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SETTLEMENT AGREEMENT JUSTIFICATION <br />NOV C-93-082 <br />Notice of Violation C-93-082 was issued for "Failure to conduct <br />or provide as-built certifications and failure to conduct and <br />provide required post construction inspections for the various <br />livestock impoundments located throughout Eckman Park, Mine 1 and <br />Mine 2". Dave Berry and Kent Gorham, representing the Division <br />of Minerals and Geology, explained that CYCC has 58 livestock <br />ponds on the reclaimed area. These impoundments were constructed <br />after mining ceased to improve the post-mining landuse. They are <br />not part of the sediment control system per se; the entire <br />reclaimed area is within an approved sediment control system. <br />All areas are revegetated. During the permitting of these stock <br />ponds, the Division never required as-built certifications or <br />required the quarterly inspections. Last November all operators <br />were notified that certifications and quarterly inspections would <br />be enforced for all impoundments regardless of size or purpose. <br />On May 26, 1993, the Division issued an NOV for these structures. <br />Rick Mills and Marcus Middleton, representing Colorado Yampa Coal <br />Company, contested the fact of the violation. The definition of <br />impoundment "means a basin, naturally formed or artificially <br />built, which is built to or does in fact retain water, sediment, <br />or slurried waste in support of mining and reclamation <br />operations. The immediate active mining pit area is not <br />included." Rick Mills stated that these ponds are not in support <br />of the mining or reclamation operations. Their purpose is to <br />serve the postmining landuses of rangeland and pastureland. They <br />are not intended to be part of the sediment control system. <br />The stock ponds are built according to the standards set by the <br />State Engineer's Office for stock ponds less than 2 acre-feet. <br />Since, the SEO waives the quarterly inspection requirements for <br />these small ponds CYCC feels it is appropriate for the Division <br />to as well. <br />Based on the information presented in the conference, I agree <br />with Colorado Yampa Coal Company's argument that the <br />certification and quarterly inspections should not apply to <br />impoundments, less than 2 acre-feet in size, built solely to <br />serve the post-mining landuse. However, at this point in time <br />the Colorado regulations do not have the authority to exempt <br />these structures from the impoundment rules. Therefore I have to <br />uphold the NOV. <br />The proposed civil penalty was: <br />History $0.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Good Faith $0.00 <br />Total $500.00 <br />