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 |
1 | Complaint # | Hearing Date | Event Date | Complaint Received Date | Complainant | Respondent | Final Determination | Violation Type | Complaint Status |
|---|---|---|---|---|---|---|---|---|---|
2 | 2020-002 | 2/27/2020 | 12/10/2019 | 1/8/2020 | Magellan Midstream Partners LP | Smart Communications | By May 11, 2020, Smart Communications shall do one of the following: • Pay a $1,000 fine. • Submit proof that all Colorado-based Smart Communications field personnel involved in excavation have completed either the One Call Basics (in person) training or the Comprehensive Excavator (online) course. | Major | Major |
3 | 2020-006 | 3/5/2020 | 1/28/2020 | 1/30/2020 | Sinclair Pipeline Co | ECI Buildings and Components LLC | By May 11, 2020, ECI Buildings and Components LLC shall do one of the following: • Pay a $2,500 fine. • Pay a $500 fine and submit proof that company personnel who are involved in excavation have completed the Colorado 811 201 Class - Reasonable Care and CGA Best Practices (in person). | Major | Resolved - Fine paid |
4 | 2020-007 | 3/5/2020 | 12/12/2019 | 2/3/2020 | Black Hills Energy | CG Excavation | By May 11, 2020, CG Excavation shall do one of the following: • Pay a $1,000 fine. • Submit proof that company personnel who are involved in excavation have completed the Colorado 811 201 Class - Reasonable Care and CGA Best Practices (in person). | Moderate | Resolved - Fine paid |
5 | 2020-005 | 4/7/2020 | 1/7/2020 | 1/24/2020 | Magellan Midstream Partners LP | Northern Colorado Concrete | By June 8, 2020, Northern Colorado Concrete shall do one of the following: • Pay a $5,000 fine. • Pay a $1,500 fine, submit proof that Northern Colorado Concrete’s leadership has completed the Colorado 811 Comprehensive Excavator Course and submit proof of a staff education plan. As of August 13, 2020, the new due date for payment of the $5,000 fine is November 15, 2020. As of November 12, 2020, the Safety Commission amended the remedial action recommended by the Review Committee as follows: By December 31, 2020, Northern Colorado Concrete shall do one of the following: • Pay a $1,667 fine* and submit proof that Northern Colorado Concrete’s leadership has completed the Colorado 811 Comprehensive Excavator Course. • Pay the remaining $3,333 fine. *The $1,667 fine payment that Northern Colorado Concrete submitted on September 8, 2020, fulfills this requirement. | Major | Resolved - Reduced fine paid Proof of training completion received |
6 | 2020-054 | 4/7/2020 | 1/20/2020 | 2/18/2020 | Magellan Midstream Partners LP | Anthony Chu | By June 8, 2020, Anthony Chu shall do one of the following:
• Pay a $500 fine. • Submit proof that he has completed either the Colorado 811 One Call Basics or Comprehensive Excavator Course. | Moderate | Resolved - Proof of training completion received |
7 | 2020-072 | 7/30/2020 | 6/3/2020 | 6/12/2020 | BT Construction | USIC CenturyLink | By October 12, 2020, CenturyLink shall pay a $5,000 fine. | Moderate | Resolved - Fine paid |
8 | 2020-074 | 8/6/2020 | 5/28/2020 | 6/24/2020 | Magellan Midstream Partners LP | Crossland Construction | By October 12, 2020, Crossland Construction shall do one of the following: • Pay a $5,000 fine. • Pay a $500 fine, submit proof that Crossland Construction’s Colorado field personnel, including superintendents, have completed either CO 811’s 101 - One Call Basics course or CO 811’s Comprehensive Excavator course, and submit a copy of an internal Best Practice which denotes that Crossland Construction will follow the requirements in the Colorado Excavation Requirements Act and not begin excavation until they receive notification that locates have been completed. | Major | Resolved - Reduced fine paid Proof of training completion and Best Practice received |
9 | 2020-085 | 9/3/2020 | 9/30/2019 | 7/13/2020 | Hastings Brothers Construction | Denver Water | The Review Committee dismissed the complaint, so no remedial action is assessed, and this complaint is now closed. | N/A | Closed |
10 | 2020-086 | 9/3/2020 | 7/7/2020 | 7/21/2020 | South Park Telephone Co | CenturyLink | The Review Committee dismissed the complaint, so no remedial action is assessed, and this complaint is now closed. | N/A | Closed |
11 | 2020-092 | 10/1/2020 | 3/18/2020 | 8/20/2020 | Magellan Midstream Partners LP | Morning Mist Sprinklers & Landscaping Company | By December 7, 2020, Morning Mist Sprinklers & Landscaping Company shall do one of the following: • Pay a $1,000 fine. • Submit proof that Morning Mist Sprinklers & Landscaping Company’s owner and crew leaders performing work in Colorado have completed the Colorado 811 101 - One Call Basics course. | Moderate | Resolved - Fine paid |
12 | 2020-093 | 10/1/2020 | 6/17/2020 | 8/21/2020 | Magellan Midstream Partners LP | Randal Olson | No remedial action is assessed, and this complaint is now closed. | Minor | Closed |
13 | 2020-096 | 10/1/2020 | 7/8/2020 | 8/24/2020 | Magellan Midstream Partners LP | D & M Utility Services | By December 7, 2020, D & M Utility Services shall do one of the following:
• Pay a $1,000 fine. • Submit both of the following: - Proof that the active field crews have completed the Colorado 811 101 - One Call Basics course. - Proof that the management/leadership have completed both the Colorado 811 101 - One Call Basics course and the Colorado 811 201 - Reasonable Care and CGA Best Practices course. | Moderate | Resolved - Proof of training completion received |
14 | 2020-097 | 12/1/2020 | 3/11/2020 | 9/17/2020 | Magellan Midstream Partners LP | Anthony Chu | No remedial action is assessed, and this complaint is now closed. | N/A | Closed |
15 | 2020-099 | 12/1/2020 | 8/27/2020 | 10/7/2020 | Magellan Midstream Partners LP | Anthony Chu | By February 8, 2021, Anthony Chu shall pay a $1,000 fine. | Moderate | Resolved - Fine paid |
16 | 2020-100 | 12/1/2020 | 9/14/2020 | 10/7/2020 | Magellan Midstream Partners LP | Mill Brothers Landscaping | By February 8, 2021, Mill Brothers Landscaping shall do one of the following: • Pay a $250 fine. • Submit proof that at least one key staff person, but preferably all lead or field team supervisors, have completed the Colorado 811 One Call Basics Course. | Minor | Resolved - Proof of training completion received |
17 | 2020-103 | 2/4/2021 | 6/13/2019 | 11/9/2020 | Windstream Communications | Unknown | The complaint is dismissed prior to the hearing date due to lack of Respondent contact information provided by the Complainant. | N/A | Closed |
1 | Complaint # | Hearing Date | Event Date | Complaint Received Date | Complainant | Respondent | Final Determination | Violation Type | Complaint Status |
|---|---|---|---|---|---|---|---|---|---|
2 | 2021-001 | 4/6/2021 | 11/13/2020 | 1/11/2021 | Southwest Metropolitan &
Platte Canyon Water and Sanitation Districts | Superior Underground | By June 7, 2021, Superior Underground shall do one of the following: • Pay a $500 fine. • Pay a $250 fine and submit proof that all Superior Underground personnel who are responsible for submitting locate requests have completed the One Call Basics training course. | Moderate | Resolved - Fine paid |
3 | 2021-006 | 4/29/2021 | 2/4/2021 | 3/2/2021 | Sinclair Transportation Company | John Todd Co | By July 12, 2021, John Todd Co shall do one of the following: • Pay a $1,000 fine. • Pay a $250 fine and submit proof that all John Todd Co site [field] superintendents involved in excavation work and those responsible for scheduling and submitting locate requests have completed the One Call Basics training course. | Moderate | Resolved - Proof of training completion received Reduced fine paid |
4 | 2021-017 | 6/24/2021 | 4/28/2021 | 5/6/2021 | Colorado State University | Stake Center Locating
Xcel Energy | By September 6, 2021, Xcel Energy shall pay a $1,000 fine. | Moderate | Resolved - Fine paid |
5 | 2021-018 | 8/5/2021 | 4/5/2021 | 5/10/2021 | Mancos Rural Water | Paul & Beth Padilla | No remedial action is assessed, and this complaint is now closed. | Moderate | Closed |
6 | 2021-019 | 8/5/2021 | 6/30/2020 | 6/8/2021 | ACEC Colorado | Comcast | No remedial action is assessed because the complaint was dismissed. This complaint is now closed. | N/A | Closed |
