2010-07-28_ENFORCEMENT - M1995023

• Permit No: M1995023
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/28/2010
• Doc Name: Notice of possible violation
• From: DRMS
• To: Corkle Construction
• Email Name: PSH
• 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]
/July 28, 2010
i.Z' Harry E. Corkle
J Corkle Construction
P.O. Box 306
Walden, Colorado 80480
RE: Corkle Pit; Permit No. M-1995-023

./ Notice of Possible Violation for Mining Without a Permit
Dear Mr. Corkle:
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
The Division of Reclamation, Mining and Safety (Division) conducted an inspection of the Corkle Pit
on July 19, 2010. The Division's inspection revealed mining had occurred outside of the approved
permit boundaries affecting an area of approximately 2.5 acres and the delineated permit
boundary was 3.8 acres more than approved in the permit. A copy of the Division's inspection
report is enclosed with this letter.
Based on the evidence noted above, a violation may have occurred for failure to first obtain a
reclamation permit prior to engaging in a new operation. The Division believes this is in violation of the
Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S 34-32.5-101 et. seq.,
specifically C.R.S. 34-32.5-109(1) as amended for failure to first obtain a reclamation permit prior to
engaging in a new operation.
Therefore, we have reason to believe a violation exists for mining without a permit, and to the Law, and
have scheduled this matter before the Mined Land Reclamation Board.
An Enforcement Hearing will be held during the September 15-16, 2010 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 on each of those days as the matter can
be considered. At the hearing you will have the opportunity to be represented and heard. It will be
reiterated there is reason to believe you are in violation of the provisions noted above.
If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and/or assess a
Civil Penalty in the amount of $1000.00 to $5,000.00 for each day the land has been affected per
C.R.S. 34-32.5-123(2) for a violation of C.R.S. 34-32.5-109(1). If you have evidence indicating the
possible violations noted above do not exist or have been corrected, please provide it to us as soon
as possible or bring it to the hearing.
STATE OF COLORADO
ell,
Office of Office of
Mined Land Reclamation Denver ® Grand Junction a Durango Active and Inactive Mines