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File C-81-019, TR-53 <br />June 28, 2001 <br />Page 12 of 13 Pages <br />The stock ponds aze in compliance with these definitions. <br />Rule 4.05.9(18)(b) The written safety demonstration must be submitted by a professional engineer, <br />as part of the permit application. <br />No written safety demonstration was found in the application. The applicant was asked to provide <br />such demonstrations by an adequacy letter of January $, 2002. The issue has been resolved. See Rule <br />4.05.9(18) above. <br />Rule 4.05.9(18)(c) If a waiver is approved, then the waiver shall include a provision that the yearly <br />inspection referenced in 4.05.9(74), may be conducted by a qualified person other than, and not <br />under the direction of, a professional engineer. <br />The application included no such provision. The applicant is asked to include the provision in the <br />adequacy letter of January 8, 2002. The applicant was again asked to include this provision by e-mail <br />of June 25, 2002. An a-mail response was adequate. <br />Rule 4.05.9(18)(d) Prior to approving a waiver, the Division must conduct a field inspection to <br />ver fy the adequacy of the safety demonstration. <br />The applicant was advised of this requirement as a prerequisite to approval. The field inspection <br />was conducted on June 19, 2002 (see inspection report). Pictures of each impoundment were <br />taken and aze on file. <br />Closure and Future Actions: If there are no adverse comments, the proposed decision will <br />become final after the allowable time period. The applicant will be advised to so notify Office of <br />Surface Mining, Reclamation and Enforcement (OSM). Public and Division copies of the Permit <br />will be posted with revised materials. <br />C:\WPDOCS\Colowyo\TR55 COMPLIANCE REVIEW 19.doc <br />