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C-(~BZ-oS~ l`rH/ Zcx~S-- fair" c..,,-~P A/a~ 7~s -aa(' <br />Walker, Byron <br />From: Jerry Nettleton [JNettleton@peabodyenergy.com] <br />Sent: Friday, July 08, 2005 4:46 PM <br />To: byron.walker@state. co. us <br />Cc: mberdine@peabodyenergy.com; cburggraf@peabodyenergy.com; Delbert Lobb <br />Subject: Twentymile Coal Company - Foidel Creek Mine (Permit No. C-82-056), NOV's -Status and <br />Extension of Abatement Period <br />Byron - <br />As you are aware, we have been working diligently to address abatement for <br />the two recent NOV's. The following summarizes the status of our abatement <br />actions: <br />NOV CV-2005-005 <br />Part 1 - Abatement completed and NOV terminated per your 6/15/05 notice. <br />Part 2 - Receipt of notification that TCC is pursuing Abatement Option <br />(2)(b) confirmed by CDMG. TROS-50 addressing stockpiling of topsoil <br />submitted 6/7/05. TCC notified by phone of requirement for SEDCAD runs on <br />topsoil stockpile ditches. Contractor design of topsoil ditches initiated <br />6/20/05 (receipt of designs currently pending contractor completion). <br />Abatement date for Part (2)(b) is 8/8/05. <br />NOV CV-2005-006 <br />Parts 1, 3, and 4 - Discharge stopped and valve was attached to discharge <br />pipe and closed the day of the inspection (5/3/05). MROS-193 addressing <br />abatement issues submitted 6/8/05. CDMG completeness determination for <br />MROS-193 on 6/19/05. CDMG abatement inspection on 6/19/05 confirmed <br />abatement of discharge. CDMG Adequacy letter on MROS-193 issued on 6/13/05 <br />(MR redesignated as MROS-194). TCC adequacy responses submitted on <br />6/21/05. Abatement extended to June 30, 2005 and subsequently extended to <br />July 15, 2005, based on CDMG review of the submitted adequacy responses. <br />Supplemental adequacy response package submitted on July 2, 2005 (currently <br />being reviewed by CDMG). <br />Part 2 - Pumping activity discontinued and pump removed the day after the <br />inspection (5/4/05). MR05-193 addressing abatement issues submitted 6/8/05. <br />CDMG completeness determination for MRO5-193 on 6/19/05. CDMG abatement <br />inspection on 6/14/05 confirmed abatement of pumping activity. CDMG <br />Adequacy letter on MROS-193 issued on 6/13/05 (MR redesignated as <br />MR05-194). TCC adequacy responses submitted on 6/21/05. Abatement <br />extended to June 30, 2005 and subsequently extended to July 15, 2005, based <br />on CDMG review of the submitted adequacy responses. Supplemental adequacy <br />response package submitted on July 2, 2005 (currently being reviewed by <br />CDMG). <br />Both NOV's <br />Submitted request for assessment conference on 6/21/05. Assessment <br />conference scheduled for 7/20/05. <br />Given that TCC is waiting for the SEDCAD runs for the topsoil stockpile <br />ditches (NOV CV-2005-005, Part 2) and that the CDMG will still need to <br />review and approve this documentation before topsoil movement can occur, <br />and that the CDMG is currently reviewing MR05-194, with subsequent <br />