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• <br />• <br />f� <br />materials (East Pit Sediment Structures). As agreed, modification of this segment will be <br />delayed until final approval of TR -87. However, work will begin immediately once approval <br />is granted. <br />2) By Friday, September 3'rd Colowyo will generate and provide detailed field plans for <br />repairing /modifying each ditch segment to match the approved design to ensure proper flow <br />of stormwater into the segments and appropriate riprap sizing. <br />3) By Friday, September 3'rd Colowyo will generate and provide detailed plans for sealing the <br />suspected riser pipe leak in the West Taylor Pond to restore proper function to the structure. <br />4) Colowyo will provide as requested after work is completed, as -built certifications by a <br />registered professional engineer for the identified segments requiring modification. As <br />discussed with Division staff, the plan moving forward is to provide these incremental <br />certifications each year within the subsequent Annual Reclamation Report to avoid the <br />potential for this particular situation recurring in the future. Additionally, Colowyo will <br />request in the future that Division staff ultimately responsible for officially determining <br />compliance with these structural designs be made available for a site inspection during the <br />year of construction so any discrepancies can be identified early and resolved immediately <br />while construction is underway. Sandy Brown, Kent Gorham and Jim Stark evaluated the <br />work being completed on the 2010 ditch segments in August 2010 and liked what they saw. <br />5) Given reasonable field conditions between now and November 19, 2010 Colowyo believes <br />that all issues identified by the August 2010 inspection will be resolved (pending no delays in <br />the approval of TR -87) by November 19, 2010 as required in the NOV. Colowyo's goal is to <br />resolve all issues as soon as possible and has already commenced work on the Taylor <br />Tributary Ditch and the suspected West Taylor Pond riser pipe leak. Colowyo would agree to <br />accomplish these tasks by November 19, 2010 unless circumstances conspire to prevent this. <br />As this alternative process is considered binding, should good reason not be provided and <br />justified to the satisfaction of the Division why the issues are not resolved in this time frame, <br />Colowyo fully understands that the NOV process will be reinitiated at that time. As the NOV <br />process allows for the granting of an extension to resolution of mitigation issues, this would <br />also seem reasonable with an alternative process like this with good cause. <br />In conclusion, Colowyo respectfully requests that the Division consider vacating this NOV in order <br />to recognize the actions currently underway and planned in order to resolve the issues identified as a <br />result of the August 2010 inspection. The employees and on -site management of Colowyo, in <br />addition to the corporate Rio Tinto management team take the receipt of an NOV extremely <br />seriously and truly see it as a black mark on our reputation and an implication of deliberate <br />contravention of the rules. In the last five years, Colowyo has submitted for review approximately <br />34 Minor Revisions, 29 Technical Revisions and 2 Permit Revisions. This information is provided <br />only to prove the point that Colowyo has been responsive to the vast majority of issues raised by the <br />Division in the recent past. Obviously, certain issues are more contentious and difficult to navigate <br />than others, and in a few isolated cases in the past this has led to delays in the resolution of some <br />issues. Colowyo's permitting activities in the last several months has moved several outstanding <br />issues forward in a positive way, as recognized by several of the Division's staff. It is unfortunate <br />that the Division believes the NOV process is necessary to resolve these issues, especially under <br />these circumstances, where there was an initial determination of compliance followed by a <br />determination of non - compliance, immediately followed by the issuance of an NOV. Colowyo <br />understands the Division does not have to provide us with an opportunity to rectify these issues prior <br />to initiating the NOV process, but in this case Colowyo believes it is not unreasonable to request we <br />be granted that opportunity. Should Colowyo be granted this opportunity, it is fully understood that <br />