ENFORCE30711

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

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
137 3 Sherman St., Room 215 C O L O RA D O
Denver, Colorado 80203 D I v I S 7 o N o f
Phone: [phone] t~l 1 N S RRA L $
FAX: [phone] G E O L O G 1'

October 29, 2004 / 0.ECLAMATION•NINING
SAfETY•5<IENCE

Mr. Blll R. AddlSOn
/ Bill Owens
Covemor
~,
Colorado Marble, L.L.I.: Russell George
229 Industrial Pazk Rd. execGtive Direc[Gr
Cartersville, GA 30121 Ronald W. Cattany

~ Division Director
Nacuml Resource Trustee
RE: Lily Mines; Permit No. M-1987-028
Notice of Possible Violation; Topsoil
Deaz 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:
The operator committed to salvaging topsoil and replacing the material to a 4" to 6"depth upon
reclamafion of the site and placing the material in stockpiles. The permit states, "...there
should be sufficient topsoil to cover pit floors 4-6" and benl;hes 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 around 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 December 14-15, 2004 Boazd meeting for consideration
of the possible violations. The hearing will be held in Room 318 I>f 1313 Sherman Street, Denver,
Colorado, beginning at 10:00 a.m. on December 14`" or beg3mLing at 9:00 a.m. on December 15a`, or as
soon thereafter on each of those days or as soon thereafter as the matter can be considered. At that hearing
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.
Office of
Mined l and Rnrlamatinn
Office of
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Colorado