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RECEI~/E® , <br />FEB 2 6 2001 <br />Division of RecVamation, <br />Mining and Safety <br />Mrs. Kelly Morgan <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division <br />4300 Cherry Creek Drive South <br />Denver. CO 80222-1530 <br />RE: Exceedence at Outfal1001A and 004A, Colowyo Coal Company L.P. (Colowyo) CDPS <br />Permit No. CO-0045161 <br />Dear Mrs. Morgan, <br />Per our phone conversation on February 23, 2007 this letter is to inform you in writing of two <br />exceedences of effluent standards on February 13, 2007. Colowyo Coal Company L.P. sampled <br />Outfalls OOlA (Streeter Pond) and 004A (Gulch A Pond) on February 13, 2007 and laboratory <br />analysis was received on February 23, 2007. The results of the analysis indicated that Outfall <br />OOIA exceeded in Total Suspended Solids and Outfall 004A exceeded with Total Suspended <br />Solids and Iron. <br />Pursuant to Permit Number: CO-0045161, Section A.2. the permitte may seek relief from the TSS <br />limitations if the discharge occurred within 48 hours after measurable precipitation has stopped. <br />Colowyo received 0.15 inches of total precipitation on February 11, 2007 and 0.19 inches of total <br />precipitation on February 12, 2007. Temperatures on the two prior stated dates reached highs of <br />41.4°F on February 11, 2007 and 35.3°F on February 12, 2007. This accumulated precipitation <br />combined with unseasonable warm weather created severe snow melt and runoff from <br />surrounding slopes. It is Colowyo's firm belief that the discharges occurring on February 13, <br />2007 were a direct result of precipitation events (rain) and warm temperatures creating snow melt <br />and runoff. Additionally, please see the attached ciimatologicai data for additional information. <br />Colowyo is respectfully requesting a waiver be granted for the exceedences reported at Outfalls <br />OOlA and 004A. Colowyo thanks you in advance for your consideration on this matter. If you <br />should have any additional questions or concerns please feel free to contact me at your <br />convenience at (970) 824-1532. <br />Sincerely, <br />~~~ <br />Tony Tennyson <br />Environmental Engineer <br />Encl. <br />CC: CDMG Jim Stark w/encl. <br />NPDES Reports Binder wlencl.. <br />C.F. 21.12 <br />February 23, 2007 <br />