ENFORCE37585

• Permit No: M1987028
• IBM Index Class Name: Enforcement
• Doc Date: 1/12/2006
• Doc Name: RTB Ltr.- Erosion and Sediment Control
• 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
1313 Sherman St, Room 215 C O L O RA D O
Denver, CO(02do 80203
Phone: [phone] DIVISION O F
M I N ~RA L S
FN(: (303) 832At06 G E O L O G Y
RECLANATION•NININra
fAFETY•f CIENCE
Jarmary 12, 2006
Bill Owens

Mr. Bill R. Addison Governor

Colorado Mazble, L.L.C. Russell George
FaeMive Dilactor
229 Industrial Park Rd. go„ald yy, cata„y
Cartersville, GA 30121 oivifion Dilectw
~~
RE: Lily Mines; Permit No. M-1987-fi28 Natural Resource Trustee
Notice of Possible Violation; Erosion and Sediment Control
Dear Mr. Addison:
On October 4, 2006 the Division of Minerals and Geology conducted a routine inspection of the Lily
Mines, Permit No. M-1987-028 and found the following:
While extending the waste dump to the south, boulders were rolled down the dump face and overrode the
silt fence at the bottom. At the same time, the berm at the top of the dump face was not maintained as
required by the temporary sediment control plan initiated at the operator's request to lessen sedimentation
to Taylor Gulch. A rainstorm eroded fines in the waste rock dump down off the face and over the silt
fence and at least 600 feet down a drainage west of Taylor Gulch.
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, the Rules and Regulations, and the
temporary erosion control plan, specifically:
C.R.S. 34-32.5-116(4)(1) and (j), Rules 3.1.5(3) and the temporary sediment control plan for
failure to protect areas outside of the affected land from damage occurring during the mining
operation, failure to stabilize and protect all surface areas so as to effectively control erosion, and
failure to maintain the required silt fencing around and the water control berm at the top of the
waste pile.
The Division will schedule this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the February 15-16, 2006 Board meeting for consideration
of the possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver,
Colorado, beginning at 10:00 a.m. on February 15's or beginning at 9:00 a.m. on February 16s', 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.
If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty
in the amount of $100.00 to $1,000,00 for each day of the violation, suspend, modify or revoke the
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey