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~a~ ~'~ ~i~~P ~' R~C~IUE® ~JL 13 2007 ~t/-n/y_' r / r / ' ' ~ / ` ~ Division of Reclamation, BEFORE THE MINED LAND RECLAMATION BOARD Mining and Safety STATE OF COLORADO ~S ~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER IN THE MATTER OF A REQUEST FOR RECONSIDERATION OF PERMIT SJJSPENSION AND CIVIL PENALTIES, COLORADO MARBLE, LLC, FILE NUMBER !/IvI 1987-028 ,~jy/ y/ _ ~hn / - ~~ 7 ~~ THIS MATTER came before the Mined Land Reclamation Board ("Boazd") on June 13, 2007, in Denver, Colorado for a hearing to consider the request of Colorado Mazble LLC ("Operator") for reconsideration of a permit suspension and civil penalties. The file number in this matter is M-1987-028. Bob Holloway appeazed on behalf of Monarch Mountain Mazble, the Operator's lessee. Erica Crosby and Carl Mount appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). The Board, having considered the parties' presentations and having been otherwise fully informed of the facts in this matter, hereby enters the following ftndings of fact, conclusions of law and order: 1. The Operator received a Section 110 Construction Materials Permit on March 18, 1988 and has extracted marble from a site located in Section 22, Township 50 North, Range 6 East, 6rh Prime Meridian, Chaffee County, Colorado. The site is known as the Lily Mines site and is permitted for 9 acres. 2. The Board has jurisdiction over this matter pursuant to Sections 34-32-105(4) of the Colorado Mined Land Reclamation Act, Sections 34-32-101 et seq. C.R.S. (2006) ("Act"). 3 As the result of Division inspections of the site in September 2004, the Board held a hearing in December 2004 and found the Operator in violation of the Mined Land Reclamation Act, Section 34-32-101 et seq., C.R.S. (2006) ("Act") for conducting mining operations outside Colo. Marble Reconsideration, M-1987-028