_INSPECTION - C1981019 ‎(21)‎

• Permit No: C1981019
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 1/20/2009
• Email Name: JRS
• Media Type: D
• Archive: No

IV. ENFORCEMENT ACTIONS
Colowyo C-1981-019
20 January 200
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. The
Division fixed a penalty on15 December 2008. On 18 December 2008 Colowyo
requested a hearing before the Mined Land Reclamation Board to discuss/dispute
the facts of CV-2008-004. The operator paid the civil penalty (put it in escrow) on 5
January 2009. Colowyo has indicated that it will withdraw its request for a Board
hearing.
Colowyo submitted a Technical Revision on 24 December 2008 to fulfill one of two
outstanding abatement steps. The second outstanding abatement step, the
cleaning of the Prospect Pond, has been extended until 20 February 2009. As the
pond cleaning was almost complete at the time of the inspection, it is anticipated
that there will be no need to further extend the abatement of CV-2008-004.
NOTE: Attach appropriate VIOLATIONS or CESSATION ORDER CODING FORMS
Revised 2/97
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