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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF THE REQUEST OF ELBRAM STONE, LLC FOR A <br />HEARING TO CONSIDER A SURETY INCREASE, FILE NO. M -1999 -042 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on December 11, 2013, in Denver, Colorado for a hearing to consider the request for <br />a hearing by Elbram Stone, LLC ( "Operator ") on the notice of surety increase issued by <br />the Division of Reclamation, Mining, and Safety ( "Division "), permit number M- <br />1999 -042. Dustin Czapla appeared on behalf of the Division of Reclamation, Mining, <br />and Safety ( "Division "). Robert Congdon appeared on behalf of the Operator. <br />The Board, having considered the parties' presentations and having been <br />otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator has a 110c reclamation permit for the 3.5 -acre alabaster, <br />marble, and quartz operation located in Section 28, Township 9 South, Range 88 <br />West, Pitkin County, Colorado, permit number M- 1999 -042, known as the White <br />Banks Mine. Avalanche Creek Marble and Alabaster, LLC ("Avalanche Creek ") is <br />the permit holder for the site. <br />2. On July 23, 2013, the Division inspected the site at the request of the <br />U.S. Forest Service to review the adequacy of the current financial warranty <br />amount. Olivia Garcia, representing the U.S. Forest Service, attended the <br />inspection. The Operator did not attend the inspection. During the inspection, the <br />Division found a "bathhouse" structure at the site that appeared to be in dilapidated <br />condition. The Division observed various refuse and debris outside the structure. <br />The Division also found that a stockpile of material, designated to be "temporary" in <br />Technical Revision 2 in 2004, was still located at the site. The Division also found <br />miscellaneous pieces of equipment and a main cabin structure. <br />3. The Division currently holds a financial warranty for the site in the <br />amount of $15,525.00. <br />4. Following the July 23, 2013 inspection, the Division recalculated the <br />cost estimate to reclaim the site at $54,835.00, and increase of $39,310 over the <br />current financial warranty amount. The Division sent Avalanche Creek a <br />