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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 /> This was a partial coal inspection conducted by Jason Musick of the Colorado Division of <br /> Reclamation, Mining, and Safety(Division) on 25 May 2010. The weather was clear and the mine site <br /> was dry during the on-the-ground inspection. This inspection was conducted as a result of <br /> information received from the operator on Saturday May 22, 2010 describing a failure of the existing <br /> Thickener Underflow Borehole on Wednesday May 19, 2010. During the Inspection the Division <br /> received an application for MR-242. <br /> Processing Waste <br /> TCC is approved to place underground wash plant thickener underflow in sealed mine workings in the <br /> Southern Mining District(SMD) and the Eastern Mining District(EMD). In terms of the SMD, the <br /> underflow is piped from one of two washplants through a double-walled 6-inch pipeline for <br /> approximately 1,800 feet to an 8-inch cased mine borehole located near the former Cyprus Coal <br /> Company Mine Office (Brown Palace). The installation of the SMD pipeline included the installation of <br /> four intermediate access moisture monitoring points. Due to a plug in the underflow borehole at the <br /> Brown Palace, underflow was released at the two monitoring points along the pipeline to previously <br /> disturbed areas uphill of Foidel Creek. <br /> Signs and Markers <br /> Stream buffer zone signage was in place as permitted in the area of Foidel Creek around the spill. <br /> Roads <br /> The Brown Palace light-use road is to the south of the area of the SMD thickener underflow pipeline <br /> and south of two of the four monitoring sites. The roadside ditch on the south side of the light-use <br /> road connects with haul road ditch HRC-1 and discharges through a 12" CMP under the haul road <br /> and through a rock filter. There is an unnamed roadside ditch on the north side of the Brown Palace <br /> light-use road that flows to a sediment basin, through a rock filter and to a different 12" CMP under <br /> the rail line and out to Foidel Creek. The north side ditch displayed evidence of road runoff to the <br /> sediment basin at the time of the inspection. This runoff appears to meet the underflow runoff from <br /> the lower monitoring site at the small sediment basin. <br /> Hydrologic Balance <br /> The upper monitoring site displayed evidence of a small centralized ponding of underflow down slope <br /> of the monitoring site. The underflow covered portions of ground approximately 6' X 35' and did not <br /> appear to flow further down the slope. <br /> The lower monitoring site displayed evidence of the underflow in and around the monitor piping, with <br /> evidence of the flow extending —55 feet from the piping into a large catchment basin between the <br /> hillside and the rail line. This basin appeared to drop down to a lower basin to the south and form a <br /> pond with the runoff from the north side ditch of the light-use road. Though the underflow formed a <br /> pond at the inlet of the 12" CMP under the rail line, no evidence of the underflow was observed at the <br /> outlet of the culvert or in or around Foidel Creek. <br />