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ern. ~ r : M_! C fas5 ~ ~G""~" My ~-: ~Oes~°j+°-'O+ (-'.n»+ ;MLR µ~ fie, T„ Cole BEFORE THE MINED LAND RECLAMATION $OARD peH ttes STATE OF COLORADO ~~c ~~ ~ ~ / ~ ~ 6 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER e Ll',G (gay c', v ,1 IN THE MATTER OF A POSSIBLE MODIFICATION OF PRIOR BOARD ORDERS CONCERNING COLORADO MARBLE, LLC, FILE NUMBER M-1987-028 THIS MATTER came before the Mined Land Reclamation Boazd ("Boazd") on February 16, 2006, in Denver, Colorado for a hearing to consider the request of the Division of Minerals and Geology ("Division") for an order modifying prior Board orders concerning Colorado Mazble, LLC ("Operator"). The file number in this matter is M-1987-028. Bob Holloway and Kenneth Klco appeazed on behalf of the Operator. Cazl Mount appeared on behalf of the Division. The Board, having considered the parties' presentations and having been otherwise fully informed of the facts in this matter, hereby enters the following findings of fact, conclusions of law and order: 1. The Operator received a Section 110 Construction Materials Permit on Mazch 18, 1988 and has extracted marble from a site located in Section 22, Township 50 North, Range 6 East, 6`h Prime Meridian, Chaffee County, Colorado. The site is known as the Lily Mines site and is permitted for 9 acres. 2. As the result of Division inspections of the site on September 28, 2004, the Board held a hearing on December 15, 2004 and found the Operator in violation of the Mined Land Reclamation Act, Section 34-32-101 et seq., C.R.S. (2005) ("Act"). Specifically, the Board found violations for conducting mining operations outside the approved permit boundaries (MV-2005-009), failure to minimize hydrologic impacts to the hydrologic balance (MV- 2005-010), and failure to salvage and segregate topsoil (MV-2005-011). In four separate Colo. Marble Feb. 06 III, M-1987-028