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i~ <br />BTU Empire Corporation <br />29515 Routt County Road # 27 RECEIV~p <br />Oak Creek, Colorado 80467 <br />(970)879-3800 <br />No v o i zoo4 <br />October 27, 2004 Division olMinerals d Geology <br />Ms. Carla Lenkey <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division -Permits and Enforcement <br />4300 Cherry Creek Drive South <br />Denver. CO 80222.1530 <br />RE: PERMIT CO-0034142; EMPIRE 3RD QUARTER 2004 DMR SUBMITTAL <br />Dear Ms. Lenkey: <br />Enclosed, please find the above referenced discharge monitoring report Tor the period July 1, 2004 through September 30, <br />2004. Outfall 003A flowed each week of the quarter. No permit excursions were noted during this period. <br />Note that Empire received approval from CDPHE to reduce the frequency of Whole Effluent Toxicity (WET) testing for Outfalls <br />003X, 022X, and 024X to an annual basis in lieu of the current quarterly basis. Thus, chronic WET testing was last performed <br />at Outfalls 003X and 022X during the second quarter of 2004. At that time WET tests for 003X and 022X indicated no toxicity <br />to either P. promelas (fathead minnow) or C. dubia. Note that 024X has not flowed this year. <br />Ouffalls 004A, 007A, 009A, 011A, 012A, 013A, 014A, 015A, 016A, 017A, 018A, 019A, 020A, 021 A, 022A/022X, 023A, and <br />024A/024X, along with Site 3001, did not discharge during this period. In order to reduce the amount of paper work, the <br />following certification will be substituted for the actual DMR forms to cover the outfalls, which did not discharge. <br />I certily under penalty of law that I have personally examined and am familiar with the information submitted herein; and <br />based on my inquiry o/ those individuals responsible /or obtaining the information, 1 believe the submitted information is <br />true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including [he <br />possibility of (ine and imprisonment. See 18 U.S.C. § 1001 and 33 U.S.C. § 1319. (Penalties under these statutes may <br />include lines up to $1`0000 and/or maximum imprisonment of between 6 months and 5 years.) <br />N~~~ 0 2 O <br />Brian A. Watterson, Geologist Dat <br />Please contact me at (970) 870-2750 for any further questions. <br />~ ~ ~~~~~ <br />Brian A. Watterson, R.G. <br />Geologist, Environmental Group <br />BTU Empire Corporation <br />enclosures <br />cc: ~~ <br />CWPS Permit No. CO-0034142 file <br />