{"operation":"document","citation":"CPF 52024002NOPV","title":"WALDEN, TOWN OF — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-01-29","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.5(a), 191.9(a), 192.605(a), 192.617(a), 192.805(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024002nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024002nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024002nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52024002NOPV","body":"Notice of Probable Violation involving WALDEN, TOWN OF. PHMSA's enforcement data identifies the cited regulations as 191.5(a),  191.9(a),  192.605(a),  192.617(a),  192.805(b). The case was opened on 2024-01-29 and is reported as closed as of 2025-06-27. Proposed civil penalty: $81,800. Assessed civil penalty: $16,360. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52024002NOPV_Closure Letter_06272025_(22-258385).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_Closure%20Letter_06272025_(22-258385).pdf\n\n52024002NOPV_Closure Letter_06272025_(22-258385)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_Closure%20Letter_06272025_(22-258385)_text.pdf\n\n52024002NOPV_Consent Agreement and Order_09192024_(22-258385).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_Consent%20Agreement%20and%20Order_09192024_(22-258385).pdf\n\n52024002NOPV_Consent Agreement and Order_09192024_(22-258385)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_Consent%20Agreement%20and%20Order_09192024_(22-258385)_text.pdf\n\n52024002NOPV_Operator Response to Notice and Request for Hearing_02272024_(22-258385).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing_02272024_(22-258385).pdf\n\n52024002NOPV_PCP PCO_01292024_(22-258385)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_PCP%20PCO_01292024_(22-258385)_text.pdf\n\n52024002NOPV_PCP PCO_01292024_22-258385.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_PCP%20PCO_01292024_22-258385.pdf\n\n52024002NOPV_PHC Hearing Canceled_09192024_(22-258385).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_PHC%20Hearing%20Canceled_09192024_(22-258385).pdf\n\n52024002NOPV_PHC Hearing Canceled_09192024_(22-258385)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_PHC%20Hearing%20Canceled_09192024_(22-258385)_text.pdf\n\n52024002NOPV_PHC Hearing Scheduled_04122024_(22-258385).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_PHC%20Hearing%20Scheduled_04122024_(22-258385).pdf\n\n52024002NOPV_PHC Hearing Scheduled_04122024_(22-258385)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024002NOPV/52024002NOPV_PHC%20Hearing%20Scheduled_04122024_(22-258385)_text.pdf\n\n52024002NOPV_PHC Hearing Canceled_09192024_(22-258385)_text.pdf\n\nDate: September 19, 2024\nFrom: Larry White\nTo: File\nRe: Cancelation of Hearing, Town of Walden\nCPF No. 5-2024-002-NOPV\nOn September 19, 2024, PHMSA issued a Consent Agreement and Order which resolved this case\nwithout any need for a hearing. Therefore, the previously scheduled hearing is automatically\ncanceled.\n\n52024002NOPV_Closure Letter_06272025_(22-258385)_text.pdf\n\nVIA ELECTRONIC MAIL TO: timo.townofwalden@gmail.com\nJune 27, 2025\nTim Oberbroeckling\nMayor\nTown of Walden\n513 Harrison St.\nPO Box 489\nWalden CO, 80480\nCPF 5-2024-002-NOPV\nClosure Letter\nDear Mayor Oberbroeckling:\nOn September 19, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued a Consent Order incorporating the terms of the Consent Agreement between PHMSA and\nthe Town of Walden in the above-referenced case. This Order included a Compliance Order\nrequirement for the Town of Walden to take certain corrective actions on its pipeline.\nPer the terms of the Consent Agreement, the Consent Agreement would terminate once the Town\nof Walden addressed the deficiencies indicated by the Close Interval Survey (CIS), which was\nperformed from July 8, 2024 to July 9, 2024. On June 17, 2025, Pinedale Natural Gas, the\ncontractor managing the Town of Walden’s natural gas distribution system, submitted\ndocumentation to PHMSA demonstrating the deficiencies indicated by the CIS had been\nremediated.\nAccordingly, the Consent Agreement is terminated, and this case is now closed. Thank you for\nyour cooperation in this matter.