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111111,1\ \I ~ i'I lil I( III r (Page 2) MINE ID ~ OR PROSPECTING ID ~: nr-IVx~.nl5 INSPECTION DATE: ~/ i ~ x ~/2L1/M INSPECTOR S INITIALS: ~!L OBSERVATION The Division conducted an inspection of the site after receiving a letter- from the operator on 7/10/06, ttrat the Arkansas River had breached its banks and flooded the pit. According to the operator, the Arkansas River breached its banks along the east side of the pit area and flooded the pit. According to the letter., th Elow in the Arkansas at the USGS gauging station was recorded at 16,000 cfs. When the Division arrived on site on 7/17/06, the operator stated that due to a family emergency, Diana Humphreys of the Army Corps could not be present, and would .like to reschedule the inspection for 67/20/06. The Division agreed to be present at that time to conduct the inspection with her. Since the water resources representative (State Engineer) Mr. John Vanoz-t, was already on site, the area of the breach was inspected. As reported by the operator the entire pit was under approximately 20 feet of water. A conveyer system measuring 15D0 feet and a portable screen were the only mine related machinery that was under water in the nit. The breach according to Mr. Clayton Morrow mine foreman was measured at approximately 276 feet. The access road to the west side of the pit was along that portion that was wiped out by the river. The pit foz• all practical purposes was now part of the river channel. The operator is only allowed to expose 12 acre feet of water under their water substitute supply plan ir. excess of 72 hours. Since ti~at is the only possible problem to be noted in the inspection report, and the fact that. a representative from the State Engineer was already on site, this inspectior report will not be copied to the State Engineer. Discussed with the operator how to best obtain an expedited 404 permit so ttre repair can be completed and the pit de watered. Mr. Herman's stated that Dian has agreed to issue an emergency permit but has to look at the site first. On July 20, 2006, with Ms Humphreys present the site was inspected again, not much had changed since the 17(^. Ms Humphreys assured the operator and the Division once the requested information is faxed to trey by the operator she will issue the emergency 404 permik to the operator so they can commence reconstructing the channel to approximate or;ginal configuration. That same afternoon the requested information was provided to 'the Army Corps with a copy to DMG. Since the Army Corps has primacy on channel reconstruction on water of the US, the Division allows the operator to affect the 1000 foot buffer zone for the channel as approved in 1986, as lang as the operator reclaims the site to approximate original condition after the construction work is completed. After the inspection was completed, Ms Humphreys requested the Division accompany her to visit the Holnam site in Florence Colorado, which was slat flooded by the same river during the same intense ppt. Pez•iod.