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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 /> This was a Partial Inspection of the Bowie No. 1 Mine, Permit No. C-1981-038, conducted by Marcia <br /> Talvitie of the Colorado DRMS on August 27-28, 2008. Basil Bear represented the operator, Bowie <br /> Resources, LLC (BRL), and was available at the BRL office during the inspection. <br /> Availability of Records <br /> During July's Complete Inspection, certain items were not available for viewing. BRL provided the <br /> following documents during this inspection, and has incorporated them into the DRMS 3-ring binder for <br /> future reference: <br /> • Specific Variance Approvals: TR 96 (1998) <br /> • Midterm Review Findings-December 2000 and October 2005 <br /> Signs and Markers <br /> West Mine - A Mine ID sign was posted on the road, along with surface disturbance markers. Another <br /> Mine ID sign is placed at the upper entrance to the reclaimed area. <br /> Hydrologic Balance <br /> R.O.M. Pile-The collection ditch along the southern perimeter is well-vegetated with a combination of <br /> alfalfa and slender wheat grass (Figure 1). Approximately 200 feet upstream of the pond, coaly <br /> material was exposed on the slope above the ditch (Figure 2). Leaves of scrub oak trees located at the <br /> toe of slope were ringed in brown (Figure 3). (It is not known if this "burned" appearance is attributable <br /> to the coaly material.) A thin deposit of coal fines could be seen in the bottom of the ditch from this <br /> point to the southern (inlet) end of the pond, and around the southern perimeter of the pond (Figure 4). <br /> The source of the coaly material may be a 4" PVC pipe and black corrugated rundown pipe that drains <br /> water collected at the eastern end of the disturbed top of the pile. It was not apparent that any coaly <br /> material had been discharged from the pond. <br /> A puddle-sized quantity of water stood in the pond bottom. Impoundment slopes were well-covered <br /> with grasses, and four broad-leaf cottonwood trees were thriving within the pond area. The gate to the <br /> discharge gate was in the closed position. The emergency spillway was rock-lined, and bore no <br /> evidence of recent discharge. It appeared that somewhat substantial flow has been directed to the <br /> pond from north, generated from the temporary ramp constructed on the NE corner of the R.O.M. Pile <br /> (for hauling material to the East Mine). Silt fence has been installed downhill of the ditch, with a berm <br /> on the slope between the ditch and silt fence. This berm is covered with a combination of wild blue <br /> lettuce, sunflower, and mustard. A few musk thistle rosettes have also appeared, and should be <br /> controlled. <br /> East Mine- Pond 1 was empty at the time of the inspection, but the bottom was damp, and the surface <br /> was covered with mud cracks. Pond 2 retained a substantial quantity of water, and it appeared that <br /> the level had previously been high enough to discharge through the standpipe (Figure 5). Pond 3 was <br /> not inspected, but Basil Bear said that it had received water (in a lesser quantity) in the same storm that <br /> charged Pond 2. The ditch flowing to Pond 2 bore evidence of a sizable precipitation event (Figure 6). <br /> The construction superintendent said it was the storm that hit the mine during the DRMS inspection in <br /> Bowie No. 1 Mine C-1981-038 27,28-Aug-2008 <br /> -1- <br />