\n\n\n\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Luo (#22-258385)\nSteve Shute, Pipeline Operator Managing Town of Walden’s Gas Distribution System-\nSteve@pipeline.group\nCasey Hensley, COPUC Program Manager - Casey.Hensley@state.co.us\n\n52024002NOPV_Consent Agreement and Order_09192024_(22-258385)_text.pdf\n\nSeptember 19, 2024\nVIA ELECTRONIC MAIL TO: timo.townofwalden@gmail.com\nTim Oberbroeckling\nMayor, Town of Walden\n513 Harrison Street\nPO Box 489\nWalden, Colorado 80480\nRe: CPF No. 5-2024-002-NOPV\nDear Mayor Oberbroeckling:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Town of\nWalden, which was executed on September 11, 2024. Service of the Consent Order and Consent\nAgreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgment of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Consent Agreement and Consent Order\nCc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nCasey Hensley, Program Manager, Colorado Public Utilities Commission,\nCasey.Hensley@state.co.us\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nTown of Walden, Colorado, ) CPF No. 5-2024-002-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated January 29, 2024, the Pipeline and Hazardous Materials Safety Administration,\nOffice of Pipeline Safety (PHMSA), issued a Notice of Probable Violation, Proposed Civil\nPenalty and Proposed Compliance Order (Notice) to Town of Walden, Colorado (Respondent).\nIn response to the Notice, Respondent requested a hearing on Items 1, 2, 3, 4, and 5, contesting\nthe underlying violations, the proposed civil penalties and the proposed compliance order as\nalleged within the Notice. Respondent also asked for an opportunity to meet informally with\nPHMSA to discuss the Items in the Notice. Respondent and PHMSA (the Parties) subsequently\nmet to discuss the issues raised in the Response. As a result of those discussions, as explained in\nmore detail below, the Parties have agreed to a Consent Agreement by which PHMSA makes\nfindings of violation for Items 1, 3, and 4, issues a warning for Items 2 and 5, and assesses a civil\npenalty in the amount of $16,360, and Respondent will complete certain compliance actions.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. Town of Walden is hereby ordered to comply with the terms of the Consent\nAgreement pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with\nthis Consent Order may result in the assessment of additional civil penalties as set forth in 49\nU.S.C. § 60122 and 49 C.F.R. § 190.223, or in referral to the Attorney General for appropriate\nrelief in a district court of the United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nSeptember 19, 2024\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nTown of Walden, Colorado, ) CPF No. 5-2024-002-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom December 19, 2022, to December 20, 2022, representatives of the Colorado Public Utilities\nCommission (COPUC), pursuant to Chapter 601 of title 49 United States Code (U.S.C.), inspected\nthe distribution integrity management program (DIMP) for Lines 1, 2 and 3 on the Town of Walden\nGas Utility’s (Town of Walden or Respondent) natural gas distribution system managed by its\ncontractor Pinedale Natural Gas in Englewood, Colorado.\nThe inspection was prompted by an incident that released approximately 6.12 million cubic feet\nof natural gas into the atmosphere from August 31, 2022, to September 2, 2022. This incident\ninvolved the three pipelines inspected: Line 1, a 2-inch coated steel line installed in 1958, Line 2,\na 3-inch coated steel line that runs parallel to Line 1 installed in 1979, and Line 3, a 2-inch coated\nsteel line that was previously unknown to the Town of Walden prior to the incident.\nAs a result of this inspection, the Director, Western Region, OPS (Director), issued to Respondent,\nby letter dated January 29, 2024, a Notice of Probable Violation, Proposed Civil Penalty and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that Respondent had violated five provisions of 49 C.F.R. Part 192, proposed\nordering Respondent to take certain measures to correct the alleged violations, and to pay a civil\npenalty in the amount of $81,800.\nRespondent responded to the Notice by letter dated February 27, 2024 (Response). Respondent\ncontested the allegations of violation, provided additional information in response to the Notice,\nand requested a hearing and an informal conference. In addition to contesting the violations and\nthe proposed civil penalty, the Town of Walden also argued that the civil penalty should be reduced\non the basis that the Town is a small business, and the Town’s ability to continue in business would\nbe significantly affected if it had to pay the proposed penalties in full. PHMSA and Respondent\n(the Parties) subsequently met to discuss the issues raised in the Response.