2004-11-08_ENFORCEMENT - M1987028 ‎(2)‎

• Permit No: M1987028
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 11/8/2004
• Doc Name: Returned Mail
• From: DMG
• To: Colorado Marble
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources ~,,.
~ 5
1313 Sherman St., Room 215 C O L O RA D O
Denver, Colorado 80203 DIVISION O F
RAL S
MIN
Phone: [phone] E
FAX: [phone] G E O L O G Y
RECLAMATION•MINING

October 14, 2004 SAFETY•SCIENCE
Bill Owens ,
Mr. Bill R. Addison Governor
Colorado Marble, L.L.C. Russell George
15960 E. Cherokee Drive Executive Director
GA 30107
Ball Ground Ronald w. cottony
, Division Director
Natural Resource Trustee
RE: Lily Mines; Permit No. M-1987-028
- Notice of Possible Violation; Mining & Reclamation Plan - ~~~ r~(,{/~C~ ~`1GLl I t'1 l ~~ t~.
Dear Mr. Addison,
On September 28, 2004 the Division of Minerals and Geology conducted a routine inspection of the Lily
Mines, Permit No. M-1987-028 and found the following:
The operator was not mining in according with the approved mining and reclamation plan. In
particular, the permit states that the pit will ultimately be mined to a depth of 40 feet, whereas the pit
has been mined to a depth of 350 feet. In addition, the approved mining and reclamation plan states
that waste rock and fines will be placed against toe of the highwall to slope pit to drain and for
contouring. However, it was noted during the inspection that a large waste pile has been constructed
along the bottom portion of the pit within Taylor Gulch. The waste pile consists of fines and
overburden material and is approximately 3 acres in size.
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 Rules and Regulations, specifically:
• C.R.S. 34-32.5-116(1) for failure to follow the approved mining and reclamation plan.
The Division will schedule this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the November 17-18, 2004 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 November 17th or beginning at 9:00 a.m. on November 18th, 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 heard. 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 and assess a Civil
Penalty in the amount of $100.00 to $1000.00 for each day of violation. If you have evidence indicating
that the possible violations noted above do not exist or have been corrected, please provide it to us as
soon as possible or bring it to the hearing.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey