2004-11-08_ENFORCEMENT - M1987028 ‎(5)‎

• 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
~5~
RE: Lily Mines; Permit No. M-1987-028 '
---- ---- -- - Noticc-of Possible--Violation H droin~ e Balance ;::: ~~~~a~,
, y g 't ~~ -~:P ~ IG~G`l
Dear Mr. Addison,
COLORADO
DIVISION O F
MIN SRALS
GEOLOGY
RECLAMATION•MINING
SAFETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
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:
A waste pile has been placed in a portion of Taylor Gulch. The waste pile is approximately 3
acres in size and 60 feet high (based on data collected by the GPS). The waste pile and
placement within Taylor Gulch was not addressed in the approved mining and reclamation plan.
Placement of the waste pile in Taylor Gulch and use of the gulch to collect waste fines maybe a
violation of C.R.S. 34-32.5.116(4)(h) and Rule 3.1.6 which states that disturbances to the
hydrologic balance of the affected land and of the surrounding area and to the quantity or
quality of water in surface and groundwater systems both duing and after the mining shall be
minimized.
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)(h) and Rule 3.1.6 for failure to minimize disturbance to the hydrologic
balance of the affected land and of the surrounding area and to the quantity or quality of water in
surface and groundwater systems both during and after the mining.
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 17t" or beginning at 9:00 a:m: on November 18t", 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 aiid 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, assess a Civil Penalty
in the amount of $100.00 to $1,000.00 for each day of the violation. If you have evidence indicating that
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey