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iiiiiiiiiiiuiiiiii • <br /> <br />STATE OF <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1317 Sherman St., Room 215 <br />Denver, Colorado 80201 <br />Phone: 0031 8ti6-75h7 <br />FAx. pU31 832-81 D6 <br />September 8, 1999 <br />Mr. Robert Congdon <br />P.O. Box 783 <br />Carbondale, Colorado 81623 <br />RE: Notice of Violation MV-99-017, Avalanche Creek Mine, Permit No. M-91-095 <br />Mined Land Reclamation Board Hearing <br />Dear !vtr. Congdon, <br />~~' ~.° <br />D1 V 151 ON OFi <br />MINERALSi <br />GEOLOGYI <br />ftEC LAMATIONI <br />M INING•$ArETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />ExecuYwe Director <br />Michael B. Lung <br />Divwon Director <br />On August 27, 1999 the Division of Minerals and Geology informed Avalanche Creek Marble & Alabaster LLC of the <br />Division'sdecision to approve the White Banks Mine 110(2) Permit Application, File No. M-99-042. A financial warranty <br />in the amount of $ 11,500.00 and a performance warranty were required in order for the permit to be issued. The Board <br />Order signed on July 21, 1999 states that the operator shall secure an approved 110(2) permit by no later than 5:00 p.m. <br />on August 30, 1999, which shall include posting the required bond. The financial warranty and the performance warranty <br />have not been submitted to date, therefore, a permit has not been issued. In addition, [he Division has not received the <br />$500.00 civil penalty that was required to be paid within 30 days of the signature date of the Board Order (July 21, 1999). <br />Under C.R.S. 34-32-I 18(I)(a), this may be considered a violation of a Board Order for failure to complete the required <br />corrective actions. Specifically, failure to secure an approved 110(2) permit no later than 5:00 p.m. on August 30, 1999 <br />and failure to pay the $500.00 civil penalty within 30 days of the signature date of the Board Order. <br />The Division will schedule this matter before the Mined Land Reclamation Board. A Formal Public Hearing will be held <br />during the October 20-2I,1999Board meeting for considerationofviolationoftheMV-99-017 Board Order. The hearing <br />will be held in Room 318 of 1313 Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the <br />matter can be considered. At that hearing you will have the opportunity to be represented and heard. <br />If the Board finds the operator to be in violation of the Board Order, it may consider forfeiture the $1,500.00 financial <br />warranty pursuant to C.R.S. 34-32-1 l8(1)(a). if you have evidence indicating that the possible violations noted above do <br />not exist or have been corrected, please provide it to us as soon as possible or bring it to the hearing. <br />If you have any questions, please contact Carl Mount. <br />Sincere <br />A . . L(9,~J <br />Division Director <br />CERTIFIED MAIL P 436 789 653 <br />cc: Bruce Humphries; DMG <br />Carl Mount; DMG <br />Erica Crosby; DIv1G <br />