Laserfiche WebLink
SETTLEMENT AGREEMENT JUSTIFICATION <br />Western Fuels- Colorado, LLC <br />New Horizon North Mine; C- 2010 -089 <br />Notice of Violation No. CV- 2014 -004 <br />Jeff Graves, Conference Officer <br />Notice of Violation Number CV- 2014 -004 was issued on June 27, 2014 and resulted <br />from significant differences observed between as -built documentation for NHN -001 East <br />and West Ditches as compared to site observations made during a complete inspection <br />and combined OSM oversight inspection conducted on June 3, 2014. The as -built <br />documentation does not accurately replicate observed ground conditions regarding the <br />construction of the NHN -001 East and West Ditches. <br />There was one abatement step to be completed by September 15, 2014. That abatement <br />step involves reconstruction of the NHN -001 East and West Ditches that are currently not <br />in compliance with their original approved designs, or obtain approval of a Technical <br />Revision revising the original approved designs, in compliance with the requirements of <br />Rule 2.05.3(4)(d), so as to conform to the on- the - ground construction. <br />On August 7, 2014, an Assessment Conference was held at the Division of Reclamation, <br />Mining and Safety offices located at 1313 Sherman St., Room 215 Denver, Colorado. In <br />attendance were, in addition to the Conference Officer, Mr. Michael Boulay (by phone) <br />and Mr. Dan Hernandez representing the Division of Reclamation, Mining and Safety. <br />Mr. Chris Gilbreath and Tony Tennyson (by phone) representing Tri-State Generation <br />and Transmission Association, Mr. Jason Storey representing Western Fuels Association. <br />During the meeting, Mr. Boulay provided background information and detailed the nature <br />of the violation. <br />Mr. Gilbreath and Mr. Storey provided information regarding the existing as -built <br />documents and described how certain sections of the ditches were in compliance with the <br />existing as- builts. It was noted by both Mr. Gilbreath and Mr. Storey that there were <br />sections in NHN -001 East and West ditches that were out of compliance with permitted <br />dimensions and channel properties, but that those discrepancies did not significantly vary <br />from the "rough geometry" outlined in the as- builts, nor the required channel capacity. <br />The proposed civil penalty originally determined by the Assessment Officer for CV- <br />2014 -004 was: <br />History <br />$0.00 <br />Seriousness <br />$250.00 <br />Fault <br />$250.00 <br />Number of Days of Penalty Assessed <br />1 Day <br />Good Faith <br />$0 <br />Total proposed penalty $500.00 <br />