2011-09-22_ENFORCEMENT - C1982056 (2)

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according to our approved Permit and in full compliance with all applicable laws, rules, and regulations. TC is committed to full compliance with all applicable regulatory requirements. Although we question the basis for the NOV, and whether it should have been issued to TC, we remain committed to working with the CDRMS to resolve all outstanding issues in a timely and responsible manner. Consistent with that commitment, we have developed, submitted, and will proceed immediately on receipt of CDRMS approval, with the following Abatement Plan. Abatement Plan The NOV specifies 3 steps as necessary to abate the NOV. This Abatement Plan specifically addresses Abatement Step 1: Submit a plan to ensure that; a) the underground development waste subject to this NOV is segregated from non -coal waste, and disposed of in the approved Refuse Disposal Area; and b) the non -coal waste subject to this NOV is disposed of in a State approved disposal site operating in accordance with local, State, and Federal requirements. In order to abate the NOV, TC proposes to complete the following: 1) Survey the existing piles of imported material at both the Ross and Deakins Pits to determine how much material is present (this survey has already been conducted) 2) Work with our contractor to load and transport the existing pile of imported material from the Deakins Pit to the Ross Pit, where it will be combined with an existing pile of similar material for further processing 3) Work with our contractor to process the imported material currently stockpiled at the Ross Pit (plus the additional material transferred from the Deakins Pit) to generate four separate product streams; 1) saleable coal; 2) trash and debris; 3) coal mine waste (as defined by Rule 1.04 (22a)); and 4) non -coal waste. A portable screening plant will be secured on a temporary basis to facilitate timely processing and efficient segregation of the imported waste materials into these four streams. 4) Any coal that is at the Ross Pit, as well as any coal generated during processing of the waste materials, will be returned to the Foidel Creek Mine 5) All trash, debris, and non -coal waste will be loaded and transported, by the contractor, to the Twin Landfill for disposal 6) All coal mine waste will be loaded and transported, by the contractor, to the Foidel Creek Mine for further processing through the existing Washplant, if appropriate, or will be disposed of in the existing Coal Refuse Disposal Area, if it meets the applicable criteria for disposal, under Rule 4.10 TC proposes to initiate activities 2 through 6, as outlined above, immediately upon approval of this plan by the CDRMS, will proceed diligently to complete these activities in a timely manner, and anticipates that all proposed activities can reasonably be completed within 90 days of initiation. In order to document the proposed activities, TC further proposes to photograph and provide copies of the photos or other appropriate documentation to the CDRMS verifying segregation, transport, and disposal of the materials. In order to prevent any similar occurrences in the future, TC is also reviewing our waste handling and contracting practices to minimize or eliminate the potential for inadvertent mixing of non - compatible wastes, and to track off -site waste haulage and disposal to assure that materials are going to the designated disposal location(s).