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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 partial inspection of the Bowie No. 2 Mine conducted by Sandy Brown from DMG. <br />It was clear crisp day. Bill Bear accompanied me on the inspection. Construction of the <br />upland conveyor has started. <br />The primary purpose of the inspection was to observe the sediment control system as it <br />relates to the Deer Trail Ditch and Fire Mountain Canal. A representative of Terror Creek <br />Loadout contacted the Division on October 4, 2004 regarding a meeting they had with the <br />U.S. Bureau of Reclamation. Subsequently, Bob Major from the U.S. Bureau of Reclamation <br />(USBOR) contacted the Division on October 5, 2004. Mr. Major had several questions <br />about the sediment pond designs and the discharge points. The BOR has an ownership <br />interest in the Fire Mountain Canal and they were concerned that the pond discharge, <br />particularly from Pond F, was flowing into the canal. <br />There was no discharge from Pond F, D, C or B during this inspection. Water levels were <br />high in Ponds B and C. Pond F had very little water. The discharge valves for Ponds B, C & <br />D were closed. Pond F is pumped as necessary. All ponds discharge into the Deer Trail <br />ditch. <br />Bill Bear showed me the water system along the Deer Trail ditch and Fire Mountain Canal. <br />The two ditches parallel each other below the mine site. Water in the Deer Trail ditch is <br />diverted from Hubbard Creek east of the mine. The mine pumps water out of the ditch for <br />use in their operations. Excess water continues flowing through the ditch. The Deer Trail <br />ditch narrows somewhat below the point where Ponds C&D would discharge into the ditch <br />and there was some overflow from the Deer Trail ditch into the adjoining field. Other than <br />this spot, no overflow or seepage from the Deer Trail ditch was observed. There are three <br />locations where the Deer Trail ditch crosses the Fire Mountain Canal through a series of <br />pipes. At one point, water can be diverted either across or into the Fire Mountain Canal. <br />Water was being routed into the Fire Mountain Canal from the Deer Trail ditch at this point to <br />provide water for a neighbor. According to Mr. Bear, this arrangement has been agreed to <br />by Fire Mountain Canal. There is also an animal hole that could allow water from the Deer <br />Trail ditch to enter the Fire Mountain Canal. The hole has been blocked. <br />No problems or off-site impacts were evident during this inspection. The system is operating <br />as approved. Mr. Bear said BRLLC has met with Mr. Majors. BRLLC is considering some <br />possible changes to alleviate concerns the USBOR has and they may propose some <br />revisions in the future. Joe Dudash is also planning to meet Bob Major on-site later this <br />month. <br />