ENFORCE23745

• Permit No: C1996084
• IBM Index Class Name: Enforcement
• Doc Date: 9/3/2002
• Doc Name: Settlement Agreement Justification
• From: DMG
• To: Lorencito Coal Company
• Violation No.: CV2002009
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
SETTLEMENT AGREEMENT JUSTIFICATION
Lorencito Coal Company, LLC
Lorencito Canyon Mine-Permit No: C-1996-084
Notice of Violation No: CV-2002-009 ~,//~
James B. McArdle, Conference Officer~T^r
DIVISION O
MINERAL
IGEOLOG~
REC LAMATIO
MINING•SAFETY
Bill Owens I
Governor
Greg E. Walther I
&ecudve Director
Ronald W. Cattany
Acting Divi<ion Director
The Notice of Violation CV-2002-009 was issued on June 17, 2002 for failure to conduct surface
blasting operations in accordance with the Colorado Surface Coal Mining Reclamation Act,
Regulations of the Colorado Mined Land Reclamation Board and the Division of Minerals and
Geology Permit.
On August 23, 2002, an Assessment Conference was held at 1313 Sherman Street, Room 215,
Denver, Colorado. In attendance, in addition to the Conference Officer, was Mr. Kent Gorham
representing the Division and Mr. Eric Addington, Manager for the Lorencito Canyon Mine. Kent
presented testimony outlining the details of the violation as outlined in a 5 page NOV attachment
detailing blasts 103-02, 104-02, 105-02, 106-02, 107-02 and 108-02. Additional details
pertaining to this NOV can be found in the Investigative Report prepared by Daniel Hernandez
on June 17, 2002. Essentially, blasts varied from the permit by maximum number of drill holes,
depth of drill holes, average weight of explosives per drill hole, total weight of explosives used in
the blast, blast pattern, use of a seismograph (without recent calibration), use of an electric
initiation system, and time delays,
Eric discussed the permit and pointed out that the company intended to provide a typical blast.
Not do each and every blast the same, as conditions varied across the permit area. It was noted
that the amount of explosives used was less than the permit would have allowed. Even though
the permit did not require a seismograph, the company put one out recognizing that the
calibration was out of date.
The Proposed Civil Penalty originally determined by the Assessment Officer for NOV CV-2002-
009 was:
History $650.00
Seriousness $500.00
Fault $750.00
Number of Days Penalty Assessed 1
Good Faith 0
Total proposed penalty $1900.00