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i. NOV C-94-015 Comments. Additional Information and a Recruest for Vacation General Discussion Where the Division believes that Colowyo failed to conduct the operation as specified in the Permit, Colowyo maintains that all conditions of the Permit were complied with and, in fact, plans were already implemented in-place to exceed the Permit conditions. Where the Division believes that Colowyo failed to plan and conduct mining activities to minimize disturbance to the prevailing hydrologic balance, Colowyo maintains that the development of the West Pit was conducted in a well planned, orderly manner that included protection of and minimized disturbance to the hydrologic balance. Where the Division believes that Colowyo failed to design sedimentation ponds to provide adequate capacity to contains or treat runoff from a 10-year 24 hour precipitation event, Colowyo maintains that development of the West Pit included internal mining related structures providing sufficient capacity to contain the design storm event plus an extra factor of safety. Colowyo believes the following discussion provides the information necessary to 1) show that no violation of the regulations or permit conditions existed and 2) support a request for a vacation of the NOV based upon the existing conditions. at the time of the Division's July 14, 1994 inspection. In general, in issuing the NOV the Division has seriously erred by ignoring the characteristics of the minesite and reclamation procedures and failing to consider on-site sediment control practices as required per Rule 4.05.6(3)(a). In particular, in issuing the NOV the Division failed to consider the West Pit in-pit containment structures already placed into service and contributing to control and containment of water and sediment in addition to that provided by the perimeter sediment control structures. Although these internal in-pit structures are not considered subject to specific Division review and scrutiny they are, nevertheless, required by the above Rule to be considered by the Division in its overall review of Colowyo's hydrologic control system. This is particularly important when, in this case, the failure to conduct such a review lead to the issuance of an enforcement action. When considered in total, by implementing the combination of perimeter hydrologic control plus internal in-pit hydrologic control within the West Pit, Colowyo clearly did not fail to meet permit conditions, nor did we fail to plan and conduct mining activities to minimize disturbance to the hydrologic balance.