2011-09-26_ENFORCEMENT - C1982056 (3)

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This letter will serve as approval of the abatement plan submitted by Twentymile Coal Company and compliance with Step No. 2 of the CV- 2011 -005 abatement process. Please note that based on the proposed plan, TC proposes to photograph and provide copies of the photos or other appropriate documentation to the CDRMS verifying segregation, transport, and disposal of the materials. The Division requires that all documentation verifying Step 3 of the NOV abatement process be submitted during the activities. TC will be required to contact the Division upon completion of the removal process and Step 3 of the abatement process will not be considered completed until confirmation of the removal is observed through an inspection conducted by DRMS. Please feel free to contact me with any questions at (303) 866 -3567 ext 8134. Sincerely, segregation process and more efficient segregation of the material with the screening equipment that will be rented and temporarily installed at the Ross Pit. TC accepts the Minerals Group's assertion that the Ross Pit may not be permitted for importation of waste materials, however, the major portion of the material of concern is currently located in this Pit, and the addition of the minor volume currently stockpiled at the Deakins Pit would have negligible effect, and would allow for more effective and efficient processing and disposal of this material. Division's Response: TC's response is inadequate. However, based on communication between the Division and TC personnel a revised abatement plan was submitted by TC on September 26, 2011 via email. The revised plan stated that the stockpiled material in question at the Deakins Pit would be loaded and hauled to the Foidel Creek Mine rather than to the Ross pit for segregation. The revised plan is adequate to address the Division's concerns regarding the transport and segregation of the material at the Deakins Pit. Jason Musick Environmental Protection Specialist