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SETTLEMENT AGREEMENT JUSTIFICATION <br /> NOV C-93-106 <br /> Notice of Violation C-93-106 was issued for "Failure to backfill <br /> and properly manage underground openings to prevent access by <br /> people." Larry Routten issued the NOV on July 7, 1993 to Mid- <br /> Continent Resources (MCR) at the Coal Basin Mines. The NOV <br /> applied to the two weep holes at the coal stockpile and conveyor <br /> area. Larry explained that two coal chutes had been removed 3-4 <br /> weeks earlier leaving concrete frame openings approximately <br /> 201x201x30' deep. Conveyors were in the hole and MCR was <br /> attempting to sell them. The holes were surrounded by rebar <br /> corner stakes with surveyors tape stretched from one corner to <br /> the next. Mine personnel work only during daytime hours. <br /> MCR representatives contested the violation. They felt the <br /> openings were adequately marked to prevent access by people. <br /> Furthermore, the mine site access roads are well marked and <br /> notify people of potential hazards. Reclamation and removal of <br /> mine structures is an inherently dangerous task and during the <br /> course of such operations there will be hazardous situations. To <br /> immediately fill in the holes would mean the loss of valuable <br /> equipment. Therefore, to minimize the danger, MCR marked the <br /> holes with surveyors tape. <br /> Based on the information presented, I believe it is unlikely that <br /> a person would have accessed the openings. However, if an <br /> attempt were made, I don't think the surveyors tape would provide <br /> adequate protection. Therefore, I will uphold the NOV. <br /> The proposed civil penalty was: <br /> History $50.00 <br /> Seriousness $250.00 <br /> Fault $250,00 <br /> Good Faith $550.00 <br /> Total $0.00 <br /> I agree with the proposed civil penalty. <br />