HomeMy WebLinkAbout20130684.tiff*1816
COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY
MINERALS PROGRAM INSPECTION REP9MTDoun, ty Planning Department
PHONE: (303) 866-3567 GREELEY OFFICE
At/b 1R7mn
The Division of Reclamation, Mining and Safety has conducted an inspection '�f tion
noted below. This report documents observations concerning compliance wit Mmit
and applicable rules and regulations of the Mined Land Reclamation Board.
MINE NAME:
Konig Pit
MINE/PROSPECTING ID#:
M-2010-055
MINERAL:
BOR
COUNTY:
Weld
INSPECTION TYPE:
Illegal(Unpermitted Operation)
INSPECTOR(S):
Michael A. Cunningham
INSP. DATE:
August 5, 2010
INSP. TIME:
11:00
OPERATOR:
Joel Konig (Operator)
Michael Konig (Landowner)
OPERATOR REPRESENTATIVE:
Brett Becker and J.D. Tillman
TYPE OF OPERATION:
ILL - Illegal
REASON FOR INSPECTION:
Other Agency Request
BOND CALCULATION TYPE:
None
BOND AMOUNT:
NA
DATE OF COMPLAINT:
7/29/10
POST INSP. CONTACTS:
County
JOINT INSP. AGENCY:
County
WEATHER:
Clear
INSPW OR'S $IGNATTURE:
()
SIGNATURE DATE:
August 1 1, 2010
GENERAL INSPECTION TOPICS
This list identifies the environmental and permit parameters inspected and gives a categorical evaluation of each. No problems
or possible violations were noted during the inspection. The mine operation was found to be in full compliance with Mineral
Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials and/or
for Hard Rock, Metal and Designated Mining Operations. Any person engaged in any mining operation shall notify the office
of any failure or imminent failure, as soon as reasonably practicable after such person has knowledge of such condition or of
any impoundment, embankment, or slope that poses a reasonable potential for danger to any persons or property or to the
environment; or any environmental protection facility designed to contain or control chemicals or waste which are acid or
toxic -forming, as identified in the permit.
(AR) RECORDS NA (FN) FINANCIAL WARRANTY NA (RD) ROADS
(HB) HYDROLOGIC BALANCE NA (BG) BACKFILL & GRADING NA (EX) EXPLOSIVES
(PW) PROCESSING WASTE/TAILING---- NA (SF) PROCESSING FACILITIES NA (TS) TOPSOIL
NA
NA
NA
(MP) GENL MINE PLAN COMPLIANCE- NA (FIN) FISH & WILDLIFE NA ("'1) I E ECETATION --- NA
(SM) SIGNS AND MARKERS
NA (SP) STORM WATER MGT PLAN---- NA (SB) COMPLETE INSP---- NA
(ES) OVERBURDEN/DEV. WASTE NA (SC) EROSION/SEDIMENTATION--- NA (RS) RECL PLAN/COMP-- NA
(AT) ACID OR TOXIC MATERIALS NA (OD) OFF -SITE DAMAGE NA (ST) STIPULATIONS NA
V = Inspected and found in compliance/ N =Not inspected / NA = Not applicable to this operation / PB = Problem cited / PV = Possible violation cited
,�\;�y.-3._) 3
2013-0684
Page 1 of3
PERMITS: M-2010-055
INSPECTOR'S INITIALS: MAC
INSPECTION DATE: August 5, 2010
OBSERVATIONS
The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety (Division).
Kim Ogle the Weld County Department of Planning Services and Clay Kimmi of the Weld County Public Works
Department were also present for the inspection. The Division received a notice of a possible illegal mining operation on
July 29, 2010 from Weld County. The site is located approximately 3.5 miles southwest of Grover, Colorado. A review of
the Division's records found that a reclamation permit has not been issued for the site.
Michael Konig, the owner of the surface of affected land, could not be reached. Therefore, the inspectors were unable to
enter the property and only conducted a partial inspection. A significant amount of surface disturbance was observed
from the site entrance located off of Weld County Road 81. Various stockpiles and berms were observed on the site. At
the time of the inspection a front-end loader was placing material into a haul truck. The inspectors made contact with Brett
Becker, the front-end loader operator, and J.D. Tillman, the haul truck driver. They informed the inspectors the borrow
material was being sold to Noble Energy, in addition to being used on adjacent properties owned by Konig family. Mr.
