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III. COMMENTS-COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />This partial inspection of the Carbon Junction Coal Mine was conducted by DRMS staff from the <br />Durango Office, 701 Camino del Rio, Room 325, Durango, CO 81301, phone (970) 247-5469. The <br />inspection commenced on August 13, 2007, and was concluded on August 14, 2007. Eight photos <br />and a portion of a map accompany this report. <br />One enforcement action, NOV CV-2007-005, was issued as a result of the observations made during <br />the inspection and recorded in this report. NOV CV-2007-005 was issued for failure to minimize <br />disturbances to the prevailing hydrologic balance at the mine site and in associated off-site areas, and <br />failure to maintain one set of dual culverts in the East Collection Channel. <br />The location of the dual culverts and the East Collection Channel are shown on the enclosed map, <br />which is a portion of the Post Mining Topography map, dated August 6, 2006, submitted with TR-13. <br />On the original map, a portion of the East Collection Channel located within the Ewing Mesa Pit No. 1 <br />permit area is labeled as the Carbon Junction Arroyo. The set of dual culverts in the East Collection <br />Channel are specifically located under an access road to Topsoil Stockpile 7. As illustrated in the <br />enclosed map and photos, the dual culverts had become sufficiently obstructed with sediment and <br />debris to result in an overflow of the East Collection Channel and subsequent escape of affected area <br />drainage from the sediment containment system. The East Collection Channel conveys upland <br />drainage and affected area drainage through the permit area to Sediment Pond 1. The East <br />Collection Channel, its associated culverts, and Sediment Pond 1 are part of the sediment <br />containment system. <br />According to permit documents, the East Collection Channel is designed to safely pass the 10 year, <br />24 hour precipitation event. The sediment control design of the East Collection Channel indicates that <br />the 10 year, 24 hour storm event would generate 2.25 inches of precipitation. The Division reviewed <br />weather data posted on three different web sites for La Plata County and proximal to the permit area. <br />The Division reviewed weather data from www.cocorahs.org, www.wunderground.com, and <br />www.weather.com, none of which recorded any precipitation events approaching 2.25 inches of <br />precipitation for the month of August and prior to the inspection. Therefore, the available data <br />indicates that the sediment containment system was overwhelmed by a precipitation event significantly <br />less than the sediment control design. <br />In its reports generated from the April 27, 2007 and June 1, 2007 inspections, the Division <br />recommended that the referenced set of culverts be cleaned of sediment to ensure continued function <br />in accordance with the sediment control design. <br />As shown on the enclosed portion of the Post Mining Topography map, dated August 6, 2006, <br />portions of the East Collection Channel are located within the permit boundary of the Ewing Mesa Pit <br />No. 1 and outside of the coal permit boundary. Additionally, the existing permit does not appear to <br />identify the set of dual culverts referenced in this report and subject of NOV CV-2007-005. <br />During the inspection no mining or reclamation activities were observed and no individuals were <br />contacted. The entrance gate was locked. Vegetative cover continues to improve for all reclaimed <br />areas. Sediment Pond 1 contained water at 2 inch depth, no discharge noted at the primary spillway. <br />Sediment Pond 2 was dry. <br />