ENFORCE31310

• Permit No: C1982056
• IBM Index Class Name: Enforcement
• Doc Date: 10/3/2006
• Doc Name: E-mail Regarding NOV
• From: DRMS
• To: Twentymile Coal Company
• Violation No.: CV2006006
• Media Type: D
• Archive: No

Step 6c: During our inspection of the mine site on 9/13/06, we
found
that TCC had contained the coal fines discharge in Sed Pond E. We therefore consider Step
6c to have been abated as of 9/13/06. A letter to this effect is forthcoming.
Step 6d: We understand TCC's position that it believes this step
has
been abated, as TCC has forwarded a copy of the MSD Sheet for the coal fines
thickener/flocculant, as TCC has forwarded comments from the manufacturer of the coal
fines slurry thickener/flocculant regarding its potential toxicity, and as an aquatic
biologist from DOW had observed on 9/13/06 that a fish kill on Foidel Creek had not
occurred. We had hoped, however, to have received an analytical lab analysis of the
discharge's toxicity. It's our understanding that wasn't specifically requested of the
lab; we have consequently reviewed our copy of the Second Quarter 2006 Discharge
Monitoring Report for CDPS permit # 0027159 (received by us on B/1/06), which indicates
that Whole Effluent Toxicity testing was performed on Outfall 005 (Pond D). We have asked
CDPHE/WQCD to inform us of any potential requirement by TCC to have conducted a WET test
on the Pond E discharge (as Pond E's outfall is regulated under CDPS permit # 0027159).
Please additionally ask the lab that conducts your WET tests if any portion of the Pond E
discharge left over from the full-suite analysis could be WET-tested. So that the
information described above may be obtained and discussed with us before we consider this
step abated, we are extending the abatement deadline for this step from today to tomorrow.
Step 6e: We understand that developing the estimate of the total
slurry (water plus solids) volume discharged to Foidel Creek will take a few days to
prepare. Because of this, and because this particular abatement step is not as critical
as some of the others, we are extending the deadline for this step from today to Friday
October 6 2006.
Step 6f: Due to the extensions for Steps 6a, 6b, 6d, and 6e, we
are
extending the deadline for this step (submittal of a written report providing the
information from the Step 6 steps) from today to Friday October 6 2006.
Step 8: We agree that this step, in its original form, is
open-ended. We
will therefore modify this step to "Continue all approved surface water quality monitoring
as required by CDPHE; provide to CDRMS a copy of the September 2006 DMR for permit #
0027159." As the abatement deadline for this step is currently October 30, 2006, we will
leave this deadline unchanged at this time.
Steps 9, 10, and 11: As discussed, we are leaving the abatement measures and deadlines
for these three steps unchanged at this time.
A Modification Notice (to change the requirements of Step 8), an Extension of Time for
Abatement Notice (to document the extended deadlines described above), and a letter
documenting that Step 6c has been abated, will be sent to TCC as soon as possible. Please
contact me if you have any questions.
Dan
-----Original Message-----
From: Hernandez, Dan
Sent: Thursday, September 28, 2006 2:15 PM
To: 'Jerry Nettleton'
Cc: Walker, Byron; Brown, Sandy; Berry, David; '[e-mail]';
'[e-mail]'; 'Nathan. J. [e-mail]'; 'Henry Austin'; Howard
Strand
Subject: RE: Twentymile Coal Company - Foidel Creek Mine, NOV CV-2006-006 Abatement and
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 of the abatement measures
from the original Step 6 have been abated, and that others may still be unabated. We can
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