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/fir n'~~t«.f 12r ^e~ III IIIIIIIII I'll III ~~r STATE OF COLOI~UU ~ Roy Romer, Governor Pat[i Shwayder, Executive Director Dedicated to protatfng and improving the health and environment of the people o/Colorado 4700 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone 13031 692-2000 located in Glendale, Colorado http://wvvw.cdphe.state.m.us August 19, 1998 ' James A. Kiger Colowyo Coal Company 5731 State Highway 13 Meeker, Colorado 81641 Laboratory and Radiation Services Division 8100 Lowry Blvd. Denver CO 80120-6928 (3071 692-3090 RECEIVED AUG 2 1 1998 DIV. OF MINERALS _ __ _RE: _Request_For_Alternate-Limits.Due_to snowmelt _. _ CDPS Permit No.: COG~50017; Outfall 007A Moffat County Dear Mr. Kiger: OF C /.~ „~,~% ~~ a ~rn~` Depuvnent I;~Hdr~ This letter is in response to your letter dated July 14, 1998 in which you requested the Division to review additional information regarding a snowmelt event that occurred during the week of March 23, 1998. Coloywo Coal Company reported on their first quarter discharge monitoring report (DMR) an exceedence for Total Suspended Solids (TSS), Total Iron and Settleable Solids at Outfall 007A. In a previous letter, dated April 22, 1998, Colowyo Coal Company requested the Division to grant Alternate Limits for a greater than 10-yearl24 hour precipitation snowmelt event at Outfall 007A, thus waiving TSS, Total Iron and Settleable Solids. In our letter, dated June 8, 1998, we concurred that there had been an increase in temperatures from March 21 through March 23, 1998 but we qualified the event as less than or equal to 10-year/24-hour precipitation event, thus only waiving Total Suspended Solids and Total Iron. The Division has reviewed your recent letter regarding this snowmelt event and we do not believe that the information submitted supports the conclusion that the snowmelt event was greater than a 10-yearl24-hour precipitation event. Coloywo Coal Company collected discharge samples at Outfall 007A on March 23, 1998. The infonnalion provided in your recent letter addressed increase temperatures and flows during May 23 through March 26, 1998, which is after the discharge was collected. According to the Permit, Part I, 8.,1.,a), it states that "Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period greater than the 10-vear 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations ... ). The permit further states in Part 1,8.,1.,2), that to'tivaive settleable solids limitations, it is necessary to prove that discharge occun'ed within 48.hours after pond inflow volume has stopped thus qualifying for the 10- year, 24-hour event. Colowyo Coal Company has not provided adequate additional information to meet the burden of proof qualifying this snowmelt event as greater than a 10-year/24-hour precipitation event. In fact, the sample collected on March 23, 1998 was before the period in which snowmelt intensified. Therefore, the Division is denying your request to waive settleable solids at outfall 007A for this monitoring period.