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power and an air duct system. As of the date of the hearing, the children had not <br /> received their increased percentage of ownership in the mine. <br /> In February of 2004, Mr. Congdon injured his back. He had surgery on his back <br /> in July of 2004 and could not work the mine for a period of time. <br /> THE FORFEITURE <br /> Under Federal law, the holder of an unpatented mining claim must either pay an <br /> annual claim maintenance fee to the federal government or obtain a small miner <br /> exemption on or before September 1, of each year. The miner must also file an annual <br /> affidavit of assessment work with the Bureau of Land Management (hereinafter "BLM") <br /> and Pitkin County. 30 U.S.C. § 28f(a)(1) and (d). <br /> In 2004, no maintenance fee was paid on the White Banks mines and no annual <br /> affidavit of assessment of work was filed as required by law. As a result, the White <br /> Banks claims were deemed abandoned and forfeited by the BLM. Mr. Congdon was <br /> notified of this forfeiture by the BLM by letter dated May 12, 2005:2 <br /> Title 30 United States Code (U.S.C.) Section <br /> 28(i)(2000) requires an annual maintenance <br /> fee of$100 per mining claim, mill or tunnel <br /> site; or under 30 U.S.C. Section 28(f)(2000) <br /> a maintenance fee waiver certification for each <br /> claim/site to be filed on or before September 1, 2004, <br /> for the 2005 assessment year. The Act also provides <br /> that failure to comply by September 1, 2004, shall <br /> be deemed conclusively to constitute forfeiture <br /> of the claim/site and the claim/site is forfeited by <br /> operation of law. <br /> The BLM records do not show either receipt of <br /> your maintenance free or a request for maintenance <br /> fee waiver certification as of September 1, 2004. <br /> Therefore, the referenced claim(s)/site(s) is/are <br /> Mr.Congdon denies ever receiving the May 12,2005 letter from the BLM. <br /> 5 <br />