7 | 2021-022 | 9/7/2021 | 2/8/2021 | 7/6/2021 | City of Arvada | SEFNCO Communications, Inc | No remedial action is assessed, and this complaint is now closed. | N/A | Closed |
8 | 2021-025 | 9/7/2021 | 7/16/2021 | 7/16/2021 | Kevin Strait | Benjamin Shonkwiler | By November 8, 2021, Benjamin Shonkwiler shall do one of the following: • Pay a $500 fine. • Submit proof of completing both the Colorado 811 101 Class - One Call Basics and the Colorado 811 201 Class - Reasonable Care and CGA Best Practices. | Moderate | Resolved - Proof of training completion received |
9 | 2021-026 | 10/7/2021 | 5/10/2021 | 8/4/2021 | Jack & Terry Matthews | Colorado Forestry & Earthworks, LLC | By December 13, 2021, Colorado Forestry & Earthworks, LLC shall do one of the following: • Pay a $1,000 fine. • Pay a $250 fine and submit proof that all of the Respondent’s employees involved in excavation have completed the Colorado 811 Online Comprehensive Excavator Course. | Major | Resolved -
Proof of training completion received Reduced fine paid |
10 | 2021-027 | 10/7/2021 | 8/8/2021 | 8/24/2021 | Colorado Natural Gas | Knecht Construction & Excavation, LLC | By December 13, 2021, Knecht Construction & Excavation, LLC, shall do one of the following: • Pay a $2,500 fine. • Pay a $2,000 fine and submit proof that Ryan Knecht has completed the Colorado 811 Online Comprehensive Excavator Course. | Major | Resolved - Fine paid |
11 | 2021-037 | 2/22/2022 | 9/30/2021 | 11/30/2021 | Stiles Stables | Simcoe Gas Company | No remedial action is assessed, and this complaint is now closed. | N/A | Closed |
12 | 2021-038 | 3/2/2022 | 12/7/2021 | 12/7/2021 | Baseline Water District | Olson Lawn Services LLC | By May 9, 2022, Olson Lawn Services LLC, shall do one of the following: • Pay a $1,000 fine. • Pay a $500 fine and submit proof that the owner and all of the foremen involved in excavation have completed the Colorado 811 Comprehensive Excavator Course. | Moderate | Resolved - Fine paid |
1 | Complaint # | Hearing Date | Event Date | Complaint Received Date | Complainant | Respondent | Final Determination | Violation Type | Complaint Status |
|---|---|---|---|---|---|---|---|---|---|
2 | 2022-001 | 5/3/2022 | 2/18/2022 | 3/14/2022 | Jordan Urso |
HIE Consulting Engineers | By July 11, 2022, the Respondent, HIE Consulting Engineers, shall do one of the following: • Pay a $3,000 fine. • Pay a $1,500 fine and submit proof that both Respondents have completed both the CO 811 101 Class (One Call Basics) and the CO 811 201 Class (Reasonable Care and CGA Best Practices). | Major | Resolved - Proof of training completion received Reduced fine paid |
3 | 2022-009 | 7/12/2022 | 4/20/2022 | 4/21/2022 | City of Longmont | Montes Construction Comcast | By September 12, 2022, Comcast shall do one of the following: • Pay a $1,000 fine; or • Submit both of the following: ○ A policy that shows they will follow Section 9-1.5-103(4)(c)(I)(A) of the Excavation Requirements statute. ○ Proof that this policy has been shared with their subcontractors. | Moderate | Resolved - Fine paid |
4 | 2022-017 | 8/2/2022 | 4/21/2022 | 6/8/2022 | Colorado Natural Gas | Earth Excavations | By September 10, 2022, the Respondent, Earth Excavations, shall either pay a $1,000 fine OR submit proof of completing both the Colorado 811 101 and 201 classes. | Moderate | Resolved - Proof of training completion received |
5 | 2022-029 | 8/23/2022 | 6/18/2022 | 6/24/2022 | Kelsey & Christopher Granzen | Xcel Energy | By November 7, 2022, the Respondent, Xcel Energy, shall: 1. Pay a $5,000 fine OR submit proof, in writing, that they will produce a PSA by March 1, 2023, that explains what an excavator should do when they find stop tape. 2. Submit proof that they have conducted refresher training with Olameter field employees who conduct locates and that they have reviewed their policies to determine whether to provide similar training to their other contract locating companies. | Major | Resolved - Proof of PSA development receivd Proof of refresher training received |
