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Hernandez, Dan <br />From: Jerry Nettleton [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; <br />bwatterson@peabodyenergy.com; jshoemaker@peabodyenergy.com; Brickley Cowman <br />Subject: Twentymile Coal Company -Foidel Creek Mine, NOV CV-2006-006 Abatement and Extension <br />Request <br />Attachments: Downstream User Mail Receipts.pdf; MRO6-211 DMG App Form R1.doc <br />Downstream MR06-211 DMG <br />:er Mail Receipts.~p Form Rl.doc <br />Byron - <br />I received the final copy of the above-referenced NOV today, and was disappointed that <br />several of the abatement provisions had been substantively changed subsequent to our on- <br />site discussions. The changes result in conditions for two of the abatement provisions <br />that we cannot 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 underflow to Pond E - Discharge was cut-off at the <br />time the coal fines discharge was discovered (prior to 10:00 AM on 09/11/06, as documented <br />by your field observations. <br />Step 2: Repair the Thickener Pipe - The thickener pipe was repaired later in the same day <br />(09/11/06), as documented by your field observations. <br />Step 3: Perform immediate damage control activities on Foidel Creek - These activities <br />were performed immediately after notification of the coal fines discharge on 09/11/06, as <br />documented in my e-mail of 09/12/06 and confirmed by your field observations. <br />Step 4: Notify the CDPHE-WQC D, CDOW, and OSACE - These agencies were notified by phone on <br />09/12/06, with copies of follow-up communications provided to the CDRMS. A representative <br />of CDOW visit the site on 09/19/06 <br />Step 5: Notify downstream users from the Pond E discharge to the confluence of Trout <br />Creek with the Yampa River - Based on a list from the CDWR provided on 09/19/06, attempts <br />were made to contact the identified water users by phone, followed by mailing of a <br />registered mail notification on the same date (copies of registered mail receipts <br />attached). <br />Step 6: Assess discharge and receiving water quality, contain the coal fines discharge, <br />and assess potential toxicity. Provide an estimate of the slurry volume discharged. <br />Submit a writted report of such assessments - Immediately on notification of the <br />discharge, a sample of the coal fines discharge was obtained at the Pond E outlet prior to <br />sealing the discharge structure. A sample was also obtained just beyond the identified <br />downstream limit of coal fines migration (both of these samples were obtained on <br />09/11/06). We initiated a daily sampling program for several downstream points the next <br />day (09/12/06), continuing through present. The coal fines discharge was contained <br />through sealing of the Pond E discharge structure and the emerfgency containment <br />activities identified under Step 3, on 09/11/06. Potential toxicity was assessed on <br />09/11/06 and 09/12/06 through review of the MSDS sheet for the flocculent used and through <br />contacts with the flocculent manufacturor re: any potential aquatic toxicity (copies of <br />documentation provided to CDRMS). It is difficult to assess the volume of slurry <br />discharged with any accuracy, after the fact. <br />We can, however, work with our Wash-Plant statistics and Pond E capacity to come-up with <br />an estimate. It is however, not practically feasible to complete a report by the <br />1 <br />