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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />D I V I S 10 N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />INTEROFFICE Bill Ritter, Jr. <br />Governor <br />MEMORANDUM Mike King <br /> Executive Director <br />TO: Loretta Pineda Loretta E. Pineda <br />Director <br />FROM: Jim Stark <br />SUBJECT: Colowyo Mine, Permit No. C-1981-019 <br />Request for Vacation of Violation CV-2010-004 <br />DATE: 9 September 2010 <br />On 19 August 2010 Kent Gorham and I inspected the Colowyo Coal Company, LP's <br />Colowyo Mine. During the inspection we observed that Colowyo had not constructed <br />several permanent, post-mining drainage channels according to the approved designs. <br />The channels were the Final East Pit Ditch, the North Tributary, East Pit Ditch and the <br />Taylor Tributary Ditch. The Final East Pit Ditch had incorrect ditch and riprap sizing, <br />the North Tributary, East Pit Ditch was constructed in the wrong location and had <br />incorrect ditch and riprap sizing and the Taylor Tributary Ditch had incorrect ditch and <br />riprap sizing. As a result of these observations, Notice of Violation CV-2010-004 was <br />issued to the Colowyo Coal Company on 23 August 2010 for "failure to construct <br />permanent post-mining drainage channels in accordance with the approved reclamation <br />plan, failure to construct permanent, post-mining drainage channels to safely pass the <br />peak runoff from a 100-year, 24-hour storm event and failure to construct permanent, <br />post-mining drainage channels to prevent additional contribution of suspended solids to <br />runoff', pursuant to Rules 4.05.3(7), 4.05.4(2) and 4.05.4(4). <br />Additionally, on the inspection the Division observed a sediment pond, the West Taylor <br />Pond, which was discharging from a point other than an approved location (below the <br />water level). The Division included this unapproved discharge as part of Notice of <br />Violation CV-2010-004 for "failure to properly construct and maintain sediment ponds", <br />pursuant to Rule 4.05.6(2). <br />The Colowyo Coal Company has requested that the NOV be vacated in a submittal dated <br />3 September 2010 (received on 7 September 2010). In the cover letter Colowyo states <br />that they believe a violation is not warranted because the Division stated that they <br />believed the above referenced ditches were constructed properly. While I did inspect the <br />ditches following construction and did state that it appeared as though the ditches were <br />constructed properly, some of the design criteria were not reviewed prior to making this <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines