2021-04-15_ENFORCEMENT - M1999042 (2)

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40 Exhibit 1 uwl BEFORE AHNED LAND RECLAMATION ARD STATE OF CLRAD IN MATMR OP WHITE BANKS MINE;Pest No,M'1" - 42 DMSION of IMCUMArnON,MRZNG,AM&UVff AWDROBERT CONGDON AND AVALANCHE CRZE.AND hLMLE AM AAA A M LLUS C3 'tJlA'ITD AGREENFiNT TO CEASE OPERAnONS FOR TO THE M& OFMN G SCHEDUIED BEFORE WNW IAND RECLAMATION BOA IS AGREEMENT "Agreement" is made and entered into by and between the Colorado Div-xsion of Reclamation, Mpg and Safety `' iviaion" and. Avalanche Creek "d Marble and Alabaster, ("Operator"') lointly a "P iesp), The Parties submit this agreement for consideration by the Mined Land Reclamation Board ("Boardl. Imo.sup oar o heir Agreement, the xvwi n and Operator state the oRowing: A. By letter dated September 25, 2020, the Division was informed by the United Staten Department of Agriculture, Forest Service, A en-Soprls Ranger Distriet Forest ihat the Operator does not have an approved plan of operations and does not have au on ation to conduct numng operations on National Forest System ode. x B. The Division behevee and contends that the Operator does not have legal right 6f entry with. the United.States Forest Service and therefore is in violation of the conditions of Permit No. M*1999-042. C. As requested by the Board, the Parties have agreed that the Operator wiU coa a ning Operations prior to the enforcement hearing scheduled before the wed Land Reclamation Board. At the Opprators request, the wed,Land Redamation Board continued the enforcement hearingft chedui d w o occur on February 17, 2021. The Division does not agree with the Operat&s Position. E. Nogg in this Stipulated Agreement shall be construed to supersede, replace, or interpret any Forest Service requirements or bli atio .s that the Operator may have. Qqgratoes Position wN