Becker and Mr. Tillman were informed they were engaged in mining of an unpermitted site and were possibly 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. According to Mr. Becker, the site was being operated by Joel Konig. The Division was unsuccessful in
contacting Joel Konig while at the site.
This concluded the inspection.
1, Michael Cunningham, hereby certify that on August 11, 2010, i deposited a true and complete copy of this
foregoing inspection report in the United States Mail, first class postage paid, to the operator of record for this
site at the address indicated, and to others within the body of this report who have been designated to receive
copies (DRMS personnel excepted).
6 I'
Signature
Page 2 of 3
PERMIT #: M-2010-055
INSPECTOR'S INITIALS: MAC
INSPECTION DATE: August 5, 2010
PHOTOGRAPHS
-
08/05/2010
1. Front-end loader & stockpile, facing
east
3. Material stockpile, facing east
Inspection Contact Address
Joel Konig
37231 HWY 14
Briggsdale, CO 80611
CERTIFIED MAIL NO. 7008 3230 0002 7253 0084
Return Receipt Requested
Michael Konig
57851 County Road 81
Grover, CO 80729
CERTIFIED MAIL NO. 7008 3230 0002 7253 0107
Return Receipt Requested
CC: Tony Waldron, DRMS
Clay Kimmi, Weld County
Kim Ogle, Weld County
2.Haul truck leaving site
Page 3 of 3
COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY
MINERALS PROGRAM INSPECTION R1`!Y Planning Department
PHONE: (303) 866-3567 GREELEY OFFICE
AUG r R nin
The Division of Reclamation, Mining and Safety has conducted an inspeckE
k/' ration
noted below. This report documents observations concerning compliance with the terms permit
and applicable rules and regulations of the Mined Land Reclamation Board.
MINE NAME:
Konig Pit
MINE/PROSPECTING ID#:
M-2010-055
MINERAL:
BOR
COUNTY:
Weld
INSPECTION TYPE:
Illegal(Unpermitted Operation)
INSPECTOR(S):
Michael A. Cunningham
INSP. DATE:
August 9, 2010
INSP. TIME:
09:30
OPERATOR:
Joel Konig(Operator)
Michael Konig (Landowner)
OPERATOR REPRESENTATIVE:
Joel Konig
TYPE OF OPERATION:
ILL - Illegal
REASON FOR INSPECTION:
Other Agency Request
BOND CALCULATION TYPE:
None
BOND AMOUNT:
NA
DATE OF COMPLAINT:
7/29/10
POST INSP. CONTACTS:
County
JOINT INSP. AGENCY:
None
WEATHER:
Cloudy
INACTO1'S SIG NATURE:
��
SIGNATURE DATE:
August 11, 2010
The following inspection topics were identified as having Problems or Possible Violations. OPERATORS
SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE
WITH THE TERMS OF THE PERMIT AND APPLICABLE RULES AND REGULATIONS. If a
Possible Violation is indicated, you will be notified under separate cover as to when the Mined Land
Reclamation Board will consider possible enforcement action.
INSPECTION TOPIC: Availability Of Records
PROBLEM/POSSIBLE VIOLATION: Probable Violation: Failure to first obtain a reclamation permit from the Mined Land
Reclamation Board before engaging in a new mining operation as required by 34-32.5-109(1) C.R.S.
CORRECTIVE ACTIONS: This possible violation will require a hearing before the Mined Land Reclamation Board. The schedule
and other details of the MLRB hearing will be provided under a separate document to be sent via certified mail to the operator.
CORRECTIVE ACTION DUE DATE: 9/15/10
Page 1 of 4
PERMIT S: M-2010-055
INSPECTOR'S INITIALS: MAC
INSPECTION DATE: August 9, 2010
OBSERVATIONS
The inspection was conducted by Michael Cunningham of the Division of Reclamation, Mining and Safety (Division).
Joel Konig was also present for the inspection. The Division received a notice of a possible illegal mining operation on
July 29, 2010 from Weld County. The site is located approximately 3.5 miles southwest of Grover, Colorado in Weld
County. A review of the Division's records found that a reclamation permit has not been issued for the site.
