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SETTLEMENT AGREEMENT JUSTIFICATION Twentymile Coal Company Foidel Creek Mine- Permit Number C-1982-056 Notice of Violation # CV-2001-004 ~,,~/~ James B. McArdle, Conference Officer ~7"~' The Notice of Violation CV-2001-004 was served on March 22, 2001. The NOV was issued for the following problems; 'Failure to conduct water monitoring in accordance with approved plan. 'Failure to maintain groundwater well 97012TM. 'Failure to submit surface water sampling data as stated in the permit for the first, second and third quarters of the year 2000. On May 3, 2001, an Assessment Conference was held at 1313 Sherman Street, Room 215, Denver, Colorado. In attendance, in addition to the Conference Officer, was Janet Binns, Dan Hernandez, Kent Gorham and Tom Kafdenbach representing the Division and Richard Mills representing Twentymile Coal Company. Janet Binns presented testimony outlining the details of the violation as outlined above. Certain required water monitoring parameters, measurements and samples were missed during the water year 2000. The required quarterly reports were not provided for the first, second and third quarter of the year 2000. Water quality monitoring information was not readily available at the company office in an easily retreivable format. The well has not been repaired to date. Evidence was provided showing that the surface water monitoring requirements currently found in the permit document were confusing to both the operator and the Division. A technical revision was submitted to eliminate contradictions and to clarify monitoring requirements. The TR was deemed complete on April 23, thus abating a portion of this violation. Kent pointed out that the operator went above and beyond the surface water quality requirements outlined in the permit when on February 12, 2001, the operator submitted an excel spreadsheet of water quality data showing that monitoring was being carried out with more frequency than the permit conditions required of the operator. Mr. Richard Mills presented testimony on behalf of the operator outlining the nature and level of effort that the company was expending on surface water monitoring. With the exception of not immediately fixing the well to full working condition, the operator had been monitoring surface water on a more intensive level than was required by the Division. The monitoring information was being gathered and stored by the operator but not in the required format of a quarterly report, for the three quarters of the year 2000 monitoring season. The broken water well is still producing 2 psi and while not being able to record water level, water quality samples have been collected. The operator complied with the quarterly reports rapidly after the matter was brought to the operators attention. The well will be repaired as soon as weather conditions permit.