ENFORCE23388

• Permit No: M1987028
• IBM Index Class Name: Enforcement
• Doc Date: 10/14/2004
• Doc Name: Notice of PV Mining Outside of Permit Area
• From: DMG
• To: Colorado Marble LLC
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7313 Sherman 6t., 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
RE: Lily Mines; Permit No. M-1987-Q28
Notice of Possible Violation; Mining Outside of Permit Area
Dear Mr. Addison,
COLORADO
DIVISION O F
MIN 6RALS
GEOLOGY
0.ECLAM ATION•M WING
SA EETY4CIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. I'anany
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 110 Construction Materials Permit was issued on Mazch 18, 1988 for a total of 9 acres. The affected
azea was surveyed with a Trimble GeoXT Global Positioning System (GPS) to determine the affected
azea. Based on the data collected, approximately 20 acres has been affected. Therefore, approximately
11 acres have been disturbed outside of the present permit boundaries of Pernut No. M-1987-028.
Based on the data collected, 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)(1) for failure to protect azeas outside of the affected land from slides or
damage during the mining and reclamation operations, OR
C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit prior to engaging in a new
mining operation.
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 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 November 17s' or beginning at 9:00 a.m. on November 18s', 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 heazd. 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 to $1000 (for affecting the area outside the permit area) OR $1000 to $5000 (for
operating without a pern3it) 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