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Background <br />TWENTYMILE COAL, LLC - FOIDEL CREEK MINE (C -82 -056) <br />NOV CV- 2011005 ABATEMENT PLAN <br />NOV CV- 2011005 was issued for: <br />Failure to; 1) place all underground development waste in existing disposal areas approved by <br />the Division; 2) dispose of non -coal wastes in a State approved disposal site operated in <br />accordance with local, State, and Federal requirements; 3) conduct all surface coal mining <br />and reclamation operations only as described in the approved application; and 4) comply with <br />the terms and conditions of the permit, all applicable performance standards of the Act, and the <br />requirements of the Rules. <br />Twentymile Coal, LLC (TC) had characterized and worked with a State approved disposal facility <br />(Twin Landfill near Milner) to transport and dispose of "non -coal waste" consisting of mine road <br />clean-up materials, consisting of aggregate, mud, and minor amounts of coal dust, rock dust, and <br />debris. TC contracted with Bower Brothers to load and haul these "non -coal waste" materials to the <br />Twin Landfill. <br />Based on conversations with Bower Brothers, resulting from and subsequent to, issuance of the NOV, <br />it was determined that, without TC's knowledge or consent, the contractor had diverted some of the <br />"non -coal waste" material designated for disposal at the Twin Landfill to the Deakins and Ross Pits. It <br />was also determined that, due to operational and communication issues with the contractor, apparently <br />some mixing of "non -coal waste" and other underground clean -up materials may have occasionally <br />occurred. <br />Abatement Plan <br />The NOV specifies 3 steps as necessary to abate the NOV. This Abatement Plan specifically addresses <br />Abatement Step 1: <br />Submit a plan to ensure that; a) the underground development waste subject to this NOV is <br />segregated from non -coal waste, and disposed of in the approved Refuse Disposal Area; and b) <br />the non -coal waste subject to this NOV is disposed of in a State approved disposal site <br />operating in accordance with local, State, and Federal requirements. <br />In order to abate the NOV, TC proposes to complete the following: <br />1) Survey the existing piles of imported material at both the Ross and Deakins Pits to determine <br />how much material is present (this survey has already been conducted) <br />2) Work with our contractor to load and transport the existing pile of imported material from the <br />Deakins Pit to the Ross Pit, where it will be combined with an existing pile of similar material <br />for further processing <br />