ENFORCE36979

• Permit No: M1987028
• IBM Index Class Name: Enforcement
• Doc Date: 4/6/2006
• Doc Name: Board Order
• From: MLRB
• To: Colorado Marble LLC
• Media Type: D
• Archive: No

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BEFORE THE MINED LAND RECLAMATION BOARD t~,(t•2~0(P
STATE OF COLORADO
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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 ("Board") 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 Boazd 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:
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 lrnown 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 Boazd
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. Mazble Feb. 06 III, M-1987-OZS