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COLORA © O <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department&Natural Resources <br /> December 20, 2019 <br /> Robert Congdon <br /> Avalanche Creek Marble and Alabaster,LLC <br /> PO Box 932 <br /> Carbondale,CO 81623 <br /> RE: REASON TO BELIEVE A VIOLATION EXISTS AND NOTICE OF BOARD HEARING;WHITE BANKS <br /> MINE; DRMS FILE NO.M-1999-042 <br /> On October 22, 2019, in response to a written notification of the White River National Forest Service, <br /> the Division of Reclamation, Mining and Safety (Division) conducted an inspection of the mine site <br /> known as the White Banks Mine, File No. M-1999-042, and nearby lands (please see attached <br /> inspection Report). <br /> The Division believes this is in violation of the Colorado Land Reclamation Act for the Extraction of <br /> Construction Materials, C.R.S. 34-32.5-124(1),for failure to comply with the conditions of a permit, <br /> specifically failure to maintain legal right of entry.Therefore, the Division has found reason to believe <br /> a violation of the Law exists and has scheduled this matter before the mined Land Reclamation Board. <br /> A Formal Public Hearing will be held during the January 22-23, 2020 Board Meeting for consideration <br /> of the possible violation. The Formal Public Hearing on January 22-23, 2020 will occur in Room 318 of <br /> 1313 Sherman Street,Denver,Colorado, beginning at 9:00 a.m.or as soon thereafter as the matter can <br /> be considered. At the hearing you will have the opportunity to present your defense. <br /> This is an Important legal qroceeding and ou must a .ear In person for this hearin If you fail to appear <br /> an order and financial judgment maybe entered against you. In addition,failure to appear at the hearing <br /> may result in legal consequences including,but not limited to,loss of party status and your ab[lityto seek <br /> reconsideration from the Board or seek judicial appeal in district court. <br /> If the Board finds a violation at this gearing, it may issue a Cease and Desist Order and/or assess a Civil <br /> Penalty in the amount of $100.00 to $1000.00 for each day of violation pursuant to C.R.S. 34-32.5- <br /> 124(7). If you have evidence indicating that the possible violations noted above do not exist or have <br /> been corrected, please provide it to the Division as soon as possible or bring it to the hearing. <br /> oe Coca, <br /> 1313 Sherman St.Room 215 Denver, CO 80203 P(303)866-3567 F(303)832-8106 https://mining.state.co.us <br /> Jared Polis,Governor I Dan Gibbs, Executive Director Virginia Brannon, Director ** <br /> IF rn ra <br />