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r, Yvs laz., t/ ~/ i 01 o~cs,r-. f Y'es2~..`~a-t^. ~6-v-v.. - °-``~ S~ CONSTRUCTION MATERIALS EXTRACTION OR EXPLORATION OPERATION Presentation Form GENERAL INFORMATION Inspection Date: October 4, 2005 Permit Type: 110c File No.: M-1987-028 Permitted Acres: 9 acres Permittee: Colorado Marble, L.L.C. Commodity: Marble Operator: Same County: Chaffee Existing Bond: $282,000.00 Adequate?: YES Method of Mining: Stuface Specialist: Carl Mount NATURE OF VIOLATION(S) (Describe the activity) While extending the waste dump to the south, boulders were rolled down the dump face and overrode the silt fence at the bottom. At the same time, the berm at the top of the dump face was not maintained as required by the temporary sediment control plan initiated at the operator's request to lessen sedimentation to Taylor Gulch. A rainstorm eroded fines in the waste rock dump down off the face and over the silt fence and at least 600 feet down a drainage west of Taylor Gulch. 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, the Rules and Regulations, and the temporary erosion control plan, specifically: C.R.S. 34-32.5-116(4)(1) and (j), Rules 3.1.5(3) and the temporary sediment control plan for failure to protect areas outside of the affected land from damage occurring during the mining operation, failure to stabilize and protect all surface azeas so as to effectively control erosion, and failure to maintain the required silt fencing around and the water control berm at the top of the waste pile. SERIOUSNESS Administrative, describe - None Onsite damage, describe - A portion of the waste pile has been extended to the south. OlTsite damage, describe - Sediment from the extended and unbermed waste pile overrode the sediment fence and proceeded at least 600 feet down a western tributary to Taylor Gulch. Health or safety hazard, describe -None STATUTE(S) VIOLATED AND DESCRIPTION C.R.S. 34-32.5-I 16(4)(1) and (j), Rules 3.1.5(3) and the temporary sediment control plan for failure to protect azeas outside of the affected land from damage occurring during the mining operation, failure to stabilize and protect all surface azeas so as to effectively control erosion, and failure to maintain the required silt fencing around and the water control berm at the top of the waste pile. HISTORY OF VIOLATIONS a. Any outstanding corrective actions or unpaid civil penalties? Not at the present time.