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because under his plan of operations the BLM only allowed Mr. Congdon to work the <br /> mines from May 1 to November 15. When Mr. Congdon was at the mine in May of <br /> 2005 he testified that he did not see any evidence that other people were claiming an <br /> interest in the White Banks Mines. Mr. Congdon began working the mine again in May <br /> of 2005. <br /> Mr. Congdon did not learn of the forfeiture until late July of 2005. On August 4, <br /> 2005, Mr. Congdon and Jimmy Williams relocated the White Banks Claims by,replacing <br /> missing corner and side line stakes. Mr. Congdon also put up discovery notices. <br /> On August 5, 2005, Mr. Congdon filed location certificates with the Pitkin County <br /> Clerk's Office for each of the ten White Banks Claims. (See Exhibit 207). In his location <br /> certificates, Mr. Congdon claims a lode discovery date of June 25, 2005. However, he <br /> testified that he did not find out that the White Banks Claims were forfeited until late July <br /> 2005. Therefore, the Court does not find his June 25, 2005 discovery date to be <br /> credible. The Court believes that the picked he June 25, 2005 discovery date so his <br /> date would pre-date Ms. Skinner's location certificates dated June 26, 2005. <br /> In each of the location certificates, Mr. Congdon also claimed a location date of <br /> August 4, 2005. This is consistent with Mr. Congdon's testimony. Mr. Congdon testified <br /> that he believed he located and staked the ground on August 3ro and 41n <br /> Except for 2007 and 2008 when he had throat cancer, Mr. Congdon has <br /> continued to work the mines. His last plan of operation that was approved was in 2015. <br /> It allows him to operate the White Banks Claims through May of 2035. (See Exhibit <br /> 202). <br /> 9 <br />