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<br />SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-118 <br />Notice of Violation C-93-118 was issued for °Failure to conduct <br />surface blasting activities in compliance with all applicable <br />federal and state laws and the requirements of Rule 4.08". Steve <br />Shuey issued this NOV to Somerset Mining Company based on an <br />August 12, 1993 inspection. The NOV was issued on August 20, <br />1993. Mr. Shuey explained that Somerset was in the process of <br />expanding the gob pile. Some large boulder were excavated that <br />they blasted in order to move them. State Highway 33 is within <br />400 feet of the blasting area. There were no notifications or <br />signs posted as required by Rule 4.08. Since the blast was less <br />than five (5) pounds of explosive Rule 4.08.3 was exempt. <br />Mr. Walter Wright, representing Somerset Mining Company, verified <br />that a couple of blasts had occurred. In total only 1 stick of <br />explosives were used. This amounts to less than one-quarter <br />pound of explosive. The man conducting the blast was very <br />knowledgeable. He is a certified shot-firer, mine foreman and <br />fire boss. He also holds electrical certification papers. <br />Precautions were taken. People were stationed around the <br />perimeter of the blast area and no one was allowed near the <br />blast. Mr. Wright was under the impression that since the level <br />of explosive was so small and the blast was in conjunction with <br />an underground mine that the requirements of Rule 4.08 did not <br />apply. <br />Mr. Wright requested a reduction in the proposed civil penalty. <br />The proposed civil penalty was: <br />History $250.00 <br />Seriousness $1000.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $1500.00 <br />History <br />The operator agreed with the assessed amount. <br />Seriousness <br />Mr. Wright felt this component was too high. The proposed <br />penalty was based on the assumption that the person conducting <br />the blast was not certified to use explosives or knowledgeable in <br />their use. As stated above, the person was very knowledgeable <br />and held certifications for shot-firers, fire boss, electrical <br />and mine foreman. Copies of the certifications were presented in <br />the conference. The person was very experienced, although he was <br />not a "certified blaster". There was no damage resulting from <br />the blasts. <br />Based on the information presented in the conference, I believe a <br />