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III. COMMENTS - COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the <br /> inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br /> evidence supporting the enforcement action. <br /> Ponds throughout the mine site are frozen and not discharging. Repairs to Pond D embankment and riser <br /> have been completed. TCC will need to submit to the Division an as-built certification for Pond D to <br /> document the repairs were conducted in accordance with the approved design or provide a letter to the <br /> Division documenting the repairs conducted and certified by the engineer. <br /> Fish Creek Bore Hole ponds were not discharging to Fish Creek at Site 115. Due to the waterline repair, <br /> FCVS pump is down. FCBH was not pumping to the barricade chamber. Pit 1 has plenty of available water <br /> storage prior to discharging to Pond D. <br /> The Million Gallon tank at the PM Bay was spilling over and had ice build up on the side at the time of the <br /> inspection. <br /> Processing Waste: Technical Revision No. 67, RDA expansion decision is final. As mentioned in the roads <br /> section TCC has begun to strip topsoil and construct a temporary access road to construct the topsoil <br /> stockpile. TCC continues to haul refuse to the existing CRDA. <br /> Support Facilities: TCC continues to work on the removal of the hydraulic oil contaminated material at <br /> 6MN facilities area and at 18RT. TCC has removed additional structures at 18RT and sealed the escape <br /> shaft. TCC has sealed but not yet placed the cap on the shaft. Please provide an abandonment report to the <br /> Division documenting the sealing methods, and compliance with the approved sealing plan and regulations, <br /> upon completion of sealing this shaft. TCC used cuttings from the cuttings pit to place back in the shaft. <br /> Grading, backfill, and reclamation of the 18RT pad area are projected for 2010. <br /> 18LT Ventilation shaft pad area construction is mostly completed. Contractors were working on <br /> construction of the MCC foundation at the time of the inspection. One of the large transformers, Lieske <br /> #10, has been removed from the Lieske substation and relocated to the 18LT substation. <br /> Dismantling of fans and housing at the EMD ventilation site continues. This fan will be reassembled at the <br /> WMD ventilation site. TCC has sealed but not yet placed the cap on the shaft. Please provide an <br /> abandonment report to the Division documenting the sealing methods, and compliance with the approved <br /> sealing plan and regulations, upon completion of sealing this shaft. <br /> Revegetation: TCC had hydroseeded the topsoil stockpile at 18LT prior to the snowfall. Transplantation of <br /> trees at 18LT was not completed prior to the winter temperatures settling in. <br /> Subsidence: As the Longwall move into the WMD progresses, TCC is reminded that subsidence monitoring <br /> needs to be implemented prior to approach to Routt County Road No. 27. <br /> 4 of 5 WHITE-File YELLOW -Operator PINK- Specialist <br />