The purpose of this inspection was to follow-up on an inspection conducted on August 5, 2010. During the previous
inspection the property could not be accessed and field observations had to made from Weld County Road 81. The
Division made contact with Mr. Joel Konig, the site operator, following the August 5th inspection and scheduled this
inspection to make a final determination as to whether the Operator was engaged in mining without a permit. According
to Mr. Konig, the borrow material was being mined and sold to Noble Energy, in addition to being used on adjacent
properties owned by the Konig family.
The site is located approximately 475 feet east of Weld County Road 81. During the inspection the disturbed area was
traversed with a Trimble GeoXT GPS unit. The disturbed area, including the access road, was determined to be 10.85
acres in size. The topsoil was stripped off and stockpiled around the perimeter of the site. Product stockpiles of various
sizes are located in the southwest corner of the site. The Operator has mined into a hillside with an easterly aspect and has
created a level pit floor. The pit walls on the west and south sides are graded to 3H: 1 V or flatter and range from two to six
feet in height. No mining was taking place during the inspection and Mr. Konig indicated no processing of material has
occurred on the site.
Mr. Konig was informed of the Division's permitting process and was provided with a 112 Construction Materials
Reclamation Permit Application Package. In addition, he was provided with a copy of the Colorado Land Reclamation
Act for the Extraction of Construction Materials and the Minerals Rules and Regulations.
Based on the findings of this inspection, the Division has reason to believe the Operator is 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. The
possible violation will be scheduled for the September 15-16, 2010 Mined Land Reclamation Board Hearing. The notice
of possible violation will be sent under separate cover.
This concluded the inspection.
I, Michael Cunningham, hereby certify that on August 11, 2010, I deposited a true and complete copy of this
foregoing inspection report in the United States Mail, first class postage paid, to the operator of record for this
site at the address indicated, and to others within the body of this report who have been designated to receive
copies (DRMS personnel excepted).
Signature
Page 2 of 4
PERMIT #: M-2010-055
INSPECTOR'S INITIALS: MAC
INSPECTION DATE: August 9, 2010
PHOTOGRAPHS
1.Access road, facing east
3. Topsoil stockpile, facing south
5. Pit floor and product stockpiles, facing
south
2. Product stockpiles facing east
4. Western edge of disturbed area, facing
south
Page 3 of 4
PERMIT #: M-2010-055
INSPECTOR'S INITIALS: MAC
INSPECTION DATE: August 9, 2010
GENERAL INSPECTION TOPICS
The following list identifies the environmental and permit parameters inspected and gives a categorical evaluation of each
(AR) RECORDS
(HB) HYDROLOGIC BALANCE
PV (FN) FINANCIAL WARRANTY
NA (BG) BACKFILL & GRADING
(PW) PROCESSING WASTE/TAILING---- NA (SF) PROCESSING FACILITIES
(MP) GENL MINE PLAN COMPLIANCE- NA (FW) FISH & WILDLIFE
NA (RD) ROADS
NA (EX) EXPLOSIVES
NA
NA
NA (TS) TOPSOIL---------------- NA
NA (RV) REVEGETATION---- NA
(SM) SIGNS AND MARKERS NA (SP) STORM WATER MGT PLAN---- NA (SB) COMPLETE INSP---- Y
(ES) OVERBURDEN/DEV. WASTE NA (SC) EROSION/SEDIMENTATION--- NA (RS) RECL PLAN/COMP-- NA
(AT) ACID OR TOXIC MATERIALS
NA (OD) OFF -SITE DAMAGE
NA (ST) STIPULATIONS NA
Y = Inspected and found in compliance / N = Not inspected / NA = Not applicable to this operation / PB = Problem cited / PV = Possible violation cited
Inspection Contact Address
Joel Konig
37231 HWY 14
Briggsdale, CO 80611
CERTIFIED MAIL NO. 7008 3230 0002 7253 0077
Return Receipt Requested
Michael Konig
57851 County Road 81
Grover, CO 80729
CERTIFIED MAIL NO. 7008 3230 0002 7253 0091
Return Receipt Requested
Enclosure: Inspection Map; Dated August 11, 2010
CC: Tony Waldron, DRMS
Clay Kimmi, Weld County
Kim Ogle, Weld County
Page 4 of 4
Konig Pit (M-2010-055)
880 Feet
Legend
/ A Disturbed Area
0 220 440
II I I l
Data Collected: August 9, 2010
Map Created: August 11,2010
2009 NAIP Image Source: DRMS S: Drive
Michael Cunningham, DRMS
Hello