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JAC)l <br />RPM, Inc. <br />• The Operator states the error in the permit boundary was the result of an incorrect survey <br />when the Pit was established by the previous Operator. <br />• Corkle Construction took possession of the Pit on February 201h, 1998. (The issued <br />permit has a 1995 permit number.) <br />• The mining violation occurred prior to his acquiring the Pit. The former Operator, DX <br />Huskin, mined the area in order to complete overlay project for Highway 14. <br />• Corkle Construction did not receive economic benefit from mining the 2.5 acre area. <br />• The Operator, at the time he signed the Consent Agreement, did not fully understand his <br />options or the implications of the action. The Operator does not claim this as a fault of <br />the Board or Division. But does ask the Board take this into consideration and grant a <br />Reconsideration Hearing so the Operator and the Board might explore other options. <br />Regardless, the Operator does not dispute the violation or the civil penalty and desires to correct <br />the violation. <br />In the event the Board reconsiders the corrective action, but does not rule in favor of Corkle <br />Construction, we request the Board grant a four month extension to the date the application must <br />be filed with the DRMS. There may be field studies which must be done in order to submit an <br />expanded operation permit application. With snow cover, historic resource, wetland and other <br />such studies, if required, may not be able to be done at this time of the year. <br />We request Corkle Construction in the presentation of its case be allowed to submit the <br />additional following documents as may be needed: <br />• Portions of Permit File M1995-023 <br />• Minutes and Agenda Items from selected past Board actions <br />• Selected documents from Jackson County and the State Land Board <br />We thank you for your consideration of this matter. <br />Respectfully, <br />H. Bruce Humphries <br />Consultant for Corkle Construction <br />RPM. Inc., 7425 Winter Berry Lu., Castle Rock, CO 80108 Phone: (303) 854-7499 FAX:(303) 660-3852 Email: hlhumphries2®comcast.net