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notified by phone on 09/12/06, with copies of follow-up communications provided to the CDRMS. A representative of CDOW visit the site on 09/19/06 Step 5: Notify downstream users from the Pond E discharge too the confluence of Trout Creek with the Yampa River - Based on a list from the CDWR provided on 09/19/06, attempts were made to contact the identified water users by phone, followed by mailing of a registered mail notification on the same date (copies of registered mail receipts attached). Step 6: Assess discharge and receiving water quality, contain the coal fines discharge, and assess potential toxicity. Provide an estimate of the slurry volume discharged. Submit a writted report of such assessments - Immediately on notification of the discharge, a sample of the coal fines discharge was obtained at the Pond E outlet prior to sealing the discharge structure. A sample was also obtained just beyond the identified downstream limit o£ coal fines migration (both of these samples were obtained on 09/11/06). We initiated a daily sampling program for several downstream points the next day (09/12/06), continuing through present. The coal fines discharge was contained through sealing of the Pond E discharge structure and the emergency containment activities identified under Step 3, on 09/11/06. Potential toxicity was assessed on 09/11/06 and 09/12/06 through review of the MSDS sheet for the flocculent used and through contacts with the flocculent manufacturor re: any potential aquatic toxicity (copies of documentation provided to CDRMS). Zt is difficult to assess the volume of slurry discharged with any accuracy, after the fact. We can, however, work with our Wash-Plant statistics and Pond E capacity to come-up with an estimate. It is however, not practically feasible to complete a report by the identified abatement date since we need to complete the discharge calculations, and are waiting for water quality analysis results. Step 7: Submit plans for abatement, including the planned completion date. Include directions, concurrence, or approval from CDPHE, CDOW, and USACE - Clean-up plans were submitted to the CDRMS on 09/14/06 as MR06-211. The CDRMS subsequently notified TCC that concurrence from CDPHE and CDOW would be required. To meet this requirement, a copy of the clean-up plans was submitted to these agencies by e-mail on 09/19/06, with a request for their comments and/or concurrence. Effective clean-up is going to be weather- dependent, given practical access constraints to the stream area and the desire to avoid additional disturbance, so prediction of a firm clean-up completion date is difficult. We are targeting clean-up ASAP and currently anticipate that all related activities would be completed by the abatement date of 10/30/06 for Steps 8 and 9. Given that we cannot control when, and whether or not the identified agencies will provide comment/concurrence, the abatement requirements for Step 7 need to be modified to address a "no comment" situation, and adequate time needs to be provided to allow for the specified review and concurrence actions. Step 8: Continue water quality sampling and submit copies of reports to CDPHE and CDRMS - As noted for Step 6, we have voluntarily implemented a rigorous water quality sampling schedule, and will copy the CDRMS on all related reports submitted to the CDPHE-WQCD. Step 9/10: Reestablish DBMS approved sediment controls - Under a field authorization, we are proceeding with modifications within the Pond E impoundment area to isolate the coal fines within the pond and reestablish the design storage capacity ASAP. We anticipate submitting a revised pond design to address the interim and any long-term modifications. Step 11: Submit a written report on completion of the clean-up to CDRMS, CDPHE-WQCD, CDOW, and USACE - Wi11 be completed and submitted on completion of the work. Given the reasons noted above, and that the actions under Steps 6 and 7 are not critical to protection of the environment, we respectfully request that the abatement dates for Steps 6 and 7 be extended to 10/30/06. I have also attached a revised application form for MR06-211, addressing your stated 4