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TWENTYMILE COAL COMPANY <br />FOIDEL CREEKMINE -PERMIT NO. GSZ-056 <br />RELEVANT INFORMATION RE: NOV NO. CV 2005-005 <br />Background <br />NOV CV-2005-005 was issued on May 13, 2005, subsequent to an OSMRE oversight inspection on May <br />3, 2005. NOV CV-2005-005 addresses the following alleged violations: <br />Nature of Violation Act/Regulation/Pemut <br />Provisions Violated Portion of Operation to Which <br />NOV lies <br />Part 1 -Failure to completely 3433-120(2)(e)/ Topsoil was not completely <br />remove topsoil removed from disturbed areas of <br /> 4.06.1(1)/ the west runoff collection ditch <br /> of the sediment control feature at <br /> Section 2.05, P e 2.05-45.3 the 18- ht Ventilation Shaft site <br />Part 2 -Failure to properly 3433-120(2)(e)/ Topsoil was not stored in <br />protect stockpiled topsoil stockpiles (windrows) along the <br /> 4.06.3(2)/ access road to the 18-Right <br /> Ventilation Shaft access road in a <br /> Section 2.05, Page 2.05-45.3 manner that it was not, and <br /> (3/22/05) would not be, disturbed by <br /> mining operations; and which <br /> protected the topsoil from <br /> erosion, contamination, and <br /> erosion <br />Relevant Facts and Information <br />General• <br />Twentymile Coal Company (TCC) manages environmental aspects of the mining and related operations to <br />minimize potential impacts resulting from any release or unintentional disturbance. Management practices <br />include, control and treatment of mine discharge to meet applicable effluent standards and production <br />mine water to minim;~e corrosion and scaling, and selection and use of materials that are compatible with <br />natural conditions and processes, and which minimize the potential for contamination of the air, soil, or <br />water. <br />When any environmental problem or concern is identified (by our Environmental Staff, other employees, <br />agency personnel, neighboring property owners, or the general public}, it is our standard practice to: <br />• Immediately investigate the problem or concern <br />• Initiace appropriate action to prevent or mitigate immediate impacts <br />• Develop and implement any additional mitigation or corrective measures in a timely manner <br />• Take appropriate steps to assure that the problem or concern will not occur again (either at the <br />location of the original occurrence or any other location) <br />NOV CV-2005-005 1 6/3/2005 <br />