\nAs a result of those discussions and as explained in more detail below, the Parties have agreed to\na Consent Agreement by which PHMSA makes findings of violation for Items 1, 3, and 4 and\n\n\n\nreduces Item 2 and 5 to a warning. Respondent will pay a reduced civil penalty in the amount of\n$16,360.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of people, property,\nand the environment, pursuant to 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, and upon\nconsent and agreement, the Parties hereby agree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced natural gas pipeline facilities are subject to the\njurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and\nadministrative orders issued thereunder. For purposes of this Consent Agreement (Agreement),\nRespondent acknowledges that it received proper notice of PHMSA’s action in this proceeding\nand that the Notice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Agreement by issuing an administrative\norder (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted,\nthe Associate Administrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings, reviews, or appeals, except for the Dispute\nResolution provisions set forth herein. Respondent agrees to withdraw its request for an\nadministrative hearing regarding the Notice.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete, and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement. The\nParties acknowledge that there are no representations, agreements, or understandings relating to\nsettlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et\nseq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA’s\n\n\n\nright of access, entry, inspection, and information gathering or PHMSA’s authority to bring\nenforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a permit,\nor a modification of any permit, under any Federal, State, or local laws or regulations. Respondent\nremains responsible for achieving and maintaining compliance with all applicable Federal, State,\nand local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of violation\nof any other federal law or regulation and may not be used in any civil proceeding of any kind as\nevidence or proof of any fact, fault, or liability, or as evidence of a violation of any law, rule,\nregulation, or requirement, except in a proceeding to enforce the provisions of this Agreement or\nin future PHMSA enforcement actions.\n11. Respondent agrees for purposes of the Agreement to accept the findings of violation\nand to comply with the terms of this Agreement.\nII. Findings of Violation\n12. Item 1- 49 C.F.R. § 191.5(a): The Notice alleged Respondent did not give\nimmediate notice of the August 31, 2022, incident to the National Response Center (NRC), as\nrequired by 49 C.F.R. § 191.5(a). Specifically, Respondent did not report the incident until October\n25, 2022. Respondent does not contest the violation as alleged in the Notice. As such, PHMSA\nfinds a violation of 49 C.F.R. § 191.5(a).\n13. Item 3- 49 C.F.R. § 192.605(a): The Notice alleged Respondent failed to follow its\nwritten procedures for conducting operations and maintenance activities. Specifically, Respondent\nfailed to follow O&M Manual Section 400.8 Inspecting Uncovered Pipeline and Section 650.3\nAbandonment of Mains and Services as further described in the Notice. Respondent does not contest\nthe violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.605(a).\n\n\n\n14. Item 4- 49 C.F.R. § 192.617(a): The Notice alleged Respondent failed to follow its\nwritten procedures for investigating and analyzing failures and incidents. Specifically, Respondent\nfailed to follow Section 260 Investigation of Failures as further described in the Notice. Respondent\ndoes not contest the violation as alleged in the Notice. As such, PHMSA finds a violation of 49\nC.F.R. § 192.617(a).\n15. Items 1, 3, and 4 will be considered by PHMSA as prior offenses in any future\nPHMSA enforcement action taken against Respondent.\nIII. Warning Items\n16. Item 2: 49 C.F.R. 191.9(a): The Notice alleged Respondent failed to submit DOT\nForm RSPA F7100 within 30 days of detection of a failure as required. Specifically, Respondent\nsubmitted the required form on November 3, 2022, approximately 64 days after the detection of\nan incident. In light of additional information provided to PHMSA during the course of the\ninformal consultation, PHMSA agrees to withdraw this allegation of violation and instead issue a\nwarning for this Item.