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(II. 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 facts or evidence supporting the enforcement action. . The sedimentation ponds at Bowie No. 2 aze designated Ponds B, C, D, F, J and K. Ponds J and K were not involved in this inspection because both ponds, located at the unit train loadout, are faz down gradient of the Deer Trail Ditch and the Fire Mountain Canal. Ponds B, C, D and F aze up gradient of the Deer Trail Ditch and the Fire Mountain Canal and were part of this inspecton. The relative position of these four ponds, going from east to west, aze Pond F, Pond D, Pond C and Pond B. These four ponds discharge into the Deer Trail Ditch, which generally runs pazallel and is up gradient of the Fire Mountain Canal. Certain portions of the Deer Trail Ditch are channeled through long, buried culverts. There aze several culverts that can take Deer Trail Ditch water over the Fire Mountain Canal. However, under certain situations, which aze described further in this report, the water in the Deer Trail Ditch could get into the Fire Mountain Canal. The field inspection began on the east end of the Bowie No. 2 Mine site, where a newly constructed Pond F handles the runoff from and above the new Gob Pile No. 2 (coal waste pile). Pond F is an unlined sediment pond, located north and directly up gradient of Old State Highway 133, the Deer Trail Ditch and the Fire Mountain Canal. The Deer Trail Ditch water goes through a culvert at the location of the Pond F embankment. Pond F does not have a primary dischazge tube. Instead, treated water from Pond F is to be pumped from the pond into an opening made in the Deer Trail Ditch culvert. This opening in the Deer Trail Ditch culvert is located in the open channel emergency spillway of Pond F. At the time of the inspection, the Deer Trail Ditch culvert was about half full of flowing irrigation water. There was only a little water in Pond F. If water was being pumped from Pond F into the notch in the Deer Trail Ditch culvert and water was flowing in the emergency spillway from a large precipitation event, the capacity of the opening in the Deer Trail Ditch culvert to handle this water may overwhelm the Deer Trail Ditch culvert capacity, especially if imgation water was already flowing through the Deer Trail Ditch culvert. If the Deer Trail Ditch culvert could not handle all of this discharge water, the excess dischazge water would flow into the Fire Mountain Canal. The Division sent a letter dated September i, 2004 to Bowie Resources asking for additional information regazding the Pond F spillway system. Bowie Resources has not responded to the Division's letter yet. Another way for Pond.F dischazge water to enter the Fire Mountain Canal involves a gated Y connection further to the west. Some of the water from the Deer Trail Ditch enters a 10 inch diameter culvert that connects to a bypass valve at the Fire Mountain Canal. Depending on the orientation of the bypass valve, some Deer Trail Ditch water can either go across the Fire Mountain Canal or it can flow directly into the Fire Mountain Canal. This arrangement was requested by the Fire Mountain Canal Company so that two down stream water users can get stock pond water outside of the irrigation season, when, normally, the Fire Mountain Canal is dry. If Pond F happens to be dischazging into the Deer Trait Ditch at the same time that this bypass valve allows Deei Trail Ditch water to enter the Fire Mountain Canal, then pond discharge water, diluted only by the Deer Trail Ditch irrigation water, could get into the stock ponds. 2