2010-11-17_INSPECTION - C1981019

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November 3, 20 10 C-1981-019/Colowyo Coal Mine JRS ENFORCEMENT ACTIONS/COMPLIANCE Infraction Number: CV2010004 Inspection Date: August 18, 2010 Date Issued: August 23, 2010 Primary Topic: Hydrologic Balance Following the 18 August 2010 inspection the Division issued Notice of Violation CV-2010-004. The violation was issued for: Failure to construct permanent post-mining drainage channels in accordance with the approved reclamation plan. Failure to construct permanent, post-mining drainage channels to safely pass the peak runoff from a 100-year, 24-hour storm event. Failure to construct permanent, post-mining drainage channels to prevent additional contribution of suspended solids to runoff. Failure to properly construct and maintain sediment ponds. This violation applies to four areas: the lower 1,200 feet (approximately) of the North Tributary, East Pit Ditch; the lower 1,100 feet (approximately) of the Final East Pit Ditch; the lower 1,500 feet (approximately) of the Taylor Tributary Ditch; and the West Taylor Pond. More detail regarding the nature of the violation can be found under "Hydrologic Balance" in the narrative above and the pictures, which follow. The abatement steps, which are due no later than 19 November 2010, are as follows: 1. Repair and construct noted ditch segments as designed and approved, ensuring that sideslope drainage can freely enter the ditches, that ditches are constructed and located in their approved locations, that bottom width, sideslope and freeboard are constructed as designed and that riprap sizing is as approved in the design. 2. Provide the Division with an as-built certification by a registered, professional engineer for the ditch segments noted to document they have been repaired and completed as designed. 3. Repair the leaking outfall on the West Taylor Pond and provide the Division with a report detailing the problem and the repairs completed. Colowyo provided the Division with additional information and a request for vacation on 7 September 2010 (dated 3 September 2010). The request for vacation was denied. Notice of Violation CV-2010-004 remains in effect at this time. As discussed in "Hydrologic Balance" above, the :Division inspected the Final East Pit Ditch, the North Tributary, East Pit Ditch and the Taylor Tributary Ditch. The abatement work for these ditches has been completed. The Division also received an as-built certification for these ditch segments and the work completed and noted in the 23 September 2010 inspection report regarding the West Taylor Pond. The Division terminated Notice of Violation CV-2010-004 on 9 November 2010. Number of Partial Inspection this Fiscal Year: 5 Number of Complete Inspections this Fiscal Year: 2 Page 7 of 12