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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion.of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />The USBR expressed concerns about whether the pond capacity for Pond F was adequate for the size <br />of the drainage azea. The USBR will examine the Pond F design data further and provide details of <br />their concerns to the DMG. <br />The inspection proceeded west along the Deer Trail Ditch to the area below Pond C and Pond D. Pond <br />C and Pond D were not inspected but neither pond was dischazging. Pond C receives disturbed azea <br />runoff from a part of the main mine site as well as any mine water being pumped out of the $owie No. <br />2 Mine workings. Pond C is an unlined sediment pond that has a gated primary dischazge tube and an <br />open channel emergency spillway. Pond D is an unlined sediment pond that receives disturbed azea. <br />runoff from Gob Pile No. 1 (coal waste pile). Pond D also has a gated primary dischazge tube and an <br />open charmel spillway. Both Pond C and Pond D aze north and up gradient of Old State Highway 133, <br />the Deer Trail Ditch and the Fire Mountain Canal. All discharges from Pond C and Pond D enter a <br />Colorado Departrnent of Transportation (CDOT) road ditch and pass under the Old State highway 133 <br />through a 30 inch diameter CDOT culvert. The dischazge water, then, flows into the Deer Trail Ditch. <br />Similaz to Pond F, this Pond C and Pond D dischazge water, after having entered the Deer Trail Ditch, <br />could be diverted through the Fire Mountain Canal Bypass valve into the Fire Mountain Canal or over <br />the Fire Mountain Canal. <br />Just west of where the highway culvert takes Pond C and Pond D discharge water to the Deer Trail <br />Ditch, the Deer Trail Ditch begins to show maintenance problems. Weeds are growing in the Deer <br />Trail Ditch to the point where the flow of ditch water is slowing down and backing up, thereby <br />reducing the capacity of the ditch. <br />Further to the west but just east of Pond B, water from the Deer Trail Ditch can be diverted to the <br />Terror Creek Loadout through a culvert over the Fire Mountain Canal. If the Bowie No. 2 Mine is <br />discharging treated water from Pond F, Pond Dand/or Pond C into the Deer Trail Ditch, this treated <br />water could end up at the Terror Creek Loadout. As documented in the DMG's inspection report dated <br />October 10, 2004, a representative from the Terror Creek Loadout had contacted the USBR on October <br />5, 2004. At this October 26, 2004 inspection, according to a representative of the Fire Mountain Canal, <br />a representative of the.Terror Creek Loadout noticed that there was foam in the water that the Terror <br />Creek Loadout was receiving from the Deer Trail Ditch. However, no water samples or photographs <br />were taken at that time. Also, in this segment of the Deer Trail Ditch, weeds and small trees aze <br />growing iri thick abundance in the Deer Trail Ditch, reducing the ditch's capacity to carry water. <br />The inspection proceeded to the westernmost sediment pond at the Bowie No. 2 Mine. Pond B is an <br />unlined pond that has a gated primary discharge tube and an open channel emergency spillway. The <br />pond is directly between the up gradient Old State Highway 133 to'the north and the down gradient <br />Deer Trail Ditch and the Fire Mountain Canal to the south. The water level in Pond B was above the <br />primary dischazge tube. The gated primary dischazge tube valve was closed and there was no <br />dischazge. According to Bowie Resources, Pond B was dewatered after the inspection. The primary <br />dischazge tube and the emergency spillway of Pond B both dischazge into the Deer Trail Ditch. The <br />