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The CDMG did not convey any concerns to Colowyo regazding the manner in which Colowyo <br />operated the sediment control ponds until January, 1996, despite monthly CDMG inspections and <br />discussion in Colowyo's CDMG permit of the manner in which the ponds were operated. On a <br />number of occasions the manner in which Colowyo operated the sediment control ponds was <br />explained to CDMG personnel. In a letter to the CDMG dated January 5, 1996, Colowyo provided <br />a narrative regazding the operation of the ponds. A copy of this letter can be found in the Document <br />Log included with this letter. During meetings in Denver with CDMG and WQCD on February 28, <br />1996; March 27, 1996 and April 26, 1996, the parties extensively discussed the operation of <br />Colowyo's ponds. As a result of these discussions it was and continues to be Colowyo's <br />understanding that consensus was reached regazding the operation of Cotowyo's sedimentation <br />control ponds. <br />Future Anticipated Pond Design and Operation <br />Although Colowyo believes the sediment control ponds aze designed and operated correctly, <br />Colowyo agreed to and has been working with the CDMG on the reclassifying of all ten of <br />Colowyo's sedimentation ponds as a Technical Revision (TR) 41 to Colowyo's CDMG permit ° <br />Colowyo submitted TR 41 to the CDMG on February 24, 1997 for the purpose of reclassifying <br />Colowyo's sedimentation ponds from ponds that contain and treat (settle out solids) the event <br />(known as "containment ponds"), to ponds that treat and pass through the event (known as <br />"treatment ponds"). Colowyo representatives, members of the CDMG, and TerraMatrix participated <br />in a phone conference on Mazch 7, 1997 to discuss and agree upon input factors used in the redesign <br />of the sediment control ponds.s The CDMG provided a response (March 20, 1997) to Colowyo's <br />TR 41 with a number of comments and adequacy questions which required resolution prior to <br />approval of the revision. On Mazch 25, 1997, a Public Notice was printed in the local newspaper <br />regazding the filing of TR 41. This topic was also discussed at a meeting in Silverthom, Colorado <br />on January 21, 1997, at which the CDMG representatives present included Ms. Crosby, Mr. <br />Hernandez, Mr. Routten, and Mr. Walker. Representatives from Colowyo included Mr. Gazcia, Mr. <br />Hinkemeyer, Mr. Kiger, and Ms. Wolf. <br />While not specifically addressed in the CDMG's letter of January 12, 1998, it may be appropriate <br />to address the concepts under which the sediment control ponds will operate after they have been <br />converted to "treatment" ponds or, after the approval and implementation of TR 41. <br />The ponds will be designed to passively treat and dischazge water which meets the Alternate <br />Limitation standazds based on the predictive SEDCAD model. The TSS, total iron, and pH limits <br />apply when the pond is receiving base flow;, the SS and pH limits apply during <br />°Letter to E. Crosby (CDMG) from R. Atkinson, dated June 10, 1996. <br />STell-Conference Ivteeting Notes from March 7, 1997. <br /> <br />