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Page 2 <br />Requirement Regulation Comment <br />7. NPDES discharge <br />limitations <br /> <br />NPDES permit COG- <br />0048275 <br /> <br />NPDES Sites 003,002, and 004 were previously <br />permitted under COG-0000221. CO-0048275 was <br />issued and in effect as June 7, 2010. <br /> <br />A Notice of Violation/Cease and Desist Order, <br />Number: IO -120912- 1 was issued by CDPHE' s <br />WCQCD at the Peabody Sage Creek Mine on <br />September 12, 2012. The CDPHE NOV was issued <br />for Failure to Comply with Permit Effluent <br />Limitations, Failure to Use Required Analytical <br />Method, and Failure to Report Representative <br />Monitoring Data. The effluent limitation was the <br />above mentioned parameter on Potentially Dissolved <br />Selenium. Based on the CDPS permit CO -0048275 <br />issued to Peabody Sage Creek Mining, LLC, the <br />effluent parameter is a 30 -day average of 4.6 ug/L <br />for potentially dissolved selenium. This parameter <br />was exceeded during the 2013 water year at two <br />outfalls, outfall 003 and outfall 004. Outfall 004 <br />discharges both surface run-off and spoil spring <br />water from an area which has no active disturbance <br />and is currently in reclamation. Outfall 003 <br />discharges surface run-off from the North Facilities <br />Area. <br /> <br />Based on a Memorandum of Understanding between <br />the Division of Reclamation, Mining and Safety and <br />the Water Quality Control Division (WQCD), the <br />WQCD will be responsible for enforcing CDPS <br />permit conditions. <br /> <br />According to the AHR submitted for the 2016 water <br />year, none of the outfalls discharged water that <br />exceeded the primary effluent limitations. <br />8. Basic Standards for Surface <br />Water <br /> <br />CWQCC regulations <br />31.1.11 <br /> <br />The manganese standard was exceeded at four sites <br />during this water monitoring year. Based on <br />CWQCC reg. 31, the standard of 0.2 mg/l, applies to <br />plants grown in acidic soils (< 6. 0 pH). In alkaline <br />soils, as found on the PSCM site, the EPA standard <br />would be 10 mg/ 1. All sites had manganese values <br />less than 1 mg/l. <br /> <br />The selenium standard was exceeded at one site <br />during this water monitoring year. Based on <br />CWQCC reg. 31, the standard of 20.0 ug/L, which is <br />the same as the CDOH groundwater irrigation <br />standard. <br />