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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 />Explosives & Air Resource Protection: <br />On July 21, 1997 [investigated the citizen complaint regarding flyrock from Bowie #2 hitting the <br />residence of Terry and Rita Rugh. That afrernoon I went to the fruit stand and met with Doug Frazier <br />the owner of the property and from my understanding, the person who filed the complaint. <br />Mr. Frazier stated to me, "I should not be telling you this, but the mine is trying to run us out". <br />According to Mr. Frazier, he had another party appraise his property and Bowie thought the appraisal <br />was too high. He stated that he wants to sell all of his property which includes land, home and <br />apartment rentals, but felt that it was worth more than Bowie was offering. He than admitted that <br />Bowie was in the process of appraising the property at the present time. This was verified when I <br />visited the property and the Bowie appraiser was in the process of measuring the buildings. <br />Mr. Frazier stated that there was a blast between 5:30 and 6:00 PM on Friday the 18th, and that one <br />of the charges did not go off when it should have and that when the last one went off it threw rock that <br />hit his house (which was rented by Terry and Rita Rugh), and all around the area including the <br />irrigation ditch and his shop. According to Mr. Frazier, Tony Bear and the Bowie construction foreman <br />came down and apologized to Ms. Rugh and said that they would pay for any damage that was <br />caused. Mr. Frazier stated that Terry Rugh came home and that Mr. Rugh and Tony Bear walked <br />around the property and picked up flyrock, and that Tony took the rocks with him. Mr. Frazier also <br />stated that the Rugh's children were playing under the deck or they would have been hit by the rocks. <br />Mr. Frazier additionally stated that he had talked with the ditch tender and that he had told him that <br />there was a lot of flyrock along the service road along the ditch. <br />Next, the conversation switched to the dust problem. According to Mr. Frazier there is dust coming <br />down to the homes every morning and evening when the wind blows. He stated that it was worst <br />when the Mine was hauling gravel for the road. Mr. Frazier than gave me directions to the Rugh home. <br />On that same day, when I arrived at the Rugh home there was no one at home. I looked over the <br />property without going inside the fence and took numerous pictures of the property and the Mine site <br />above. Some dust was observed from the Mine construction, but none of it was leaving the site. No <br />flyrock was found on the roof of the house, shop or the large concrete parking area in front of the <br />house. Other items that were inspected with no evidence of flyrock or damage were: <br />• several fruit shipping boxes <br />• a glass door lying flat on a trailer <br />• driveway into the Rugh residence <br />• driveway into the Martinez residence (a home closer to the blast area) <br />• road along the canal <br />• old State Highway 133 <br />• cars parked in front of old building west of the Rugh driveway, but closer to the road <br />• the old building along old Highway 133, east of the Rugh driveway <br />After leaving the property Mr. Frazier stopped me and told me that Ms. Rugh had been away from her <br />home and that I must have just passed her. I returned to the Rugh's home and then interviewed Rita <br />Rugh. <br />