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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY DcOanmcnt of Nawral Resources U I {Sherman SI .Room 21 5 _- Dcnvcr, Colorado N0:03 Phone: l Intl 8fifi-}Shi FAt ~ 13051 N {?-P, I Ufi DEPARTAAENT OI NATURAI SETTLEMENT AGREEMENT JUSTIFICATION RESOURCE:' Powderhom Coal Company, Roadside Portals Mine, C-81-041 Roy Romer Notice of Violation # C-97-016 o°°ef°°` Cessation Order # CO-98-001 lames 5. Lochhead Eaecwrve Direrrnr _,'//r~.ty~/ James B. McArdle, Conference Officer ~/ /~ AllChdel B Long Ui, is~on UireUOr The Notice of Violation C-97-016 was issued on October 3, 1997 for improper control of drainage from the active refuse bench. Problems included ditch capacity being less than the approved design (CRDA-2 Upper Diversion) and ditches which had silted in and were not functioning properly. NOV C-97-016 was modified to include failure to ensure proper surface drainage control and failure to construct or maintain diversion and collection ditches on coal waste disposal azeas CRDA#1 and CRDA #2 in accordance with permit requirements and with performance standazds pertaining to diversion of upland flow, drainage over the outslope of the fill, and passage of all disturbed flow through a sediment pond or treatment facility. The steps necessary to abate the violation included; *Restoring CRDA#2 Upper Diversion, RSRDA South Diversion, and RSRDA Lower Catch Ditch #2 to compliance with approved permit by December 1, 1997. *Submit P.E. Statement certifying that CRDA#2 Upper diversion, RSRDA South Diversion, and RSRDA Lower Catch Ditch #2 aze in compliance with approved permit by December 8, 1997. The December abatement deadlines were subsequently extended to January 19, 1998. Technical Revision-24 was approved on January l2, 1998. The Division authorized work to commence on this date. Work was in progress on January 2l, 1998 and completed on the 22nd. Certification for one ditch was received on [he 22nd and for the other ditch on January 23, 1998. The Notice of Violation and Cessation Order were terminated on January 23, 1998, Of note, the interim maintenance requirements were met and the ditches were functional while the technical revision was being processed. Mr. McIntyre indicated that the water collection was for the purpose of fresh water diversion. Dan Mathews stated that no actual damage had occurred, but the potential was there. Also, the operator had plenty of time to comply with NOV- 97-O16, the abatement deadline had been extended 2 times.