ENFORCE33073

• Permit No: M1999042
• IBM Index Class Name: Enforcement
• Doc Date: 11/7/2003
• Doc Name: Enforcement File- RTB Ltr.
• From: DMG
• To: Avalanche Creek Marble & Alabaster LLC
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
7 313 Sherman St., Room 27 5
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
November 7, 2003 v
Mr. Robert Congdon
Avalanche Creek Marble and Alabaster, L.L.C.
P. O. Box 266
Glenwood Springs, Colorado 81602
RE: White Banks Mine, Permit No. M-1999-042
Deaz Mr. Congdon:
COLORADO
DIVISION O F
MINERALS

GEOLOGY
REC LANATION•NI NING
SAFETT•S CIENCE
Bill Owens
Governor
/
(y
/ Greg E. Walther
N
e
,'I~-?OY_'e W. ~ w~y~r-^^T
r/Pf Executive Director
i
~ 1 ~ Ronald W. Cattany

+(J ~ .1 I~ Division DIIeCYOr
Natural Resource Trustee
On August 5, 2003 the Division of Minerals and Geology mailed an updated reclamation cost estimate to you and
required that an adequate financial warranty in the amount of $12,244.00 be submitted to DMG no later than
October 6, 2003. To date, this financial warranty has not been received by DMG. Therefore, the site is currently
under-bonded.
The Division believes this is in violation o£ Section 34-32-117(4) ofthe Colorado Mined Land Reclamation Act 34-32-
101 et. sea•. C. R. S. 1984 as Amended.
Therefore, the Division has found reason to believe a violation exists to Permit M-1999-042 and the Law and has
scheduled this matter before the Mined Land Reclamation Board.
A Formal Public Hearing will be held during the December 16-17, 2003 Boazd meeting for consideration of possible
violation(s). The hearing will be held in Rcom 318 of 1313 Sherman Street, Denver, Colorado, beginning at 10:00 a.m.
on the 16th, and 9:00 a.m. on the 17th, or as soon thereafter as the matter can be considered and you will have the
opportunity to be represented and heard. It will be reiterated that there is reason to believe that you are in violation of the
provisions noted above. .
If the Boazd finds a violation at this hearing, it may issue a cease and desist order, assess a civil penalty in the amount of
$50.00 to $200.00 for each day of violation or order the permit be suspended, modified or revoked. In addition it may set
the matter for consideration of forfeiture of the $11,500.00 financial warranty at a subsequent hearing. If you have
evidence indicating that the possible violation(s) noted above do not exist or have been corrected, please provide it to us
as soon as possible or bring it to the hearing.
Following the hearing, all parties have an opportunity to review and comment on a draft of the Boazd's order before it is
issued. If you wish to do so, you must provide the Boazd a written request to review the draft order at your hearing. You
must include your mailing address and, if possible, a fax number or email address. You will be provided a copy of the
draft order for your review as soon as it is available. The Boazd must receive any comment within five days following
your receipt of the draft order, unless that deadline is extended. Submit all comments in writing to Tyson Powell,
Assistant Attorney General, 1525 Sherman St., Ss' Floor, Denver, Co 80203, Fax # [phone]. The Boazd will
resolve any issues regarding the form of an order. This process does not affect your right to request reconsideration by
the Boazd or to appeal the substance of the order.
If you need additional information, please contact Steve Shuey at the Division of Minerals and Geology, Grand Junction
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mlnes Geological Survey