2008-10-03_PERMIT FILE - C1982056A ‎(6)‎

• Permit No: C1982056A
• IBM Index Class Name: Permit File
• Doc Date: 10/3/2008
• Section_Exhibit Name: 2.03 Legal, Financial, Compliance and Related Information
• Media Type: D
• Archive: Yes

Mine Identification - DMG Pemut No. C 82-056
MSHA ID No. -OS-03836; Issued 1983
Violation Identification: CV -2006-006, September 13, 2006
Issuing Regulatory Authority: Division of Reclamation, Mining, and Safety
Brief Description of Violation: Failure to dispose of coal fines in accordance with the approved permit. Failure to
minimize disturbance to the prevailing hydrologic balance. Failure to maintain Sedimentation Pond E so as to provide
adequate runoff capacity for the 10-year, 24-hour precipitation event. Failure to prevent an unapproved disturbance
within 100 feet of an internuttent stream. -Rupture in buried washplant thickener underflow line caused coal fines
slurry to flow to and partially fill Sedimentation Pond E, resulting in coal fines discharge to Foidel Creek.
Date. Location and Type of Administrative Proceedings• Notice of Proposed Assessment issued on October 17, 2006
for a proposed civil penalty of $2,050.00. A Notice and Order to Pay Fixed Penalty was issued September 19, 2006.
TCC submitted a request for an Assessment Conference on October 26, 2006, and worked with the CDRMS on
scheduling of the Assessment Conference consistent with the Abatement schedule. Given time and weather constraints,
and the desire to address all abatement requirements in a timely manner, TCC and the CDRMS jointly agreed to forego
the Assessment Conference, and payment was submitted on December 19, 2006.
Current Status: Abatement Steps 1-11 were completed on or before the scheduled abatement dates. NOV terminated
on February 9, 2007.
Actions Taken to Abate Violation: On discovery of the coal fines discharge (09/11/06), TCC took immediate steps to
cease discharge, contain the discharged material, assess downstream migration of coal fines, and contact appropriate
agencies. Consultation with the agencies resulted in development of an 11-Step Abatement Plan:
Step 1 -Cease discharge (Abatement date 09/13/06 -Completed 09/11/06 -Abated 09/13/06)
Step 2 -Repair the broken thickener underflow line (Abatement date 09/13/06 -Completed 09/11/06 -Abated
09/13/06)
Step 3 -Perform immediate damage control activities for Foidel Creek (Abatement date 09/13/06 -Completed
09/11/06 -Abated 09/13/06)
Step 4 -Notify CDPHE-WQCD, CDOW, and USACE (Abatement date 09/13/06 -Completed 09/12/06 -
Abated 09/13/06)
Step 5 -Notify downstream water owners/users (Abatement date 09/29/06 -Completed 09/19/06 (phone
contact) with follow-up letter on 09/19/06 -Abated 09/22/06)
Step 6a -Assess Pond E discharge (Abatement date 10/13/06 -Completed 10/13/06 -Abated 10/13/06)
Step 6b -Assess receiving water quality (Abatement date 10/10/06 -Completed 10/10/06 -Abated 10/10/06)
Step 6c -Contain the coal fines discharge (Abatement date 10/03/06 -Completed 09/11/06 -Abated 09/13/06)
Step 6d -Assess potential toxicity impacts (Abatement date 10/03/06 -Completed 09/12/06 -Abated
10/03/06)
Step 6e -Provide estimate of total discharge volume (Abatement date 10/13/06 -Completed 10/13/06 -
Abated 10/13/06)
Step 6f -Submit written report to CDRMS (Abatement date 10/13/06 -Completed 10/13/06 -Abated
10/13/06)
Step .7 -Submit plans for abatement of potential long-term impacts with schedule and concurrence from
jurisdictional agencies (Abatement date 10/10/06 -Completed 09/14/06 except for agency concurrence -
Abated 10/06/06)
Step 8 -Continue surface water monitoring and submit copy of 3`~ Quarter DMR to CDRMS (Abatement date
10/30/06 -Completed 10/30/06 -Abated 10/30/06)
Step 9a -Reestablish and document temporary stormwater storage and discharge capabilities consistent with
approved design ((Abatement date 11/17/06 -Abated 11/17/06)
Step 9b -Remove coal fines accumulation from north pond area and dispose of coal fines in existing coal
refuse area (Abatement date 01/31/07 -Abated 01/30/07)
Step 10 -Submit as-built drawings for Pond E restoration along with documentation of treatment adequacy
(Abatement date 02/09/07 -Abated 02/08/07)
Step 11 -Submit final clean-up report to CDRMS, CDPHE-WQCD, CDOW, and USACE (Abatement date
02/09/07 -Abated 02/09/07)
Final Resolution: The NOV was terminated on February 9, 2007, and TCC submitted payment for the $2,050.00
civil penalty on October 15, 2006.
TR08-64 2.03-20 08/2]/08