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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2009-023 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND BOARD ORDER <br />IN THE MATTER OF COLORADO STONE QUARRIES, INC., NOTICE OF POSSIBLE <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL <br />PENALTIES FOR FAILURE TO MINIMIZE DISTURBANCE TO THE PREVAILING <br />HYDROLOGICAL BALANCE, File No. M-1999-058 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 12, 2009 in Denver, Colorado for a hearing to consider a possible violation, cease <br />and desist order, corrective actions and civil penalties for disturbances to the prevailing <br />hydrological balance within the affected lands and the surrounding area. The file number is <br />M-1999-058. Ronda Sandquist, Esq., Kristi Livedalen, Esq., Gary Bascom, and Dennis <br />Doucet, appeared on behalf of Colorado Stone Quarries, Inc. ("Operator"). Russ Means and <br />Assistant Attorney General Jeff Fugate appeared on behalf of the Division of Reclamation, <br />Mining and Safety ("Division") <br />The Board, having considered the parties' presentations and testimony and having <br />been otherwise fully informed of the facts in the matter, hereby enters the following findings <br />of fact, conclusions of law and order: <br />FINDINGS OF FACT <br />1. The site at issue here is the Yule Marble Quarry. The permit area is 6.7 acres <br />and is located in Section 1, Township 12 South, Range 88 West, 6th Principal Meridian, in <br />Gunnison County, Colorado. The Operator holds a Section 110c construction materials <br />reclamation permit for the site, permit number M-1999-058. Marble is quarried from the <br />underground quarry operation. The site is located approximately three miles southeast of the <br />town of Marble, and above the Yule Creek. <br />2. The Division conducted an inspection of the site on May 26, 2009 in response <br />to a complaint from adjacent landowners. On May 21, 2009, the Division received a <br />complaint from Steve and Kim McIntyre regarding offsite damage to their land from the <br />activities at the site. The McIntyres own land east of the site'. The site is accessed by an <br />' The McIntyre's complaint concerned debris that had been pushed off of the edge of the site access road during <br />winter snow removal activities and fell down the steep bank damaging a tourist trail beneath. The access road is not <br />part of the Operator's permit area and snow removal is not considered a mining operation. Therefore, the damage to <br />Colorado Stone Quarries, Inc. <br />Yule Marble Quarry <br />M-1999-058 <br />MV- 2009-023