ENFORCE20529

• Permit No: M1987028
• IBM Index Class Name: Enforcement
• Doc Date: 10/29/2004
• Doc Name: RTB Ltr-Hydrologic Balance
• From: DMG
• To: Colorado Marble L.L.C.
• Media Type: D
• Archive: No

5TAT1~ ~-
OF COLORADO
DIVISION OF MINERALS AND GEOLOGY .~
Department of Natural Resources
1313 Sherman St., Room 215 C O L O RA D O
Denver, Colorado 60203 D 1 v 1 S 1 o N O F
Phone: [phone] MINERAL S
FAX: [phone]
GEOLOGY
~
October 29, 2004 0.EC LANATION•NINING
SAf ETY•SCIEN<E

Mr. Blll R. AddlsOn ~ Bill Owens
Governor
Colorado Marble, L.L.C. Russell eeorge
229 Industrial Pazk Rd. Executive Director
Cartersville, GA 30121 Ronald W. Catrany
Division Director
RE: Lily Mines; Permit No. M-1987-028 ~ / Na[ural Resource Trustee
Notice of Possible Violation; Hydrologic Balance
Dear Mr. Addison,
On September 28, 2004 the Division ofMinerals and Geology conducted a routine inspection ofthe 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 reclamafion plan.
Placement ofthe waste pile in Taylor Gulch and use ofthe €ulch to collect waste fines maybe a
violation of C.R.S. 34-32.5116(4)(h) and Rule 3.1.6 which states that disturbances to the
hydrologic balance of the affected land and of the surrolmding area and to the quantity or
quality of water in surface and groundwater systems both during 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 Rule, 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 reining.
The Division will schedule this matter before the Mined Land Recliunation Board.
A Formal Public Hearing will be held during the December 14-15, 2004 Boazd 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 December 14a' or beginning at 9:00 a.m. on December 15th, 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 aze in violation of the provisions noted above.
Tf 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 ofthe violation.:[f you have evidence indicating that
Office of Office of Colorado
Mined Land Reclamation Active and Inattive Mines Genloeical Survey