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III. Comments - Compliance Below are particular issues with regard to any of the compliance items. Enforcement actions resulting from failure to comply with the Act, Rules and Regulations, and the permit also are identified below. A thorough review of hydrologic monitoring records was conducted and it was determined that two major deficiencies existed. First, analyses had not been conducted for the following parameters on a monthly or weekly (during peak runoff period) basis for Fish Creek and Foidel Creek surface water samples.* HC03 Cd Al P03 Se Pb As Zn Cu Hg SAR Mo * Note - Complete analyses have been performed twice yearly, and not monthly or weekly (during peak flow period) as required. The deficiency has existed since permit issuance in May, 1983. Second, the following required parameters had not been analyzed on a quarterly basis for Foidel Creek Alluvial Well samples:* NH3 Cd P03 Se As Zn Hg * Note - Sampling had been done on a quarterly basis as required, but analyses were not run for the above parameters. This deficiency has existed since permit issuance in May, 1983. NOV C-85-039 was issued for failure to monitor and analyze ground water and surface water for all required parameters. In summary, TCC has run approximately 1,440 fewer surface water analyses than required (30 samples since May, 1983 at each of the four sites should have included the twelve parameters noted but did not). TCC has run 168 fewer alluvial well analyses than required (eight samples, three wells, seven parameters). The monitoring deficiency is quite serious in light of the fact that the deficiency existed for all four required surface water sites on Foidel Creek and Fish Creek and all three required alluvial wells on Foidel Creek. Potential impacts to surface water and alluvial ground water of Foidel Creek and Fish Creek is discussed in the Division's CHIS for Foidel Creek Mine. That document contains the following statements: