ENFORCE30182

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

Hernandez, Dan
From: Hernandez, Dan
Sent; Tuesday, October 10, 2006 8:33 AM
To: 'Jerry Nettleton'
Cc: Walker, Byron; Berry, David; Brown, Sandy; '[e-mail]'; 'Green, Nathan J SPK';
'[e-mail]'; Henry Austin; Howard Strand
Subject: Status of Twentymile Coal Company NOV
Hi, Jerry. DOW has submitted their concurrence of Minor Revision MR-211 (below). This is the proposed plan for cleaning up
the wal fines spill in Foidel Creek. We received the concurrence last Friday, October 6, 2006, and as such consider Step 7 of
CDRMS Notice of Violation CV-2006-006 to have been abated as of that date. We will in addition be approving MR-211 today.
Remaining NOV abatement steps as of this writing are 6a, 6b, 6e, 6f, 8, 9, 10, and 11.
Thanks for your diligence in working to resolve this NOV.
Dan
From: Walker, Byron
Sent: Tuesday, October 10, 2006 8:05 AM
To: Hernandez, Dan
Subject: FW: Foidel creeki.doc
From: Werner, Susan [mailto:[e-mail]]
Sent: Friday, October 06, 2006 5:01 PM
To: [e-mail]
Subject: Foidel creekl.doc
You will be getting a hard copy of this in the mail next week.
Susan Werner
970-871-2842
October 6, 2006
Byron G. Walker
Division of Reclamation, Mining and Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
Re: Twentymile Coal Company Minor Revision
Dear Mr. Walker:
On September 13, 2006 Aquatic Biologist Bill Atkinson conducted a site inspection of Foidel Creek in relation to the coal slurry
deposition. Foidel Creek was electro shocked for presence or absence of aquatic life approximately 400 feet above the coal
slurry deposition. This area of the creek consisted of pools with no surface flow observed. Numerous Creek Chubs (Semotilus
atromaculatus) were sampled upstream of the spill.
Approximately I.5 to 2 miles below the coal slurry deposition Creek Chubs were also observed. Therefore, we can assume there
was a loss of aquatic life where the coal slurry was deposited. It would be extremely hard to quantify the amount of loss within
the deposition area.
My staff and the Aquatic Biologist have review the proposed clean up plan and believe that aquatic organisms will reestablish
once the proposed clean up is conducted.
Let me know if I can be of further assistance.
10/10/2006