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January 24, 2007 <br />Ms. Kelly Morgan <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division <br />4300 Cherry Creek Drive South <br />Denver, CO. 80246-1530 <br />RE: REQUEST FOR RELIEF FROM CDPS WATER QUALITY ALLOWANCE <br />EXCEEDENCE OF TOTAL SUSPENDED SOLIDS (TSS) AND TOTAL RECOVERABLE <br />IRON AT OUTFACE 004A; COLOWYO COAL COMPANY L.P. (COLOWYO); CDPS <br />NO. CO-00045161 <br />Dear Ms. Morgan, <br />In response to our phone conversation on November 14, 2006 regarding the water quality <br />allowance exceedence at Outfa11004A, please accept this formal request for relief from Total <br />Suspended Solids MCL and Total Recoverable Iron requirements regazding the samples taken on <br />October 17, 2006. As requested, reasonable justification for waiving TSS and Total Recoverable <br />Iron limitations in this circumstance is provided in the following text. <br />Specific documentation relating to precipitation and laboratory analysis is provided to you in the <br />attached packet. Completed Quarterly Pond (Impoundment) Inspection Forms can be provided to <br />you at your request. These inspection reports are reviewed by CDMG and included in Colowyo's <br />Annual Hydrology Report. <br />Permit Back round: <br />This pond is eligible for relief from Primazy TSS and Total Recoverable Iron limitations based on <br />the Alternate Limitations language "Any discharge or increase in the volume of a discharge caused <br />by precipitation within any 24-hour period less than or equal to the 10-year 24-hour precipitation <br />event (or snowmelt of equivalent volume) may comply with the following limitations subject to <br />burden of proof requirements described in PartI.A.2). " <br />Part I.A.2: Alternate Limitation Burden of Proof Requirements <br />The permittee has the burden ofproofwhenseeking relief from total suspended solids (TSS), <br />total or total recoverable iron, and/or settleable solids (SS) limitations, as applicable. All Outfalls <br />are eligible for relief from TSS, or total recoverable iron, and SS; however, the majority of the <br />loading from any discharge has to consist of storm runoff for the relief to be available. The <br />permittee will need to show that exceedence of the applicable limitations was caused by <br />precipitation and not mine water, through a comparison of the loading from each source. Relief <br />Colowyo Mine • 5731 State Highway 13 • Meeker, Colorado 81641 <br />T +1 970 824 1500 • P +1 970 824 1504 • wWw.rtea.com <br />