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r--'- TRI -STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. <br />HEADQUARTERS: P.O. BOX 33695 DENVER, COLORADO 80233 -0695 303 - 452 -6111 <br />February 24, 2014 <br />Ms. Kelly Morgan <br />Water Quality Control Division <br />Colorado Department of Public Health and Environment <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80246 -1530 <br />RE: Upset Condition Report <br />New Horizon Mine, CDPS Permit #CO- 0000213 <br />Dear Ms. Morgan: <br />Earlier today, Tri-State Generation and Transmission Association, Inc. (Tri- State) <br />verbally reported to you an upset condition for TSS at Outfall 013 in January 2014 for the <br />Western Fuels — Colorado, A Limited Liability Company (Western Fuels- Colorado) New <br />Horizon Mine in Nucla, Colorado. As noted in earlier communication with the Water Quality <br />Control Division, Tri -State is the parent of Western Fuels- Colorado. The New Horizon Mine <br />discharges under the Colorado Discharge Permit System (CDPS) Permit # CO- 0000213. Tri - <br />State believes that the average TSS concentration (30 -day average of 53 mg/L, compared to <br />permit limit of 35 mg/L) at Outfall 013 qualify as "upset conditions ", based on the permit <br />definition in Part II.A.3.d. The daily maximum permit limit (70 mg/L) was not exceeded. The <br />TSS concentrations were due to the significant impact from water fowl. The information <br />provided below further supports the "upset condition" affirmative defense as "unintentional and <br />temporary noncompliance with permit effluent limitations because of factors beyond the <br />reasonable control of the permittee ". <br />Given unusually low precipitation in early and mid - January, the number of water fowl <br />using the pond was significant. The water fowl contributed fecal matter increasing TSS at the <br />discharge. The facility evaluated operations and determined that the upset was not caused by <br />"operational error, improperly designed treatment facilities, inadequate treatment facilities, lack <br />of preventive maintenance, or careless or improper operations." Unfortunately, due to an <br />oversight, this upset condition was not reported within 24 hours as described in the permit. <br />However, Tri-State believes that the conditions experienced meet the upset conditions definition <br />and should be evaluated as such, subject to the affirmative defense. <br />Tri -State is committed to remaining in compliance with the permit for this facility. We <br />will be submitting the January 2014 Discharge Monitoring Report (DMR) later this week via <br />NetDMR. <br />AN EQUAL OPPORTUNITY/AFFIRMATIVF_ ACTION EMPLOYER <br />A Touchstone Energy' Cooperative <br />CRAIG STATION ESCALANTE STATION NUCLA STATION <br />P.O. BOX 1307 P.O- BOX 577 P.O. BOX 698 <br />CRAIG, CO 81626.1307 PREWITT, NM 87045 NUCLA, CO 81424 -0698 <br />970 -824 -4411 505- 972.5200 970 -864 -7316 <br />