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required by CDPHE; provide to CDRMS a copy of the September 2006 DMR for permit # <br />0027154." As the abatement deadline for this step is currently October 30, 2006, we will <br />leave this deadline unchanged at this time. <br />Steps 9, 10, and 11: As discussed, we are leaving the abatement measures and deadlines <br />for these three steps unchanged at this time. <br />A Modification Notice (to change the requirements of Step 8), an Extension of Time for <br />Abatement Notice (to document the extended deadlines described above), and a letter <br />documenting that Step 6c has been abated, will be sent to TCC as soon as possible. Please <br />contact me if you have any questions. <br />Dan <br />-----Original Message----- <br />Erom: Hernandez, Dan <br />Sent: Thursday, September 28, 2006 2:15 PM <br />To: 'Jerry Nettleton' <br />Cc: Walker, Byron; Brown, Sandy; Berry, David; 'kelly.morgan@state.co.us'; <br />'susan.werner@state.co.us'; 'Nathan.J.Green@sp kOl.usace.army.mil'; 'Henry Austin'; Howard <br />Strand <br />Subject: RE: Twentymile Coal Company - Foidel Creek Mine, NOV CV-2006-006 Abatement and <br />Extension Request <br />Jerry -- I have modified Step 6 of NOV CV-2006-006 by breaking it down into six new Steps: <br />6a, 6b, 6c, 6d, 6e, and 6f. Each of these new Steps will now have their own individual <br />abatement deadlines. I did this because it appears that some of the abatement measures <br />from the original Step 6 have been abated, and that others may still be unabated. We can <br />discuss the specifics of what's been abated, what's left to abate, and the remaining <br />abatement deadlines on Monday Oct 2nd when you return from your vacation. <br />I have extended the deadlines on Step 5, Steps 6a through 6f, and Step 7 to Monday Oct <br />2nd. Before extending these deadlines beyond this date, I would prefer that you and I <br />discuss on Monday what remedial actions have occurred at the mine site since your last <br />communication (below). <br />A Modification Notice (changing the original Step 6 into new Steps 6a-6f) and an Extension <br />of Time For Abatement Notice (extending the Sept 29 2006 deadlines for Steps 5, 6a-6f, and <br />7 to Oct 2, 2006) were faxed to you today. These Notices will be put in the mail as well. <br />Dan <br />-----Original Message----- <br />From: Jerry Nettleton [mailto:JNettleton@peabodyenergy.com] <br />Sent: Thursday, September 21, 2006 5:28 PM <br />To: byron.walker@state.co.us; david.berry@state.co.us; daniel.hernandez@state.co.us <br />Cc: Mike Ludlow; Dave Wallace; mberdine@peabodyenergy.com; bwatterson@peabodyenergy.com; <br />jshoemake r@peabodyenergy.com; Brickley Cowman <br />Subject: Twentymile Coal Company - Foidel Creek Mine, NOV CV-2006-006 Abatement and <br />Extension Request <br />Byron - <br />I received the final copy of the above-referenced NOV today, and was <br />disappointed that several of the abatement provisions had been <br />substantively changed subsequent to our on-site discussions. The changes <br />result in conditions for two of the abatement provisions that we cannot <br />realistically meet within the identified abatement timeframes. The <br />following summarize our status and concerns re: the identified abatement <br />provisions: <br />Step 1: Cease discharge of Thickener unde rf low to Pond E - Discharge was <br />cut-off at the time the coal fines discharge was discovered (prior to 10:00 <br />AM on 09/11/06, as documented by your field observations. <br />2 <br />