6 | 2022-032 | 9/1/2022 | 7/21/2022 | 7/22/2022 | Zayo Group | GH Phipps Construction Co. | By November 7, 2022, the Respondent, GH Phipps Construction Co., shall either pay a $250 fine OR submit proof that the superintendent who was on site for the project involved in the complaint has completed the Colorado 811 101 - One Call Basics training course. | Minor | Resolved - Proof of training completion received |
7 | 2022-034 | 11/3/2022 | 8/25/2022 | 8/31/2022 | Mandy Hansen | Harold Doug Wilson | By January 9, 2023, Harold Doug Wilson shall either pay a $500 fine or submit proof of completing the Colorado 811 101 One Call Basics course. | Moderate | Resolved - Proof of training completion received |
8 | 2022-065 | 2/28/2023 | 12/21/2022 | 12/21/2022 | Castle Rock FD | Baxter Construction | 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 |
9 | 2022-060 | 5/25/2023 | 4/4/2022 | 11/21/2022 | Black Hills Corp | JD Hill | 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 |
1 | Complaint # | Hearing Date | Event Date | Complaint Received Date | Complainant | Respondent | Final Determination | Violation Type | Complaint Status |
|---|---|---|---|---|---|---|---|---|---|
2 | 2023-010 | 4/27/2023 | 2/11/2023 | 3/13/2023 | Black Hills Energy | High Plains Grading | By July 10, 2023, the Respondent, High Plains Grading, shall do one of the following: -Pay a $500 fine. -Submit proof that the Owner and Foreman have completed both the Colorado 811 101 - One Call Basics and the 201- Reasonable Care and CGA Best Practices classes. | Moderate | Resolved - Proof of training completion received |
3 | 2023-008 | 5/25/2023 | 3/7/2023 | 3/9/2023 | Colorado Natural Gas | JCB Energy Services | By August 7, 2023, JCB Energy Services shall submit a written document which describes how all personnel, including, but not limited to, operators, bore head locators, crew leads, superintendents and those in any higher positions within the Respondent’s company are trained on safe excavation. By August 7, 2023, JCB Energy Services shall also either: • Pay a $2,000 fine; or • Pay a $1,000 fine and submit proof that the JCB Energy Services operators, bore head locators, crew leads, superintendents and those in any higher positions within the company have completed both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. | Major | Resolved - Proof of training completion received Reduced fine paid Written document received |
4 | 2023-011 | 5/25/2023 | 3/13/2023 | 3/20/2023 | Colorado Natural Gas | JCB Energy Services | By August 7, 2023, JCB Energy Services shall submit a written document which describes how all personnel, including, but not limited to, operators, bore head locators, crew leads, superintendents and those in any higher positions within the Respondent’s company are trained on safe excavation. By August 7, 2023, JCB Energy Services shall also either: • Pay a $2,000 fine; or • Pay a $1,000 fine and submit proof that the JCB Energy Services operators, bore head locators, crew leads, superintendents and those in any higher positions within the company have completed both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. | Major | Resolved -
Proof of training completion received Reduced fine paid Written document received |
5 | 2023-013 | 6/1/2023 | 3/15/2023 | 3/21/2023 | Phillips 66 Pipeline Company LLC | IHC Scott | No remedial action is assessed, so this complaint is now closed. | N/A | Closed |
6 | 2023-014 | 6/1/2023 | 3/3/2023 | 3/22/2023 | BT Construction | CenturyLink USIC | By August 7, 2023, CenturyLink shall pay a $1,000 fine. | Moderate | Resolved - Fine paid |
7 | 2023-017 | 6/27/2023 | 4/14/2023 | 4/15/2023 | Aquascapes Irrigation & Landscaping LLC | Stake Center Xcel Energy | By September 11, 2023, Xcel Energy shall pay a $1,000 fine and submit a copy of their contract locator’s process improvement plan. | Moderate | Resolved - Fine paid Process Improvement plan received |
8 | 2023-023 | 7/27/2023 | 5/2/2023 | 5/8/2023 | Zayo | Trace, LLC/Ikon Fiber Services, LLC | 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 |
9 | 2023-022 | 7/27/2023 | 5/2/2023 | 5/8/2023 | Zayo Group | Denver Concrete Works Inc. | 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 |
