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Walker, Byron <br />From: Hernandez, Dan <br />Sent: Monday, October 30, 2006 3:32 PM <br />To: Jerry Nettleton <br />Cc: Berry, David; Walker, Byron; kelly.morgan@state.co.us; Green, Nathan J SPK; <br />susan.werner@state.co.us; Henry Austin; Howard Strand <br />Subject: RE: Twentymile Coal Company -Foidel Creek Mine (Permit C-82-056), NOV CV-2006-006 <br />Abatement <br />Thank you Jerry. We hereby find Step 8 of NOV CV-2006-006 abated as of today. <br />We have also modified Step 9 into Steps 9a and 9b as requested below, and have extended <br />the original Step 9 abatement deadline from today (10/30/06) to 11/17/06 for Step 9a and <br />to 12/4/06 for Step 9b. Copies of the Modification Notice and the Extension of Time for <br />Abatement Notice were successfully faxed to your office a few minutes ago. Hard copies of <br />these Notices will go out with tomorrow's mail. <br />NOV Abatement Steps 10 and 11 remain as originally written, with the original abatement <br />deadline of 12/11/06 for both Steps still in effect. <br />Thanks for your diligence in working toward resolving this NOV. <br />Dan <br />-----Original Message----- <br />From: Jerry Nettleton [mailto:JNettleton@peabodyenergy.com] <br />Sent: Monday, October 30, 2006 11:06 AM <br />To: daniel.hernandez@state.co.us; byron.walker@state.co.us <br />Subject: Twentymile Coal Company - Foidel Creek Mine (Permit C-82-056), NOV CV-2006-006 <br />Abatement <br />Dan/Byron - <br />Addressing Abatement Step 8, please find attached the 3rd Quarter DMR for <br />CDPS Permit CO-0027154. We also completed our clean-up activities on <br />Foidel Creek late last week, and feel that our efforts were successful in <br />removing and recovering the majority of the desposited coal fines from the <br />affected portion of the Foidel Creek channel. <br />(See attached file: Permit CO-0027154 3rd qtr. DMR.PDF) <br />Per our phone discussions re: required documentation for Abatement Step 9, <br />we respectfully request that the abatement language and dates for Step 9 be <br />modified as follows: <br />Step 9a: Reestablish and document temporary stormwater storage and <br />discharge capabilities consistent with the approved design (revised <br />abatement date 11/17/06) <br />TCC proposes that the documentation to be provided will be an as-built <br />drawing showing the current configuration of Pond E (with north (coal <br />fines) and south (clean water) pond areas) with a stage-storage curve for <br />the clean water area demonstrating that it provides adequate stormwater <br />storage capacity consistent with the approved design and is configured to <br />allow controlled discharge through the existing riser structure. <br />Step 96: Remove coal fines accumulation from north pond area and dispose <br />of coal fines in existing coal refuse disposal area (revised abatement date <br />12/04/06) <br />Given that both pond areas (north and south) are shown within the <br />boundaries of the approved Sedimentation Pond E (Exhibit 8E Figure 1), we <br />1 <br />