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III. COMMENTS- COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during <br /> the inspection. Comments also describe any enforcement actions taken during the inspection and the <br /> facts or evidence supporting the enforcement action. <br /> This was a complete inspection conducted by Janet Binns of Colorado Division of Reclamation, Mining <br /> and Safety. Mr. Brian Watterson of Twentymile Coal Company accompanied the field portion of the <br /> inspection. The Foidel Creek Mine is a large active underground mine. The weather was mild, dry and <br /> partly cloudy on the second day of the inspection. <br /> Records: Records were checked at the mine office. Records were updated and in good order. TCC <br /> provided copies of CPDS reports for August 2008 for CO-G072578, Jan. &Feb. 2009 for the same <br /> CDPHE permit number and 41h Quarter 2008 for CO-0042161. TCC could not readily find records for <br /> CO-GO72758 Jan &Feb 2008. TCC contacted CDPHE requesting copies of these reports be sent to <br /> DRMS &TCC. TCC believes that these reports were misfiled. TCC also provided detail regarding the <br /> change in CPDS #for CO-G072272/CO-G072758. Records checklist with comments is include as a part <br /> of this report. <br /> Roads: Haul Roads and access roads throughout the mine are in relatively good condition. Snow melt <br /> and recent precipitation has left some portions of roads muddy, but these areas are limited and roadways <br /> are beginning to dry up. As roads and ditches begin to dry, TCC is reshaping ditches and cleaning <br /> culverts as needed. 6MN access road at the Fish Creek crossing held up well this runoff season. Most <br /> ditches around facilities area are functional. TCC continues to maintain these ditches. TCC was <br /> spraying the haul roads for dust control both days of the inspection. <br /> Hydrologic Balance: Ponds throughout mine are discharging. 6MN pond had been pumped 4/17, 4/18, <br /> and 4/19/2009 to maintain adequate freeboard. Mr. Watterson reported that water samples were <br /> collected as required when discharging 6MN pond. On 4/21/09 6MN pond had approximately 2 '/z ft. <br /> freeboard and the pump was reported to have been shut off the morning on 4/20/2009. 6MN reservoir <br /> has begun to fill with snow melt run off. As-built certification for 6MN Reservoir has not been provided <br /> to DRMS yet. This certification needs to be provided to DRMS and on file at the mine. Current water <br /> level was approximately 5 ft. below the armored spillway elevation. The inspector took several slope <br /> measurements on 6MN reservoir embankments. <br /> East side of embankment: inslope=16°, outslope=20°, <br /> South side of embankment: inslope=20.5°, outslope=19°, <br /> South side of embankment (W) inslope=24°, outslope=25°. <br /> 6MN Upland Diversion ditch had a good flow of runoff. Ditch sides are steep. These side slopes need a <br /> gentler grade. <br /> TCC needs to complete hydraulic oil spill at 6MN facilities area. Sump and berm and previous <br /> cleanup efforts appear to have kept the distribution of the oil to the former compressor building area but <br /> final cleanup of this spill needs to happen. <br /> 18RT facilities area has also had a spill. Snow is melted off and a hydrocarbon liquid had been spilled <br /> on the N injection hole drill area. Runoff from this drill pad runs into a ditch and then to a sump. <br /> Spilled material has been contained in the sump. There was no evidence of any discharge of water or <br /> hydrocarbon material from the sump. TCC placed absorbent pads into the sump on 4/21 after spill was <br /> discovered. Clean up of the used pads and replacement with fresh pads is needed on 4/22. TCC <br /> 3 of 7 WHITE- File YELLOW -Operator PINK- Specialist <br />