2011-06-30_ENFORCEMENT - M1999042

• Permit No: M1999042
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 6/30/2011
• Doc Name: Memorandum
• From: DRMS-GRM
• To: MLRB
• Email Name: GRM
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
June 13, 2011
Thomas Swint
Avalanche Creek Marble and Alabaster, LLC.
P.O. Box 277
Palatine, IL 60078
Robert Congdon
Avalanche Creek Marble and Alabaster, LLC.
169 Clearwater RD.
Carbondale, CO 81623
RE: White Banks Mine, Permit No. M- 1999 -042, Reason to Believe a Violation Exists -
Failure to Provide Required Financial Warranty
Dear Mr. Swint and Congdon:
STATE OF COLORADO
COLORADO
D I V I S I O N O f
RECLAMATION
MINING
— &—
SAFETY
John W. Hickenlooper
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
On January 11, 2011 the Division of Reclamation, Mining, and Safety (Division) mailed notice to you
requiring a financial warranty increase in the amount of $3,280.00 be submitted within 60 days for the
above noted operation. To date, the required additional financial warranty has not been submitted to
the Division.
Therefore, the Division has reason to believe the Operator is in violation of the Colorado Land
Reclamation Act for the Extraction of Construction Materials, specifically: C.R.S. 34- 32.5- 117(4)(c)(II) and
Rule 4.2.1(2) of the Construction Materials Rules and Regulations for failure to post required' financial
warranty within sixty (60) days of the date of notice of adjustment.
A Formal Public Hearing will be held during the July 13 -14, 2011 Mined Land Reclamation Board (Board)
meeting for consideration of the possible violation. The hearing will be held in Room 318 of 1313
Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be
considered. You will have the opportunity to be represented and heard.
If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty
in the amount of $100.00 to $1000.00 for each day of violation, and /or order the permit be suspended,
modified or revoked. If you have evidence indicating that the possible violation(s) noted above do not
exist or have been corrected, please provide it to the Division 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 Board's
order before it becomes final. If you wish to do so, you must provide the Board with a written request
to review the draft order prior to or at the time of your hearing, or you must inform the Board orally
Office of
Mined Land Reclamation
Office of
Denver • Grand Junction • Durango Active and Inactive Mines