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<br />Violation C-91-007 issued on 6/18/91 for failure to inspect <br />sediment ponds on a quarterly basis. This violation was issued in <br />response to a ten day notice issued by OSM. Although pond <br />inspection reports were submitted, they were not done on a <br />quarterly basis. Due to the overdesign of the pond and the <br />history of no discharge, the Division agreed to accept annual <br />reports on the sediment pond. The annual report was submitted and <br />the violation was abated. <br />Violation C-91-024 issued on 9/24/91 for failure to reclaim the <br />highwalls on the Fruita bench area. The reclamation plan for the <br />sites that was approved in early 1990 showed that the highwall <br />would remain and the spoil slope below would be regraded to <br />ensure long term slope stability. This plan was implemented and <br />the Division granted Phase 1 bond release on May 17, 1991. OSM <br />objected to the Division's decision to approve bond release based <br />on the fact that the highwall had not been eliminated. However, <br />American Shield has simply been following its approved <br />reclamation plan. The Division then issues C-91-024 due to the <br />objections from OSM. American Shield was able to establish that <br />the highwall was constructed prior to August 3, 1977. An <br />• agreement was entered into between American Shield and the <br />Division on March 25, 1992 which allowed the highwall to remain <br />unreclaimed if the company would submit a new permit application <br />and address the environmental concerns of the permanent highwall. <br />The Soard voted unanimously to approve the agreement. The <br />agreement is enclosed on pages 66a-c. Also, American Shield is <br />given the opportunity to go back to the Soard and contest the <br />violation after the new permit is issued. This will be done after <br />the new permit is issued, therefore, the violation abatement date <br />has been extended by the Division. American Shield will petition <br />the Soard to vacate the violation once the permit is issued. <br />Violation C- 91-038 was issued on 12/19/91 for failure to <br />separate principal and emergency spillways in the sediment pond. <br />OSM changed the spillway requirements for all mine sediment ponds <br />in Colorado at the opposition of the Division. American Shield <br />was unaware of the change and the violation was issued because <br />the principal spillway and emergency spillways are contained in <br />the same pipe. A plan was submitted to revise and separate the <br />spillways. The plan was approved and the construction is <br />currently being carried out according to the plan, <br />• <br />Ilc <br />