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Proposed Civil Penalty Assessment <br /> Colowyo Coal Company L.P./Colowyo Coal Mine <br /> Violation No.CV-2022-001 (Issued October 12,2022) <br /> Date of Proposed Assessment:November 17,2022 <br /> Material Reviewed: DRMS CV-2022-001 document, DRMS October 12,2022 Inspection Report, Exhibit 7, <br /> Item 14, Part R of the permit application package. Coal Program Director Jason Musick requested a Proposed <br /> Penalty Assessment on November 9, 2022. <br /> Rule 5.04.5(3)(a)—History of Previous Violations <br /> No notice of violations have been issued within one year of the issuance date for CV-2022-001.A cessation <br /> order was not issued with the notice of violation. Therefore no penalty will be assessed for this provision. <br /> Penalty assessed: $0 <br /> Rule 5.04.5(3)(b)—Seriousness <br /> Failure of the existing Final East Pit Ditch and the South Collection Ditch to minimize disturbance to the <br /> hydrologic balance in the mine and associated off-site areas.Failure to construct a channel so as to not increase <br /> the potential for downstream flooding and minimize adverse impacts to the hydrologic balance. Failure to <br /> construct a permanent diversion to safely pass the peak runoff from a 10-year storm event. Failure to construct a <br /> permanent diversion to prevent additional contribution of suspended solids to stream flow and runoff outside the <br /> permit area. Due to the offsite impacts that occurred due to the failure of the constructed surface water control <br /> structures the seriousness is considered significant. <br /> Penalty assessed: $1,000.00 <br /> Rule 5.04.5(3)(c)—Fault <br /> This violation was the result of negligence for the lack of suitable surface water management structures <br /> constructed onsite. <br /> Penalty assessed: $250.00 <br /> Rule 5.04.5(3)(d)—Good faith and achieving compliance <br /> Two abatement steps were issued for CV-2022-001. Abatement Step No. 1 required the operator to clean the <br /> sediment transported offsite and repair both the Final East Pit Ditch and South Collection ditch to fix erosion <br /> problems that have occurred, including the necessary riprap,to ensure runoff safely flows to the Prospect Pond <br /> as currently designed. Abatement Step No. 2 requires the operator to submit to the Division a complete <br /> Technical Revision that provides a new design for the Final East Pit Ditch that would safely pass the peak runoff <br /> resulting from a 10-year, 24-hour precipitation event which would not contribute to adverse impacts to the <br />