| A | B | C | D | E | F | G | H | I | |
|---|---|---|---|---|---|---|---|---|---|
1 | Complaint # | Hearing Date | Event Date | Complaint Received Date | Complainant | Respondent | Final Determination | Violation Type | Complaint Status |
2 | 2018-004 | 3/18/2019 | 12/19/2018 | 12/30/2018 | Tallgrass Energy | Ensminger Construction | Excavating (scraping/grading) was performed without calling in locates. Determined to be a Major Violation. Ensminger Construction fined $1,000, which is waived if either the One Call Basics (in-person) training or the Comprehensive Excavator (online) Course is completed by 9/18/2019. | Major | Resolved - Fine paid |
3 | 2019-001 | 4/24/2019 | 1/30/2019 | 1/31/2019 | Mountain Valley Contracting, Inc. | USIC | USIC did not respond to the ticket correctly and did not perform locates in the timeframe as required by law. This was determined to be a Minor Violation. USIC shall provide to the Safety Commission a written company policy that addresses responses to excavation tickets under the law by 6/30/2019. | Minor | Resolved - Written policy received |
4 | 2018-005 | 5/22/2019 | 1/9/2019 | 1/24/2019 | City of Westminster | Pinnacle Development | Respondent notified the owner of the utility (City of Westminster) as soon as damage occurred. Respondent also notified 8-1-1. Respondent did not violate the Excavation Requirements Act. | N/A | Closed |
5 | 2019-010 | 5/22/2019 | 9/19/2018 | 4/2/2019 | Project Resources Group Consulting | Aspire Landscaping | No determination could be made regarding whether a violation of the Excavation Requirements Act had occurred because the Complainant failed to appear for the hearing. | N/A | Closed |
6 | 2019-013 | 5/23/2019 | 3/17/19 and ongoing | 4/17/2019 | Teresa Frost | Edward Hernandez | Based on the evidence presented, the Review Committee determined that a violation of the Excavation Requirements Act had not occurred. No remedial action was recommended for the Respondent. | N/A | Closed |
7 | 2019-009 | 6/26/2019 | 12/12/2018 | 4/10/2019 | Colorado Pet Fence | USIC | Based on the evidence presented, the Review Committee is persuaded that a violation of the Excavation Requirements Act had occurred. While the Respondent did provide a positive response, reasonable care was not used because they did not locate facilities and damage occurred. This was determined to be a moderate violation. USIC will pay a $500 fine within 60 calendar days after the Safety Commission's Final Determination is issued, no later than September 9, 2019. | Moderate | Resolved - Fine paid |
8 | 2019-011 | 6/26/2019 | 4/6/2019 | 4/10/2019 | Colorado Pet Fence | USIC | Based on the evidence presented, the Review Committee is persuaded that a violation of the Excavation Requirements Act had occurred. While the Respondent did provide a positive response, reasonable care was not used because they did not locate facilities and damage occurred. This was determined to be a moderate violation. USIC will pay a $500 fine within 60 calendar days after the Safety Commission's Final Determination is issued, no later than September 9, 2019. | Moderate | Resolved - Fine paid |
9 | 2019-014 | 6/26/2019 | 4/27/2019 | 4/28/2019 | Colorado Pet Fence | USIC | Based on the evidence presented, the Review Committee is persuaded that no violations of the Excavation Requirements Act occurred. No remedial action was recommended for the Respondent. | N/A | Closed |
10 | 2019-015 | 6/26/2019 | 5/1/2019 | 5/2/2019 | Colorado Pet Fence | USIC | Based on the evidence presented, the Review Committee is persuaded that a violation of the Excavation Requirements Act had occurred because the Respondent did not locate within two business days. This was determined to be a minor violation. USIC will pay a $250 fine within 60 calendar days after the Safety Commission's Final Determination is issued, no later than September 9, 2019. | Minor | Resolved - Fine paid |
11 | 2019-016 | 6/26/2019 | 4/12/2019 | 4/12/2019 | R Nichols Civil Contractors | USIC | Based on the evidence presented, the Review Committee is persuaded that a violation of the Excavation Requirements Act occurred because the Respondent failed to mark the requested site within two business days. While a positive response was generated after the first ticket, the Respondent did not use reasonable care after receipt of the second ticket to ultimately get the site located. Reasonable care on the part of the locator would require that they reach out to the excavator or Colorado 811 beyond the positive response once they realized the issue with the address after the second ticket was received. The Review Committee determined this to be a minor violation because of data management issues. The potential for injury to the public or property was not a factor. No remedial action is recommended. | Minor | Closed |
12 | 2019-004 | 7/17/2019 | 9/1/2018 | 3/8/2019 | Taylor Maurer & Dennis Maurer | USIC and CenturyLink | Based on the evidence presented, the Review Committee is persuaded that there is not a preponderance of evidence that USIC and/or CenturyLink committed a violation of the Excavation Requirements Act. No remedial action is recommended by the Review Committee. | N/A | Closed |
13 | 2019-017 | 7/17/2019 | 4/18/19 - 4/20/19; 4/22/19; 4/27/19; 4/29/19; and 5/2/19 | 5/7/2019 | H&S Excavating | USIC and CenturyLink | Based on the evidence presented, the Review Committee is persuaded that a violation of the Excavation Requirements Act occurred because the Respondent did not locate within two business days. This was determined to be a moderate violation by both, USIC and CenturyLink. USIC will pay a $1,000 fine within 60 calendar days after the Safety Commission's Final Determination is issued. The Review Committee agreed not to impose the maximum fine because USIC has committed to making policy and procedure changes to address this issue in the future. CenturyLink will pay a $500 fine within 60 calendar days after the Safety Commission's Final Determination is issued. | Moderate | Resolved - Fines paid |
14 | 2019-025 | 7/17/2019 | 5/7/2019 | 5/7/2019 | Sturgeon Electric | USIC, Comcast and CenturyLink | The Review Committee dismissed the complaint due to the Complainant's failure to appear. No remedial action is recommended by the Review Committee. | N/A | Closed |
15 | 2019-019 | 8/29/2019 | 5/14/2019 | 5/14/2019 | Sturgeon Electric | USIC, Reconn, Comcast and CenturyLink | The Safety Commission dismissed the complaint prior to the hearing date due to the Complainant's failure to respond to communication and lack of confirmation of their attendance at the hearing. No remedial action is recommended by the Review Committee. | N/A | Closed |
16 | 2019-020 | 8/29/2019 | 5/14/2019 | 5/14/2019 | Sturgeon Electric | USIC, Reconn, Comcast and CenturyLink | The Safety Commission dismissed the complaint prior to the hearing date due to the Complainant's failure to respond to communication and lack of confirmation of their attendance at the hearing. No remedial action is recommended by the Review Committee. | N/A | Closed |
17 | 2019-021 | 8/29/2019 | 5/14/2019 | 5/14/2019 | Sturgeon Electric | USIC, Reconn, Comcast and CenturyLink | The Safety Commission dismissed the complaint prior to the hearing date due to the Complainant's failure to respond to communication and lack of confirmation of their attendance at the hearing. No remedial action is recommended by the Review Committee. | N/A | Closed |
18 | 2019-022 | 8/29/2019 | 5/14/2019 | 5/14/2019 | Sturgeon Electric | USIC, Reconn, Comcast and CenturyLink | The Safety Commission dismissed the complaint prior to the hearing date due to the Complainant's failure to respond to communication and lack of confirmation of their attendance at the hearing. No remedial action is recommended by the Review Committee. | N/A | Closed |
19 | 2019-023 | 8/29/2019 | 5/14/2019 | 5/14/2019 | Sturgeon Electric | USIC, Reconn, Comcast and CenturyLink | The Safety Commission dismissed the complaint prior to the hearing date due to the Complainant's failure to respond to communication and lack of confirmation of their attendance at the hearing. No remedial action is recommended by the Review Committee. | N/A | Closed |
20 | 2019-024 | 8/29/2019 | 5/14/2019 | 5/14/2019 | Sturgeon Electric | USIC, Reconn, Comcast and CenturyLink | The Safety Commission dismissed the complaint prior to the hearing date due to the Complainant's failure to respond to communication and lack of confirmation of their attendance at the hearing. No remedial action is recommended by the Review Committee. | N/A | Closed |
