act for the Extraction of
Construction Materials for failure to perform the reclamation prescribed by the mining and
reclamation plan. Specifically for not complying with Stipulation No. 1 for operations to
only occur between the months of June to September. In addition, a possible violation of
Rule 3.1.8 for failure to take into account the safety and protection ofwildlife on the mine
site with special attention given to critical periods in the life cycle of the species which
requires special consideration as specified by the DOW.
The Division will schedule this matter before the Mined Land Reclamation Board.
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 17a' or beginning at 9:00 a.m. on November 18t1i, or as
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey