2011-11-09_ENFORCEMENT - C1982056 ‎(2)‎

• Permit No: C1982056
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 11/9/2011
• Doc Name: Notice of Violation Settletment Agreement
• From: DRMS
• To: Twentymile Coal Company
• Violation No.: CV2011005
• Email Name: JDM
• Media Type: D
• Archive: No

SETTLEMENT AGREEMENT JUSITIFICATION
Twentymile Coal. LLC
Foidel Creek Mine; C -1982 -056
Notice of Violation No. CV- 2011 -005
Bruce Stover, Conference Officer
Notice of Violation Number CV- 2011 -005 was issued on 18- August -2011 to
Twentymile Coal LLC, the permittee (TCC). The violation was issued for failure to place
all underground development waste in existing disposal areas approved by the Division
within the Permit Area; failure to dispose of non -coal wastes in a State approved disposal
site operated in accordance with local, State, and Federal requirements; failure to conduct
all coal mining and reclamation operations only as described in the approved application;
failure to comply with the terms and conditions of the permit, all applicable performance
standards of the Act, and the requirements of the rules.
A detailed abatement plan was developed by TC and approved by the Division on 26-
September -2011, the time of performance of which was extended on 3- October -2011 for
all abatement work to be completed by 24- October, 2011. All abatement work identified
in the approved plan was performed diligently and completed on or before 24- October-
2011. The violation was terminated on 19 October 2011.
On 28- October -2011, 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. Jason
Musick and Mr. Dan Hernandez representing the Division of Reclamation, Mining and
Safety and Mr. Jerry Nettleton, representing Twentymile Coal, LLC.
Jason Musick and Dan Hernandez provided background and detailed the nature of the
violation including follow -up measures that have been implemented to date.
Mr. Jerry Nettleton discussed the issues and events, and the alleged breach of contract by
a subcontractor that led to the violation. An NOV summary was presented by Mr.
Nettleton at the hearing, which was reviewed and discussed by all present during the
course of the assessment conference. As a result of these discussions the Notice of
violation was upheld, however, the civil penalty originally proposed by the Division was
reduced by 50 %. This amount of reduction requires concurrence by the Division Director.
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