2010-12-09_ENFORCEMENT - M1995023

• Permit No: M1995023
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/9/2010
• Doc Name: Reconsideration of Board Decision and Appeal of Board Ordered Corrective Action.
• From: DRMS
• To: Corkle Construction
• Violation No.: MV2010028
• Email Name: PSH
• Email Name: AJW
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
December 9, 2010
Harry E. Corkle
Corkle Construction
P.O. Box 306
Walden, Colorado 80480
COLORADO
D IV IS I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mike King
Executive Director
Loretta E. Pineda
Director
RE: Corkle Pit; Permit No. M-1995-023; MV-2010-028
Reconsideration of Board Decision and Appeal of Board Ordered Corrective Action
Dear Mr. Corkle:
On December 7, 2010, the Division of Reclamation, Mining and Safety (Division) received a petition
for Reconsideration of a Board Decision from H. Bruce Humphries with RPM, Inc. on behalf of
Corkle Construction regarding the Board Order issued on November 17, 2010 concerning MV-2010-
028. The petition was received within twenty (20) calendar days of the effective date of the
Board's written decision as required by Rule 2.9.2.
The Division has scheduled the petition for consideration during the January 12-13, 2011 Board
meeting. The meeting 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, the Board may grant or deny the petition based solely on the written submittal or
the Board may, in its discretion, grant the parties an opportunity to present oral argument.
In the petition letter, Mr. Humphries requested Corkle Construction in the presentation of its case be
allowed to submit additional documents. Please submit 15, 3-hole punched copies of all supporting
documentation to the Division before December 31, 2010.
Following the hearing, all parties have an opportunity to review and comment on a draft of the'
Board's order before it becomes final. If you wish to do so, you must provide the Board with a
written request to review the draft order prior to, or at the time of your hearing, or you must
inform the Board orally during the hearing that you request to review the draft order. You must
include your mailing address and, if possible, a fax or email address. You will be provided a copy of
the draft order by e-mail for your review as soon as it is available, unless a hard copy by mail is
requested. The Board's attorney must receive your comments on the draft order within three
calendar days of the date the draft order is e-mailed, unless that deadline is extended by the
Board's attorney. Submit all comments in writing, by e-mail or fax, to John Roberts,
[e-mail], Fax: number 303-866-5395. Please note that the Division of Reclamation.
Mining and Safety has requested and will be allowed to review and comment on the draft Board
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Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines