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August 24, 2010 C-1981-019/Colowyo Coal Mine JR <br />ENFORCEMENT ACTIONS/COMPLIANCE <br />Infraction Number: CV2010004 <br />Inspection Date: August 18, 2010 <br />Date Issued: August 23, 2010 <br />Primary Topic: Hydrologic Balance <br />Secondary Topic: <br />Tertiary Topic: <br />Description: <br />Following the 18 August 2010 inspection the Division issued Notice of Violation CV-2010-004. The <br />violation was issued for: Failure to construct permanent post-mining drainage channels in <br />accordance with the approved reclamation plan. Failure to construct permanent, post-mining <br />drainage channels to safely pass the peak runoff from a 100-year, 24-hour storm event. Failure <br />to construct permanent, post-mining drainage channels to prevent additional contribution of <br />suspended solids to runoff. Failure to properly construct and maintain sediment ponds. <br />This violation applies to four areas: the lower 1,200 feet (approximately) of the North Tributary, <br />East Pit Ditch; the lower 1,100 feet (approximately) of the Final East Pit Ditch; the lower 1,500 <br />feet (approximately) of the Taylor Tributary Ditch; and the West Taylor Pond. More detail <br />regarding the nature of the violation can be found under "Hydrologic Balance" in the narrative <br />above and the pictures, which follow. <br />The abatement steps, which are due no later than 19 November 2010, are as follows: <br />1. Repair and construct noted ditch segments as designed and approved, ensuring that sideslope <br />drainage can freely enter the ditches, that ditches are constructed and located in their approved <br />locations, that bottom width, sideslope and freeboard are constructed as designed and that riprap <br />sizing is as approved in the design. <br />2. Provide the Division with an as-built certification by a registered, professional engineer for <br />the ditch segments noted to document they have been repaired and completed as designed. <br />3. Repair the leaking outfall on the West Taylor Pond and provide the Division with a report <br />detailing the problem and the repairs completed. <br />Colowyo provided the Division with additional information and a request for vacation on 7 <br />September 2010 (dated 3 September 2010). Notice of Violation CV-2010-004 remains in effect <br />at this time. <br />Number of Partial Inspection this Fiscal Year: 3 <br />Number of Complete Inspections this Fiscal Year: 0 <br />Page 18 of 39