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-2- • August 19, 1977 The construction and drainage design of the Streeter Fill was reviewed and approved by a USGS-SLM-EPA Task Force and final USGS 211 approval issued in August, 1977 prior to implements tion of the SMCRA Interim Program. December 13, 1977 SMCRA Interim Regulations were published with an Implementa- tion date of May 3, 1978. Section 7.15.15 Disposal of spoil workings or excavations contained design standards only rather than performance standards for excess spoil disposal. December, 1978 The Public Lands Institute, Inc. submitted a Citizen's Com- plaint to the Office of Surface Mining. Two of the complaints alleged that Colowyo was not constructing the Streeter Fill in compliance with OSM Interim Regulations. February, 1979 As a result of a request from The Public Lands Institute, Inc., a joint OSM/MLRD inspection was conducted at the Colowyo mine- site. A Notice of Violation was issued to Colowyo by OSM regarding the construction of terraces on the face of the fill. According to the violation, the provisions of the regulations that Colowyo was in violation with were the design standards in 30 CFR Section 715.15(b)(8). The nature of the violation was "Failure to construct terraces on the valley fill face to • be 50 feet in vertical distance from each other". August, 1979 Prior to the first scheduled evidentiary hearing, Colowyo and OSM agreed to postpone the hearing until completion of the independent engineering study. The geotechnical analysis com- pleted by CTL/Thompson, Inc. concluded that the Streeter Fill, as built by Colowyo, meets the stability requirements of the OSM Regulations. The fill did not, however, meet the design criteria require- ment of the regulations and, therefore, was still in violation. To resolve the issue,' OSM agreed to withdraw the Notice of Violation conditioned upon the agreement that Colowyo submit an application for qualifying the Streeter Fill under the Experimental Practices Program referred to in 30 CFR, Section 755.13. September, 1979 Colowyo filed with OSM an application for designation of the Streeter Fill as an Experimental Practice. October 11, 1979 OSM requested that the MLRD recommend approval of the Experi- mental Practice designation of the Fill. February 13, 1980 The MLRD replied to the OSM that approval of the Experimental Practice could not be given until certain questions were resolved. • March 24, 1980 CTL Thompson, Inc. responded to these concerns of the Division in a letter to OSM. In this letter, all of the Division's remaining concerns were resolved.