Laserfiche WebLink
SETTLEMENT AGREEMENT JUSTIFICATION <br />Bowie Resources Limited~Bowie No.2 Mine-C-96-083 <br />Notice of Violation # CV-99-004 <br />James B. McArdle, Conference Officer <br />The Notice of Violation CV-99-004 was issued on April 15, 1999 for the following reasons: <br />*Fallure to achieve the required compaction on one section of the coal refuse pile. <br />*Fallure to have approved geotechnical designs for the addition of subsoil in with the placed coal <br />refuse material. <br />*Failure to perform any compaction testing for the bottom 20 feet of placed material. <br />On July 6, 1999, an Assessment Conference was held at 1313 Sherman Street in Denver. Mr. <br />Joe Dudash presented testimony and photographic documentation regazding the Notice of <br />Violation. Compaction tests performed after the lower lift construction was completed indicated <br />that the required compaction was not achieved throughout the 20 foot section of refuse pile. The <br />inclusion of subsoil into the pile might change the material properties and was not included <br />within the mine permit as acceptable practice. Compaction testing was not performed on the first <br />20 feet of the refuse pile as the pile was being constructed. Applicable rules were reviewed by all <br />parties. <br />The Proposed Civil Penalty by the Assessment Officer for NOV CV-99-004 is: <br />History 0 <br />Seriousness $750.00 <br />Fault $750.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith 0 <br />Mr. Stover provided the Division with a letter from Lambert and Associates dated June 22, 1999. <br />This was the first time the Division had seen this letter and time was taken to review and discuss <br />its contents. Basically, Lambert and Associates believe that the tests which were reported to be <br />below the required compaction were anomalies and not representative of the overall pile <br />compaction and that the operator had achieved the required compaction. Mr. Stover stated that <br />he was the engineer on site and that proper construction techniques were being utilized at all <br />times to insure proper compaction. Mr. Stover stated that compaction was met, the utilization of <br />some subsoil posed no geotechnical problem with the refuse pile and that compaction testing was <br />not required during the first 20 feet. <br />Mr. James Pendleton was asked to review the new letter from Lambert and Associates. He <br />disagreed with combining figures to come up with higher compaction densities. However, <br />having reviewed all of the prior documentation together with this letter he feels that the coal <br />refuse pile will be stable when constructed according to the plan and subsequent revisions. <br />