ENFORCE21665

• Permit No: C1982056
• IBM Index Class Name: Enforcement
• Doc Date: 10/3/2006
• Doc Name: E-mail Regarding NOV
• From: DRMS
• To: Twentymile Coal Company
• Violation No.: CV2006006
• Media Type: D
• Archive: No

'[e-mail]'; '[e-mail]'; 'Henry Austin'; 'Howard
Strand'
Subject: RE: Twentymile Coal Company - Foidel Creek Mine, NOV CV-2006-006 Abatement and
Extension Request
Hi, Jerry. Thanks for updating me today on the status of Twentymile Coal Company's
compliance with CDRMS NOV CV-2006-006. I've discussed your comments with Dave Berry and
Byron Walker in our office. Here's where things stand:
Step 5: When I extended the deadline on this step from last Friday until today, I was
unaware that Byron had sent a letter dated Sept 25 2006 stating that we had considered
this step abated as of Sept 22 2006 (the date that TCC had submitted copies of its
certified mailing receipts to us). Sorry for the confusion. We will stand by that
decision; however, we request that TCC submit copies of the signed return receipts to us
as soon as possible.
Step 6a: We understand that a sample of Sed Pond E's discharge has been collected and
submitted to ACZ Laboratories in Steamboat Springs for full suite analysis. We understand
that TCC's employee who is in charge of obtaining the analysis is out of TCC's offices
today, but is expected to return tomorrow. We will therefore extend the abatement
deadline for Step 6a from today (10/2/06) to tomorrow (10/3/06).
Step 6b: For the reasons described above regarding the extension of Step 6a's abatement
deadline, we will extend the abatement deadline for Step 6b from today to tomorrow as
well.
Step 6c: During our inspection of the mine site on 9/13/06, we found that TCC had
contained the coal fines discharge in Sed Pond E. We therefore consider Step 6c to have
been abated as of 9/13/06. A letter to this effect is forthcoming.
Step 6d: We understand TCC's position that it believes this step has been abated, as
TCC has forwarded a copy of the MSD Sheet for the coal fines thickener/flocculant, as TCC
has forwarded comments from the manufacturer of the coal fines slurry thickener/flocculant
regarding its potential toxicity, and as an aquatic biologist from DOW had observed on
9/13/06 that a fish kill on Foidel Creek had not occurred. We had hoped, however, to have
received an analytical lab analysis of the discharge's toxicity. It's our understanding
that wasn't specifically requested of the lab; we have consequently reviewed our copy of
the Second Quarter 2006 Discharge Monitoring Report for CDPS permit # 0027154 (received by
us on 8/1/06), which indicates that Whole Effluent Toxicity testing was performed on
Outfall 005 (Pond D). We have asked CDPHE/WQCD to inform us of any potential requirement
by TCC to have conducted a WET test on the Pond E discharge (as Pond E's outfall is
regulated under CDPS permit # 0027154). Please additionally ask the lab that conducts
your WET tests if any portion of the Pond E discharge left over from the full-suite
analysis could be WET-tested. So that the information described above may be obtained and
discussed with us before we consider this step abated, we are extending the abatement
deadline for this step from today to tomorrow.
Step 6e: We understand that developing the estimate of the total slurry (water plus
solids) volume discharged to Foidel Creek will take a few days to prepare. Because of
this, and because this particular abatement step is not as critical as some of the others,
we are extending the deadline for this step from today to Friday October 6 2006.
Step 6f: Due to the extensions for Steps 6a, 6b, 6d, and 6e, we are extending the
deadline for this step (submittal of a written report providing the information from the
Step 6 steps) from today to Friday October 6 2006.
Step 8: We agree that this step, in its original form, is open-ended. We will
therefore modify this step to "Continue all approved surface water quality monitoring as
required by CDPHE; provide to CDRMS a copy of the September 2006 DMR for permit #
0027159." As the abatement deadline for this step is currently October 30, 2006, we will
leave this deadline unchanged at this time.
Steps 9, 10, and 11: As discussed, we are leaving the abatement measures and deadlines
for these three steps unchanged at this time.
A Modification Notice (to change the requirements of Step 8), an Extension of Time for
Abatement Notice (to document the extended deadlines described above), and a letter
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