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STATE OF COLORADO <br /> DIVISION OF MINERALS AND GEOLOGY <br /> Department of Natural Resources <br /> 1313 Sherman St., Room 215 C O L O RA DJPF <br /> Denver,Colorado 80203 D I V I S I O N Phone:(303)866-3567 M IN E RA <br /> FAX:(303)832-8106 GEOLOGY <br /> RECLAMATION-MINING <br /> October 14, 2004 SAFETY-SCIENCE <br /> Bill Owens <br /> Mr. Bill R. Addison Governor <br /> Colorado Marble, L.L.C. /` Russell George <br /> 15960 E. Cherokee Drive Executive Director <br /> Ball Ground, GA 30107 Ronald W.Cattany <br /> Division Director <br /> RE: Lily Mines; Permit No. M-1987-028 Natural Resource Trustee <br /> Notice of Possible Violation; Mining Outside of Permit Area <br /> Dear Mr. Addison, (. I j(0( ✓r <br /> On September 28,2004 the Division of Minerals and Geology conducted a routine inspection of the Lily <br /> Mines,Permit No. M-1987-028 and found the following: <br /> A 110 Construction Materials Permit was issued on March 18, 1988 for a total of 9 acres. The affected <br /> area was surveyed with a Trimble GeoXT Global Positioning System (GPS) to determine the affected <br /> area. Based on the data collected,approximately 20 acres has been affected. Therefore,approximately <br /> 11 acres have been disturbed outside of the present permit boundaries of Permit No. M-1987-028. <br /> Based on the data collected, the Division believes the operator is in possible violation of the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials Rules and Regulations,specifically: <br /> • C.R.S. 34-32.5-116(4)(i) for failure to protect areas outside of the affected land from slides or <br /> damage during the mining and reclamation operations, OR <br /> • C.R.S. 34-32.5-109(1) for failure to first obtain a reclamation permit prior to engaging in anew <br /> mining operation. <br /> The Division will schedule this matter before the Mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the November 17-18,2004 Board meeting for consideration <br /> of the possible violations. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br /> Colorado,beginning at 10:00 a.m. on November 17t''or beginning at 9:00 a.m. on November 181h,or as <br /> soon thereafter on each of those days or as soon thereafter as the matter can be considered.At that hearing <br /> you will have the opportunity to be represented and heard. It will be reiterated that there is reason to <br /> believe that you are in violation of the provisions noted above. <br /> If the Board finds a violation at this hearing,it may issue a Cease and Desist Order,assess a Civil Penalty <br /> in the amount of$100 to $1000(for affecting the area outside the permit area)OR$1000 to$5000(for <br /> operating without a permit) for each day of violation. If you have evidence indicating that the possible <br /> violations noted above do not exist or have been corrected,please provide it to us as soon as possible or <br /> bring it to the hearing. <br /> Office of Office of Colorado <br /> Mined Land Reclamation Active and Inactive Mines Geological Survey <br />