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V. COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />November 21, 2016 <br />Brian Watterson, P.G. <br />Twentymile Coal Company <br />29515 Rout County Road #27 <br />Oak Creek, CO 80467 <br />RE: Foidel Creek Mine; C-1982-056 <br />Third Quarter 2016 Pond Inspection Report Review. <br />Dear Mr. Watters on: <br />The Colorado Division of Reclamation, Mining, and Safety (Division) has reviewed the above reference <br />report. The cover letter indicates this report is submitted in compliance with Rule 4.05.6(13). However, <br />no such rule exists. The Division assumes Twentymile Coal, LLC. (TC) meant to submit this report in <br />accordance with Rule 4.05.9(14) and (15) for the annual impoundment inspection/certification report <br />requirements and Rule 4.05.9(17) for the quarterly impoundment inspection requirements. Impoundment <br />inspections appear to have occurred on September 23 and 26, 2016 for the majority of the impoundments <br />and on August 18, 2016 for the 6MN reservoir. The inspections appear to have been completed by you. <br />The second page of the report includes a certification of the report by Michael Anthony Berdine, a <br />Registered Profession Engineer for the State of Colorado. <br />For each impoundment, TC submitted a completed checklist that includes the information required to be <br />inspected in accordance with Rule 4.05.9 (15) and covers the information required by Rule 4.05.9(17). <br />For the Waste Water Treatment Pond #3, the "structural' portion of the checklist was not completed. The <br />Division believes this to be an accidental oversight. Maintenance items are discussed for each <br />impoundment if any were deemed necessary. <br />Overall, the report appears to be in general compliance with Rule 4.05.9(14) and (15) for the annual <br />impoundment certification and Rule 4.05.9(17) for the required quarterly impoundment inspection report. <br />Please retain a copy of this report at the mine office. If you have any questions feel free to contact meat <br />(303) 866-3567, extension 8120. <br />Sincerely, <br />pA ll a►v <br />Jared Ebert <br />Environmental Protection Specialist III <br />flF'C-0 <br />H <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining. state. co. us I <br />John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director * r 1876 4 <br />