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~. <br /> <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF COLORADO MARBLE, LLC'S POSSIBLE NOTICE OF <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTION AND CIVIL <br />PENALTIES FOR MINING WITHOUT A PERMIT, FILE NUMBER M-1987-028 <br />THIS MATTER came before the Mined Land Reclamation Boazd ("Board") on <br />December 15, 2004, in Denver, Colorado for a hearing to consider a possible notice of <br />violation, cease and desist order, corrective actions and civil penalties for mining without a <br />permit. The file number in this matter is M-1987-028. Bill Addison appeared on behalf of <br />Colorado Marble, LLC ("Operator"). Erica Crosby appeared on behalf of the Division of <br />Minerals and Geology ("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 />law and order: <br />The Operator received a Section 110 Construction Materials Permit on March 18, 1988 <br />and has extracted marble 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. The Division inspected the site on September 28, 2004. The Division inspector observed <br />that mining-related disturbances were evident outside the boundaries of the Operator's <br />permit. Specifically, the Division inspector conducted a GPS survey and determined that <br />there were approximate]y 1 ] acres of disturbed ground outside the permit boundaries <br />where mining, processing, stockpiles and haulage roads were observed. The Division <br />