10 | 2023-024 | 7/27/2023 | 10/12/2021 | 5/10/2023 | Zayo Group | Denver Concrete Works Inc. | 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 |
11 | 2023-025 | 8/2/2023 | 5/10/2023 | 5/11/2023 | Alert Traffic Control | Alert Traffic Control | By November 13, /2023, Alert Traffic Control shall do one of the following: - Pay a $1,000 fine. - Pay a reduced fine $500 and submit proof that the owner and project managers have completed both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. | Moderate | Resolved - Proof of training completion received Fine paid |
12 | 2023-012 | 8/2/2023 | 3/20/2023 | 3/20/2023 | Apeiron Utility Construction | USIC CenturyLink Comcast | By November 13, 2023, CenturyLink shall do one of the following: - Pay a $2,500 fine. - Pay a reduced fine of $1,250 and submit proof that the project manager and construction project administrator have completed both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. By November 13, 2023, Comcast shall do one of the following: - Pay a $1,000 fine. - Pay a reduced fine $500 and submit proof that the project managers have completed both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. | Moderate | Resolved - CenturyLink fine paid Comcast fine paid |
13 | 2023-032 | 8/29/2023 | 6/1/2023 | 6/9/2023 | JBS Pipeline | Mulhern MRE | By November 13, 2023, Mulhern MRE shall submit proof that the Lead District Engineer has completed ACEC Colorado’s Colorado SUE Training for Governmental Entities and Engineers. | Minor | Resolved - Proof of training completion received |
14 | 2023-037 | 8/29/2023 | 6/23/2023 | 6/26/2023 | K.R. Swerdfeger Construction, LLC | USIC Comcast Mountain View Electric Association CenturyLink | By November 13, 2023, Mountain View Electric Association shall do both of the following: - Pay a $1,000 fine. - Submit proof that their contract locating employees who complete locates in the area near this event have completed both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. | Moderate | Resolved - Fine paid Proof of training completion received |
15 | 2023-039 | 9/26/2023 | 6/28/2023 | 6/28/2023 | HDD Cactus | CenturyLink USIC | 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 |
16 | 2023-046 | 9/26/2023 | 7/19/2023 | 7/21/2023 | Jeannette Jones | E.A. Proscapes | By December 24, 2023, E.A. Proscapes shall do one of the following: -Pay a $5,000 fine. -Pay a $2,500 fine and submit proof that all of their employees have completed the iLearn811 – Excavator Course (Comprehensive Excavator Course). | Major | Resolved - Reduced fine paid Proof of training completion received |
17 | 2023-053 | 9/26/2023 | 8/1/2023 | 8/2/2023 | Columbine Hills Construction LLC | USIC CenturyLink Comcast | Based on the evidence presented, the Review Committee is persuaded that no violation of the Act occurred by the Respondent. No remedial action is assigned. | N/A | Closed |
18 | 2023-056 | 10/5/2023 | 7/27/2023 | 8/4/2023 | T. Lowell Construction | Stake Center Zayo Bandwidth | No remedial action is assigned. | Minor | Closed |
19 | 2023-057 | 10/5/2023 | 8/7/2023 | 8/8/2023 | Jill Butryn | Joe & Christi Siats | By January 8, 2024, Joe and Christi Siats shall do one of the following: -Pay a $1,000 fine. -Pay a $500 fine and submit proof that Joe and Christi Siats have completed both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. | Moderate | Active - Forwarded to Attorney General |
20 | 2023-058 | 10/5/2023 | 7/28/2023 | 8/9/2023 | James Edens | Glenn Thornton | By January 8, 2024, Glenn Thornton shall do one of the following: -Pay a $5,000 fine. -Pay a $2,500 fine and submit proof of completing both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. | Major | Active - Forwarded to Attorney General |
21 | 2023-060 | 10/5/2023 | 8/12/2023 | 8/22/2023 | Porter Handyman Services LLC | Olameter Xcel Energy | The complaint was dismissed because the Complainant failed to appear. | N/A | Closed |
