1993-11-02_INSPECTION - C1981017

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Minesite Inspection Narrative Page 3 of 4 AFO concluded that the rigid requirements for the issuance of an Imminent Harm Cessation Order could not be sustained at the time of the inspection. However, it was clearly obvious that without required expeditious action by the operator the site could quickly deteriorate into a significant, environmental harm situation. Therefore, as noted above, DMG was asked to take an enforcement action regarding the site. At the close -out meeting following the inspection AFO indicated that a TDN would be issued to address the depressions noted above. This has been done(TDN 93- 020- 190 -05 1 of 4). However, after further consideration of the severe environmental impacts regarding the potential failure of this area and the refusal of DMG to require any additional remedial action regarding the required diversion structure AFO is also issuing a Federal NOV. This action is authorized under 30 CFR 906.30 Article VIII (19). The NOV will require the construction of a diversion to ensure positive drainage of all surface runoff and seepage from the waste bank to the approved sedimentation pond. The diversion must be constructed in accordance with the design requirements of the Colorado program regarding refuse piles. At the time, of this inspection a diversion above this area was being cut in response to a state enforcement action. Water from a seep on the topsoil borrow area was flowing off the site via this ditch without going through any drainage control. There is no state action covering this drainage and Mr Routten did not indicate any would be issued so Ten Day Notice 93- 020 - 190 -05 2 of 4 was issued covering this. The area where water passes over the Dutch Creek Flume was the next area examined. Water was passing under and around the spillway of this structure and had done some undercutting but it appears highly unlikely that this structure would collapse. According to Larry Routten this structure already is under Notice of Violation which requires this structure to be repaired to meet the approved design. As this is under state enforcement action and it is unlikely that the flume would collapse no additional action will be taken at this time. However, AFO will closely monitor DMG's processing of this NOV to ensure that the abatement work is accomplished in the shortest time possible. While viewing the Dutch Creek Flume it was noticed that material from the road crossing over the flume had slumped into the concrete channel. There is no state enforcement action on this problem and no action was taken during this inspection so Ten Day Notice 93- 020 - 190 -005 3 of 4 was issued for this slumpage. The last area viewed was the lower waste pile area above the perimeter drainage ditch downstream from the facilities area adjacent to Coal Creek. Material on the