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August 9th, 2010 - The Division conducted a follow-up inspection of the Konig Pit. The Operator, <br />Mr. Joel Konig, was present for the inspection. According to Mr. Konig, borrow material was <br />being removed from the site and sold to Noble Energy. The Division surveyed the disturbed area <br />with a Trimble GeoXT GPS unit and found the disturbed area to be 10.85 acres in size. Topsoil <br />had been stripped and stockpiled along the perimeter of the disturbed area and various stockpiles <br />of product were located around the site. Based on the findings of the inspection, the Division had <br />reason to believe the Operator was in violation of C.R.S. 34-32.5-109(1) for failure to obtain from <br />the Board or Office a reclamation permit prior to engaging in a new mining operation. <br />August 11th, 2010 - A Reason to Believe (RTB) letter and the Division's August 5th & 9th, 2010 <br />inspection reports were mailed to Michael Konig and Joel Konig. <br />REASON FOR VIOLATION: <br />The Operator has affected approximately 10.85 acres prior to obtaining a reclamation permit from <br />the Board or Office. <br />STAFF RECOMMENDATION. <br />Violation: <br />Find a violation of C.R.S. 34-32.5-109 (1) for failure to obtain from the Board or Office a <br />reclamation permit prior to engaging in a new mining operation. <br />Cease and Desist Order: <br />Issue a cease and desist order prohibiting any further mining activities, except for those activities <br />required to prevent damage to off-site areas or protect the public health and safety until the <br />Operator complies with the Board Order. <br />Corrective Action(s): <br />Require the Operator to submit a 112 Construction Materials Reclamation Permit Application to <br />to incorporate the disturbed area. The Operator shall submit a 112 Construction Materials <br />Reclamation Permit Application within 60 days, with all material in an approvable form within <br />120 days of the signature date of the Board Order. <br />Civil Penalty: <br />For a violation of C.R.S. 34-32.5-109(1), in accordance with C.R.S. 34-32.5-123(2), a Civil <br />Penalty maybe assessed at a rate of $1,000.00 to $5,000.00 for each day of violation. In this <br />case, there are 38 days of violation (from the date of Inspection on August 9th, 2010 to the <br />September 15th, 2010 Board Meeting). <br />The Division will access a civil penalty of $1,000.00 per day of violation for 38 days. For a civil <br />penalty amount of $38,000.00 with all but $1,000.00 suspended if the Operator complies with the <br />corrective action. <br />Payment of the un-suspended portion of the civil penalties ($1,000.00) is due within 30 days of <br />the signature date of the Board Order.