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<br />STATE OF COLORADO <br />Bill Owens, Governor <br />Douglas H. Benevento, Executive Director <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division <br />Denver, Colorado 80246-1530 8100 Lowry Blvd. <br />Phone (303) 692-2000 Denver, Colorado 80230-6928 <br />TDD Line (303) 691-7700 (303) 692-3090 <br />Located in Glendale, Colorado <br />http//www.cdphes[ate.co.us RECEIVE D <br />December 3, 2004 <br />William A. Beaz, Jr. <br />Bowie Resources, LLC <br />P.O. Box 1488 <br />Paonia, CO 81428 <br />C 0 `~ 2004 <br />Division of Minerals & Geology <br />RE: Bowie No. 2 Mine, CDPS No. CO-0044776 <br />Response to Significant Non-Compliance letter dated 11/24/04 <br />Dear Mr. Beaz, <br />~~pF Cpl <br />: + <br />Rne0~0 <br />~ Ig76 ~` <br />Colorado Department <br />of PubGcHealth <br />and Envirotunent <br />Thank you for responding in a timely fashion to the Water Quality Control Division (the <br />"Division") Significant Non-Compliance letter of November 15, 2004. The Division <br />diligently notes your responses and complaints. <br />Regarding your contention that Bowie Resources' permi±, CDPS Permit No. CO- <br />0044776, contains no limit (under normal operating conditions) for Total Settleable <br />Solids, you are correct. Designating those reported results as violations is due to an error <br />in the coding of your permit in the Division computer system, which is in the process of <br />being corrected. I apologize for the inconvenience. As this removes three (3) of the six <br />(6) violations that put Bowie Resources in Significant Non-Compliance status, at this <br />time Bowie Resources will be removed from SNC status. <br />Regarding the accelerated WET testing being conducted for acute P. promelas on Outfall <br />002W, I would like to take this opportunity remind you of a few permit details. The <br />renewal of Permit No. CO-0044776, effective September 1, 2004, does not require future <br />WET testing for Outfa11002. Past WET failures must be followed up to conclusion, <br />however. It appeazs that you are in compliance with this, albeit behind schedule. It has <br />been over five (5) months since the WET test failure was identified, and your accelerated <br />testing is still not complete. For future WET test failures, accelerated WET testing <br />should begin as soon as possible after a demonstrated failure of routine testing, and <br />subsequent samples should be taken at least once every two (2) weeks until a Pattern of <br />Toxicity/ No Toxicity is established. Also, until the Pattern of No Toxicity is <br />