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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 ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br /> Bill Ritter, Jr. <br />INTEROFFICE <br />Governor <br />MEMORANDUM Mike King <br /> Executive Director <br /> <br />TO: Dan Hernandez Loretta E. Pineda <br />Director <br />FROM: Jim Stark <br />SUBJECT: Colowyo CV-2010-004 Penalty Assessment <br />DATE: 15 September 2010 <br />I am requesting your assistance in assessing a penalty for Notice of Violation CV-2010- <br />004 at the Colowyo Mine. The violation was issued on 23 August 2010 (received by <br />Colowyo on 25 August 2010) for numerous violations related to improper ditch <br />construction and failure to maintain a sediment pond, based on the Division's 18 August <br />2010 inspection. The NOV file folder, a copy of the inspection report and a copy of <br />Colowyo's response and additional information is attached. There are also additional <br />photos located at M:\coahjrs\August 2010 photos. <br />The violation was written for the following: Failure to construct permanent post-mining <br />drainage channels in accordance with the approved reclamation plan. Failure to construct <br />permanent, post-mining drainage channels to safely pass the peak runoff from a 100-year, <br />24-hour storm event. Failure to construct permanent, post-mining drainage channels to <br />prevent additional contribution of suspended solids to runoff. Failure to properly <br />construct and maintain sediment ponds. <br />This violation applies to four areas: the lower 1,200 feet (approximately) of the North <br />Tributary, East Pit Ditch; the lower 1,100 feet (approximately) of the Final East Pit Ditch; <br />the lower 1,500 feet (approximately) of the Taylor Tributary Ditch and; the West Taylor <br />Pond. <br />The steps for abatement, which are currently being worked on by Colowyo are: <br />1. Repair and construct noted ditch segments as designed and approved, ensuring that <br />sideslope drainage can freely enter the ditches, that ditches are constructed and located in <br />their approved locations, that bottom width, sideslope and freeboard are constructed as <br />designed and that riprap sizing is as approved in the design. <br />Office of Office of <br />Mined Land Reclamation Denver 9 Grand Junction • Durango Active and Inactive Mines