Laserfiche WebLink
STATE, 0~= CC~LORADU <br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />Drpann,enl ri Natural Resources <br />~~R <br />I } I } jherman $L, Room :I 5 <br />Drover. Colorado 80103 <br />rhone~ cost aae-a,F~ <br />f:~x. aosl a}~~aloe <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />Golden Eagle Nline-Permit Number C-1981-013 <br />Notice of Violation # CV-2000-009 <br />James B. McArdle, Conference Officer ~~ <br />DIVISION O F <br />MINERALS <br />GEOLOGI' <br />R E C L A M A 7 1 f) N~. <br />MI NING•$AfETY"" <br />Bill Gwem <br />Governor <br />Greg E. Walther <br />E+ecunvc Dmctor <br />`mchacl B. lung <br />D,~~„o~ D„eao, <br />The Notice of Violation CV-2000-009 was issued on November 1, 2000 after a si[e inspection <br />conducted on October 25, 2000. The NOV was issued for a failure to prevent adverse effects of <br />mining operations; failure to conduct underground mining activities to preven[ subsidence from <br />causing material damage to the surface, to the extent technologically and economically feasible, <br />so as to maintain the value and reasonably Yoreseeable use of surface lands. <br />• <br />On January 9, 2001, an Assessment Conference was held at 1313 Sherman Street, Room 215, <br />Denver, Colorado. In attendance, in addition to the Conference Officer, was David Berry and Steve <br />Brown representing the Division, Bob Montgomery and Scot Anderson representing Basin Resources and <br />on the speaker phone were the landowners Jim and Ann Tatum with Walton Moms representing the <br />landowners. <br />Mr. David Berry presented testimony and documentation in the form of the NOV and photo's <br />showing recent damage to a residence, pasture and water line. Mr. Berry also pointed out that <br />both the District Court and IBLA previously ruled that coal mine subsidence had damaged [he <br />residence. The Division was contacted by the landowner regarding new damage that was not <br />addressed by the prior rulings. The Division issued the Notice of Violation based upon new <br />damage to the house and a domestic water line. The state did direct Basin resources to repair the <br />water line and this repair was completed with due diligence. The Damage inspected by the <br />Division was consistent with prior damage. Mr. Berry recommended tha[ the Conference Officer <br />find that the NOV was reasonable and proper. <br />The Proposed Civil Penalty by the Assessment Officer for NOV CV-2000-009 is: <br />History 500.00 <br />Seriousness 51250.00 <br />Fault 5750.00 <br />Number of Days Penalty Assessed l <br />Good Faith 0 <br />Mr. Scot Anderson disputed the fact of the violation. Cosmetic repairs were completed in the <br />• 1993-1995 time frame. The repair of the pipeline occurred as soon as was possible. Mr. <br />Anderson stated that Basin and the courts are in disagreement regarding the cause of the damage. <br />rV(r. Anderson further stated that Basin has compensated the owners in the amount of 540,000 <br />