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The NPDES permit was renewed effective October 1, 2007. A renewal application was <br /> timely submitted in March of 2012. The CDPHE has not renewed this permit to date and <br /> we continue to operate per the amended permit received when Outfall 029 was added. <br /> Two additional outfalls were applied for in May 2017. The first is to cover discharges from <br /> a new B-Seam pumping system as an alternate to outfall 029. The second is to address <br /> the WET testing failures of outfall 026 by discharging directly to the White River. We were <br /> informed that the CDPHE would have to process our permit renewal before adding the <br /> new outfalls. We requested reprioritization of our renewal twice with no apparent actions. <br /> Additional information, outfalls, and activities were submitted for review during May, 2021. <br /> Work is on-going to secure the renewal by mid-2022. <br /> 2.2.1.7 Whole Effluent Toxicity (WET) Testing Historically, WET testing for the D- <br /> Seam discharge, Outfall 026, has shown excessive toxicity to Daphnia magna and <br /> Fathead minnows. We are currently following NPDES Permit protocol and CDPH&E <br /> guidance to address this issue for the long term. <br /> WET testing of discharges from water pumped from the B-Seam (outfall 029) showed no <br /> signs of toxicity. <br /> 2.3 Red Wash Alluvial Monitoring Program <br /> Portions of Red Wash experienced subsidence due to longwall mining at the Deserado <br /> Mine. As required by CMLRD (now DRMS), BME initiated a detailed hydrology monitoring <br /> program in Red Wash above the first longwall panel to be mined. The monitoring program <br /> consisted of nine (9) holes drilled in the Red Wash alluvium across the predicted zone of <br /> subsidence from longwall panel 1 (LW-1). Water levels in the holes were monitored before, <br /> during, and after subsidence took place. The purpose of the monitoring program was to <br /> determine if surface flow in Red Wash was lost to bedrock as the result of subsidence. <br /> The monitoring data, analysis and conclusions were submitted to CMLRD in an Interim <br /> Report, November 1987, and in the Third Annual Hydrology Report, January 1988. The <br /> monitoring program determined that surface flow in Red Wash was not lost to bedrock as a <br /> result of subsidence. The major conclusions of the study were: <br /> • Recharge of the basal alluvium was from the upper sandstone facies (bedrock) <br /> and not from infiltration of surface runoff. <br /> • Subsidence cracks in Red Wash as the result of longwall mining were quickly <br /> filled with clay and silt preventing loss of surface water flow to bedrock. <br /> 11 <br />