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Walker, Byron <br />From: Hernandez, Dan <br />Sent: Tuesday, October 10, 2006 8:32 AM <br />To: Jerry Nettleton <br />Cc: Walker, Byron; Berry, David; Brown, Sandy; kelly.morgan@state.co.us; Green, Nathan J SPK; <br />susan.werner@state.co.us; Henry Austin; Howard Strand <br />Subject: Status of Twentymile Coal Company NOV <br />Hi, Jerry. DOW has submitted their concurrence of Minor Revision MR-211 (below). This is the proposed plan for <br />cleaning up the coal fines spill in Foidel Creek. We received the concurrence last Friday, October 6, 2006, and as <br />such consider Step 7 of CDRMS Notice of Violation CV-2006-006 to have been abated as of that date. We will in <br />addition be approving MR-211 today. Remaining NOV abatement steps as of this writing are 6a, 6b, 6e, 6f, 8, 9, <br />10, and 11. <br />Thanks for your diligence in working to resolve this NOV. <br />Dan <br />From: Walker, Byron <br />Sent: Tuesday, October 10, 2006 8:05 AM <br />To: Hernandez, Dan <br />Subject: FW: Foidel creekl.doc <br />From: Werner, Susan [mailto:Susan.Werner@state.co.us] <br />Sent: Friday, October 06, 2006 5:01 PM <br />To: byron.walker@state.co.us <br />Subject: Foidel creekl.doc <br />You will be getting a hazd copy of this in the mail next week. <br />Susan Werner <br />970-871-2842 <br />October 6, 2006 <br />Byron G, Walker <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Twentymile Coal Company Minor Revision <br />Dear Mr. Walker. <br />On September 13, 2006 Aquatic Biologist Bill Atkinson conducted a site inspection of Foidel Creek in relation to <br />the coal slurry deposition. Foidel Creek was electro shocked for presence or absence of aquatic life <br />approximately 400 feet above the coal slurry deposition. This area of the creek consisted of pools with no surface <br />flow observed. Numerous Creek Chubs (Semorilus arromacula[usJ were sampled upstream of the spill. <br />Approximately 1.5 to 2 miles below the coal slurry deposition Creek Chubs were also observed. Therefore, we <br />can assume there was a loss of aquatic life where the coal slurry was deposited. [t would be extremely hard to <br />quantify the amount of loss within the deposition area. <br />10/10/2006 <br />