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<br />Item #5, second oaoe - We continue to monitor the pond embankment for structural <br />integrity and believe there is no evidence to suggest that the structure is in jeopardy. The <br />Division is also aware that a representative of CTL/Thompson has also inspected the pond and <br />confirms our position. Since the Division believes Colowyo should have been able to foresee <br />the failure of the topsoil stockpile based upon the failure of areas associated with the lateral <br />drains within the fill, we would appreciate any insight the Division might have with respect <br />to predicting an imminent failure of the pond when there has been no surficial evidence <br />warning of such failure. We request this primarily because we firmly believe the integrity of <br />the pond is of utmost importance and it will remain a priority. We also agree that, until the <br />maintenance on the pond is completed and a new pond certification is developed and <br />submitted to the Division, it is premature to address issues with respect to sediment control. <br />Again, we appreciate the opportunity to offer these comments regarding the NOV. <br />Colowyo would be pleased to discuss these matters with you further at your convenience. <br />Please contact me if you have any questions concerning this matter. <br />Sincerely, <br />~~~ <br />~mes A. Kiger <br />Sr. Environmental Engineer <br />xc: R.G. Atkinson <br />Erica Crosby, CDMG <br />Central Files <br />