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IV. ENFORCEMENT ACTIONS <br />Colowyo C-1981-019 <br />23 July 2008 <br />Page 2/2 6D-01c:? <br />Missing from Colowyo's original submittal, and included as an adequacy question in <br />the Divisions PAR letter, were SEDCAD runs documenting that the Section 16 Pond <br />was able to meet the requirements of Rule 4.05.9(2) for the 25-year, 24-hour storm <br />event. This omission is critical, as Colowyo's proposed extension of the Section 16 <br />Pond Ditch would increase the disturbed area reporting to the Section 16 Pond by <br />approximately 23 acres. <br />On the inspection it was found that Colowyo had already constructed the entire <br />Section 16 Pond Ditch extension before any proposed decision, publication or public <br />comment period had been completed. A review of aerial photographs taken on 29 <br />May 2008 by Harry Ranney indicates that work on the Section 16 Pond Ditch <br />extension began as early as that date. The area has been grubbed and possibly <br />had the topsoil removed. <br />Based on the above information, the Division has determined that Colowyo is in <br />violation of the following Rules: <br />Rule 2.08.4(4): The operator may not implement any permit revision, technical <br />revision, or minor revision before obtaining final approval. <br />Rule 2.05.3(4): Ponds, impoundments, other treatment facilities and diversions... A <br />general plan and detailed design plan shall be submitted for each sediment pond, <br />impoundment, other treatment facility and diversion proposed to be constructed within <br />the permit area. <br />Rule 4.05.9(2): All impoundment spillway systems shall provide for either a combination <br />of principal and emergency spillways, or a single spillway configured as required by <br />4.05.9(2) (a), designed to safely pass the applicable design precipitation event specified <br />in 4.05.9(2)(c)... <br />Please review Rules 5.03 and 5.04 regarding the enforcement procedures and penalties <br />for more information regarding the Notice of Violation process. <br />NOTE: Attach appropriate VIOLATIONS or CESSATION ORDER CODING FORMS <br />Revised 2/97 <br />m:\coa1\share\forms\8101