Laserfiche WebLink
BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-028 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF CORKLE CONSTRUCTION'S POSSIBLE VIOLATION, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES FOR <br />FAILING TO OBTAIN A RECLAMATION PERMIT PRIOR TO ENGAGING IN A NEW <br />OPERATION, File No. M-1995-023 <br />THIS MATTER came before the Mined Land Reclamation Board (the "Board") on <br />October 13, 2010 in Denver, Colorado as a consent agenda item to consider a possible <br />violation, Cease and Desist Order, corrective actions and civil penalties for failing to obtain a <br />reclamation permit prior to engaging in anew operation. The file number is M-1995-023. <br />There were no appearances on behalf of Corkle Construction (the "Operator").' Peter Hays <br />appeared on behalf of the Division of Reclamation, Mining and Safety (the "Division"). <br />The Board, having considered the materials submitted with this consent agenda item <br />and having been otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a Section 110c permit for a 9.9-acre site located in Section <br />36 Southwest'/4 of the Southwest 1/4, Township 8 North, Range 78 West, 6th Principal <br />Meridian, in Jackson County, Colorado. The site is located approximately seven miles <br />northwest of Gould, Colorado. <br />2. The Division inspected this site on July 19, 2010. The Division surveyed the <br />site using a Trimble Geo XT GPS unit. The survey results show that the fenced area <br />delineating the permit area is 13.7-acres, which is 3.8-acres more than what is approved in <br />the permit. <br />3. The Division estimates that 12.5-acres of disturbance has occurred at the site. <br />This is 2.5-aces more than what is provided for in the permit. <br />4. The site was active when inspected. The Division observed mining <br />equipment, a processing plant, and material stockpiles on the pit floor. <br />' The Operator's registered trade name on the Secretary of State's website is "Harry Corkle Const." However, the <br />name it generally uses appears to be "Corkle Construction." <br />Corkle Construction <br />M-1995-023 <br />W-2010-028