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STATE OF COLOI~DO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />Lorencito Coal Company, LLC <br />Lorencito Canyon Mine-Permit No: C-1996-084 <br />Notice of Violation No: CO-2001-015 <br />James B. McArdle, Conference Officer .~'~!¢" <br />The Cessation Order CO-2001-014 was issued on November 7, 2001 again for conducting <br />blasting operations without the supervision of a certified blaster who holds a valid blaster <br />certification issued by the State of Colorado. <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MINING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Eaecu[ive Director <br />Hlichael B. Lang <br />Division Director <br />On January 7, 2002, an Assessment Conference was held at 1313 Sherman Street, Room 215, <br />Denver, Colorado. In attendance, in addition to the Conference Officer, was Mr. Kent Gorham <br />representing the Division and Mr. Scott Harman of Buckley Powder Company. Kent presented <br />testimony outlining the details of the violation as outlined above. The Colorado Certification <br />Exam for three employees was to have been completed by Monday, November 5. Mr. Chris <br />Cicchi, Buckley Powder Company, supervised blasting operations at the mine on November 5 <br />and 6, 2001, prior to receiving final test results, the test results were not finalized and reported to <br />Buckley Powder Company until November 8. The Cessation Order was terminated on <br />November 9, 2001. <br />Mr. Scott Harman pointed out that James Phillips was no longer available to supervise the <br />blasting operations at the Lorencito Canyon Mine. The blasting schedule required that blasting <br />occur on November 6. It was understood by Buckley that the 5th part of the test would be <br />graded on Monday November 5. As most of the test had been graded, Buckley Powder <br />Company, proceeded to conduct blasting operations at this coal mine prior to receipt of final test <br />results and termination of the cessation order. <br />The Proposed Civil Penalty by the Assessment Officer for NOV CO-2001-015 is: <br />History $0.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith 0 <br />Total proposed penalty $0.00 <br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />