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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Pew.;r1 M- 987-oz <br />Glass ~~-`'".~"'~ <br />M t! la-: A+13 co5a°`~~ o ro, a t! <br />F.n~ M ~R Roo,-aP <br />Tv c Colo lu~bler LLG <br />D~ N nee : 6eo~ o.,-dte~ - Pa y t ~ V ~ ~ <br />fley, t-ieS <br />s~~l ~4 ~ ~ r t cQ,~ <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF A POSSIBLE MODIFICATION OF PRIOR BOARD ORDERS <br />CONCERNING COLORADO MARBLE, LLC, FILE NUMBER M-1987-028 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on <br />February 16, 2006, in Denver, Colorado for a hearing to consider the request of the Division <br />of Minerals and Geology ("Division") for an order modifying prior Board orders concerning <br />Colorado Mazble, LLC ("Operator"). The file number in this matter is M-1987-028. Bob <br />Holloway and Kenneth Klco appeared on behalf of the Operator. Cazl Mount appeared on <br />behalf of the Division. <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />]aw and order: <br />1. The Operator received a Section 110 Construction Materials Permit on Mazch 18, 1988 <br />and has extracted mazble from a site located in Section 22, Township 50 North, Range 6 <br />East, 6`h Prime Meridian, Chaffee County, Colorado. The site is known as the Lily Mines <br />site and is permitted for 9 acres. <br />2. As the result of Division inspections of the site on September 28, 2004, the Board held a <br />hearing on December 15, 2004 and found the Operator in violation of the Mined Land <br />Reclamation Act, Section 34-32-101 et seg., C.R.S. (2005) ("Act"). Specifically, the Boazd <br />found violations for conducting mining operations outside the approved permit boundaries <br />(MV-2005-009), failure to minimize hydrologic impacts to the hydrologic balance (MV- <br />2005-010), and failure to salvage and segregate topsoil (MV-2005-011). In four separate <br />Colo. Marble Feb. 06 III, M-1987-028 <br />