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Walker, Byron <br />From: Hernandez, Dan <br />Sent: Friday, October 13, 2006 1:15 PM <br />To: Jerry Nettleton <br />Cc: Walker, Byron; Brown, Sandy; Berry, David; 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 Notice of Violation CV-2006-006 <br />Hi, Jerry. Thank you for the latest abatement information pertaining to NOV CV-2006-006. <br />As the report attached to your e-mail contains an estimate of the volume of total slurry <br />(water plus solids) discharged to Foidel Creek, we hereby deem Step 6e abated as of today. <br />As we discussed by telephone this morning, we have yet to receive the final full suite <br />analysis of the Sedimentation Pond E discharge required by NOV abatement Step 6a (we <br />received a preliminary analysis by e-mail on 10/10/06). We spoke with Brian Watterson at <br />TCC today, who said that he thought the final Sed Pond E discharge analysis would be <br />submitted to TCC today, and that he thought he would be able to forward the analysis to us <br />later this afternoon. We will deem Step 6a abated once we receive this information. <br />We additionally believe the report required by Step 6f should include the final full suite <br />analysis of the Sedimentation Pond E discharge. We will therefore need to wait to deem <br />Step 6f abated until the report required by Step 6f is revised to include the final Sed <br />Pond E analysis. <br />As of this writing, therefore, NOV Abatement Steps that have been abated are Steps 1, 2, <br />3, 9, 5, 6b, 6c, 6d, 6e, and 7. NOV Abatement Steps that remain unabated are Steps 6a, <br />6f, 8, 9, 10, and 11. <br />As a final note, our permit system went through an upgrade yesterday. We therefore were <br />unable to administratively process the approval of Minor Revision MR-211 (the spill clean- <br />up plan) until today. <br />Thanks for your diligence in working to resolve this matter. <br />Dan <br />-----Original Message----- <br />From: Jerry Nettleton [mailto:JNettleton@peabodyenergy.com] <br />Sent: Thursday, October 12, 2006 5:90 PM <br />To: daniel.hernandez@state.co.us; Byron.walker@state.co.us <br />Cc: mberdine@peabodyenergy.com <br />Subject: Twentymile Coal Company - Foidel Creek Mine (Permit C-82-056), NOV CV-2006-006 - <br />Abatement Report in Fulfillment of Abatement Steps 6e and 6f <br />Dan/Byron - <br />Attached is the Abatement Status Report for NOV CV-2006-006, which includes <br />a calculated estimate of the total volume of slurry discharged to Foidel <br />Creek, in fulfillment of Abatement Steps 6e and 6f. A complete hardcopy of <br />the report, including all attachments identified in the Table of Contents, <br />will be submitted early next week for your file. Please note, however, <br />that all attachments identified in the Table of contents have previously <br />been provided to the CDRMS. I will contact you tomorrow morning to verify <br />receipt of this transmittal, and to discuss any questions you may have. <br />Thanks for your continuing cooperation and assistance as we successfully <br />address the temporary consequences of this unfortunate accident - <br />Best regards, <br />Jerry <br />(See attached file: Abatement Report 100506.doc) <br />1 <br />