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Fred R. Banta, Director August 10, 1990 <br /> MLRD, Denver, CO 80203 Page 12 <br /> to perform this work. <br /> All pond cleaning in Coal Basin was (and is presently) <br /> performed by an independent contractor. In this instance, the <br /> contractor had been employed for the previous several years to <br /> perform this task for Mid-Continent. The dragline operator was <br /> experienced in cleaning Mid-Continent's ponds, particularly the <br /> Outfall No. 016 ponds, which he had cleaned several times <br /> previously. <br /> The reasonable steps taken by Mid-Continent were noted in <br /> the Justification for Settlement by the assessment conference <br /> officer: <br /> According to the company representatives the <br /> individual cleaning the ponds had successfully <br /> completed this job several times in the past, and <br /> they felt he had good experience. All contractors <br /> are briefed on the environmental regulations and <br /> requirements before they begin a job and he received <br /> an environmental booklet explaining the mine's <br /> obligation to comply with environmental law. <br /> Because of the contractor's previous experience, <br /> mine officials did not maintain a constant watch, <br /> but checked in every couple hours to see how <br /> cleaning was progressing. They stated they would <br /> have handled the accident in the same manner even if <br /> they were at the site when it happened. <br /> Confronted with a damaged spillway and rapid dewatering of <br /> the pond, Mid-Continent took immediate and extensive steps to <br /> remedy and mitigate the damage. In the Justification for <br /> Settlement it was noted that Mid-Continent "took immediate action <br /> to prevent further damage as soon as they became aware of the <br /> problem. " This effort included alterations in underground mining <br /> operations such as a cessation of underground pumping. And, as <br /> further observed in the Justification for Settlement, <br /> Underground mine crews were reassigned to the <br /> surface to construct the emergency bypass ditch <br /> around the upper pond. That night discharge was <br /> reduced from a normal flow of approximately 600 gpm <br /> to approximately 130 gpm. Discontinuing discharge <br /> from 016 completely that night could have caused the <br /> embankments of one or all ponds to blow out. This <br />