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

documenting that Step 6c has been abated, will be sent to TCC as soon as possible. Please
contact me if you have any questions.
Dan
-----Original Message-----
From: Hernandez, Dan
Sent: Thursday, September 28, 2006 2:15 PM
To: 'Jerry Nettleton'
Cc: Walker, Byron; Brown, Sandy; Berry, David; '[e-mail]';
'[e-mail]'; '[e-mail]'; 'Henry Austin'; Howard
Strand
Subject: RE: Twentymile Coal Company - Foidel Creek Mine, NOV CV-2006-006 Abatement and
Extension Request
Jerry -- I have modified Step 6 of NOV CV-2006-006 by breaking it down into six new Steps:
6a, 6b, 6c, 6d, 6e, and 6f. Each of these new Steps will now have their own individual
abatement deadlines. I did this because it appears that some of the abatement measures
from the original Step 6 have been abated, and that others may still be unabated. We can
discuss the specifics of what's been abated, what's left to abate, and the remaining
abatement deadlines on Monday Oct 2nd when you return from your vacation.
I have extended the deadlines on Step 5, Steps 6a through 6f, and Step 7 to Monday Oct
2nd. Before extending these deadlines beyond this date, I would prefer that you and I
discuss on Monday what remedial actions have occurred at the mine site since your last
communication (below).
A Modification Notice (changing the original Step 6 into new Steps 6a-6f) and an Extension
of Time For Abatement Notice (extending the Sept 29 2006 deadlines for Steps 5, 6a-6f, and
7 to Oct 2, 2006) were faxed to you today. These Notices will be put in the mail as well.
Dan
-----Original Message-----
From: Jerry Nettleton [mailto:JNettleton@peabodye nerg y.com]
Sent: Thursday, September 21, 2006 5:28 PM
To: [e-mail]; [e-mail]; [e-mail]
Cc: Mike Ludlow; Dave Wallace; [e-mail]; [e-mail];
[e-mail]; Brickley Cowman
Subject: Twentymile Coal Company - Foidel Creek Mine, NOV CV-2006-006 Abatement and
Extension Request
Byron
I received the final copy of the above-referenced NOV today, and was
disappointed that several of the abatement provisions had been
substantively changed subsequent to our on-site discussions. The changes
result in conditions for two of the abatement provisions that we cannot
realistically meet within the identified abatement timeframes. The
following summarize our status and concerns re: the identified abatement
provisions:
Step 1: Cease discharge of Thickener underflow to Pond E - Discharge was
cut-off at the time the coal fines discharge was discovered (prior to 10:00
AM on 09/11/06, as documented by your field observations.
Step 2: Repair the Thickener Pipe - The thickener pipe was repaired later
in the same day (09/11/06), as documented by your field observations.
Step 3: Perform immediate damage control activities on Foidel Creek -
These activities were performed immediately after notification of the coal
fines discharge on 09/11/06, as documented in my e-mail of 09/12/06 and
confirmed by your field observations.
Step 4: Notify the CDPHE-WQCD, CDOW, and USACE - These agencies were
3