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Memo to File C-81-019 - 3 - July 7, 1993 Duration appears to have lasted a minimum of two days, as the operator stated that rainfall began occurring on May 16, 1993, and that by May 18, 1993, it had stopped. Due to the enormous areal extent of this violation, and the fact that material from disturbed and undisturbed areas impacted a State public highway, an alluvial valley floor, and a flowing stream, seriousness is established as severe, and the corresponding civil penalty amount set at $1,500.00. C. Fault (Rule 5.04.5(3)(c)) $750.00 Determination of fault is based upon the degree the person to whom the NDV is issued caused, or failed to correct, the violation, condition, or practice which led to the issuance of the NDV, either through act or omission. It is apparent at this time that the majority of this NOV was caused by improper construction of the South Collection Ditch. This is apparent in that, while the Division approved both PR-O1 and TR-19, a page was inserted into the Colowyo Mine permit document, with the operator's approval, that the hydrology issues would be resolved prior to August 30, 1992. .This was not done, causing the operator to request an extension of the submittal deadline to December 11, 1992. The Division on 12/30/92 sent out its adequacy review of the design submitted on December 14, 1992, and apparently has yet to receive a final appropriate response. Colowyo provided comunents addressing NOVs C-93-072 and C-93-073. These comments, dated May 20, 1993, were the only comments supplied by the operator, and were not specifically addressed as responding to NDV C-93-077. However, some information from these comments appears pertinent to this NOV. The operator states in its response to NOV C-93-072 that topsoil piles on the top of the slope had had dozer slots cut into them by the operator but that by May 5, 1993, the cutouts were not carried out to ultimate completion and required additional work. The operator states in its response to NDV C-93-073 that snow typically collects on the slope where the South Collection Ditch has been installed, which compromises the capacity of the ditch. These snow constrictions, however, are apparently not considered in the theoretical designs of the ditch, yet are a reality in the field, As such, Colowyo should have either maintained the South Collection Ditch to meet the minimum design specifications, or installed a secondary system of ditches or berms down slope to act as emergency back-ups in the event of failure of the primary ditch. The operator further states that 1.5 inches of rain fell in a 25 minute period at the mine site, delaying abatement work described in NDVs C-93-072 and C-93-073. It is apparent, through not certain, that this rainfall contributed to results documented in C-93-077.