2011-09-22_ENFORCEMENT - C1982056 (5)

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DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866 -3567 FAX: (303) 832 -8106 September 22, 2011 Mr. Jerry Nettleton Twentymile Coal Company, LLC 29515 Routt County Road #27 Oak Creek, CO 80467 STATE OF COLORADO RE: Foidel Creek Mine (Permit No. C -82 -056) Notice of Violation No. CV- 2011 -005, Abatement Plan Preliminary Adequacy Review Dear Mr. Nettleton, The Division received Twentymile Coal Company's (TC's) abatement plan for CV -2011 -005 on September 21, 2011. The Colorado Division of Reclamation, Mining and Safety has completed its adequacy review of the proposed plan. Please respond to the following comments or concerns as necessary: John Hickenlooper Governor Mike King Executive Director Loretta E. Pineda Director 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 has included this material that has been backfilled into the pit slopes, in addition to the stockpiled material identified in the August 18, 2011 inspection of the Deakins Pit, in the accounting survey already conducted. 2. Step 2 of the proposed plan states that TC will work with their 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. As addressed in No. 1 above, the material at the Deakins Pit includes not only the material that was stockpiled, but also includes the underground development waste material that has been utilized as backfill. COLORADO D I V I S I O N O F RECLAMATION MINING — &— SAE ETY Due to the fact that the Ross Pit is not approved to import or stockpile underground development waste or noncoal waste, further importation of the underground development waste cannot be approved at the Ross Pit. The underground development waste at the Deakins Pit and the underground development waste /noncoal waste at the Ross Pit will be required to be segregated separately at each pit, or returned to the Foidel Creek Mine for segregation and approved disposal. Please identify if segregation of material will occur at each site separately or segregation will be conducted at the Foidel Creek Mine. 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 Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines