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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832106 <br />February 6, 2006 <br />Don Reimer <br />Chaffee County; Planning Zoning Department <br />P.O. Box 699 <br />Salida, CO 81201 <br />RE: Colorado Marble LLC, Lily Mines, Permit No. M-1987-028 <br />Conversion Application O1 (CN-O1); Chaffee County Letter of Objection <br />Dear Mr. Reimer, <br />COLORADO <br />D I V I S I O N O F <br />MINERALS <br />GEOLOGY <br />0.EC LA MAT ION•N INING <br />SAf ETY•SCIENCE <br />Bill Owens <br />Gavemar <br />Russell George <br />Executive Direcor <br />Ronald W. Canany <br />Division Director <br />Natural Resource Trustee <br />On January 23, 2006 Chaffee County filed a letter of objection to the Division for the Lily Mines 112 Conversion <br />Application (CN-O1) submitted by Colorado Marble LLC, Permit No. M-1987-028. The letter was forwarded to <br />Colorado Marble LLC for their consideration. <br />The Division considers your letter a formal objection to the CN-O1 application. Attached is a Citizen Guide that <br />explains the 112-objection process. If you wish to withdraw your objection, you may do so in writing at any time <br />prior to the date that the application will be scheduled before the Mined Land Reclamation Board (MLRB). <br />Please be aware that the Division is unable to grant your request to include a condition to the permit that requires <br />the operator to obtain Chaffee County Land Use approval prior to the beginning of any operations or issuance of the <br />DMG permit. The operator, Colorado Marble LLC, is responsible for assuring the mining operation and the <br />postmining ]and use comply with county land use regulations and are subject to zoning and land use authority and <br />regulation as provided by law. Rule 6.4.13 of the Construction Materials Rules and Regulations requires that the <br />operator only provide a statement identifying which permits, licenses and approvals which are held or will be <br />sought in order to conduct the proposed mining and reclamation operations, including city zoning and land use <br />permits. Colorado Marble has identified that a Chaffee County Conditional Use Permit Amendment will be sought. <br />However, 34-32.5-115(4)(d) requires that the proposed mining and reclamation operation to be in compliance with <br />other laws or regulations of the state of the United States, including all federal, state and local permits, licenses and <br />approvals as applicable to the specific operation. I£Colorado Marble LLC is currently in violation of any other <br />federal, state, or local laws it shall be grounds to deny the permit. <br />If you have any questions, please do not hesitate to call me at 303-866-4943. <br />Sincerely, <br />~ ~_>;, <br />Erica Crosby <br />Environment 1 Protectio 'ecialist <br />Enclosure- Citizen Guide to the 112 Process <br />cc: Carl Mount; DMG <br />Bill Addison; Colorado Marble, Inc. w/enclosure <br />Bob Holloway; Monarch Mountain Marble Company w/enclosure <br />Kenneth S. Klco; Azurite, Inc. w/enclosure <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />