2004-11-08_ENFORCEMENT - M1987028 ‎(4)‎

• 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
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
October 14, 2004
Mr. Bill R. Addison
Colorado Marble, L.L.C.
15960 E. Cherokee Drive
Ball Ground, GA 30107
COLORADO
DIVISION O F
MINERALS
GEOLOGY
RECLAMATION•MINING
SAFETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Lily Mines; Permit No. M-1987-028 ~j^., a ,f~ ~ ~~ r1 f I~(.~}~
- - - -~ ' -~ Notice of Possible Violation; Topsail -- t ~ 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 committed to salvaging topsoil and replacing the material to a 4" to 6" depth upon
reclamation of the site and placing the material in stockpiles. The permit states, "...there
should be sufficient topsoil to cover pit floors 4-6" and benches 1'+/-." The Division could find
no evidence that any topsoil has been salvaged and stockpiled. In particular, it was observed
that topsoil was mixed in with overburden material and placed in various waste piles. Topsoil
was also not salvaged in and around the highwall, and the material was falling into the pit.
Failure to properly salvage and store topsoil is a violation of 34-32.5-116(4)(g) which requires
that topsoil be removed and segregated from other spoil and preserved from wind and water
erosion, remains free of contamination and is in a useable condition for sustaining vegetation
when restored during reclamation.
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(4)(g) and Rule 3.1.9(1) for failure to properly salvage and segregate topsoil
from other spoil and preserve the topsoil from wind and water erosion, remain free of
contamination and is in a useable condition for sustaining vegetation when restored during
reclamation.
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.
Office of Colorado
Office of Geological Survey
Mined Land Reclamation Active and Inactive Mines