22 | 2023-062 | 11/30/2023 | 6/5/2023 | 9/5/2023 | Pueblo West Metropolitan District | CenturyLink/Lumen | By February 12, 2024, CenturyLink shall do all of the following: -Pay a $5,000 fine; -Submit a policy which details their procedure for providing their contract locator with complete and accurate underground facility information; and -Provide a specified implementation timeline for communicating this policy to their contract locator. | Moderate | Resolved - Fine paid Policy and timeline submitted |
23 | 2023-064 | 11/30/2023 | 9/11/2023 | 9/11/2023 | Jayme Lor | Martinez Associates Triax Engineering | By February 12, 2024, Martinez Associates shall pay a $1,000 fine. The $1,000 fine can be waived if they: -Submit a policy which describes how they will communicate to their subcontractors the requirement for their subcontractors to submit their own locate requests; and -Submit proof that their project manager/field coordinator who works with their subcontractors has completed both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. By February 12, 2024, Triax Engineering shall pay a $1,000 fine. The $1,000 fine can be waived if they: -Submit a copy of their policy regarding submitting their own locate requests; and -Submit proof that their drilling crew supervisor has completed both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. | Moderate | Resolved - Triax Engineering proof of training completion receivedand policy submitted Martinez Associates proof of training completion received and policy submitted |
24 | 2023-065 | 12/7/2023 | 10/4/2023 | 10/4/2023 | Apeiron Utility Construction | USIC CenturyLink | No remedial action is assigned. | N/A | Closed |
25 | 2023-066 | 12/20/2023 | 10/23/2023 | 10/24/2023 | Hollingsworth Associates, Inc. | Xcel Energy Olameter | By 3/11/2024, Xcel Energy shall pay a $2,500 fine. | Moderate | Resolved - Fine paid |
26 | 2023-067 | 12/20/2023 | 11/2/2023 | 11/2/2023 | Glenn E. Sessions & Sons, Inc. | USIC Mountain Parks Electric | By 3/11/2024, Mountain Parks Electric shall pay a $5,000 fine. | Major | Resolved - Fine paid |
27 | 2023-068 | 12/20/2023 | 11/2/2023 | 11/3/2023 | Alt E Wind and Solar | Xcel Energy | No remedial action is assigned. | N/A | Closed |
28 | 2023-063 | 12/21/2023 | 4/18/2023 | 9/7/2023 | Alexandra Alexander | Danielle Archuleta | By 3/11/2024, Danielle Archuleta shall either pay a $500 fine or submit proof of completing the Colorado 811 101 Class - One Call Basics. | Moderate | Resolved - Proof of training completion received |
29 | 2023-070 | 1/30/2024 | 10/18/2021 | 11/22/2023 | Holy Cross Energy | Ranger Underground | No remedial action is assigned. | N/A | Closed |
30 | 2023-072 | 1/30/2024 | 10/30/2023 | 11/30/2023 | BT Construction | USIC TDS Telecom | By April 8, 2024, TDS Telecom shall do both of the following: -Pay a $2,500 fine. -Submit proof that the personnel who conduct their locates in the event area have completed both the Colorado 811 101 Class - One Call Basics and the 201 Class - Reasonable Care and CGA Best Practices. | Major | Active - Fine paid |
1 | Complaint # | Hearing Date | Event Date | Complaint Received Date | Complainant | Respondent | Final Determination | Violation Type | Complaint Status |
|---|---|---|---|---|---|---|---|---|---|
2 | 2024-001 | 2/27/2024 | 12/27/2023 | 1/2/2024 | Advanced Broadband Solution | USIC CenturyLink Comcast | By 5/13/2024, CenturyLink shall pay a $75,000 fine. By 5/13/2024, Comcast shall pay a $25,000 fine. | Major | Active |
3 | 2024-004 | 4/4/2024 | 11/2/2022 | 2/20/2024 | St. Vrain Sanitation District | All American Services | By 6/10/2024, St. Vrain Sanitation District shall do one of the following: - Pay a $500 fine; or - Submit proof that their locator and locate supervisor have completed both the Colorado 811 101 Class - One Call Basics and 201 Class - Reasonable Care and CGA Best Practices. By 6/10/2024, All American Services shall do one of the following: - Pay a $500 fine; or - Submit proof that their excavator operator and field supervisor have completed both the Colorado 811 101 Class - One Call Basics and 201 Class - Reasonable Care and CGA Best Practices. | Moderate | Active |
4 | 2024-005 | 4/4/2024 | 2/20/2024 | 2/21/2024 | Vernon Thorn | Town of Aguilar | No remedial action is assessed, so this complaint is now closed. | N/A | Closed |