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Hernandez, Dan <br />From: Hernandez, Dan <br />Sent: Tuesday, October 03, 2006 10:51 AM <br />70: 'Jerry Nettleton' <br />Subject: FW: Twentymile Coal Company -Foidel Creek Mine, NOV CV-2006-006 Abatement and <br /> Extension Request <br />Hi, Jerry. This is a follow-up to yesterday's comments regarding Step 6d of CV-2006-006: <br />I spoke by telephone with CDPHE/WQCD yesterday afternoon. Quoting them, CDPE/WQCD stated <br />that: <br />"There are no requirements to perform a WET test during a spill at Twentymile. However, <br />the (Water Quality Control) Division does have the authority to require a facility to <br />perform a WET test if we feel it is necessary...Hopefully we will be able to come to a <br />decision on whether or not we should require the facility to perform a WET test." <br />Please, therefore, proceed today with asking the analytical lab that does your WET testing <br />whether a WET test could be performed on any left-over portion of the sample of the Pond E <br />discharge that was previously submitted for analysis. Please let us know today what the <br />lab said. <br />Thanks, Jerry. <br />Dan <br />-----Original Message----- <br />From: Hernandez, Dan <br />Sent: Monday, October 02, 2006 1:58 PM <br />To: 'Jerry Nettleton' <br />Cc: Walker, Byron; Brown, Sandy; Berry, David; 'kell y.morgan@state.co.us'; <br />'susan.werner@state.co.us'; 'Nathan.J.Green@spkOl.usace.army.mil'; 'Henry Austin'; 'Howard <br />Strand' <br />Subject: RE: Twentymile Coal Company - Foidel Creek Mine, NOV CV-2006-006 Abatement and <br />Extension Request <br />Jerry -- Sorry (again), but somehow my comments on Step 7 didn't get sent. We have <br />contacted DOW and OSACE to obtain their written concurrences with your Minor Revision <br />application MR 06-211 (to clean up the spill). We hope to get those concurrences today or <br />tomorrow, and are thus extending the deadline for Step 7 from today until tomorrow. <br />Dan <br />-----Original Message----- <br />From: Hernandez, Dan <br />Sent: Monday, October 02, 2006 1:49 PM <br />To: 'Jerry Nettleton' <br />Cc: Walker, Byron; Brown, Sandy; Berry, David; 'kelly.morgan@state.co.us'; <br />'susan.werner@state.co.us'; 'Nathan.J.Green@spkOl.usace.army.mil'; 'Henry Austin'; 'Howard <br />Strand' <br />Subject: RE: Twentymile Coal Company - Foidel Creek Mine, NOV CV-2006-006 Abatement and <br />Extension Request <br />Hi, Jerry. Thanks for updating me today on the status of Twentymile Coal Company's <br />compliance with CDRMS NOV CV-2006-006. I've discussed your comments with Dave Berry and <br />Byron Walker in our office. Here's where things stand: <br />Step 5: When I extended the deadline on this step from last Friday until today, I was <br />unaware that Byron had sent a letter dated Sept 25 2006 stating that we had considered <br />this step abated as of Sept 22 2006 (the date that TCC had submitted copies of its <br />certified mailing receipts to us). Sorry for the confusion. We will stand by that <br />decision; however, we request that TCC submit copies of the signed return receipts to us <br />1 <br />