2011-09-22_ENFORCEMENT - C1982056 (6)

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Ileabod 1111 ENERGY Twentymile Coal, LLC Mr. Jason Musick Colorado Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, Colorado 80203 303.866.3567 X8134 29515 Routt County Road 27 Oak Creek, CO 80467 970.879.3800 September 22, 2011 Re: NOV CV- 2011005 Abatement Plan — Adequacy Responses Dear Mr. Musick; The following respond to the Division's Technical Adequacy comments, received earlier today: 1) Step 1 of the proposed plan states that TC will survey the existing piles of imported material at both the Ross and Deakins Pits to determine how much material is present, and that this survey has already been conducted. According to Steve Baker (Deakins Pit operator) imported waste material was used to backfill much of the northern pit slope at the Deakins Pit. Please acknowledge if TC included this material that has been backfilled into the pit slopes, in addition to the stockpiles material identified in the August 18, 2011 inspection of the Deakins Pit in the account survey already conducted. Response: The referenced survey completed by TC documented approximately 250cy of material currently stockpiled at the Deakins Pit and a total of approximately 3,050cy of material currently stockpiled at the Ross Pit, and did not include any material backfilled into the Pit. Our conversations with Steve Baker indicated that he had blended a significant amount of soil material, excavated in the process of developing the Deakins Pit, with any waste material that was diverted to the Deakins Pit by Bower Brothers Construction. He also indicated that all material blending and backfilling was completed under the Permit approval issued by the Minerals Group of the CDRMS, and further, that previous Minerals Group inspectors had been aware of this activity, and had not expressed any concerns or raised these activities as an issue, until after the recent complaint was filed. When asked where the blended materials had been backfilled, Mr. Baker did not provide any definitive answer. From a practical perspective, differentiation and identification of any waste materials incorporated with soils and used as blended backfill in the Deakins Pit would be nearly impossible at this point due to the blending activities. Similarly, given the blending and backfilling that has occurred, it is questionable whether any effective segregation of waste materials from the blended backfill could be accomplished. It is important to note that any coal waste diverted from the Foidel Creek Mine would not represent a potential hazard to surface or ground water since TC has characterized the coal and overburden materials and has documented that they are non -toxic and non acid - producing. Blending of these