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The physical inspection of the mine began at approximately 3:30 p. m. The surface <br />elements of the mine water treatment facility, Ponds 2, 2A, and 2B were inspected <br />first. This was a result of Wyoming Fuel Company, the mine operator, contacting the <br />Division on 3/10/88 to report that the flocculant being used to treat the mine water <br />before its discharge was known to be lethal to fish if discharged directly into <br />streams, lakes etc. in certain concentrations. Ponds 2, 2A, and 28 normally operate <br />in series. All appeared stable and capable of functioning properly. With the <br />exception that the bulk of the mine water was being directed into Pond 2A, normally <br />the second pond in the series, the treatment operation appeared as it had in <br />previous inspections. Pond 2, normally the first 1n the treatment series, was <br />apparently taken out of service temporarily in order to install baffles, i.e., <br />several sheets of weighted plastic, to lengthen the distance of water movement and <br />residence time in the pond. The measure was being taken by the mine in order to <br />meet the discharge limits for the mine water without the use of flocculant. <br />Reportedly, the use of flocculant was stopped earlier in the week. Upon our return <br />to the office we found that the operator neglected to request a revision to the <br />permit to modify the mine water treatment system to allow the use of a flocculant. <br />The remainder of the physical inspection was spent along the Purgatorie River within <br />the mine permit area from the entry point of discharge from Sediment Pond 3 to a <br />point several hundred yards downstream from the entrance point of water from Ciruela <br />Canyon. Water from Ciruela Canyon includes that discharged from the Golden Eagle <br />mine water treatment ponds. What appeared to be a normal aquatic population, <br />including live trout, was seen in the Purgatorie River above the entry point of <br />water from Ciruela Canyon. A distinct lessening of aquatic life (insects and fish) <br />was observed in the river below that point; dead trout were visible in the river <br />beginning approximately 100 yards downstream. <br />Based on these observations and the information from the mine operator, it appears <br />that an operational violation resulting in environmental damage did occur during <br />treatment of the Golden Eagle mine water, i.e., a toxic concentration of flocculent <br />or other additive used in mine water treatment was being directly discharged into <br />the Purgatorie River by wdy of Ciruela Canyon. Asa result a cessation order is <br />being issued to Wyoming Fuel Company (see Section IV of this report and <br />attachments). The operator is ordered to stop using the flocculent or other <br />additives until the proper approval is granted. <br />The above discussion indicates that several agencies are involved with this <br />investigation and there mdy be overlapping jurisdictions. The Division met with DON <br />and DOH on March 28, 1988 to discuss preliminary results of the investigation and <br />decide on a course of action. The meeting was intended to ensure that the <br />investigation being conducted was thorough yet not duplicative. It also ensured <br />that any enforcement actions taken by the respective State agencies were not <br />duplicative such that the operator would be subject to double jeopardy due to <br />overlapping agency regulations. In general, it was decided that MLRD would handle <br />any operational concerns with the mining facilities, the WQCD would pursue the water <br />quality concerns and the DOW would address aquatic life damage and mitigation <br />measures. <br />