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The CDPHE NOV was issued for Failure to Comply with <br />Permit Effluent Limitations, Failure to Use Required <br />Analytical Method, and Failure to Report Representative <br />Monitoring Data. The effluent limitation was the above <br />mentioned parameter on Potentially Dissolved <br />Selenium. Based on the CDPS permit CO- 0048275 issued <br />to Peabody Sage Creek Mining, LLC, the effluent <br />parameter is a 30 -day average of 4.6ug /l for potentially <br />dissolved selenium. This parameter was exceeded <br />during the 2012 water year at two outfalls, outfall 002A <br />and outfall 004A. Outfall 004A discharges both surface <br />run -off and spoil spring water from an area which has no <br />active disturbance and is currently in reclamation. <br />Outfall 002A discharges both surface run -off and spoil <br />water from both the active /newly constructed mining <br />area and areas in reclamation. <br />Based on a Memorandum of Understanding between <br />the Division of Reclamation, Mining and Safety and the <br />Water Quality Control Division (WQCD), the WQCD will <br />be responsible for enforcing CDPS permit conditions. <br />8. Basic Standards for <br />CWQCC regulations <br />The manganese standard was exceeded 4 times at 3 <br />Surface Water <br />31.1.11 <br />sites including springs. Based on CWQCC reg. 31, the <br />standard of 0.2 mg /1, applies to plants grown in acidic <br />soils ( <6.0 pH). In alkaline soils, as found on the PSCM <br />site, the EPA standard would be 10 mg /1. The maximum <br />manganese value observed at any surface site was 0.461 <br />mg /I at SSSPG3. <br />9. Instream Numeric <br />CWQCC regulation 33.0 <br />Two PSCM monitoring sites exist within the Fish Creek <br />Standards <br />Drainage: The 004 outfall and SSC10 are on Cow Camp <br />Creek and discharge into Fish Creek which is on Segment <br />13b of the Yampa River basin. The stream standards for <br />Fish Creek are based on aquatic life standards. One <br />sample from Pond 004 outfall exceeded the chronic <br />selenium standard of 4.6 ug /1, in May and June (6.5 and <br />5.7 ug /1). The acute standard of 18.4 ug /I was not <br />exceeded. <br />Two PSCM monitoring sites exist within the Little Grassy <br />Creek drainage: The 002 outfall and SSLG5. SSLG5 <br />drains the upper portion of Little Grassy Creek which are <br />undisturbed by mining. Both sites discharge into Grassy <br />Creek which is on Segment 13e of the Yampa River <br />basin. The stream standard for nitrite (0.05 mg /1) was <br />exceeded at the SSLG5 site. This site is upstream of any <br />mine discharges. The chronic selenium standard of 4.6 <br />