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y i <br />3. The inspection report signed by Tom Kaldenbach on June 24, 2008 notes <br />under "General Mine Plan Compliance" that "a set of entries (five entries wide) have been <br />developed next to the mains ... These entries appear to be within the permit area and the <br />approved affected area, but appear to extend beyond the area approved for mining as it is <br />shown on the Mine Plan Map, Map King I-005." Mr. Kaldenbach further notes that the <br />Division is researching mine plan compliance in this area. <br />4. On June 23, 2008, after the inspection, the Division received Technical <br />Revision-14 ("TR-14") from the Permittee to revise the mine plan map to show the <br />unapproved workings. <br />5. On July 3, 2008, the Division issued Notice of Violation Number CV-2008- <br />002 ("NOV") for failure to follow the approved mine plan and update mine plan and maps. <br />The NOV describes the violation as, "a failure to have maps or plans in the approved <br />application that clearly and accurately show the land to be affected and the areal extent of the <br />underground workings." The NOV cites the applicable law and details the portion of the <br />operation to which the NOV applies. <br />6. The Division also issued a Notice of Proposed Amount of Civil Penalty and <br />Request for Conference to the Permittee on July 3, 2008, imposing a penalty in the amount of <br />$500. <br />7. The Permittee requested that the Division vacate the NOV through the <br />Division's internal processes. 'The Division upheld the NOV and the Permittee appealed to <br />the Board seeking vacation of the NOV. The Permittee has already paid the $500 penalty. <br />8. The Permittee testified that they were informed on June 17, 2008 during the <br />inspection that the mine plan map on display in the bathhouse was not accurate. <br />9. The Permittee submitted to the Division TR-14 revising the mine plan map on <br />June 18, 2008, the day following the inspection.' The Permittee asserts that by the time the <br />NOV was issued (July 3, 2008), that the problem had already been corrected by the <br />Permittee's submission of TR-14. The Permittee asserts that consequently no violation <br />existed at the time the NOV was issued. <br />10. The technical revision updated the mine plan map to include the new areal <br />extent of the submain entries. The mine plan map on file with the Division at the time of the <br />inspection was not sufficient to describe the actual areal extent of the underground workings <br />of the mine. <br />CONCLUSIONS OF LAW <br />11. The Board has jurisdiction over this matter pursuant to §§ 34-33-104, 34-33- <br />105 and 34-33-116(5), C.R.S., of the Colorado Surface Coal Mining Reclamation Act, <br />' The Permittee did not specify how TR-14 was delivered to the Division. Therefore, the Permittee submitted TR-14 <br />to the Division on June 18, but as noted in ¶ 4, the Division did not receive TR-14 until June 23, 2008. <br />GCC Energy, LLC <br />King I and II Mines 2 <br />C-1981-035 <br />CV-2008-002