2009-08-10_PERMIT FILE - C1982056A ‎(3)‎

• Permit No: C1982056A
• IBM Index Class Name: Permit File
• Doc Date: 8/10/2009
• Section_Exhibit Name: 2.03 Legal, Financial, Compliance and Related Information
• Media Type: D
• Archive: Yes

Mine Identification - DMG Permit No. C 82 -056
MSHA ID No. -05- 03836; Issued 1983
Violation Identification: CV - 2007 -004, August 24, 2007
Issuing _Regulatory Authority Division of Reclamation, Mining, and Safety
Brief Description of Violation Failure to conduct mining operations in accordance with permitted plans,
specifically, un- permitted disturbance of the surface, augering of geotechnical test holes, and excavation of
geotechnical test pits for the proposed 6MN Mine Water Storage Reservoir.
Date, Location and Type of Administrative Proceedings_ Notice of Proposed Assessment issued on September 20,
2007 for a proposed civil penalty of $900.00. A Notice and Order to Pay Fixed Penalty was issued October 11,
2007, and payment was submitted on October 15, 2007.
Current Status: NOV terminated on September 20, 2007.
Actions Taken to Abate Violation: The minimal surface disturbance associated with the site geotechnical
investigations was reclaimed immediately following completion of soil augering and test pit excavation. A
Technical Revision application (TR07 -62), addressing permitting of the geotechnical investigations, was
submitted on September 4 2007, and subsequently approved on February 4, 2008.
Final Resolution: The NOV was terminated on September 20, 2007, and TCC submitted payment for the
$900.00 civil penalty on October 15, 2007.
Mine Identification - DMG Permit No. C 82 -056
MSHA ID No. -05- 03836; Issued 1983
Violation Identification: CV - 2006 -004, September 5, 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 intermittent 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)
TR09 -68 2.03 -20 07/06/09