\n17. Item 5: 49 C.F.R. 192.805(b): The Notice alleged Respondent failed to confirm\nthrough evaluation that individuals performing covered tasks were qualified. In light of additional\ninformation provided to PHMSA during the course of the informal consultation, PHMSA agrees\nto withdraw this allegation of violation and instead issue a warning for this Item.\n18. For Warning Items 2 and 5, if OPS finds a violation of these provisions in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nIV. Civil Penalties\n19. Item 1: The Notice proposed assessing a civil penalty in the amount of $40,900 for\nItem 1. Respondent requested a reduction of the proposed civil penalty on the basis of its small\nbusiness classification. After reviewing the information provided related to that request, PHMSA\nagrees to reduce the civil penalty to $16,360 in consideration of Town of Walden being a small\nbusiness.\n20. Item 2: The Notice proposed assessing a civil penalty in the amount of $40,900 for\nItem 2. Based on information provided by Respondent, PHMSA has agreed to withdraw the\nallegation of violation for Item 2 and instead has issued a warning for this Item. Accordingly,\nPHMSA withdraws the proposed civil penalty for this Item.\n21. Respondent shall pay an adjusted civil penalty in the amount of $16,360, pursuant\nto the payment instructions at 49 C.F.R. § 190.227(a) within 60 days of the Effective Date.\nV. Compliance Order\n22. Item 3: The Notice proposed certain compliance order actions to address\nthe noncompliance alleged in the Notice. Respondent provided documentation to PHMSA on\n\n\n\nAugust 5, 2024, demonstrating it had satisfied proposed Compliance Item A, related to Item 3,\nby confirming the abandoned pipeline described in the Notice was purged prior to\nabandonment as required by its operations and maintenance procedures Section 650.3. The\nother proposed compliance Item in the Notice, Compliance Item D, was related to Item 5, has\nbeen withdrawn and re-issued as a warning per paragraph 16 and no compliance actions are\nrequired.\n23. Item 4: The Notice proposed certain compliance order actions to address\nthe noncompliance for this Item. Respondent contested the proposed Compliance Item B,\nrelated to Item 4, in the Notice. The Parties determined that a Closed Interval Survey (CIS) on\nLine 2 would satisfy PHMSA’s concerns regarding the safety of Item 4 to ensure compliance\nwith the requirements set forth in 49 C.F.R. § 192.617(a) and § 192.465(f)(2). Respondent\nsubmitted documentation demonstrating that it conducted this CIS on August 5, 2024.\nRespondent agrees to correct any deficiencies indicated by the CIS to ensure compliance with\nthe requirements set forth in 49 C.F.R. § 192.465(d) and will submit documentation to PHMSA\nand COPUC demonstrating compliance by August 5, 2025.\nVI. Enforcement\n24. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101 et seq. and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $266,015 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with determinations\nmade by the Director, or in accordance with decisions of the Associate Administrator if resolved\npursuant to the Dispute Resolution process herein. The maximum civil penalty amounts are\nadjusted annually for inflation. See 49 C.F.R. § 190.223. All work plans and associated schedules\nset forth or referenced in Section V (Compliance Order) are automatically incorporated into this\nAgreement and are enforceable in the same manner.\nVII. Review and Approval Process\n25. With respect to any submission under Section V (Compliance Order) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all actions\nas approved by the Director, subject to Respondent’s right to invoke the dispute resolution\nprocedures with respect to any conditions the Director identifies. If the Director disapproves all\nor any portion of the submission, the Director will provide Respondent a written notice of the\ndeficiencies. Respondent will correct all deficiencies within the time specified by the Director and\nresubmit it for approval.\nVIII. Dispute Resolution\n\n\n\n26. