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Peabody Sage Creek Mining, LLC <br />Page 3 <br />8/25/2016 <br />A Notice of Violation/Cease and Desist Order, Number: <br />IO -120912-1 was issued by CDPHE's WCQCD at the <br />Peabody Sage Creek Mine on September 12, 2012. <br />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 <br />issued to Peabody Sage Creek Mining, LLC, the effluent <br />parameter is a 30 -day average of 4.6 ug/1 for potentially <br />dissolved selenium. This parameter was exceeded during <br />the 2013 water year at two outfalls, outfall 003 and <br />outfall 004. Outfall 004 discharges both surface run-off <br />and spoil spring water from an area which has no active <br />disturbance and is currently in reclamation. Outfall 003 <br />discharges surface run-off from the North Facilities <br />Area. <br />Based on a Memorandum of Understanding between the <br />Division of Reclamation, Mining and Safety and the <br />Water Quality Control Division (WQCD), the WQCD <br />will be responsible for enforcing CDPS permit <br />conditions. According to the 2015 AHR, PSCM is <br />working with CDPHE to resolve this issue. <br />According to the DMR's submitted for the 2015 water <br />year, none of the outfalls discharged water that exceeded <br />the primary effluent limitations. <br />8. Basic Standards for <br />CWQCC regulations <br />The manganese standard was exceeded at four sites <br />Surface Water <br />31.1.11 <br />during this water monitoring year. Based on CWQCC <br />reg. 31, the standard of 0.2 mg/l, applies to plants grown <br />in acidic soils (<6.0 pH). In alkaline soils, as found on <br />the PSCM site, the EPA standard would be 10 mg/1. All <br />sites had manganese values less than 1 mg/l. <br />9. Instream Numeric <br />CWQCC regulation <br />-Fish Creek: <br />Standards <br />33.0 <br />Two PSCM monitoring sites exist within the Fish Creek <br />Drainage: The NPDES Pond 004 outfall and Site SSC10. <br />These sites discharge to Cow Camp Creek which <br />