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Walker to File <br />April 11, 2002 <br />Page 2 of 2 Pages <br />In the cover letter of Mazch 28, 2002, Colowyo Coal Company, L.P. (Colowyo) interprets promptly <br />as within 30 days of an inspection. The report does not contain a statement that the impoundments <br />were maintained as designed and in accordance with the approved plan and applicable regulations. <br />The operator was asked to amend the certification. <br />Rule 4.05.9(15) Certifed inspection reports required by 4.05.9(14) for all impoundments shall <br />include discussion of.• <br />Rule 4.05.9(15)(a) Any appearance of erosion, instability, structural weakness or other hazardous <br />conditions; <br />The report includes such a discussion for erosion, instability and structural weakness. There were <br />none. The report did not address other hazardous conditions. The operator was asked to amend the <br />report to include this requirement. <br />Rule 4.05.9(15)(b) Existing and required monitoring procedures and instrumentation; <br />The report includes such a discussion. Quarterly and annual inspections are required. <br />Rule 4.05.9(15)(c) The depth and elevation of any impounded waters at the time of the certified <br />report; <br />The report includes such a discussion. Dates of inspection are recorded. <br />Rule 4.05.9(15)(d) Existing storage capacity of the impoundment; and <br />The report includes such a discussion, however, the operator is asked to amend the report to <br />Cleary indicate the figures are existing storage, not design.. <br />Rule 4.05.9(15)(e) Any other aspects of the structure affecting stability, or requiring maintenance. <br />The report includes such a discussion. There were none. <br />An adequacy a-mail concerning the above deficiencies was sent to the operator on April 9, 2003. <br />CC: Dan Hernandez (e-mail) <br />C:\WPDOCS\Colowyo\yearty pond inspection report review 2003.doc <br />