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III IIIIIIIIIIIIIIII ~aEl ~~<<a~~~~~ <br /> <br />STATE OF COLORADO <br />Bill Owens, Governor <br />Jane E. Norton, Executive Director <br />Dedicated to protecting and improving the health and environment o! the people of Colorado <br />4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division <br />Denver, Colorado 80246-7 530 8100 Lowry Blvd. <br />Phone f303) 692.2000 Denver C0 80220.6928 <br />located in Glendale, Colorado (303) 692-3090 <br />http://wsvsv.cdphestate. co. us <br />Water Qualiry Control Division RECEIVED <br />WQCD-P-B2 <br />(303) 692-3500 FAX (303) 782-0790 FEB 12 1999 <br />January 27, 1999 <br />Kimberley A. Wolf <br />Environmental Engineer <br />Colowyo Coal Company, L.P. <br />5731 State Highway 13 <br />Meeker, CO 81641 <br />7ivision of Minerals & Geob¢y <br />RE: Request to Discharge Pit Water <br />Colowyo Coal Company, L.P. -Colowyo Coal Mine <br />CDPS CO-45161 (pending) (formerly COG-850017) <br />Moffat County <br />Dear Ms. Wolf: <br />../ F Cp~++ <br />Colorado Department <br />of Public Health <br />and Environment <br />This letter responds to your January 21, 1999, letter which was first submitted via telefax and followed by a <br />copy delivered via Federal Express. Your letter requests authorization to pump water from mining pits to <br />existing sedimentation ponds that are currently.authorized to discharge to state waters under general permit <br />certification number COG-850017. - <br />As you are aware, although the sedimentation ponds are currently authorized to discharge to state waters, the <br />only pollutant source authorized under the general permit is surface runoff. Pit water is not authorized under <br />this general permit. However, the new individual permit currently drafted and scheduled to be submitted for <br />public notice on January 29, 1999, does authorize discharge of pit water after meeting certain numeric effluent <br />limitations. <br />Colowyo Coal Company, L.P. ("Colowyo") submitted an application for renewal of general permit certification <br />number COG-850017 in January of 1997. During permit drafting discussions, Colowyo and the Division <br />reached consensus that it would be more appropriate to drafr an individual permit for this facility than to renew <br />the facility's certification under the general permit. One major reason for this determination is to authorize <br />discharge of pit water. A first draft of the individual permit was submitted to public notice in July of 1997. <br />Subsequent to that time, Colowyo made the decision to modify the configuration of the facility's sedimentation <br />ponds to change the mode of routine discharge from manual operation to automatic dewatering. Colowyo was <br />required to secure approval from the Colorado Division of Minerals and Geology ("CDMG") prior to making <br />this change. The approval process has consumed several months, delaying revisions of the individual permit <br />that would address the change. Although the individual permit has not yet been issued, the draft permit has <br />been revised such that it addresses the concerns of the Division, the permittee and the CDMG. <br />On the basis described herein, the Division will use enforcement discretion regarding discharges of pit water <br />that occur prior to the effective date of the final permit via points specified in the revised draft permit, <br />providing afi tetras and conditions in the draft permit are adhered to that apply to such discharges. <br />