Laserfiche WebLink
SETTLEMENT AGREEMENT JUSITIFICATION <br />Colowyo Coal Company <br />Colowyo Mine; C-1981-019 <br />Notice of Violation No. CV-2008-004 <br />Anthony Waldron, Conference Officer <br />Notice of Violation Number CV-2008-004 was issued on August 26, 2008. The violation <br />was issued for failure to minimize disturbance to the hydrologic balance in the mine and <br />associated off-site areas; failure to construct a channel so as to not increase the potential <br />for downstream flooding and minimize adverse impacts to the hydrologic balance; failure <br />to construct a permanent diversion to safely pass the peak runoff from a 10-year storm <br />event; failure to construct a permanent diversion to prevent additional contribution of <br />suspended solids to stream flow and runoff outside the permit area; failure to provide <br />adequate pond capacity to contain or treat the runoff from a 10-year, 24-hour storm <br />event; failure to provide a non-clogging de-watering device on a pond to remove water <br />storage resulting from inflow; failure to prevent outflow through the pond's emergency <br />spillway during the passage of runoff resulting from a 10-yr, 24-hour precipitation event; <br />and failure to provide adequate freeboard to prevent overtopping of the pond's <br />embankment by sudden increases in volume. <br />There were five abatement steps to be completed by October 15, 2008. Abatement step <br />No. 1 was to clean Prospect Pond to remove sediment to restore the proper pond volume <br />and function. Step No. 2 was to complete an inspection of the Prospect Pond <br />embankment to ensure stability. This was to be performed by a registered professional <br />engineer with a report of the findings forwarded to the Division for review. Step 3 was to <br />complete construction of the Prospect Ditch, including the necessary riprap, as designed <br />and to repair the Prospect Ditch as required to fix erosion problems that have occurred. <br />Step 4 was to repair both of the large gullies to the north and south of the Prospect Ditch <br />which are contributing a great deal of sediment to the Prospect Pond. Step 5 was to <br />submit to the Division a technical revision detailing methods that will be immediately <br />implemented to reduce the peak flow into the Prospect Pond from storm events as <br />discussed in the Permit Renewal-05 correspondence. Steps 1 & 5 have not been <br />completed and an extension until November 24, 2008 had been granted to complete these <br />items. Steps 2, 3 & 4 have been completed to the extent possible. The violation has not <br />been terminated. <br />On November 7, 2008, an Assessment Conference was held at the Division of <br />Reclamation, Mining and Safety Offices located at 1313 Sherman Street, Room 215 in <br />Denver, Colorado. In attendance were, in addition to the Conference Officer, Mr. Jim <br />Stark, Ms. Sandra Brown and Mr. Kent Gorham representing the Division of