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vl <br /> PITKIN COUNTY ATTORNEY <br /> John M.Ely <br /> County Attorney 530 East Main Street,Suite 301 Lisa MacDonald <br /> John.Elv(a�pitkineountv.com Aspen,Colorado 81611 Jane Achey <br /> Paralegals <br /> Laura C.Makar Tel:(970)920-5190 Lisa.Mac Dona ld(dpitkincounty.com <br /> Assistant County Attorney Fax:(970)445-3471 Jane.Achev(atnitkincounty.com <br /> Lama.Makai a pitkincounty.com <br /> Richard Y.Neiley 1❑ <br /> Assistant County Attorney <br /> Richard.Neiley(`pitkincounty.com RECEIVED <br /> August 4, 2020 <br /> AM 1020 <br /> Mr. Russ Means <br /> Minerals Program Director <br /> Colorado Division of Reclamation, Mining & Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, Colorado 80203 <br /> Via email to: Russ.Means(�r state.co.us, Ginny.Brannon(.state.co.us, Jeff.Fugate(&state.co.us, <br /> stephanie.mitchellL&state.co.us,Dustin.Czapla(cystate.co.us, camille.mojarastate.co.us <br /> Re: Objection to Extension of Temporary Cessation Status, White Banks Mine, <br /> Permit No. M-1999-042 <br /> Dear Mr. Means, <br /> Pitkin County has reviewed the February 20, 2020 Notice of Hearing sent by the Division of <br /> Reclamation, Mining & Safety (DRMS) to Mr. Robert Congdon, the operator of the White <br /> Banks Mine (Permit No. M-1999-042), located in the Crystal River Valley south of Carbondale. <br /> The Notice of Hearing indicates that DRMS is requesting that the White Banks Mine Permit be <br /> placed in a second and final term of temporary cessation (TC), retroactive to November 21, 2018 <br /> and ending on November 21, 2023. Pitkin County objects to the grant of a second term of TC <br /> based on the cessation of mining activity and any production or extraction of material in more <br /> than ten years. As such, DRMS and the Mined Land Reclamation Board (MLRB) should place <br /> the mine in final reclamation due to the period of nonproduction, in conformance with the <br /> Colorado Land Reclamation Act for the Extraction of Construction Materials (Construction <br /> Materials Reclamation Act), C.R.S. §§ 34-32.5-101, et seq. <br /> I. Pitkin County's Concerns Related to the White Banks Mine <br /> Pitkin County regulates the mining activity of White Banks Mine through our Land Use Code <br /> and those sections pertaining to extractive operations and mining. We have asserted various <br /> requirements upon the White Banks Mine in order to mitigate the off-site impacts of the mining <br /> operations. Principal among these impacts are the truck traffic utilizing State Highway 133 with <br /> an uncontrolled access onto the highway, the generation of noise and its impact on near-by <br /> residential properties, the degradation of water quality in Avalanche Creek and the Crystal River <br />