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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depattment of Natural Resources <br />7373 Sherman St., Room Z15 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8706 <br />March 10, 2005 <br />Mr. Robert Congdon <br />Avalanche Creek Mazble & Alabaster LLC <br />COLORADO <br />DIVISION O F <br />MINESRALS <br />GEOLOGY <br />REC LAM ATION•MINING <br />SAf ETY•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />0367 Avalance Creek Ronald w. cattany <br />Cazbondale, CO 81623 Division DlreClnr <br />Natural Resource Trustee <br />Re: White Banks Mine, Permit No. M-1999-042, Annual Fee and Report, Notice of Violation No. MV- <br />2005-015, Civil Penalties, and Cease and Desist Order <br />Dear Mr. Congdon: <br />C.R.S. 34-32-116(3) and (4), 1989 Supp. and Permit No. M-1999-042 require you to submit to the Division of <br />Minerals and Geology $225.00 in annual fees and an annual report nn or before January 4, 2005 of each yeaz. <br />As of the date of this letter the Division has not received your annual fee and reports for January 4, 2005. <br />Therefore, you are in violation of the above cited statute and the provisions of your Permit No. M-1999-042. <br />Pursuant to C.R.S. 34-32-124 the Mined Land Reclamation Board hereby issues Notice of Violation No. MV- <br />2005-015, Civil Penalties in the amount of $225.00, and Notice and Order to Cease and Desist from Ai•i, <br />mining related activities associated with Permit No. M-1999-042. <br />NnTE' NO PERMITS FOR NEW MINING OPERATIONS SHALL BE GRANTED TO ANY <br />OPERATOR WHO IS CURRENTLY FOUND TO BE IN VIOLATION IN THIS STATE (C.R.S. 34-32- <br />120) UNTIL THE VIOLATION IS ABATED. <br />If you fail to submit your annual fee, annual report, and the Civil Penalties assessed to the Division by Apri14, <br />2005, this matter will be heazd at a Formal Public Hearing before the Mined Land Reclamation Board for <br />consideration of permit revocation and forfeiture of the following fmanciai warranty(ies) at the_A~ril 13, 2005 <br />(or the following day) Board Meeting: <br />CD <br />CA <br />402191201 <br />CA-1999-042 <br />$11,500.00 <br />$745.00 <br />If you submit all past due annual fees, reports, and the Civil Penalties by April 4, 2005, this matter will be <br />withdrawn from Board consideration. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />