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

PERMIT #: M-1995-023
INSPECTOR'S INITIALS: PSH
INSPECTION DATE: July 19, 2010
(OD) Off-site Damage:
Narrative: During the inspection, the site was GPS surveyed with a Trimble Geo XT by the Division. The GPS unit has a
sub-meter level of accuracy. A map indicating the results of the GPS survey is attached. The approved permit states,
fencing will be installed along the west, south and east permit boundaries. The north boundary is the existing Highway
14 right-of-way fence. The Division surveyed the fence line deliniating the site. The Corkle Pit is permitted for 9.9 acres
of disturbance. The results of the GPS survey indicate a fenced area of 13.7 acres, which is 3.8 acres more than approved
in the permit. The Division estimates 12.4 acres of disturbance has occurred at the site, which is 2.5 acres more than
approved by the permit. The Division contacted Mr. Harry Corkle on July 27, 2010 to discuss the results of the GPS
survey. Mr. Corkle stated he thought the 9.9 acre site was defined by the fence and he would investigate the issue further.
Section C.R.S. 34-32.5-103(13) of the Colorado Land Reclamation Act for the Extraction of Construction Materials
defines a mining operation as "the development or extraction of a construction material from its natural occurrence on
affected land." C.R.S. 34-32.5-103(1) defines affected land as "the surface of an area within the state where a mining
operation is being or will be conducted, which surface is disturbed as a result of an operation." Some examples of mining
related disturbances included in definition of affected lands are: roads, land excavations, refuse banks, spoil piles, and
evaporation or settling ponds.
Based on the inspection observations and the Colorado Land Reclamation Act for the Extraction of Construction
Materials, there is a reason to believe a violation of Section 34-32.5-109(1) of the Colorado Land Reclamation Act
for the Extraction of Construction Materials may exist for failure to first obtain a reclamation permit before
engaging in a new operation. The possible violation will be scheduled for the September 15-16, 2010 Mined Land
Reclamation Board Hearing. The Operator must cease all mining related activity at the site immediately upon
receipt of this inspection report except for those activities required to prevent damage to off-site areas or protect
the public health and safety. The notice of the possible violation and information regarding the Board hearing will
be sent under separate cover.
(MP) Gen. Compliance With Mine Plan:
Narrative: The Corkle Pit appeared to be an active mine site. No mining activities were observed during the inspection;
however mining equipment, a processing plant and stockpiles of various types of material were located on the pit floor.
The Operator has stated in recent Annual Reports to the Division that mining is contained within Stage 1 of the pit. The
Division disagrees with this assessment and believes the Operator is within Stage 2. The Division recommends the
Operator implement reclamation activities in Stage 1 as indicated in the approved mining plan or the Operator may choose
to revise the mine plan to accurately depict the current mining plan at the site. The approved mine plan indicates pit walls
will not exceed 3H: IV. The active highwall is "U" shaped, nearly vertical (1H: 1V) and approximately 20 feet high. The
northern slopes remain at a 2H: IV slope as observed during the last inspection. Crusher fine/waste rock piles were
located east and west of the n_ it. floor which could be used by the Operator to reclaim the steep slopes to 3H:1 V during
reclamation.
A fuel storage tank and stockpiles of imported rock were located in the northwest corner of the site. The fuel tank was
contained by an unlined earthen berm. The Division could not determine if the berm was adequate to contain 110% of the
tanks volume. The Division recommends the Operator line and verifies the berm volume is adequate.
(RS) Reclamation Success:
Narrative: The approved post mining land use for the site is rangeland. No reclamation activity was observed during the
inspection. 12.4 acres of the site have been stripped of topsoil and overburden. A'moderately vegetated topsoil stockpile
was noted in the south end of Stage 3 and non-vegetated stockpiles of overburden were noted in the north end of Stage 2/3
and the east end of the disturbed area. The Operator is reminded of the requirement to prevent erosion of stockpiled
overburden and topsoil by seeding the piles if the material is not used within 180 days. Evidence of topsoil and
overburden stripping ahead of the highwall was observed.
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