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J. E. STOVER 8~ ASSOCIATES, INC. <br />P. O. BOX 60340 <br />GRAND JUNCTION, COLORADO 81506 <br />PHONE: (970) 245-4101, FAX 242-7908 <br />MINE ENGINEERING <br />MINE RECLAMATION <br />July 28, 2006 <br />Ms. Kelly Morgan <br />Water Quality Protection Section -Industrial Compliance Program <br />Walter Quality Control Division <br />Colorado Department of Public Health & Environment <br />WQCD-WQP-62 <br />4300 Cherry Creek Drive South <br />Denver, CO 80246-1530 <br />RE: Snowcap Coal Company, Inc. <br />Permit No. CO-0027154 <br />Noncompliance Notification <br />Ms. Morgan: <br />CIVIL ENGINEERING <br />CONST. MANAGEMENT <br />RECEBVED <br />AUG 0 2 2006 <br />Divisron of Minerels end Geology <br />Pursuant to Snowcap Coal Company's discharge permit number CO-0027154, Part II, Section <br />A(4)(b), we are writing to report a noncompliance discharge. The oral notification was made, via <br />telephone, on Tuesday, July 24, 2006 at approximately 10:00 a.m. by the undersigned. <br />On Monday morning, July 24, 2006, at approximately 11:00 a.m., the permittee discovered that a <br />ditch conveying flow to Outfall 005, Pond 9, had failed and allowed runoff to breach the ditch and <br />discharge outside the designed facility. <br />It was discovered that a substantial rain event had occurred at the facility on Thursday, July 20. <br />By discussions with on-site lessors and nearby residents it was determined that the heavy rain <br />and hail began at approximately 5:30 p.m. and lasted from 1 to 1-1/2 hours. The <br />aforementioned ditch only carries flow during periods of rainfall. Therefore, after the storm had <br />tzassed.~oncom~liance discharge ceased. The ditch was temporarily_repaired by permitt?e on <br />Wednesday, July 26"'. Permanent repairs are ongoing. <br />If you have any questions, please call meat (970) 241-8118. <br />Sincerely, <br />~--'~~ <br />Tonya K. Hammond <br />Owner's Representative <br />Enclosures <br />cc: DMG Denver Office <br />File <br />