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September 2l, 2006 <br />the minor flow at the Pond E discharge and at several downstream points <br />on Foidel Creek. <br />In compliance with applicable reporting requirements of both our CDPS <br />discharge permit and our Mining and Reclamation Permit, the <br />unanticipated discharge has been reported to the CHPHE-WQCD and <br />CDRMS. <br />Based on our field reconnaissance of the situation and discussions with <br />Environmental Staff and Dave Wallace, our next steps include; 1} <br />Reestablishment of runoff treatment capacity for Pond E; 2) Isolation, <br />dewatering, and clean-out of the coal fines in Pond E; and 3) Clean-up of <br />coal fines deposited in the proximate portion of Foidel Creek. <br />At present, we are consulting with the CDRMS on a plan to construct a <br />longitudinal earthen berm in Pond E to accomplish Steps 1 and 2, above. <br />Once the coal fines are isolated, they will be allowed to continue to dry-out, <br />with pumping of decant water from the surface. The current plan is to <br />allow the partially dewatered coal fines to freeze and then to remove them <br />for disposal on the coal refuse pile. <br />In order to clean-up the coal fines deposited in the proximate portion of <br />Foidel Creek, we are currently evaluating the possibility of excavating one <br />or more small downstream catchment basins, placing silt fence at their <br />outlets to capture coa{ fines, and flushing the upper portion of the creek by <br />partially opening the discharge valve on Pond A. The catchment basin(s) <br />would be located where they would be readily accessible for clean-out. <br />2 <br />