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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the (acts or evidence supporting the enforcement action. This was a partial inspection of the Bowie No. 2 Mine conducted by Susan Burgmaier of CDMG. The inspection is based on a pedestrian survey of the mine area on 5/22/97, and review of aerial photographs of the site taken 5/8/97. Basil Bear was present during part of the 5/22/97 inspection. Weather conditions during the 5/22/97 inspection were cool and rainy. It had been raining since early morning, and continued late into the afternoon. The mine is currently being developed. Pond B has been constructed, and the main haul road was under construction. No construction activities were observed during the 5/22/97 inspection, as the crew had been on holiday. Signs and Markers A mine identification sign was in place at the permit boundary entrance of Old State Highway 133. Apparent disturbance boundary markers (solid white stakes) have been placed, for the most part, on disturbance lines. There was one location, however, where the disturbance was outside of the markers. In attempting to verify that all disturbance is within approved limits, DMG has become aware that there is not a good depiction of the disturbed area boundary on any of the maps in the permit application package. Therefore it was difficult to establish the disturbed area boundary. The Division will require that BRL submit a map which accurately depicts the expected disturbed or redisturbed areas associated with the operation. The map should be submitted in the form of a minor revision to the permit, and should be submitted within 15 days of receipt of this report. The Division will further review the boundary and the current extent of disturbance to ensure compliance. Roads and Hydrologic Balance A comparison of aerial photographs to the approved haul road maps indicate there may be deviations from the approved road configuration. It is not clear, however, whether these possible deviations are temporary and the road will eventually follow the approved alignment. Bowie Resources, Limited (BRL) should be aware that it is imperative that the road follow the approved plan, as the determination that the road will be stable is based on defined grades, switchback configurations, and cut and fill locations and volumes. Any significant field adjustments must be approved by the Division prior to implementation. The Division will continue to closely monitor the construction of the road to ensure that it is in compliance with the approved plan. Sediment control problems were noted on the road and truck loadout construction areas, and Notice of Violation No. C-97-005 was issued. Silt fences had been installed at the mine entrance end of the haul road, at the sediment pond outslope, and below the truck loadout disturbance area. None of the fences were properly installed, and a considerable amount of sediment was being transported beyond the permit area boundary. Silt fences should be trenched below grade to ensure that no sediment will pass below the fence, and should be long enough to ensure that no sediment laden water goes around the fence. Earthen material had been piled up on the bottom of all of the silt fences in an apparent attempt to bury the bottom edge, but it did not appear that a trench had been cut in. The three silt fences in the ditch at the east side of the mine entrance road were not trenched in, and muddy water was passing below two of them, including the lowermost one prior to discharge off-site. The sediment laden water was discharging at a rate of 3-5 g.p.m., and had resulted in the deposition of a sediment delta roughly 2'/z feet in width and 5 feet long. The center fence in the series was not long enough across the channel, so water flowed around the fence. Below the truck loadout