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C <br /> COLORADO <br /> / Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> August 13,2020 <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 /> Upon further review and correspondence with the White River National Forest, the Division of <br /> Reclamation, Mining and Safety has determined that the previous Reason the Believe letter dated <br /> December 20, 2019 and previous continuances dated January 16, 2020, May 20, 2020 and July 29, <br /> 2020 shall be vacated. <br /> The Division believes this operation is in violation of the Colorado Land Reclamation Act for the <br /> Extraction of Construction Materials, C.R.S. 34-32.5-124(1), for failure to comply with the conditions <br /> of a permit, specifically failure to maintain legal right of entry and failure to maintain proper mine <br /> permitting with the United States Forest Service. 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 October 21^22, 2020 Board Meeting for <br /> consideration of the possible violation. Due to the impacts of the COVID-19 virus on availability of <br /> State facilities and Division resources, notice is hereby given the October 21-22, 2020 Mined Land <br /> Reclamation Board (MLRB) hearing will be by a virtual ZOOM hearing. <br /> All exhibits and materials you wish for the board to consider must be submitted by October 2, 2020 <br /> via email to the MLRB Administrator. You must also provide an email of all parties to the MLRB <br /> Administrator, Camie Mojar, via phone at 303-866-3567, ext 8136 or via email at: <br /> Camille.moiar@state.co.us, no later than 5:00 PM, October 16, 2020 in order to receive an <br /> authorization code to attend or to request a continuance of the matter. Please note that only those <br /> who will be testifying may attend by ZOOM. All other interested parties may attend the hearing via <br /> the MLRB YouTube Channel: https://www.youtube.com/channel/UCDrrA08blPFlOwce-VH1fWA <br /> This hearing format is in support of Governor Jared Polis's direction and the Colorado Department of <br /> Public Health Safety and Environment recommendations to limit meetings as part of the social <br /> distancing objectives set out by the State of Colorado to help control the spread of COVID-19. <br /> 4' <br /> 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303( 832-8106 https:,`rmining.state.co.us <br /> Jared Polis, Governor I Dan Gibbs, Executive Director i Virginia Brannon. Director <br /> <7 <br />