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6/1/2016 State.co.us Executive Branch Mail - MR297; Additional Info on Adequacy Item #1; Foidel Creek Mine, <br />STATE OF Hernandez - DNR, Alysha <alysha.hernandez@state.co.us> <br />COLORADO <br />MR297; Additional Info on Adequacy Item #1; Foidel Creek Mine, <br />1 message <br />Ebert - DNR, Jared <jared.ebert@state.co.us> Tue, May 31, 2016 at 4:00 PM <br />To: Jerry Nettleton <jnettleton@peabodyenergy.com> <br />Cc: Daniel Hernandez - DNR <daniel.hemandez@state.co.us> <br />Jerry, <br />I have discussed the proposed use of a flocculent to treat mine water to be discharged at the Fish Creek <br />Borehole Site with Dan Hernandez as we discussed. Rule 2.05.3(4)(a) requires that a general plan and detailed <br />designs of treatment facilities be included in the operation plan and that the detailed design discuss the <br />operation and maintenance requirements for the treatment facility. As the use of the flocculent is a change in <br />the operations of the treatment facility, the Division must review and approve such a change. Further, Rule <br />2.05.6(3)(b)(ii) requires a plan for treatment to protect the hydrologic balance to be included in the permit. <br />Under the performance standards, the Division must evaluate water treatment methods used to control water <br />pollution per Rule 4.05.1(4). Rule 4.04, (1) and (2) requires that all support facilities be designed, constructed or <br />reconstructed, and maintained to prevent damage to fish, wildlife and related environmental values and control <br />and minimize diminution or degradation of the water quality and quantity. The permitee and the Division is <br />required to insure that chemical treatments used do not adversely affect fish and wildlife and related <br />environmental values per Rule 4.05.5(2)(g). Per Rule 2.08.4(5)(d), the Division may reasonably request <br />additional information to evaluate the proposed revision to insure it complies with the Act and the Rules. <br />We maintain that this proposed change be processed under a separate technical revision than MR297. <br />Additional details on the flocculent used should be included in section 2.05.6(3) of the permit in addition to the <br />proposed language currently proposed on page 2.05-50.3. You indicated that the same flocculent is used at the <br />washplant per our telephone conversation, page 2.05-32.3 does indicate a flocculent is used at Wash Plant II, <br />but details regarding the flocculent is not currently included in the permit. <br />Please let me know if you have any further questions. Please feel free to contact Dan or myself if you have any <br />questions. <br />Thanks, <br />Jared <br />Jared Ebert <br />Environmental Protection Specialist <br />https://mail.google.com/mail/u/0l?ui=2&ik=e29129fcb5&view=pt&search=inbox&th=15508d5bd77f857f&siml=15508d5bd77f857f 1/2 <br />