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V. OBSERVATIONS AND FINDINGS <br />Eligibility for Consideration for Bond Release <br />The following areas have been reviewed in SL-6 for meeting the requirements of Phases I, II, and <br />III bond release: the two flume sites in North Thompson Creek, the two flume sites in Middle <br />Thompson Creek, and piezometer sites D-IA and D-2A. These areas total 0.2 acre (page 23, SL- <br />05 Findings). All other areas in the permit area, with the exception of the Developed Water <br />Resources Area and areas affected by underground mining, have previously received Phase III <br />bond release, and need no further consideration for bond release. Although the areas affected by <br />underground mining have not received a previous bond release and the Developed Water <br />Resources Area has received Phases I and II bond release, these areas are not currently eligible <br />for consideration for further bond release, as explained below. <br />DRMS Rule 4.05.2(2) requires that a water quality treatment facility be maintained until either <br />the discharge continuously meets the effluent limitations without treatment, or until the discharge <br />has permanently ceased. The Water Quality Division (WQCD) of the Colorado Department of <br />Public Health and Environment determined that mine water discharging from the No. 3 Mine <br />does not always meet water quality standards without treatment (email dated March 21, 2008 <br />from Andrew Neuhart of WQCD to Tom Kaldenbach of DRMS); therefore, DRMS finds that the <br />mine water treatment system in the Developed Water Resources Area at the North Thompson <br />Creek Mines is not currently eligible to be considered for Phase III bond release. The <br />underground mine workings are not currently eligible to be considered for Phases I, II, and III <br />bond release because they are the source of the water that is treated in the mine water treatment <br />system in the Developed Water Resources Area. The remainder of this Findings document <br />focuses on satisfaction of the Phases I, II, and III bond release requirements for reclamation of the <br />two flumes in North Thompson Creek, the two flumes in Middle Thompson Creek, and <br />piezometers D-IA and D-2A. <br />Phase I Bond Release <br />Backfilling, regrading, and drainage control No flumes or concrete bases were found at the <br />former monitoring locations in North Thompson Creek and Middle Thompson Creek. The stream <br />channels at all four locations showed no signs of the former structures and the streams appeared to <br />follow their natural course. The stream banks appeared stable. Minrec sealed piezometers D-1 A and <br />D-2A in July 2007 in accordance with Section 4.07.3, and submitted final plugging and <br />abandonment reports to the Division. The Division inspected the former piezometer sites in its <br />regular monthly inspection in July 2007. Both sites had' been properly reclaimed. No regrading was <br />necessary at the two sites because installation and reclamation of the piezometers had not disturbed <br />the existing topography. Positive drainage existed at the two sites. <br />Based on the foregoing observations, the Division finds that reclamation of the following structures <br />meets all the requirements for Phase I bond release: the two flumes in North Thompson Creek, the <br />two flumes in Middle Thompson Creek, and piezometers D-IA and D-2A. <br />12