21 | 2019-030 | 8/29/2019 | 5/30/2019 | 6/12/2019 | Colorado PUC Pipeline Safety Program | JEB Electric | Based on the evidence presented, the Review Committee is persuaded that a violation of the Excavation Requirements Act had occurred. This was determined to be a major violation because: The violation was a causal factor in striking a gas facility; and the excavator did not notify Colorado 811 prior to beginning excavation activities. The respondent will pay a $5,000 fine within 60 days of the date of the Final Determination by the Safety Commission. The fine will be reduced to $4,000 if the following remedial actions are completed within 60 calendar days of the date of the Final Determination by the Safety Commission: A. Provide documentation of completion of the Colorado 811, One-Call Basics (101) course by all field employees of the Respondent, including the owner. B. Provide documentation of outreach to electrical trade organizations to raise awareness of the new law and the importance of electrical contractors participating in the Colorado 811 process. At a minimum, the organizations to be contacted include: 1. The National Electrical Contractors Association, Rocky Mountain chapter 2. The Independent Electrical Contractors Rocky Mountain Association 3. The Colorado International Brotherhood of Electrical Workers 4. The International Association of Electrical Inspectors, Rocky Mountain chapter 5. The Electrical Board at the Colorado Department of Regulatory Agencies | Major | Resolved - Fine paid and documentation received |
22 | 2019-038 | 8/29/2019 | 8/1/2019 | 8/3/2019 | Tim Berg | Compass Home Builders | Based on the evidence presented, the Review Committee is persuaded that a major violation occurred due to excavation outside of the limits of the locate ticket without proper notification to the notification association, which is required by 9-1.5-103(3) of the Act. A locate was requested over an entire lot (i.e. 177 Overlook Drive); however, excavation occurred outside of the boundaries of the lot. Additionally, this excavation caused damage to a natural gas facility. The Review Committee recommends that the Respondent pay a $5,000 fine within 60 calendar days after the Safety Commission's Final Determination is issued. The fine will be reduced to $4,000 if the following remedial actions are completed within 60 calendar days after the Safety Commission's Final Determination is issued: Provide documentation of completion of the Colorado 811 One-Call Basics (101) course by all field employees of both the Respondent and H3P, LLC, including the owners of both companies. | Major | Resolved - Fine paid |
23 | 2019-039 | 9/10/2019 | 7/1/2019 | 7/7/2019 | Colorado Pet Fence | USIC CenturyLink | Based on the evidence presented, the Review Committee is persuaded that a violation of the Act occurred. As the facility owner, CenturyLink is responsible for ensuring compliance with Section 9-1.5-103(4)(a)(I). The Review Committee finds that a moderate violation of the Act occurred. The Review Committee recommends that CenturyLink pay a $2,500 fine within 60 days of the date of the Safety Commission's final determination. This was CenturyLink's second violation within the last 12 months. | Moderate | Resolved - Fine paid |
24 | 2019-028 | 9/10/2019 | 6/10/2019 | 6/10/2019 | Colorado Pet Fence | USIC CenturyLink Comcast | Based on the evidence presented, the Review Committee is persuaded that a violation of the Act occurred. As the facility owners, Comcast and CenturyLink are responsible for ensuring compliance with Section 9-1.5-103(4)(a)(I). The Review Committee finds that a moderate violation of the Act occurred. The Review Committee recommends that Comcast shall pay a fine of $1,000 within 60 days after the Safety Commission's Final Determination is issued that will be waived if Comcast submits (within 60 days) a policy to: A. Monitor performance of all locators to ensure locates are performed in a timely manner. B. Ensure communication with the excavator in the event that the locate cannot be completed in a timely manner. This was Comcast's first violation within the last 12 months. The Review Committee recommends that the CenturyLink pay a $2,500 fine within 60 days of the date of the Safety Commission's final determination. This was CenturyLink's second violation within the last 12 months. | Moderate | Resolved - Policy received (Comcast) and fine paid (CenturyLink) |
25 | 2019-041 | 9/10/2019 | 8/9/2019 | 8/10/2019 | Colorado Pet Fence | USIC Comcast | Based on the evidence presented, the Review Committee is persuaded that a violation of the Act occurred. As the facility owner, Comcast is responsible for ensuring compliance with Section 9-1.5-103(4)(a)(I). The Review Committee finds that a moderate violation of the Act occurred. The Review Committee recommends that Comcast shall pay a fine of $1,000 within 60 days after the Safety Commission's Final Determination is issued that will be waived if Comcast submits (within 60 days) a policy to: A. Monitor performance of all locators to ensure locates are performed in a timely manner. B. Ensure communication with the excavator in the event that the locate cannot be completed in a timely manner. This was Comcast's first violation within the last 12 months. | Moderate | Resolved - Policy received |
26 | 2019-042 | 9/10/2019 | 8/5/2019 | 8/10/2019 | Colorado Pet Fence | USIC CenturyLink | Based on the evidence presented, the Review Committee is persuaded that a violation of the Act occurred. As the facility owner, CenturyLink is responsible for ensuring compliance with Section 9-1.5-103(4)(a)(I). The Review Committee finds that a moderate violation of the Act occurred. The Review Committee recommends that CenturyLink pay a $2,500 fine within 60 days of the date of the Safety Commission's final determination. This was CenturyLink's second violation within the last 12 months. | Moderate | Resolved - Fine paid |
27 | 2019-043 | 9/10/2019 | 8/7/2019 | 8/10/2019 | Colorado Pet Fence | USIC Comcast CenturyLink | Based on the evidence presented, the Review Committee is persuaded that a violation of the Act occurred. As the facility owners, Comcast and CenturyLink are responsible for ensuring compliance with Section 9-1.5-103(4)(a)(I). Communication from the Respondents to the Complainant that the locate would not be completed on time and attempting to reschedule is considered a mitigating factor in determining the remedial action. The Review Committee finds that a moderate violation of the Act occurred. The Review Committee recommends that Comcast pay a $500 fine and that CenturyLink pay a $500 fine within 60 days of the date of the Safety Commission's Final Determination. This was Comcast's first violation and CenturyLink's second violation within the last 12 months. | Moderate | Resolved - Fines paid |
28 | 2019-036 | 10/8/2019 | 5/5/2019 | 7/30/2019 | Chris & Kelly Berry | WYCO T&D Construction City & County of Denver | Based on the evidence presented, the Review Committee is persuaded that a moderate violation occurred on the part of the City & County of Denver. The City & County of Denver’s Wastewater Division failed to provide best available information, which includes tap measurements and the location of the sewer lateral; this is a violation of the referenced statute. The Safety Commission suggests that the City and County of Denver’s Wastewater Division do the following as a matter of public safety under §§ 9-1.5-101, et seq., C.R.S.: - Develop a policy that apprises their locators of the statutory requirement to locate taps. - Confirm that their locators have been trained in how to comply with this policy. - Submit documentation showing compliance with these items by January 13, 2020. | Moderate | Resolved - Documentation received |
29 | 2019-026 | 10/24/2019 | 3/27/2019 | 5/28/2019 | Magellan Midstream Partners LP | Trace LLC | Based on the evidence presented, the Review Committee is persuaded that: a violation of the Excavation Requirements Act occurred. The Respondent committed a minor violation of the Act. There was no damage and the work activity involved only involved hydrovac excavation. The Respondent (Trace LLC) shall pay a $250 fine by January 13, 2020. The fine will be waived if the following remedial actions are completed by January 13, 2020: - Submit proof that field supervision has taken the Colorado 811 201 class - Submit documentation that field supervision has reviewed 9-1.5-103(4)(a)(IV) of the Act and understands that facility owners may impose reasonable requirements to be on location during excavation activities across pre-existing underground facilities. | Minor | Resolved - Fine paid |
