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<br />It is our position that neither of these locations constitute a "point <br />source," and therefore the effluent standards associated with the NPDES <br />process do not apply. <br />The Office of Surface tAining has contended that although the locations <br />constitute "non-point source" areas, the NPDES standards do apply. Since <br />our rules require compliance with the Colorado Water Quality Control Act <br />and any other applicable state and/or federal water quality requirements, <br />and since the Department of Health is the enforcement agency in charge of <br />administering any such requirements, we hereby request a specific <br />determination for the Apex No. 2 Mine. <br />Do the NPDES effluent standards, or any other effluent standards apply to the <br />two locations described above? If the standards apply, then we request your <br />assistance in recommending procedures which can be used to verify compliance. <br />We will supply any additional information needed by your department. <br />Finally, this determination is requested as a result of a specific Office of <br />Surface Mining oversight action. We would very much appreciate a response by <br />mid-November. <br />Thank you for your assistance, and please call if I can help in any way. <br />Sincerely; <br />/, <br />~~~~ <br />`Davjjk-'A. Berry <br />Reclamation Specialist <br />DAB/eke <br />Enclosure(s) <br />cc: James C. Stevens, MLRD <br />1016E <br />