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BEFORE THE MINED LAND RECLAMATION BOAR <br /> STATE OFC L I <br /> FINDINGS of FACT, CONCLUSIONS of LAW AND ORDER <br /> IN THE MATTER, OF A POSSIBLE VIOLATION BY AVALANCHE CREEK <br /> MARBLE AND ALABASTER, LLC FOR FAILURE TO COMPLY WITH <br /> CONDITIONS OF A PERMIT, File No. M-1999-0 2 <br /> THIS HATTER cane before the Mined Land Reclamation Board "Board" <br /> on March 24, 2021, via videoconference for a hearing to consider a stipulated <br /> late <br /> agreement for a cease and desist order and the request for a continuance o <br /> enforcement hearing for Avalanche Creek Marble and Alabaster, LLC `' erator" , <br /> permit number M-1999-0 2. Scott Schultz, Esq. of the Attorney general's Office <br /> appeared on behalf of the Division of Reclamation, llining, and Safety `'Iivision" . <br /> Richard Stephens, Es . appeared on behalf of the Operator. <br /> The Board, having considered the matter and all materials presented and <br /> having been otherwise fully informed of the facts in the natter, enters the following: <br /> FINDINGS of FACT <br /> 1, The operator has a 110c reclamation permit for the 3. -acre alabaster, <br /> marble, and quartz operation located in Section 2 , Township 9 South, Range 88 <br /> 'west, Bit in County, Colorado, permit number M-1999-0 2, known as the White <br /> Bans Mine. <br /> 2. on August 13, 2020, the Division issued Operator a Reason to Believe <br /> a Violation Exists letter regarding an alleged violation by Operator for failure to <br /> comply with the conditions of a permit because it lacks legal right to eater and <br /> proper mine permitting with the United States Forest Service. The letter informed <br /> the Operator that a hearing on the alleged violation was set for the Board's October <br /> 21, 2020 meeting. <br /> 3. Operator requested and received several continuances, first moving the <br /> hearing to the November 18, 2020 and then, he December 16, 2020 Board meetings. <br /> Two other continuances were requested and granted, moving the hearing to the <br /> January 20, 2021 Board meeting and them to the February 17, 2021 Board meeting, <br />