30 | 2019-040 | 11/5/2019 | 7/19/2019 | 8/9/2019 | Susan Hendrick | Environmental Tree Care LLC | Based on the evidence presented, the Review Committee is persuaded that: a major violation of the Act occurred because the Respondent excavated without securing locates. Environmental Tree Care LLC is assessed a fine of $2,000 for a first major violation. The entire fine may be waived if proof of successful completion of Colorado 811 101 and 201 classes by the ownership and all below-ground personnel at Environmental Tree Care LLC. Proof of course completion or the entire fine must be submitted by January 13, 2020. | Major | Resolved - Training documentation received |
31 | 2019-061 | 11/19/2019 | 7/1/2019 | 10/12/2019 | James Smelley | Comcast | Comcast is assessed a $1,000 fine and must submit proof that they have communicated to subcontractors who conduct excavation on their behalf of their responsibilities under the Act. The fine payment and proof of communication are both due by February 10, 2020. | Major | Resolved - Fine paid and proof of communication received |
32 | 2019-060 | 12/3/2019 | 9/16/2019 | 9/29/2019 | Tim Berg | Compass Homes | The $250 fine is waived, so no remedial action is assessed. The Review Committee’s finding that the Complainant likely brought a frivolous complaint stands. | Minor | Closed |
33 | 2019-048 | 12/17/2019 | 7/30/2019 | 8/21/2019 | Magellan Midstream Partners LP | Korinek Konstruction & Excavating | Korinek Konstruction shall pay a $3,000 fine and provide proof of communication with Schumann Communications and Level 3 Communications regarding the Act and the circumstances of this incident. If Korinek Konstruction provides documentation of completion of the online Colorado 811 Comprehensive Excavator Course, they shall pay a $2,000 fine and provide proof of communication with Schumann Communications and Level 3 Communications regarding the Act and the circumstances of this incident. Proof of required communication and either the $3,000 fine or the $2,000 fine and proof of course completion shall be submitted by March 9, 2020. | Major | Resolved - Fine payment, proof of training and proof of communication received |
34 | 2019-065 | 12/17/2019 | 9/9/2019 | 10/14/2019 | Magellan Midstream Partners LP | John Gillespie | John Gillespie shall complete either the Colorado 811 101 (One Call Basics) course or the Colorado 811 online Comprehensive Excavator course. Proof of course completion shall be submitted by March 9, 2020. | Major | Resolved - Proof of course completion received |
35 | 2019-076 | 2/6/2020 | 11/4/2019 | 11/27/2019 | James Smelley | Comcast | The complaint is dismissed prior to the hearing date because of the Complainant’s failure to respond and lack of confirmation of their attendance at the hearing. | N/A | Closed |
36 | 2019-079 | N/A | 12/16/2019 | 12/16/2019 | Anonymous | InstallSource HughesNet Internet Services | The complaint is dismissed due to lack of receipt of more accurate contact information for the person who submitted this complaint by the February 7, 2020, deadline. | N/A | Closed |
37 | 2019-012 | 2/6/2020 | 9/8/2018 | 4/3/2019 | Brett Arnold | CenturyLink | Based on the evidence presented, the Review Committee is persuaded that a violation of the Excavation Requirements Act had not occurred. No remedial action was recommended for the Respondent. | N/A | Closed |
38 | 2019-078 | 2/27/2020 | 11/11/2019 | 12/10/2019 | Magellan Midstream Partners LP | RMB Fence & Deck | By May 11, 2020, Ron Hurtado shall do one of the following: • Pay a $1,000 fine. • Submit proof of completion of either the One Call Basics (in person) training or the Comprehensive Excavator (online) course. | Major | Resolved - Proof of course completion received |
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