2010-09-07_ENFORCEMENT - M2010055

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