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iiiiiiiuiiiiiuiii <br />999 <br />Wyoming fuel Compony <br />12055 W.Second Place • P.O Box 15596 • Lakewood, Colorado 80215 • Telephone (303)989-5037 <br />April 18 ,, 1988 <br />Ms. Sandy Harek <br />Colorado Department of Health <br />Division of Administration <br />4210 East 11th Avenue <br />Denver, CO 80220 <br />Re: Wyoming Fuel Company - Golden Eagle Mine <br />Permit No. CO-0033367 - Las Animas County <br />Dear Ms. Marek: <br />R~DEIVED <br />APR ~ 0 1984 <br />WQCb, PERMIT SECTION <br />This letter will confirm our understanding, based on your conversations <br />last week with me and with Bill Stubblefield at ERT, that biomonitoring <br />samples taken on April 18, 1988 will be deemed by you to be in compliance <br />with paragraph 5 on page 4 of the Notice of Violation and Cease and Desist <br />Order and Clean-up Order ("the NOV") issued to Wyoming Fuel Company ("the <br />Company") on April 5, 1988. We anticipate that we will be able to verbally <br />report to you the laboratory results of the biomonitoring within 7 days <br />after the date on which the samples are taken. A written report of these <br />results will follow the verbal report. , <br />The NOV requires the Company to inform you within 15 days of receipt the <br />NOV of our election whether "to clean up and properly dispose of the sludge <br />in any and all ponds affected by the use of flocculant, or submit a <br />detailed report demonstrating that the sludges in these ponds are non-toxic <br />and do not pose any threat to aquatic life." The Company's decision <br />whether to dispose of the sludge or to leave it in place as non-toxic must <br />depend upon information and data not currently available to us. Therefore, <br />to the extent that the NOV requires the Company to inform you within 15 <br />days of our decision, it is presently our intention to perform an <br />investigation and submit a report confirming that the sludges are <br />non-toxic. The Company is in the process of selecting a qualified <br />technical consultant to assist us in this investigation. Upon selection of <br />the consultant we will coordinate with you the development of appropriate <br />time frames for accomplishing the investigation and report. Of course, if <br />the investigation results in a determination that the sludges are a threat <br />to aquatic life, we will inform you promptly and work with you to develop <br />an appropriate course of action. <br />Sincerely, <br />Llndeke S. Trumbly ' " <br />Attorney <br />LST/pf <br />LAW4-15 <br />AI'P, ;, •~ 1°oS <br />r <br />',4t~L%'`~'f~ i 1~~ <br />