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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations <br />made during the inspection. Comments also describe any enforcement actions taken during <br />the inspection and the facts or evidence supporting the enforcement action. <br />This was a complete inspection conducted by Janet Binns of Colorado Division of Minerals and <br />Geology. Mr. Rick Mills of RAG Empire met the inspector on the mine site. The Eagle 5 & 9 mine is <br />in temporary cessation with no mining taking place. The operator continues to vent the mine and <br />pump water from the mine in accordance with the approved perntit. No other mining related activity is <br />taking place on this site. Northwest Colorado has been unseasonally warm and mild this fall. A fast- <br />moving storm front moved through the area the day preceding this inspection dropping the <br />temperatures and bringing 0.21 inches precipitation. <br />Records: Mine records were checked and observations recorded on "DMG Availability of Records <br />form" accompanying this report. Mr. Mills had brought items noted previously from the office at the <br />Twentymile Mine to file in the Eagle 5 & 9 files. One file mentioned in the previous inspection report, <br />Midterm findings, was inadvertently left behind. This file needs to be filed at the mine site still. Other <br />records are in order. <br />Roads: A grader was grading the main access road during the inspection. <br />Hydrolouic Balance: The mine site has been dry with the exception of the previous night's <br />precipitation. All ponds not receiving pumped mine discharge water, or waste treatment water, were <br />dry. Ponds were in good repair with adequate vegetation on outslopes. HR-1 pond had been sprayed <br />to manage the knapweed. However, Mr. Mills thought the chemical application may have been late in <br />the growing cycle, so this location will be monitored in the spring to assess if additional herbicide <br />application is needed. <br />Pond 9-P2 and 9-P3 were full of water and were discharging. These two ponds receive [nine water <br />pumped from the North Angle 7 location. The water discharging from 9-P3 (NPDES point 024) was <br />clear. Flow measured 0.35 on the staff gauge on the flume. <br />Ditch 9-D2 has a number of badger holes in the berm. Although this ditch is dry and does not show <br />evidence of recent water flow, the burrows appear to limit the ability of this ditch to carry the designed <br />flow. RAG-Empire needs to maintain this structure. <br />Mine water treatment ponds 5-P6 have repairs completed, are full of mine water, and are discharging, <br />0.4 on 12 inch flume. Bags of unused Gilsonite remain stacked on the embankment. Valve on the <br />west side of cell 5-P6 was not fully closed. A small trickle of water was discharging at this point. This <br />valve needs repair to provide for a complete shut off. <br />Waste water treatment ponds are currently not receiving new water for treatment. RAG-Empire <br />maintains a low water level in the ponds. Water level balance between [he pond cells is needed to <br />maintain the integrity of the cell walls. <br />Page 3 of 5 11/14/01 <br />