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ic)v, <br />-IPM, Inc. <br />December 6, 2010 <br />Colorado Mined Land Reclamation Board RECI) <br />Attn: Ms. Sitira Pope 'DEC Q 7 2010 <br />1313 Sherman St., Rm 215 <br />Denver, CO 80203 ?/?fO" °{ Kecu?laitton, <br />RE: Reconsideration of Board Decision, Appeal of Board Ordered Corrective Action <br />Concerning MV- 2010-028 against a 1995-023, Corkle Construction <br />This is a request for Board reconsideration of a Board Order issued November 17, 2010 <br />concerning MV- 2010-028, against the permitted operation with file number M 1995-023, Corkle <br />Construction. In particular, paragraph three under "ORDER", which states, "The Board imposes <br />against the Operator the following corrective action: the Operator shall submit a 110 to 112 <br />Construction Materials conversion application to increase the permit area to encompass the entire <br />affected land. The conversion application shall be submitted by February 15, 2011, with all the <br />materials in an approvable form by June 15, 2011 (120 days from the submittal date)." <br />The Operator seeks relief from the Board to convert the 110 permit to a 112 permit. The <br />Operator does not contest the violation. In addition, the Operator seeks to remedy the fact of the <br />violation by an alternative means. <br />• The Operator is asking the Board to allow the Operator to post an additional bond <br />sufficient to complete reclamation on the 2.5 acres which have been disturbed outside the <br />approved permit boundary. <br />• The Operator will complete reclamation on the area in violation by September 30, 2011. <br />(In this part of the State, fall seeding is preferred to spring or summer seeding.) <br />• The Operator will agree to leave the additional bond in place and will not seek release or <br />object to its not being released until the site is reclaimed to the satisfaction of the State of <br />Colorado. <br />If granted, this action will ensure the area in violation is reclaimed in a timely manner to the <br />satisfaction of the State of Colorado. It achieves the same result of the existing Board Order at a <br />cost more in line with the economic condition of the Operator, at no risk to the Board. In <br />addition, this requested action is not a novel or unique approach to resolving such violations. <br />Past Boards have entered compliance orders whereby an operator is ordered to repair or clean up <br />areas disturbed outside a permit boundary and not have to enter into the costly process of <br />permitting. The Operator is asking the Board grant this option as has been done in the past. We <br />request the Board consider the following facts: <br />RPM. Inc., 7425 Winter Berry Ln., Castle Rock, CO 80108 Phone: (303) 854-7499 FAX:(303) 660-3852 Email: hlhumphries2@comcast.net <br />S P P-? ki