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.' MINE SITE INSPECTION EVALUATION REPOE2T PAGE 6 Bourg Strip Mine GENERAL COMMENTS A complete oversight inspection was conducted of the Bourg Strip with the partial participation of the Colorado Mined Land Reclamation Divi- sion (MLRD). The inspection included the mine and load-out sites. The authorizations to operate were available for review at the mine of- fice on site. The review included State Permit Number 79-125 dated 8/27/80; pond certifications for ponds A, B, C and H dated 9/16/82; a road construction certification dated 9j16/81; the technical revision to the permanent program permit application (#C-021-81) dated 9/22/81 to include the 2.82 acre load-out site; the permanent program permit appli- cation itself, and water monitoring analyses for surface and ground water dated 7/29/82 and 10/1/82, respectively. NPDES permit number CO-0036854 dated 4/28/81 authorizes ciischarge to Mann Draw and event- ually the receiving Canadian River. The limit of unconsolidated stream- laid deposits is north of the mine area with no evidence of historical irrigation or subirrigation of Mann Draw. The partial construction of a permanent fill designated the east dump has been a subject of concern on the Bourg Strip. Walden Coal Company has contended that excess spoil conditions exist and merit construction of the fill. Excess spoil conditions were not recognized in the origin- al permit, according to Mike Savage of the MLRD. At issue is the fact that construction of the fill was begun prior to the pending approval of the permanent program permit application in which the excess spoil and fill are addressed. A study completed by Dames and Moore of Golden, Colorado, dated 5/17/82, concluded that "...hydrologic impacts may con- sist of a small reduction in runoff, a minor increase in ground water recharge, and a negligible impact on surface or ground water flow volume or quality outside property limits. Geotechnical impacts will be negli- gible. Fill procedures will produce fill densities and strengths such that stability will be satisfactory. Post mining topography will be similar to premining topography." According to the permit application, the east dump will encompass approximately 40 acres upon completion. The fill depth will range upward to 45 feet, though only 7.3 acres will exceed 30 feet in depth. A small ephemeral drainage course was situated in the present east dump site. Mr. Savage stated that the MLRD believes that the fill will not change the basic character of the topography or overall drainage, though the ephemeral drainage will be rerouted. Since the anticipated environ- mental impact is slight, the concern is for the legal precedent which may result from approving a technical violation of the submission and approval process which must precede actual construction.