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Mr. Randall Price Colorado Mined Land Reclamation Division January 13, 1995 Page 2 Notice of Violation Abatement Actions Necessary Steps to Abate the Nature of Violation Violation Description of Action Failure to maintain (1) Remove plastic/rubber The plastic/rubber sheeting from inside the primary Impoundment No. I, sheeting from inside the spillway has been removed and disposed of in a so as to ensure primary spillway proper manner (14 October 1994). proper function of the primary outlet. (2) Remove overgrown The overgrown vegetation was removed (l4 vegetation from cutlet end of October 1994) fmm the outlet end of the primary primary spillway. spillway. Failure to maintain Repair erosion damage and A contract has been arranged (l November 1994) Impoundment No. 1, reestablish required with Spalding Construction Company to uncover so as to provide embankment gradient; and backfill (compacted) muskrat burrows and to adequate vegetation establish vegetation or other tamp in gopher burrows, reconstitute the upstream or other surface stabilization. face of the dam to a 3 horizontal to 1 vettical stabilization of gradient (minimum), and to place riprap (3-inch to embankment against 6-inch, 9 inches deep) over geotextile (Mirafi 700X erosion. Fabric) on [he face of the slope. The riprap will extend from an elevation 1/ foot above the crest of the primary spillway (a slope distance of a little over a foot) to allow for wave run-up, to approximately 10 feet down the slope (region of current deposition). Arrangements have been made to purchase the riprap Mirafi. Inclement weather has delayed the work. The work will be scheduled as soon as ground conditions permit earthwork and access to the site by construction equipment without undue disturbance to reclaimed areas (historically, late fall). Until construction is complete, seepage, especially in the vicinity of the muskrat burrows, will be an item of special interest of quatterly inspections. If seepage develops, the pond will be drained and kept dewatered by raliuval of the primary spillway baffles until repairs are complete. Failure to maintain Replace emergency spillway A demonstration that riprap is not needed was Impoundment No. 1 riprap, or provide submitted and approved by the Division on so as to provide demonstration that riprap is 12/12/94 (Technical Revision 6, November 30, proper riprap at the not needed. 1994). emergency spillway. Comments - Remove the two barrels and The materials were removed from the site on 29 Compliance, Non- tire/wheel by cabin. Also November 1994 and disposed of in a proper Coal Waste. remove culvetts located manner. outside of fence by cabin. LE 1091/3/111-13-95(R -0Sam)