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STATE OF COLORP~DO <br />DIVISION OF MINERALS AND GEOLOGY <br />Uepanmem ni Natural Resources <br />l i l l Sherman 51., Ruum ? I S <br />Denver, Colorado B(1?Ol <br />Phone: 1311 U Nbh-1567 <br />FAY: 11(1 ^ H i'-7410h <br />SETTLEMENT AGREEMENT JUSTIFICATION <br />Bowie Resources, Ltd., Bowie Number 2 Mine, C96-083\CV-97-013 <br />James B. McArdle, Conference Officer q-Ll~G~ <br />/~'~ <br />I~~~~ _. <br />llEPARTMENT OF ~' <br />NATURAL <br />RESOURCES <br />Roy Humor <br />Govemnr <br />lames 5. Lnchheal <br />Eaeruuve Direrbu <br />Michael B Long <br />Divivnn Director <br />The Notice of Violation CV-97-013 was served on August 12, 1997 for failure to comply with <br />the blasting regulations concerning proper notification and blasting records. <br />Mr. Joseph Dudash, of the Division of Minerals and Geology, presented testimony and <br />documentation regazding complaints received by the Division regarding a blast that occurred on <br />July l8, 1997. A subsequent review of the records identified the following regulatory problems: <br />1) Publication of the blasting schedule was published 6 days prior to the blast, not the <br />required 10 days notice per 4.08.3(1)(a). <br />2) The blasting schedule is required to be delivered to each residence within''/x mile of the <br />blast per 4.08.3(1)(b). Two renters did not get a copy of the blasting schedule. <br />3) As a result of regulatory problem #2, renters did not receive notification of the meaning <br />of blasting signals per 4.08.4(3). <br />4) Blasting records were incomplete as required by 4.08.5(3),(5) and (16). <br />Of note, the Division staff could not find any physical evidence of flyrock as reported in the <br />complaint nor was there any physical damage to structures or property. <br />The Proposed civil penalty for NOV CV-97-013 was: <br />History $0.00 <br />Seriousness $1,250.00 <br />Fault $250.00 <br />Number of Days Penalty Assessed l <br />Good Faith $0.00 <br />Total Civil Penalty Proposed by the Assessment Officer was $1,500.00 <br />Mr. Jim Stover,PE, representing Bowie Resources, Ltd., discussed the blast and the NOV. The <br />owner of the buildings located within the'/z mile of the July 18th blast was notified, the operator <br />had inadvertently failed to notify the tenants of the building. The operator had anticipated that all <br />blasting would be much farther than'/x mile of residences, however, a few large boulders were <br />encountered that required blasting demolition prior [o removal, thus the July 18 blast. <br />