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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman 6t., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />February 9, 2007 <br />Jerry M. Nettleton <br />Environmental Coordinator <br />Twentymile Coal Company <br />29515 Routt County Road #27 <br />Oak Creek, CO 80467 <br />Re: Foidel Creek Mine, Permit C-1982-056 <br />Notice of Violation (NOV) 2006-006, Steps l0and 11 Abatement <br />Dear Mr. Nettleton: <br />COLORADO <br />D I VISION O F <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />Bill Owens <br />Governor <br />Russell George <br />Executive DirecYOr <br />Ronald W, Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining and Safety received, on February 8, 2007, the as- <br />built (as-repaired) of Pond E after the cleaning of underflow coal fines from the pond <br />(Step 10 of the referenced NOV), and the written completion report of Foidel Creek <br />Cleanup (Step 11). <br />With regard to the as-built, the submission (including the SEDCAD runs) demonstrates <br />that work accomplished has restored Pond E back to approved design and capacity, and is <br />accepted as the corrective action with regazd to Step 10. The drawing is consistent with <br />field observations made during the inspection of January 30, 2007 (Step 9b abatement). <br />Step 10 is abated as of today (February 9, 2007). <br />The written report indicates that work required to clean up Foidel Creek has been <br />completed. The contents of this report are consistent with field inspections conducted <br />during the corrective actions taken with regard to the violation. The report is accepted, <br />and Step 11 is abated as of February 9, 2007. <br />Please contact me if you have any questions. <br />Yours truly, <br />Byron'G. Walker <br />Environmental Protection Specialist <br />files: electronic: C-1982-056, NOV CV-2006-006 <br />C:\bgw\My Documents\Foidel Creek\NOV\06 06\Step 10 & 11 abatement letter.doc <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />