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IV. ENFORCEMENT ACTIONS <br />Colowyo C-1981-019 <br />23 July 2008 <br />Page 1 /2 < <br />The following identifies enforcement actions taken during this inspection, the required <br />abatement and date of abatement for the violation, previous violations still requiring <br />abatement and the termination of violations cited during previous inspections. <br />Notice of Violation CV-2008-002 was issued as a result of this inspection. The violation <br />was issued for a failure to obtain proper approval for the designs of the Section 16 <br />Pond Ditch extension and failure to demonstrate compliance with Rule 4.05.9(2) for <br />the Section 16 Pond. <br />The abatement for this violation is as follows: <br />1. Obtain proper approval for the Section 16 Pond Ditch extension from the <br />Division. <br />2. No construction on the ditch may be resumed until proper approval is <br />obtained. <br />3. No water may be directed into the Section 16 Pond ditch extension until <br />proper approval is obtained. <br />The abatement must be completed on or before 15 September 2008. <br />On 29 June 2007 the Division approved Technical Revision 65. This revision allowed <br />for the mining of an additional 44 acres of the Section 16 Pit area (south of the <br />existing pit, the X-Pod area). This revision included designs and an approval for the <br />construction of an approximately 700 foot extension to the existing Section 16 Pond <br />Ditch (from approximately Station 48 to Station 55). <br />On 2 April 2008 the Division received Technical Revision 71. This revision requested <br />the relocation of the 700 feet of the Section 16 Pond Ditch that was approved with <br />Technical Revision 71 along with a request to construct an additional extension of <br />approximately 1,300 feet (from approximately Station 55 to station 68). The total <br />length of new ditch that was requested was approximately 2,000 feet. <br />Technical Revision 71 was, as stated above, was received on 2 April 2008. The <br />Division deemed the Revision complete on 10 April 2008. The Division completed a <br />preliminary adequacy review of the revision and sent out a preliminary adequacy <br />review (PAR) letter on 12 May 2008. The same letter was e-mailed to the operator as <br />a pdf file on 13 May 2008. The Division received Colowyo's responses to the <br />preliminary adequacy review on 14 July 2008 (dated and mailed on 10 July 2008). <br />The Division is in the process of reviewing the responses and a new Proposed Decision <br />date of 8 August 2008 has been requested by Colowyo. <br />Although Colowyo had approval for the construction of a 700 foot extension to the <br />Section 16 Pond Ditch with the approval of Technical Revision 65, this design and <br />location would be superseded by the new designs and location proposed in <br />Technical Revision 71. The designs and location in Technical Revision 71 were now <br />required due to changes in Colowyo's South Taylor mine plan.