2010-09-03_ENFORCEMENT - C1981019 (5)

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.,411110 Kurtis Blunt Colowyo Coal Company P.W. 5731 State Highway 13o Meeker, CO 81641�� September 3, 201 Mr. James Stark Division of Reclamation, Mining and Safety 1313 Sherman St. Room 215 Denver, CO 80203 RE: Request to Vacate NOV No. CV- 2010 -004, Dated August 23, 2010, Colowyo Coal Mine, Permit No. C -81 -019. Dear Mr. Stark, On August 24, 2010, Colowyo Coal Company L.P. ( Colowyo) was notified that the Division of Reclamation, Mining and Safety (Division) was pursuing a Notice of Violation (NOV) for the condition of ditches constructed as part of annual reclamation activities during the summer of 2009. In addition to the issues identified with the ditch segments, the West Taylor Pond was found to be • allowing a small flow of water through what is suspected to be a leak in the riser pipe assembly of the primary discharge pipe. Colowyo received an official copy of the NOV on August 25, 2010. All of the issues included in the NOV were identified as a result of a monthly Division inspection the previous week by Jim Stark and Kent Gorham. A meeting was held between members of Colowyo's Environmental and Engineering staff and the Division representatives to discuss these issues. At that time, Coloywo offered to do anything and everything required to rectify the identified issues in a timely and appropriate manner. Through the regularly scheduled monthly on -site inspections of the ditch segments conducted both during and after construction of these segments in 2009, Colowyo received written confirmation that these areas "appeared to be constructed as designed ". What at the time (summer, 2009) was agreed to be a "field fit" of the lower segment of the North Tributary, East Pit Ditch, was subsequently deemed to not be appropriate during the August 2010 inspection. Additionally, the suspected riser pipe leak in the West Taylor Pond is a new development and not a circumstance of lack of due diligence with respect to maintaining this structure. Colowyo cleaned this pond in 2009 and was determined to be in good condition during the July 2010 CDRMS inspection. Given the circumstances surrounding these issues and Colowyo's repeated desire to rectify all the issues identified as a result of the August 2010 inspection, Colowyo does not believe the NOV process is the only path to resolution. As an alternative, Colowyo has included in this packet a copy of the materials, procedures and timing of activities that will be utilized to rectify the issues identified as a result of the August 2010 on -site inspection. Colowyo will specifically provide and commit to the following: 1) By Friday, September 3'rd Colowyo will submit an updated map and SedCad modeling for changing the path of the lower segment of the North Tributary, East Pit Ditch as deemed • appropriate by Sandy Brown and Jim Stark on August 27'th to be incorporated into the TR -87