_GENERAL DOCUMENTS - C1981017 (142)

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David C. Shelton, Director, August 26, 1985 Colo. Mined Land Reclamation Division Page 3 The violations involved in the alleged pattern of viola- tion were not considered "willful violations" but "unwarranted failure(s) to comply." The evidence proven by Mid-Continent es- tablishes that the violations were caused by exceptional weather circumstances rather than by indifference, lack of diligence or any lack of reasonable care by Mid-Continent . Mid-Continent submits that the extraordinary climatolo- gical events, evidenced by both the _WWE Snowmelt Study and the June, 1984 , National Oceanic & Atmospheric Administration, National Weather Service, U.S. Department of Commerce, the NOAA data, derived from the Redstone 4 West Meterological Station, support Mid-Continent' s position. These extraordinary events directly or primarily caused the conditions cited by the inspector and described hereinabove. In our judgment, neither staff nor the conference officer correctly or fully perceived either the importance or the dominant effect of these events . These events were of such a magnitude and actual conse- quence to be if not the cause certainly the primary cause of the great majority of the adverse conditions which were the subject matter of the citations issued during the pertinent periods. The magnitude of these events , although not properly or completely considered, were such as to mitigate or diminish significantly the Division' s assessment of fault against Mid-Continent . The magnitude of this sudden, unexpected phenomena, a rapid runoff of an exceptionally large snowpack, was not local. It affected most of the tributary watersheds as well as the main-stem of the Colorado River . It resulted in devastating flooding , and very nearly the loss of Glen Canyon Dam. These events were widely reported both in newspapers and technical publications. The events which affected Coal Basin were of this scale. Apart from the foregoing and the significant environmental upgrading and responsive to the severe terrain and climatic con- ditions of Coal Basin, Mid-Continent has established intensive in-house monitoring and training programs . The environmental staff has been enlarged. In addition to routine maintenance work, in-house weekly, monthly and quarterly punchlist inspec- tions are conducted of all surface disturbed areas and facili- ties . All sediment ponds are inspected quarterly by a registered professional engineer who certifies the inspection results . These inspection results are used in the planning and scheduling of environmental work.