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Peabody Sage Creek Mining, LLC <br />Page 3 <br />0514/2014 <br />was issued and in effect as of June 7, 2010. <br />The selenium standard (4.6 ug /l) was <br />exceeded a total of three times at two NPDES <br />outfalls ( Outfalls 003 and 004) during the <br />water year. <br />A Notice of Violation /Cease and Desist Order, <br />Number: 10- 120912 -1 was issued by CDPHE's <br />WCQCD at the Peabody Sage Creek Mine on <br />September 12, 2012. <br />The CDPHE NOV was issued for Failure to <br />Comply with Permit Effluent Limitations, <br />Failure to Use Required Analytical Method, and <br />Failure to Report Representative Monitoring <br />Data. The effluent limitation was the above <br />mentioned parameter on Potentially Dissolved <br />Selenium. Based on the CDPS permit CO- <br />0048275 issued to Peabody Sage Creek Mining, <br />LLC, the effluent parameter is a 30 -day <br />average of 4.6 ug /l for potentially dissolved <br />selenium. This parameter was exceeded <br />during the 2013 water year at two outfalls, <br />outfall 003 and outfall 004. Outfall 004 <br />discharges both surface run -off and spoil <br />spring water from an area which has no active <br />disturbance and is currently in <br />reclamation. Outfall 003 discharges surface <br />run -off from the North Facilities Area. <br />Based on a Memorandum of Understanding <br />between the Division of Reclamation, Mining <br />and Safety and the Water Quality Control <br />Division (WQCD), the WQCD will be responsible <br />for enforcing CDPS permit conditions. <br />8. Basic Standards <br />CWQCC regulations <br />The manganese standard was exceeded six <br />