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IV. ENFORCEMENT ACTIONS Colowyo C-1981-019 9 December 2008 1� The following identifies enforcement actions taken during this inspection, the required abatement and date of abatement for the violation, previous violations still requiring abatement and the termination of violations cited during previous inspections. Notice of Violation CV-2008-004 remains outstanding. This violation was issued on 26 August 2008 for Failure to minimize disturbance to the hydrologic balance in the mine and associated off-site areas, failure to construct a channel so as to not increase the potential for downstream flooding and minimize adverse impacts to the hydrologic balance, failure to construct a permanent diversion to safely pass the peak runoff from a 10-year storm event, failure to construct a permanent diversion to prevent additional contribution of suspended solids to stream flow and runoff outside the permit area, failure to provide adequate pond capacity to contain or treat the runoff from a 10-year, 24-hour precipitation event, failure to provide a nonclogging dewatering device on a pond to remove water storage resulting from inflow, failure to prevent outflow through the pond's emergency spillway during the passage of runoff resulting from the 10-year, 24-hour precipitation event and failure to provide adequate freeboard to prevent overtopping of the pond's embankment by sudden increases in volume. A proposed penalty was assessed on 24 September 2008. The Division and Colowyo held assessment conferences on 7 November 2008 and 17 November 2008, Colowyo did not sign the assessment agreement and the Division fixed a penalty on15 December 2008. The Division has extended the abatement date for the submittal of the Technical Revision to 24 December 2008 and for the cleaning of the Prospect Pond until 20 February 2009. NOTE: Attach appropriate VIOLATIONS or CESSATION ORDER CODING FORMS Revised 2/97 m:\coal\share\forms\8101