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,, - <br />III IIIIIIIIIIIIIIII <br />STATE OF COLC~I~U <br />Roy Romer, Governor <br />Palti Shwayder, Executive Director <br />Dedicated to pro[ectfng and improving the health and environment of the people of Colorado <br />4700 Cherry Creek Dr. S. <br />Denver, Colorado 802 4 6-1 5 3 0 <br />Phone (303) 692.2000 <br />Located in Glendale, Colorado <br />http://www.cdphe.rtate.co.us <br />June 8, 1998 <br />Laboratory and Radiation Services Division <br />8700 Lowry BHd. <br />Denver CO 80220-6928 <br />003) 692-3090 <br />J.D. Harmon <br />Colowyo Mine Company L.P <br />Colowyo Mine <br />5731 State Highway 13 <br />Meeker, Colorado 81641 <br />RE: Request for Alternate Limits due to Snowmelt <br />CDPS Permit No. COG-850017, Moffat County <br />Dear Mr. Hannon, <br />RECEIVED <br />JUN 10 1998 <br />Division of Minerals & GeobgY <br />t:o <br />N`E ~ \Q <br />r QI f <br />Colorado Deparunent <br />of I'ubGc Health <br />and F~tvironment <br />This is in response to a letter from Kimberley A. Wolf dated April 20, 1998 in which she reported a <br />noncompliance with effluent limits due to Snowmelt at outfalls 004A and 007A during March 1998. Her <br />letter described increased temperatures that resulted in runoff from snowmett. Sediment ponds are <br />designed to hold a 10-year/24-hour event. Ms. Wolf claimed altemate limits of less than or equal to a 10- <br />year/24-hour event for outfall 004A and a greater than 10-year/24-hour event for outfall 007A. At this time, <br />Colowyo Coal Company has not satisfied the burden of proof requirements of the permit to qualify outfall <br />007A for a greater than a 10-year/24hour event. The self-monitoring data you provided on your <br />Discharge Monitoring Report is shown below: <br />Reported Permit <br />Period Outfall Parameter Results Conditions <br />1Q98 004A TSS (mg/l) 59.5 (30 day avg) 35 (30 day avg) <br />1Q98 004A TSS (mg/l) 71 (daily mx) 70 (daily mx) <br />1(198 004A Iron, Total (mg/I) 4.0 (30 day avg) 3.5 {30 day avg) <br />1 Q98 007A TSS (mg/l) 1330 (30 day avg) 35 (30 day avg) <br />1098 007A TSS (mg/I) 1330 (daily mx) 70 (daily mx) <br />1Q98 007A Iron, Total (mgll) 18.4 (30 day avg) 3.5 (30 day avg) <br />1098 007A Iron, Total (mg/I) 18.4 (daily mx) 7.0 (daily mx) <br />11198 007A Settleable Solids (ml/I) 0.8 (daily mx) 0.5 (daily mx) <br />Colowyo Coal Company L.P. has shown that discharge occurred within 48 hours of increased <br />temperatures, thus qualifying for the altemate limits which waive TSS and Total Iron limits. Since the <br />burden of proof requirements for the greater than 10-year/24-hour event was not established for outfall <br />007A, Settleable Solids is in noncompliance. The Division considers this violation to be significant in <br />nature. Further failure to comply with the terms of your permit may result in enforcement action by the <br />Division, including the imposition of penalties. <br />