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