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RULE 2 PERMITS
<br />In early 1977, Colowyo contracted with Golder Associates to perform a stability study on Streeter Fill to
<br />expand on previous engineering studies. The results of their work, Waste Dump Stability Study (April,
<br />1977), found in Exhibit 12, Experimental Practice Information, demonstrated that the planned
<br />construction techniques of Colowyo would ensure stability.
<br />In December, 1978, Ms. Carolyn Johnson and Mr. Charles Callison of the Public Lands Institute, Inc.,
<br />submitted a Citizen's Complaint to the Office of Surface Mining. Two of the complaints alleged that
<br />Colowyo was not constructing the Streeter Fill in compliance with OSM Interim Regulations.
<br />As a result of a request from the Public Lands Institute, Inc., a joint inspection of the mine (and Streeter
<br />Fill) was conducted by OSM and the Division. A notice of violation was issued to Colowyo regarding the
<br />construction of terraces on the face of the fill.
<br />Colowyo applied to the office of Hearings and Appeals for review of the Notice of Violation issued
<br />regarding the construction of Streeter Fill.
<br />Prior to the first scheduled evidentiary hearing, Colowyo and OSM agreed to postpone the hearing until
<br />the completion of an independent engineering study of the stability of the Streeter Fill. OSM contracted
<br />with CTL/Thompson, Inc. to conduct a geotechnical analysis of the fill. The report by CTL/Thompson,
<br />Inc., Slope Stability Colowyo Streeter, Canyon Fill (August, 1979) along with miscellaneous OSM
<br />correspondence is found in Exhibit 12, Experimental Practice Information.
<br />The geotechnical analysis completed by CTL/Thompson, Inc., concluded that the Streeter Fill, as built by
<br />Colowyo meets the stability requirements of OSM regulations.
<br />The fill did not, however, meet the design criteria: requirement of the OSM Interim Regulations and
<br />therefore was still in violation. To resolve the issue, OSM agreed to withdraw the Notice of Violation
<br />conditioned upon the agreement that Colowyo submit an application for qualifying the Streeter Fill under
<br />the Experimental Practices Program referred to in 30CFR, Section 785.13; see Hearing for Review of
<br />Notice of Violation No. 79-V-1-4, August 7, 1979 in Exhibit 12, Experimental Practice Information.
<br />Subsequent to the hearing, Colowyo filed an application for an experimental practice on September 4,
<br />1979, (see Exhibit 12, Experimental Practice Information) and receipt of the application was
<br />acknowledged in a letter from Walter N. Heine, Director of OSM, on September 28, 1979 (see Exhibit 12,
<br />Experimental Practice Information).
<br />To date, there have been no final approvals or denials of the Experimental Application by OSM or the
<br />Division.
<br />In correspondence dated October 11, 1979, OSM requested the Division recommend approval of the
<br />experimental practice designation for Colowyo's Streeter Fill. In a letter dated February 13, 1980 the
<br />Division replied to OSM that approval of the experimental practice could not be given until certain
<br />questions were resolved. A copy of the correspondence from the Division, the February 6, 1980 letter
<br />from Mr. Jim Pendleton commenting on the Slope Stability Analysis of Colowyo's Streeter Fill, and the
<br />February 13, 1980 letter from Mr. Fred Banta to Mr. Donald Crane requesting Clarification Before
<br />Approval of Colowyo's Streeter Fill is included in Exhibit 12, Experimental Practice Information. On
<br />March 24, 1980, CTL/Thompson, Inc. responded to the concerns of the Division (see Exhibit 12,
<br />Experimental Practice Information, March 24, 1980, letter from CTL/Thompson, Inc. to OSM
<br />commenting on Questions Raised by Division Concerning Colowyo's Streeter Fill).
<br />Rule 2 Permits 2.06-3 Revision Date: 6/23/08
<br />Revision No.: MR-91
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