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February 20, 2020 <br />Robert Congdon <br />Avalanche Creek Marble & Alabaster LLC <br />PO Box 932 <br />Carbondale, CO 81623 <br />��COLORADO <br />Dlvfaion of Reclamation, <br />Mining and Safety <br />Departrnent of Natural Resowces <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RE. White Banks Mine, M-1999-042, Notice of Hearing to Declare Second Term of Temporary Cessation, <br />TC -2 <br />Mr. Congdon: <br />This letter serves as notice that the Division of Reclamation Mining and Safety (DRMS) has determined that <br />the above listed mining operation must be placed into a second term of Temporary Cessation (TC) based on <br />the last reported date of production of August of 2014. The mine was granted its first term of TC on November <br />21, 2013. <br />The operator noticed the DRMS the site was coming out of temporary cessation on February 13, 2017. The last <br />recorded date of production however, indicated from the Annual Report submitted to the Division, reflects no <br />production data for the prior mining year back to August 2014. All subsequent annual reports for the White <br />Banks Mine showed no production since 2014 while the mine was in its first term of TC and beyond. The <br />Mined Land Reclamation Act, Section 34-32.5-103(l 1)(b)(111), clearly states "The requirement of a notice of <br />TC shall not apply to operators who resume operating within one year and have included in their permit <br />applications a statement that the affected lands are to be used for less than 180 days per year." The lack of <br />resumption of production at the White Banks Mine since August 2014 demonstrates that the mine should have <br />remained in TC. A second and final term of TC, retroactive to November 21, 2018 and ending on November <br />21, 2023, is being requested by DRMS. <br />This matter will be set before the Mined Land Reclamation Board for consideration during the March 25-26, <br />2020 Board meeting at 1313 Sherman Street, Room 318, Denver, Colorado, beginning at 9:00 a.m. on March <br />25 or as soon thereafter as the matter can be considered. <br />Please contact Camille M. Mojar of the Division at (303) 866-3567 ext. 8136 on the Monday prior to the Board <br />Hearing to confirm exactly which day your item will appear before the Board. <br />If you require additional information, or have questions or concerns, please contact Russ Means. <br />Sinc ely, <br />ear <br />Aus s <br />Minerals Program Director <br />CERTIFIED MAIL # 7017 2400 0000 9119 0290 <br />Return Receipt Requested <br />CC: Stephanie Mitchell, DRMS <br />Travis Marshall, DRMS <br />Scott Shultz, AGO <br />Olivia Garcia, White River National Forest <br />Robert Stevens, 601 1081h Ave. NE, Suite 1900, Bellevue, WA 98004 <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us fy <br />Jared Polis, Governor l Dan Gibbs, Executive Director Virginia Brannon, Director *, ` �* <br />�_►876 �` <br />