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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 AN <br />EXTENSION OF TIME TO POST ADDITIONAL FINANCIAL WARRANTY, <br />File No. M- 1999 -042 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on March 26, 2014, in Denver, Colorado for a hearing to consider the request for an <br />extension of time by Elbram Stone, LLC ( "Operator ")to post additional financial <br />warranty, permit number M- 1999 -042. Russ Means appeared on behalf of the <br />Division of Reclamation, Mining, and Safety ( "Division ").Walter Brown appeared on <br />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. Following a hearing during its December 2013 meeting, the Board, in a <br />written order effective January 2, 2014 ( "January 2014 Order "), ordered the <br />Operator to post additional financial warranty in the amount of $26,402 (for a total <br />financial warranty amount of $41,927.00) within sixty (60) days of the effective date <br />of the January 2014 Order. <br />3. On February 28, 2014, the Division received a written request for an <br />extension of time to post additional financial warranty to May 1, 2014. <br />4. On March 7, 2014, the Division notified the Operator that (1) the <br />Board will consider the Operator's request for an extension of time at its March 26, <br />2014 meeting; and (2) the Division has scheduled an enforcement hearing for the <br />May 21, 2014 Board meeting on the possibility that the Board denies the request for <br />extension of time or, if the Board grants the request, the Operator fails to post the <br />additional financial warranty by May 1, 2014. <br />