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The construction of the fill in Streeter Draw began in January, i • 1977. Streeter Fill had been approved as part of an interim mine plan to produce 250,000 tons/year from the "X seam" only, both by the United States Geological Survey (USGS) in an approved federal mining plan pursuant to the regulations at 30 CFR Section 211.10 and by the Colorado Mined Land Reclamation Board (MLRD) in Extraction and Development Permit Number 76-15 C/A. In early 1977, Colowyo contracted with Golder Associates to perform a stability study on Streeter Fill to expand on previous engineering studies. The results of their work, Waste Dump Stability Study (April, 1977), found in Exhibit 12, Experimental Practice Information, demonstrated that the planned construction techniques of Colowyo would ensure stability. In December, 1978, Ms. Carolyn Johnson and Mr. Charles Callison of the Public Lands Institute, Inc., submitted a Citizen's Complaint to the Office of Surface Mining. Two of the complaints alleged that Colowyo was not constructing the Streeter Fill in compliance with OSM Interim Regulations. • As a result of a request from the Public Lands Institute, Inc., a joint inspection of the mine {and Streeter Fill) was conducted by OSM and the Division. A notice of violation was issued to Colowyo regarding the construction of terraces on the face of the fill. Colowyo applied to the Office of Hearings and Appeals for review of the Notice of Violation issued regarding the construction of Streeter Fill. Prior to the first scheduled evidentiary hearing, Colowyo and OSM agreed to postpone the hearing until the completion of an independent engineering study of the stability of the Streeter Fill. OSM contracted with CTL/Thompson, Inc. to conduct a geotechnical analysis of the fill. The report by CTL/Thompson, Inc., Slope Stability Colowyo Streeter Canyon Fill (August, 1979) along with miscellaneous OSM correspondence is found in Exhibit 12, Experimental Practice Information. • 2.06-4