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Basil Bear, Bowie Resources, LLC C -1981 -038 / TR -58 PAR 22- Apr -2014 Page 2 of 4 be reasonably construed to imply that untreated drainage from the disturbed areas will not contribute suspended solids at levels above natural conditions and would meet the State and Federal water quality standard requirements, as required by Rule 4.05.2(2). In addition to the demonstration provided with TR -58, BRL's quarterly sediment pond inspections for the Timber Storage (ROM), West Mine W -1, and West Mine W -22 ponds for the last five years were reviewed. Sediment levels in the ponds have remained fairly constant and the ponds have not required dredging, suggesting that reclaimed areas are not contributing a large amount of sediment. Division inspection reports from the last three years indicate that there is rarely water in any of these three ponds, even after heavy rainfall in the area was reported, which would indicate that vegetation on the reclaimed areas is well established and effectively reducing the amount of runoff and subsequent sediment load from the reclaimed areas_ The inspection reports also document stable ground conditions (absence of erosional features), also supporting the appropriateness of removing the drainage control structures at this time. The Division will accept BRL's demonstration that vegetation is adequate to warrant removal of the sediment control structures at the West Mine and ROM areas and will approve the removal request. 2. While reviewing BRL's application, it became apparent that there may be insufficient information in the currently approved permit application package regarding final reclamation and reconstruction of the portion of East Roatcap Creek that underlies the West Mine sediment ponds. We are unable to locate documentation of compliance with Rules 4.05.4 (1), (2), and (3) governing stream channel diversions and reconstruction. Approval to reroute East Roatcap Creek through the existing 48" CMP culvert was granted by the Division under the Permit Revision No. 2 (PR -2) application approved December 17, 1986. During review of PR -2, the Division indicated that the reconstruction plans for East Roatcap Creek were insufficient. Colorado Westmoreland (permittee of the operation at the time) indicated in a September 26, 1986 adequacy response letter, that topsoil handling and drainage designs were pending and would be submitted to the Division by October 6, 1986. We located the following maps and plans that were subsequently submitted, none of which give a detailed plan for the reconstruction of the creek: • OVWM Portal Bench East Roatcap Crk Culvert Details (laserfiche Permit File doe. date 09/17/1986; Volume 8 - Culvert Capacities in the PAP binders) OVWM Portal Bench East Roatcap Crk Culvert Plan and Profile (laserfiche Permit File doe date 09/17/1986; Volume 8 — Culvert Capacities in the PAP binders)