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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />June 13, 2011 <br />Thomas Swint <br />Avalanche Creek Marble and Alabaster, LLC. <br />P.O. Box 277 <br />Palatine, IL 60078 <br />Robert Congdon <br />Avalanche Creek Marble and Alabaster, LLC. <br />169 Clearwater RD. <br />Carbondale, CO 81623 <br />RE. White Banks Mine, Permit No. M-1999-042, Reason to Believe a Violation Exists - <br />Failure to Provide Required Financial Warranty <br />Dear Mr. Swint and Congdon: <br />COLORADO <br />D IV[ S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />On January 11, 2011 the Division of Reclamation, Mining, and Safety (Division) mailed notice to you <br />requiring a financial warranty increase in the amount of $3,280.00 be submitted within 60 days for the <br />above noted operation. To date, the required additional financial warranty has not been submitted to <br />the Division. <br />Therefore, the Division has reason to believe the Operator is in violation of the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials, specifically: C.R.S. 34-32.5-117(4)(c)(11) and <br />Rule 4.2.1(2) of the Construction Materials Rules and Regulations for failure to post required financial <br />warranty within sixty (60) days of the date of notice of adjustment. <br />A Formal Public Hearing will be held during the July 13-14, 2011 Mined Land Reclamation Board (Board) <br />meeting for consideration of the possible violation. The hearing will be held in Room 318 of 1313 <br />Sherman Street, Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be <br />considered. You will have the opportunity to be represented and heard. <br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order, assess a Civil Penalty <br />in the amount of $100.00 to $1000.00 for each day of violation, and/or order the permit be suspended, <br />modified or revoked. If you have evidence indicating that the possible violation(s) noted above do not <br />exist or have been corrected, please provide it to the Division as soon as possible or bring it to the <br />hearing. <br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's <br />order before it becomes final. If you wish to do so, you must provide the Board with a written request <br />to review the draft order prior to or at the time of your hearing, or you must inform the Board orally <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines