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d <br />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 />A partial minesite inspection was conducted the afternoon of November 19, 2001, accompanied by Jim <br />Stover and Tonya Hammond, representing PCC. A follow-up inspection was conducted the afternoon of <br />November 20, 2001, with no operator contact present. The focus of the inspection both days was on Pond <br />12 and adjacent areas at the North Portal Facilities, and the drilling operation at the recently approved mine <br />de-watering location near the North Decline reclaimed azea. NOV CV-2001-017 was issued for "failure [o <br />constmct and maintain Minewater Treatment Pond 12 as necessary to ensure integrity and stability of pond <br />embanl~ent and foundation, and to ensure adequate containment and treatment of inflow from <br />underground mine". The NOV was issued on November 21, 2001, based on observations made during the <br />inspection: Weather both days was cleaz and mild, with no recent precipitation. in addition to observations <br />described below, it was noted that demolition and salvage operations at the North Portal Facility area and <br />along the conveyor corridor were continuing, and that there had been recent grading and gully repay along <br />and adjacent to Terrace Drain #4, on CRDA-1. There had been no further reclamation grading work at <br />CRDA-2 since the previous inspection. Tonya Hammond indicated that a contract for the CRDA final <br />reclamation earthwork which is to be completed by the end of 1" quarter, 2002, had not yet been awarded. <br />When I arrived at work Monday morning, November 19, 1 had a phone message from JimStover regarding <br />a problem at the Roadside Mine. I called Mr. Stover and he explained that, over the weekend, the drilling <br />project had been making more water than anticipated, and water h'ad been hauled from the project site in <br />vacuum tracks and dumped in Minewater Pond 12. But the pond had not held water, and it had been <br />discovered that cracks along the base of the embankment had allowed water to escape the pond into the <br />adjacent Coal Creek charnel. I arrmged to meet Mr. Stover and Tonya Hammond at 1:30 that afternoon. <br />I met the operator representatives at 1:30 p.m. as scheduled, at Pond 12. The pond no longer contained <br />water, but was muddy where water hadponded along the base of the embankment. There were four cracks <br />apparent along the inside base of the embankment, within an approxitnate80 foot section along the center <br />portion of the embankment. The cracks ranged from approximately 4 feet to 10 feet in length, end up to 6 <br />to 8 inches wide, with some running parallel and others perpendicular to the embankment. The cracks <br />apparently provided a conduit to a flow path through fill material beneath the embankment. Water piped <br />through the fill for approximately 150 feet, paralleling Coal Creek in a downstream (southeasterly) <br />direction, and ultimately surfaced approximately 30 feet beyond the southeast comer ofPond 12, <br />approximately 5 or 6 vertical feet above the bottom of the Coal Creek channel. There appeared to have <br />been a primary point of discharge, and a lesser point of discharge, approximately I S feet apart. The main <br />discharge had scoured a gully approximately 4 feet deepby 1 foot wide, about four feet in length down to <br />the charnel bottom. Based on the water mazks downstream in the charnel from the points of discharge, <br />flow in the channel due to the piping event had been approximately 10 feet wide at the top by 4 to 6 inches <br />deep. <br />The operator made arrangements to have the pond bottom in the vicinity of the cracks excavated and the <br />cracks filled in, as a remedial measure to prevent any precipitation in the immediate pond area from <br />entering the cracks. This work bad been completed prior to my fallow-up inspection at 2:30 p.m., on <br />November 20. <br />Mr. Stover indicated that he had obtained two samples of the pond discharge on Sunday morning, <br />November 18. I asked that be forward the analytical results to DMG as soon as they are available. The <br />sequence of events as related to me by Ute operator began on Friday morning, November 16, during drilling <br />of a small diameter pilot hole into the mine workings at the approved drill site location. As the pilot hole <br />