Laserfiche WebLink
Sandy pointed out that Oxbow should have at least contacted the Division about the change in the drilling <br />activity and discussed permitting options. <br />The Proposed Civil Penalty originally determined by the Assessment Officer for CO-2006-001 was: <br />History $0.00 <br />Seriousness (Significant) $500.00 <br />Fault (Negligence) $500.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith 0 <br />Failure to Abate $0.00 <br />Total proposed penalty $1,000.00 <br />After hearing this testimony and considering the evidence presented, I have come to the following <br />conclusions: <br />History <br />A $0.00 penalty is appropriate for history. <br />Seriousness <br />I believe that although a violation to TR 51 did occur, the seriousness was insignificant. A TR was issued <br />for the drilling with no bond calculated, additional holes were allowed to locate the B seam. No resources <br />were damaged in the process. The operator had every intention, and past history indicates such, that the <br />drilling was to be followed up with the necessary completion and abandonment reports and a final as built. <br />Fault <br />I believe that a very low level of negligence is appropriate. The operator should have informed the <br />Division immediately of the field decision to complete one of the drill holes to the D seam to serve as a <br />utility bore hole. All other aspects of the technical revision were being followed. <br />Number of Davs Penalty Assessed <br />I concur with 1 day. <br />Good Faith. <br />Good faith is warranted for this violation due to the rapid response to the Division and cooperation in <br />getting this matter resolved. The operator was served the notice of violation on January 27, 2006 and a <br />minor revision was submitted to the Division 3 days later. The first adequacy review was provided to the <br />operator on February 22, the operator responded by February 23. The second adequacy letter was <br />provided to the operator on March 6 and the operator responded to the Division by March 7, 2006. <br />Settlement Agreement Penalty <br />History $0.00 <br />Seriousness (Significant) $0.00 <br />Fault (Negligence) $250.00 <br />Number of Days Penalty Assessed 1 <br />Good Faith $150.00 <br />Total Penalty $100.00 <br />