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.~ ~- t~rfERO1~FICE MEMO: FOtDEL CREEK MWE F15H CREEK BOREI-COLE SP[LL 3/30/99 with mixing of surface water runoff and underground mine discharge. We discussed temporary containment measures. Nothing definite was decided but he stated that he would look at this. At the current time, "Tuesday afternoon, Twentymile Coal Company was evaluating the site layout. Twentymile Coal Company would like to redesign the facility location. I reminded Joe [hat if they move [he treatment building they'll need to submit it as a revision. Joe said Twentymile Coal Company was also considering using a high density polypropalene pipe instead of the current steel piping. I asked joe if he had been in touch with the Health Department. He said "no". Twentymile Coal Company believed that since the spill had not reached Fish Creek that they here not required to contact the health Department. "Onl} non-compliant discharges to the receiving stream needed to be reported." Since this was a non- hazardous spill that did not reach the creek, no reporting was necessary. I asked if Twentymile Coal Company had received results from the 3/17/99 spill water sample. Joe stated, "no" they had not. then discussed the progress of Foidel Creek's AHR with Joe. Thus concluded the phone call. l had called Carla Lenkey at CDPH&E at 1:30 pm on 3/30/99. I wanted to confirm if Twentymile Coal Company had notified her department of the spill. And to discuss Health Department position on enforcement. Carla returned my call at 2:40 pm. She confirmed that Twentymile Coal Company had not notified the Health department regazding this third spill. She said at this point in time Health is not inclined to take enforcement action. She also did not believe that if DMG took enforcement related to structures or maintenance of system that it would be a conflict with the Health Department. She did ask that should DMG take enforcement that we copy her as well. C ~.jhb\C82056\33099spLdoc 2