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including any decision of the Director under the terms of Section V\n(Compliance Order). If Respondent and the Director are unable to informally resolve the dispute\nwithin 15 calendar days after the dispute is first raised, in writing, to the Director, Respondent may\nsubmit a written request for a determination resolving the dispute from the Associate Administrator\nfor Pipeline Safety, PHMSA. Such request must be made in writing and provided to the Director,\ncounsel for the Western Region, and to the Associate Administrator for Pipeline Safety, no later\nthan 10 calendar days from the 15-day deadline for informal resolution referenced in this\nparagraph. Along with its request, Respondent must provide the Associate Administrator with all\ninformation Respondent believes is relevant to the dispute. Decisions of the Associate\nAdministrator under this paragraph will constitute final agency action. The existence of a dispute\nand PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend any term\nor timeframe for completion of any work to be performed under this Agreement during the\npendency of the dispute resolution process.\nIX. Effective Date\n27. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\nX. Recordkeeping and Information Disclosure\n28. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at least\nfive (5) years following completion of all work to be performed. For any reports, plans, or other\ndeliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent may\nassert a claim of business confidentiality or other protections applicable to the release of\ninformation by PHMSA, covering part or all of the information required to be submitted to\nPHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must mark\nthe claim of confidentiality in writing on each page, and include a statement specifying the grounds\nfor each claim of confidentially. PHMSA determines release of any information submitted\npursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of Information Act,\n5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations and Executive Orders.\nXI. Modification\n29. The terms of this Agreement may be modified by mutual agreement of the\nParties. Such modifications must be in writing and signed by both parties.\nXII. Termination\n30. This Agreement will remain in effect until the Civil Penalty in Section IV is paid\nin full and the Compliance Order in Section V is satisfied, as determined by the Director. The\nAgreement shall not terminate until the Director confirms, in writing, that the Agreement is\n\n\n\nterminated in accordance with this paragraph. Nothing in this Agreement prevents Respondent\nfrom completing any of the obligations earlier than the deadlines provided for in this Agreement.\nXIII. Ratification\n31. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n32. The Parties hereby agree to all findings, conditions and terms of this Agreement.\nFor Town of Walden:\n___________________________________ ____________________\nTim Oberbroeckling, Mayor, Town of Walden Date\nFor PHMSA:\n___________________________________ ____________________\nDustin B. Hubbard, Director, Western Region, OPS Date\n\n52024002NOPV_PHC Hearing Scheduled_04122024_(22-258385)_text.pdf\n\nApril 12, 2024\nVIA ELECTRONIC MAIL TO: tjoberbroeckling@aol.com and dustin.hubbard@dot.gov\nMr. Tim Oberbroeckling\nMayor, Town of Walden\n513 Harrison Street\nP.O. Box 489\nWalden, CO 80480\nMr. Dustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\n12300 W. Dakota Avenue, Suite 110\nLakewood, CO 80228\nRe: Notice of Hearing, Town of Walden\nCPF No. 5-2024-002-NOPV\nDear Mr. Oberbroeckling and Mr. Hubbard:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the Pipeline\nand Hazardous Materials Safety Administration in the above-referenced case. The hearing will take\nplace on September 24th, 2024, beginning at 8:30 a.m. Mountain Time.\nThe hearing will be held at the PHMSA Western Region office, 12300 W. Dakota Ave, Suite 110,\nLakewood, CO 80228. Upon arrival at the building, attendees will be required to present photo\nidentification to security personnel. A contact phone number for the day of the hearing is (720) 963-\n3160.\nAt least 10 calendar days prior to the hearing (or by September 16th, 2024), both parties must submit\nand exchange any additional written materials they intend to present at the hearing and the name and\nemail address of each attendee. This information should be provided electronically. Materials not\nsubmitted by this date may be excluded. If you have any questions, please do not hesitate to contact\nme.\nSincerely,\nLarry White\nPresiding Official\n\n\n\ncc: Mr. Steven Shute, Operations Manager for Walden, Pinedale Natural Gas\nsteve@pipeline.group\nMr. Todd Ellsworth, Inspector, Colorado Public Utility Commission,\ntodd.ellsworth@state.co.us\nMs. Alexandra Iorio, Counsel, Western Region, Office of Pipeline Safety,\nalexandra.iorio@dot.gov\nMs. Kathleen Maitland, Counsel, Western Region, Office of Pipeline Safety,\nkathleen.maitland@dot.gov","truncated":false,"body_characters":28236}