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STATE OF COLORADO <br />DIVISION Of MINERALS AND GEOLOGY <br />Dcpanmenl of Natural Resuurces <br />131 S Sherman 51., Rrmm 215 I`I~{~~ <br />Dcnvrr. Colorado AW03 III <br />Phnne.l 1211 Ahh~35fi7 <br />FA% (SO71 tl32~810L <br />DENARTMENT OF <br />NATURAL <br />RESOURCES <br /> Rny Rumer <br /> Gnvernw <br /> lames 5. Luchhead <br />SETTLEMENT AGREEMENT JUSTIFICATION Exec°"""Dire""' <br />Seneca Coal Com an Yoast Mine, C-94-082\CV-97-017 <br />P Y, Michael B Lone <br />ois~~n onecmr <br />James B. McArdle, Conference Officer <br />The Notice of Violation CV-97-017 was served on October 7, 1997 for Exceeding the maximum <br />allowable weight of explosives detonated within one millisecond period. On December 1, 1997, <br />an Assessment Conference was held. In attendance including myself was Mr. Brad Brown, <br />Dennis Jones and Mike Altavilla of Seneca Coal Company also Mr. James Burnell, Larry <br />Routten and Erica Crosby of the Division. <br />Mr. James Burnell, of the Division of Minerals and Geology, presented testimony and <br />documentation regazding use of an incorrect distance factor when calculating the amount of <br />explosives to use. The use of a factor of 60 versus 65 resulted in exceeding the maximum <br />allowable explosive charge during a single blast which occurred at 1:24 PM on June 21, 1997. <br />Even though the incorrect factor was also used on prior blasts, the amount of explosive charge <br />did not exceed the maximum allowable limit. The factor distance factor of 60 is used in certain <br />other states. No damage occurred [o property nor was there a citizen complaint. <br />The Proposed civil penalty for NOV CV-97-O17 was: <br />History $150.00 <br />Seriousness $250.00 <br />Fault $500.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $0.00 <br />Total Civil Penalty Proposed by the Assessment Officer was $900.00 <br />Mr. Michael Altavilla, Seneca Coal Co. Engineering Manager, discussed the blast and the NOV. <br />Seneca had routinely taken seismograph readings at the closest house which was 7,000 feet away <br />from the blast in question. All previous readings including the June 2l, 1997 blast reading were <br />very low. Blasting records were properly completed for all blasts. It was pointed out that all <br />blasting was actually moving farther away from the closest structure. <br />After hearing this testimony and considering the evidence presented, I have come to the <br />