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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 conducted by Marcia Talvitie of the <br /> Colorado DRMS on Wednesday, 25 February 2009. The inspection began at 11:30 a.m. with a <br /> visit to the Bowie Resources, LLC (BRL) office located at the Bowie No. 2 Mine. No one was <br /> available to represent the operator during the field inspection, due to an MSHA inspection <br /> occurring at the Bowie No. 2 Mine. <br /> Weather conditions were mild and breezy, with a thin, high cloud cover that increased <br /> throughout the afternoon. <br /> LOADOUT FACILITY- 12:00 <br /> Roads <br /> • Roads were passable throughout the loadout area, although there were numerous puddles <br /> due to precipitation that had occurred earlier in the week. <br /> • A line of approximately 50 empty railroad cars was stored on the spur line, extending from <br /> the southern end of the Coal Storage Area to the point where the tracks turn to approach <br /> the N Fork Bridge. <br /> Hydrologic Balance <br /> • All snow and ice observed in the previous inspection had melted from the facility. <br /> • Earthen berms were in place around the southern sides of the upper and middle material <br /> storage areas (Figure 1). <br /> • The natural drainage that crosses the loadout facility southwest of the former silo area was <br /> flowing. Straw bales were in place at the outlet for Culvert 6 (Figure 2) to prevent sediment <br /> from entering the waterway. <br /> • The loadout sediment pond was dry, but the sediment pond at the Coal Storage Facility was <br /> retaining water (Figure 3). The Sewage Lagoon was fenced, dry, and lush with vegetation <br /> (Figure 4). <br /> • The ditch area on the northern side of the spur, below the material storage areas, was <br /> generally muddy, although no standing water was observed. <br /> • The Small Area Exemption on the south side of the Railroad Spur was well vegetated, and <br /> appeared to be stable with respect to erosion (Figure 5). <br /> Support Facilities <br /> • The surfaces of all puddles were carefully examined, to ensure that there has been no <br /> contamination with petroleum-based substances. <br /> • The area surrounding the remaining shop building was inspected. Vegetation is undisturbed <br /> and excellent along the northern side. Two marked anti-freeze tanks are stored immediately <br /> southwest of the building (Figure 6). <br /> Fish and Wildlife <br /> • Abundant deer and elk tracks and spoor were observed throughout the entire Loadout <br /> Facility. <br /> • A large burrow has been dug into the cut slope on the south side of the railroad tracks. <br /> Bowie No. 1 Mine C-1981-038 25-Feb-2009 <br /> -1- <br />