ENFORCE32271

• Permit No: C1982056
• IBM Index Class Name: Enforcement
• Doc Date: 11/22/2006
• Doc Name: Request for Extension of Abatement ‎(E-mail)‎
• From: Jerry Nettleton
• To: Dan Hernandez
• Violation No.: CV2006006
• Media Type: D
• Archive: No

Peabody
Tweniymlle Coal
29515 Routt County Road #27
Oak Creek, CO 80467
970.879.3800
Mr. Daniel I. Hernandez
Senior Environmental Protection Specialist
Division of Minerals and Geology
13 l3 Sherman Street, Room 215
Denver, Colorado 80203
Phone: [phone]
Re: Twentymile Coal Company -Foidel Creek Mine (Permit C-82-056), NOV CV-2006-006 -Request for
Extension for Abatement Steps 96, 10 and 11
Dear Mr. Hernandez:
As you are aware, Twentymile Coal Company (TCC) has diligently pursued full abatement for all aspects of the
accidental coal fines discharge and associated NOV, which occurred in early September of this year. From the
point where we became aware of the discharge, we have worked closely with the Colorado Division of
Reclamation, Mining, and Safety (CDRMS), other jurisdictional agencies, and potentially affected parties, and
to date have completed Steps 1 through 9a of the abatement program jointly developed by the CDRMS, TCC,
and the other jurisdictional agencies. The following are the abatement steps (and curcent abatement dates)
remaining to be completed:
Step 9b: Remove coal fines accumulation from north pond area and dispose of coal fines in existinE coal
refuse disposal area (12/04/061
Step 10: Submit as-built (as-reaaired) construction drawings for the cleaned Sedimentation Pond E, with
a demonstration of adenuacv for treatment of surface inflows tarocess slows and surface runoff, 12111106).
Step 11: Report. in writine, completion of the Foidel Creek cleanup to the Division. CDPHE-WOCD,
CDOW. and USACE (12/11/061.
For Step 9b, TCC's plan and intent was to
• Allow the accumulated coal fines in the northern portion of the Pond E basin to consolidate, dewater,
and freeze
• Remove the frozen upper layer of the material with a Tong-reach backhoe; and load and haul this
material (in a frozen state) to a temporary placement location within the permitted coal refuse disposal
area
• With removal of the frozen surface layer, lower layers of the accumulated coal fines would freeze and
be removed, until all coal fines had been removed from the pond basin
• [n the spring, the frozen material would be expected to gradually thaw and dewater, and the material
could then be incorporated into the refuse pile using normal grading and compaction methods
On November 13'n, TCC initiated removal of the coal fines from the northern portion of the Pond E basin.
Unfortunately, we have had unseasonably warm weather, and we found that the surficial layer of coal fines had
partially consolidated and dewatered, but had not frozen to any significant depth. As a result, the coal fines
material remains in asemi-saturated condition. At this point in time, we have the following options for
removing this material, consistent with the abatement requirements: