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SETTLEMENT AGREEMENT JUSTIFICATION NOV C-93-009 Assessment Cnnfarence Summary NOV C-93-009 was issued by Janet Binns of the Division on March 15, 1993 for "[f]ailure to provide certified reports of coal refuse disposal areas during critical construction periods". The NOV applied to the Cameo Refuse Disposal Areas 1 and 2, and cited Rules 4.10.1(1), 4.09.1(11), and 4.10.2. Ms. Binns explained that the specific concern was that certified reports of stability inspections conducted by a registered engineer documenting compliance during critical construction periods had not been provided. Rule 4.09.1(11) requires such inspections "...at least quarterly and during the following critical construction periods: (1) removal of all organic material and topsoil, (2) placement of underdrainage systems, (3j installation of surface drainage systems, (4) placement and compaction of fill materials, and (5) revegetation". Ms. Binns indicated that Powderhorn had submitted quarterly inspection reports for the period 1986 to the present, but had not submitted any reports for the period between 1981 and 1986. Critical construction phases of topsoil removal and underdrain construction for CRDA #1 would have occurred in 1981. Mr. Reschke agreed that the reports did not contain specific statements regarding the critical construction phases, but he stated that quarterly inspections had been made during the period in question, and that during that time the Division had considered the quarterly reports to be sufficient. Fact of violation Mr. Reschke acknowledged that documentation of certified reports addressing compliance of specific construction phases including topsoil salvage and underdrain construction could not be found. He contended that quarterly reports were considered acceptable by the Division during the period in question, and questioned whether the Regulations specified critical phase construction certifications during the period when CRDA #1 was being developed. I have reviewed the Division's files, and found that the original Coal Regulations, effective August 30, 1980, contain provisions at Rule 4.09.1(10) which are identical to the provisions of current 4.09.1(11), referenced above. I find that a violation did occur. There appears to be no specific certification that the underdrain for CRDA #1 was constructed as designed, or that removal of topsoil and organic material for CRDA #1 or #2 was accomplished as required.