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Reclamation Cost and Notice of Surety Increase SI -3 ( "Notice of Surety Increase) on <br />July 30, 2013. <br />5. On August 16, 2013, the Division received a letter from Operator, <br />stating that it protests the financial warranty increase and requesting until October <br />31, 2013 to reduce reclamation liability at the site. <br />6. By letter dated August 22, 2013, the Division acknowledged receipt of <br />the Operator's August 16, 2013 letter, granted the Operator's request for additional <br />time to reduce reclamation liability at the site and notified the Operator that it has <br />a right to a hearing on the Notice of Surety Increase pursuant to Rule 4.2.1(2) of the <br />Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for <br />the Extraction of Construction Materials ( "Rules "). <br />7. On November 1, 2013, the Division sent the Operator notice to post the <br />additional financial warranty within thirty (30) days. <br />8. By letter dated November 5, 2013 and received on the same date, the <br />Operator requested, among other things, a hearing on the Notice of Surety Increase. <br />9. On November 12, 2013, the Division inspected the site to reevaluate <br />the necessary amount of financial warranty required. Robert Congdon and Walter <br />Browne, representing the Operator, attended the inspection. The Division found <br />that the bathhouse had been disconnected fi-om power and staged for removal, that <br />the refuse and debris that was outside the bathhouse during the July 23, 2013 <br />inspection had been removed, and that the stockpile of material was still located on- <br />site. The Division also found that unnecessary equipment had been removed. <br />10. Following the November 12, 2013 inspection, the Division recalculated <br />the cost estimate to reclaim the site to be $41,927.00, an increase of $26,402.00 over <br />the current financial warranty amount. On November 18, 2013, the Division sent <br />the Operator Revised Notice of Surety Increase SI -3 based on the conditions <br />observed at the November 12, 2013 inspection. <br />11. By e-mail on November 20, 2013, the Operator notified the Division <br />that it protests the Notice of Surety Increase and requested that the matter be <br />scheduled for hearing during the Board's December 2013 meeting. <br />12. On November 21, 2013, the Division sent a Notice of Formal Board <br />Hearing to Avalanche Creek, providing information about the hearing scheduled for <br />December 11, 2013. <br />Avalanche Creek Marble and Alabaster LLC <br />White Banks Mine, M- 1999 -042 2 <br />