ENFORCE28068

• Permit No: C1982056
• IBM Index Class Name: Enforcement
• Doc Date: 10/2/2006
• Doc Name: E-mail Regarding NOV
• From: DRMS
• To: Twentymile Coal Company
• Violation No.: CV2006006
• Media Type: D
• Archive: No

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 o£ 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:[e-mail]
Sent: Thursday, September 21, 2006 5:28 PM
To: [e-mail]; [e-mail]; [e-mail]
Cc: Mike Ludlow; Dave Wallace; [e-mail]; [e-mail];
jshoemaker@peabodye nergy.com; 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-WQC D, CDOW, and OSACE - These agencies were
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 09/14/06
Step 5: Notify downstream users from the Pond E discharge to 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 o£ the coal fines
discharge was obtained at the Pond E outlet prior to sealing the discharge
3