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SETTLEMENT AGREEMENT JUSITIFICATION <br />Colowyo Coal Company <br />Colowyo Mine; C-1981-019 <br />Notice of Violation No. CV-2010-004 <br />Anthony Waldron, Conference Officer <br />Notice of Violation Number CV-2010-004 was issued on August 23, 2010 and resulted <br />from: Failure to construct permanent post-mining drainage channels in accordance with <br />the approved reclamation plan(Rule 4.05.3(7)); Failure to construct permanent post- <br />mining drainage channels to safely pass the peak flow runoff from a 100-year, 24 hour <br />storm event (Rule 4.05.4(2)); Failure to construct permanent, post-mining drainage <br />channels to prevent additional contribution of suspended solids to runoff(Rule 4.05.4(4)); <br />and, Failure to properly construct and maintain sediment ponds(Rule 4.05.6(2)). <br />There were three abatement steps to be completed by November 19, 2010. Abatement <br />step No. 1 was to repair and construct noted ditch segments as designed and approved, <br />ensuring that side-slope drainage can freely enter the ditches, the ditches are constructed <br />and located in their approve locations, that bottom width, side-slope and freeboard are <br />constructed as designed and that riprap sizing is as approved in the design. Step No. 2 <br />was to provide the Division with an as-built certification by a registered, professional <br />engineer for the ditch segments noted to document they have been repaired and <br />completed as designed Step No. 3 was to repair the leaking outfall on the'West Taylor <br />Pond and provide the Division with a report detailing the problem and the repairs <br />completed. The violation has been terminated. <br />On November 10, 2010, an Assessment Conference was held at the Division of <br />Reclamation, Mining and Safety Offices located at 1313 Sherman Street, Room 215 in <br />Denver, Colorado. In attendance were, in addition to the Conference Officer, Mr. Jim <br />Stark, Mr. Kent Gorham and Ms. Sandra Brown representing the Division of <br />Reclamation, Mining and Safety and Mr. Kurtis Blunt, Mr. Tom Peterson and Mr. Matt <br />Guptill representing Colowyo Coal Company. <br />Jim Stark provided background and detailed the nature of the violation including follow <br />up measures that have been implemented. <br />Matt Guptill, Kurtis Blunt and Tom Peterson discussed the events that led to the operator <br />failing to properly locate and construct the ditches including field modifications that were <br />necessary with respect to location.