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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 />Rule 4.05.9(15) Certified 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. There were none. <br />Rule 4.05.9(15)(6) Existing and required monitoring procedures and instrumentation; <br />The report includes such a discussion. Quarterly and annual inspections aze 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, but the dates of inspection are not recorded. <br />Rule 4.05.9(15)(d) Existing storage capacity of the impoundment; and <br />The report includes such a discussion. <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 letter concerning the above deficiencies was sent to the operator on April 11, 2002. <br />CC: Dan Hernandez (e-mail) <br />C:\WPDOCS\Colowyo\yearly pond inspection report review 2001.doc <br />