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September 21, 2006 <br />In campl'iarrce with applicable reporting requiremerrls of both our CDPS disdiarge permit <br />and our Mining and Reclamation Permit, the unanticipated disdiarge has been reported tp <br />the CHPHE-WQCD and CDRMS. <br />Based on our field reoorrraissarroe of the sihration and diors with Envirorrrrenial <br />Staff and Dave Wallace, our next steps include; 1) Reestabl~slmerrt of runoff treatment <br />capacity for Pond E; 2) Isolation, deuraTlering, and cl~nout of the coal fines in Pond E; <br />and 3) Clcen-up of coal fines deposited in the proximate portion of Foidel Creek <br />At presertt, we are cortsultirg with the CDRMS on a plan ~ construct a longitudinal <br />earthen berth in Pail E >b accomplish Sleeps 1 and 2, above. Once the coal fines are <br />isolated, they will be allowed to continue 1o dry-art, with pumping of decant water from <br />the surface. The currerrt plan is to allow the partially de+nratered coal fines m freeae and <br />then 1b rerrave them for disposal on the oral refuse pile. <br />In order 1p cleanup the coal fines deposited in the proximale portion of Foidel Creek, we <br />are «rmemtiy evaluating the possibility of excavating one or more small dowrs4ean <br />cat~Mrrent bases, placing silt fence at their outlets to caphare coal fines, and flushing the <br />upper portion of the creek by partially opening the discharge valve at Pond A. The <br />cateFrrrent basin(s) would be located where they would be readily accessible for clean- <br />out <br />2 <br />