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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-025 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF KONIG'S POSSIBLE VIOLATION, CEASE AND DESIST <br />ORDER, CORRECTIVE ACTIONS AND CIVIL PENALTIES FOR FAILING TO <br />OBTAIN FROM THE BOARD OR OFFICE A RECLAMATION PERMIT PRIOR TO <br />ENGAGING IN A NEW OPERATION, File No. M-2010-055 <br />THIS MATTER came before the Mined Land Reclamation Board (the "Board") on <br />September 15, 2010 in Denver, Colorado as a consent agenda item to consider a possible <br />violation, Cease and Desist Order, corrective actions and civil penalties for failing to obtain <br />from the Board or Office a reclamation permit prior to engaging in a new operation. The file <br />number is M-2010-055. There were no appearances on behalf of Mr. Joel Konig (the <br />"Operator"). Michael Cunningham appeared on behalf of the Division of Reclamation, <br />Mining and Safety (the "Division"). <br />The Board, having considered the materials submitted with this consent agenda item <br />and having been otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator has admitted mining without a permit. The 10.85-acre site is <br />located in Section 11 Northwest 1/4, Township 10 North, Range 62 West, 6th Principal <br />Meridian, in Weld County, Colorado. The site is approximately 3.5 miles southwest of <br />Grover, Colorado at the intersection of Weld County Road 81 and Weld County Road 120. <br />2. The Division inspected the site on August 5, 2010 in response to a complaint <br />letter received regarding an unpermitted mining operation. The Division staff was unable to <br />contact the landowner, Mr. Joel Konig, and therefore did not enter the property. The <br />Division staff was able to see a significant amount of surface disturbance from the road. <br />3. After speaking with Mr. Konig, the Division conducted a follow-up inspection <br />on August 9, 2010. Mr. Konig told the Division that the borrow material was being removed <br />from the site and was being sold to Noble energy. Using a GeoXT GPS unit, the Division <br />measured the disturbed area as 10.85 acres. Topsoil was stripped and stockpiled along the <br />perimeter. Product stockpiles were located around the site. <br />Konig <br />Mining Without a Permit Consent Order <br />M-2010-055 <br />MV-2010-025