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Justification for Proaosed Settlement AEreement for NOV C-99-008 The assessment conference was conducted in our offices, Thursday morning, November 4, 1999. Colorado Yampa Coal Company (CYCC) was represented by Rick Mills. The Division was represented by Kent Gorham, who issued the NOV. The NOV was issued for; "Failure to conduct ground water monitoring in accordance with the approved plan. Required fall 1997 field and laboratory sampling was missed and spring 1998 laboratory sampling was missed for ground water wells 026-SP-1, 026-SP-2 and 026-SP-3." CYCC had submitted it's 1998 Annual Hydrology Report (AHR), with a cover letter that stated that the semi-annual sampling of these three wells had been overlooked. The Division, upon reviewing the report also determined that the fall 1997 fall field parameters had apparently been overlooked, in that none of them were contained in the data summaries. The Division subsequently issued NOV C-99-008 on September 7, 1999. In my opinion Kent Gorham proceeded as he should. An incomplete ground water monitoring data base could greatly confound the completion of final impact evaluations and the eventual release of liability. On September 8, 1999, one day after issuance of the NOV, CYCC submitted evidence to document that the semi-annual sampling and laboratory analyses had actually been completed. A glitch in CYCC's data base software program had resulted in the wells not being included in the printed report. The CYCC staff member who compiled the AHR had failed to verify the oversight by reviewing the original field notebooks and lab data reports. Mr. Mills states he signed the cover letter without editing it. Having discovered that a significant failing existed in it's office process, CYCC has now implemented fail safe processes to prevent both future data collection oversights, as well as unwarranted confessions. Kent reviewed the cover letter attached to CYCC's September 8, 1999 response and request for vacation of the NOV. CYCC mentioned that the semi-annual sampling and analyses occurred, but failed to address the fall of 1997 field parameter oversight. Kent then responded to the request for vacation pointing out the remaining failing in data collection. Only later, upon thorough review of the submittal did Kent discover [hat the field parameters had been collected and resubmitted within the data summary attached to the request for vacation. Larry Routten, acting as the staff Assessment Officer, and acting under the assumption that the data gap still existed, proposed a civil penalty as follows: History $ -0- Seriousness $ 500 Fault 750 $1,250 During the assessment conference, Kent indicated that all the required data had been collected. Further, within one day following issuance of the NOV, CYCC had cured any failing in it's data reporting, as well. Further, Rick Mills pointed out that the water effluent from the spoils aquifer