ENFORCE38067

• Permit No: C1982056
• IBM Index Class Name: Enforcement
• Doc Date: 9/21/2006
• Doc Name: E-mail Responding to NOV
• From: Twentymile Coal Company
• To: DRMS
• Violation No.: CV2006006
• Media Type: D
• Archive: No

Hernandez, Dan
From: Jerry Nettleton [[e-mail]]
Sent: Thursday, September 21, 2006 5:28 PM
To: [e-mail]; [e-mail]; [e-mail]
Cc: Mike Ludlow; Dave Wallace; [e-mail];
[e-mail]; [e-mail]; Brickley Cowman
Subject: Twentymile Coal Company -Foidel Creek Mine, NOV CV-2006-006 Abatement and Extension
Request
Attachments: Downstream User Mail Receipts.pdf; MRO6-211 DMG App Form R1.doc
Downstream MR06-211 DMG
:er Mail Receipts.~p Form Rl.doc
Byron -
I received the final copy of the above-referenced NOV today, and was disappointed that
several of the abatement provisions had been substantively changed subsequent to our on-
site discussions. The changes result in conditions for two of the abatement provisions
that we cannot realistically meet within the identified abatement timeframes. The
following summarize our status and concerns re: the identified abatement
provisions:
Step 1: Cease discharge of Thickener underflow to Pond E - Discharge was cut-off at the
time the coal fines discharge was discovered (prior to 10:00 AM on 09/11/06, as documented
by your field observations.
Step 2: Repair the Thickener Pipe - The thickener pipe was repaired later in the same day
(09/11/06), as documented by your field observations.
Step 3: Perform immediate damage control activities on Foidel Creek - These activities
were performed immediately after notification of the coal fines discharge on 09/11/06, as
documented in my e-mail of 09/12/06 and confirmed by your field observations.
Step 4: Notify the CDPHE-WQC D, CDOW, and OSACE - These agencies were notified by phone on
09/12/06, with copies of follow-up communications provided to the CDRMS. A representative
of CDOW visit the site on 09/19/06
Step 5: Notify downstream users from the Pond E discharge to the confluence of Trout
Creek with the Yampa River - Based on a list from the CDWR provided on 09/19/06, attempts
were made to contact the identified water users by phone, followed by mailing of a
registered mail notification on the same date (copies of registered mail receipts
attached).
Step 6: Assess discharge and receiving water quality, contain the coal fines discharge,
and assess potential toxicity. Provide an estimate of the slurry volume discharged.
Submit a writted report of such assessments - Immediately on notification of the
discharge, a sample of the coal fines discharge was obtained at the Pond E outlet prior to
sealing the discharge structure. A sample was also obtained just beyond the identified
downstream limit of coal fines migration (both of these samples were obtained on
09/11/06). We initiated a daily sampling program for several downstream points the next
day (09/12/06), continuing through present. The coal fines discharge was contained
through sealing of the Pond E discharge structure and the emerfgency containment
activities identified under Step 3, on 09/11/06. Potential toxicity was assessed on
09/11/06 and 09/12/06 through review of the MSDS sheet for the flocculent used and through
contacts with the flocculent manufacturor re: any potential aquatic toxicity (copies of
documentation provided to CDRMS). It is difficult to assess the volume of slurry
discharged with any accuracy, after the fact.
We can, however, work with our Wash-Plant statistics and Pond E capacity to come-up with
an estimate. It is however, not practically feasible to complete a report by the
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