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III IIIIIIIIIIIIIIII <br />999 <br />Roy Romer, Governor <br />Patti Shwayder, Executive Director <br />STATE OF COLORADO <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />4300 Cherry Creek Dr. S. Laboratory Building <br />Denver, Colorado 80222-1530 4270 E. 11th Avenue <br />Phone (303) 692-2000 Denver, Colorado 80220-3716 <br />(303)691-4700 RECEIVED <br />December 18, 1996 <br />Ms. Katleen Welt <br />Mountain Coal Company <br />P.O. Box 591 <br />Somerset, CO 81434 <br />l7EC 2 3 196 <br />Diweion ut nnmmnla tk Caovlogy <br />Re: WQCD December 9, 1996, NOTICE OF SIGNIFICANT NONCOMPLIANCE <br />Motmtain Coal Company -West Elk Mine <br />CDPS Permit No. CO-0038776; Gunnison County, Colorado <br />Dear Ms. Welt: <br />OF.ep/O <br />R~ 4~ <br />ti~ <br />N <br />~ re 76 ~ <br />Colorado Department <br />of Public Health <br />and Environmrnt <br />During our telephone conversation on the morning of December 17, 1996, you requested some clarification of <br />the aforementioned December 9, 1996, notice. Specifically, you inquired about the following statement, <br />"However, ..,continuing to develop the mine into this known fault zone prior to emplacing facilities and <br />procedures to prevent future permit effluent limit violations will likely be met with formal enforcement action." <br />You indicated that the fault zone is more accurately labelled "projected" than "known." The clarification is <br />appreciated, however, to avoid formal enforcement action, Mountain Coal Company must address the potential <br />for water quality impacts before developing through this area. The reference to "future permit effluent limit <br />violations" in the statement primarily relates to Total Suspended Solids exceedences resulting from effluent <br />originating from projected fault area development. Nevertheless, any permit violations precipitated by a failure <br />to enact appropriate and adequate preventive measures could also trigger formal enforcement action. <br />Thank you for your attention to this matter. if you have any further questions, please contact me at (303)692- <br />3603. <br />Sincerely, <br />~ , - ~ ~ <br />/ r <br />Kathleen L. Sullivan <br />Industrial Enforcement Engineer <br />Permits and Enforcement Section <br />WATER QUALITY CONTROL DIVISION <br />ec: Gene E. DiClaud io/Henry Barbe, Mountain Coal Company <br />Melanie Pallman,(8ENF-T), Technical Enforcement Prog[am, Environmental Protection Agency <br />Dwain Watson, D.E., Field Support Section, WQCD <br />David Berry/Mike Boulay, CDMG <br />Local Health Department <br />MS-3 File <br />