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<br /> <br />The Division vas not arare that the method employed by Colowyo was <br />to bulldose topsoil doraslope into undisturbed areas in order to <br />make openings in the rindror thus scattering topsoil, as roll as, <br />allorinq rater to concentrate in these openings; resulting in the <br />conditions for rhich this violation ras rritten. <br />seriousness: I feel that the bulldozing of good topsoil 8oraslope <br />is alone rorthy of a notice of violation. A considerable amount of <br />topsoil ras lost in this process. Additional topsoil ras lost <br />later due to the erosion by rater concentrating in the bulldozefl <br />openings. <br />Fault: The Division made its concerns clearly knora to the <br />operator early enough to rectify the situation. The operator took <br />responsibility at that time for dealing rith those concerns in an <br />effective manner and failed to do so. <br />Good Faith: The Division ras not informed by the operator of <br />conditions at the stockpiles but discovered deteriorated conditions <br />during a routine site inspection. The only good cure for this <br />situation rould have been of a preventative nature as much of the <br />eroded topsoil had already left the area by the time the Division <br />discovered the problem. The operator did act to minimize future <br />losses by oonstructinq a rater diversion structure, as ordered by <br />the Division, in a timely fashion in order to keep future runoff <br />from reaching the rindrored stockpiles. <br />NOV C-93-73 <br />NOV C-93-7Z deals pith Coloryo's failure to control and treat <br />sediment lrom amine-caused disturbance. Topsoil an8 sediment rere <br />lost from both the Section 16 mining area and undisturbed areas <br />belor, some of rhich left the permit area untreated. <br />Background: The Division has had concerns about the designs that <br />Coloryo has submitted for the Prospect Pond and south Collection <br />Ditch. One of our concerns ras that the runoff might jump the <br />81tch either at flat spots in the ditch or at the base of vertical <br />drops in the ditch. Thin ras made clear to Coloryo and the <br />operator ras made arare that a violation rould be rritten should a <br />breach ocour. Coloryo has repeatedly promised to submit final <br />designs for the Prospect Poad and South Collection Ditch "by the <br />end o! the month" but has failed to do so. <br />seriousness: The ditch filled in and ras breached. Sediment <br />and/or topsoil reached the permit boundary and probably Goodsprings <br />Creek. More severe reather resulted in the increased damage to the <br />ditch and the resource, resulting in NOV C-93-77 <br />