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`' ,tkinson <br />.y 14, 1996 <br />gage 2 <br />As to the question of altemate precipitation limitations applying to manual headgate <br />releases, the WOCD attempted to address that query in an October 3, 1994, letter from <br />Patricia A. Nelson, WOCD, to James A Kiger, Colowyo. The WOCD, however, did not <br />have the same level of technical understanding on Colowyo pond design and operation <br />that we have today. Given the increased understanding, I will support the position taken <br />in the letter, but with the clarification that operation of the ponds must be in accordance <br />with the design and operation approved by DMG, in order for the alternate limitations to <br />apply. <br />As a side note, the renewal coal mining general permit will provide greater detail on the <br />use of a manual headgate and Colowyo will be given an opportunity to comment on the <br />public notice draft. Additionally, we plan on revising our application to better address <br />collection of pertinent information of approved pond design and operation. <br />Again, I appreciated meeting with you and feel that we are near to resolution of the issue. <br />Should you have any questions, please contact Jon Kubic or myself. <br />Sincerely, <br />~~~ ~ ~~~~ <br />Robert Shukle. Chief <br />Permits & Enforcement Section <br />WATER QUALITY CONTROL DIVISION <br />cc: Susan McCannan, DMG <br />Jon Kubic, P&E <br />Kathleen Sullivan, P8E <br />I <br />