2008-10-09_ENFORCEMENT - C1981019

Home Browse Search

SETTLEMENT AGREEMENT JUSITIFICATION Colowyo Coal Company Colowyo Mine; C-1981-019 Notice of Violation No. CV-2008-003 Anthony Waldron, Conference Officer Notice of Violation Number CV-2008-003 was issued on July 23, 2008 and resulted from failure to obtain proper approval for the design of the Section 16 Pond Ditch extension and failure to demonstrate compliance with Rule 4.05.9(2) for Section 16 Pond. There were three abatement steps to be completed by September 15, 2008. Abatement step No. 1 was to obtain proper approval for the section 16 Pond Ditch extension from the Division. Step No. 2 was to halt construction until proper approval was obtained and Step 3 was to not allow water to be directed onto the Section 16 Pond Ditch extension until proper approval was obtained. The violation has been terminated. On October 3, 2008, an Assessment Conference was held at the Division of Reclamation, Mining and Safety Offices located at 1313 Sherman Street, Room 215 in Denver, Colorado. In attendance were, in addition to the Conference Officer, Mr. Jim Stark and Ms. Sandra Brown representing the Division of Reclamation, Mining and Safety and Mr. Tay Tonozzi and Mr. Kurtis Blunt representing Colowyo Coal Company. Jim Stark provided background and detailed the nature of the violation including follow up measures that have been implemented. Tay Tonozzi and Kurtis Blunt discussed the events that led to the operator failing to obtain proper approval prior to beginning installation of the Section 16 Pond Ditch extension. The proposed civil penalty originally determined by the Assessment Officer for CV- 2007-003 was: History $0.00 Seriousness $750.00 Fault $500.00 Number of Days of Penalty Assessed 1 Good Faith $0.00 Total proposed penalty $1250.00 After hearing this testimony and considering the evidence presented, I have come to the following conclusions: