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iii iiiiiiiiuiiiiii 999 I N T E R MEMO O F F I C E To: Penalty Assessment Officer From: Kent Gorham Subject: CYCC NOV CV-97-012 Date: August 18, 1997 NOV CV-97-012 was issued to Colorado Yampa Coal Company for failure to conduct second quarter 1997 pond inspections at Mine 1, Mine 2, and Eckman Pazk. A problem with the riser at Pond M prompted a request by this inspector to conduct a record review of the pond inspections during this 3rd quarter partial inspection. During this record review it was determined that second quarter pond inspections had not been done. The date of the inspection was July 28, 1997. Mr. Tavis Rogers of Twentymile Coal Company indicated to me that he had not completed the forms but had done the inspections. When I asked if I could review his notes from the inspection, he indicated that his inspection was done during the water sampling visits that aze done each week. Mr Rogers faxed a copy of what he considered a substitute for the inspections forms for the second quarter. Dan Hernandez and I reviewed the information submitted and determined that the water sampling visits did not meet the requirements of Rule 4.05.6(13) and therefore, did not serve as a substitute for the pond inspections, in this case. While the operator had apparently visited each pond numerous times during the second quarter, it became cleaz that specific pond inspections were not conducted for most of the ponds for this site. The second quarter is typically the time of year most prone to problems due to high water levels from snowmelt. As evidenced by the Pond M example, the lack of specific pond inspections can result in small problems becoming potential environmental problems. Furthermore, the second quarter is the first time the ponds typically become visible from under the blanket of snow cover and a detailed inspection is even more important.