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We do not consider the two discharges, which occurted on September 26 and October 30, 1997 to <br />be incidents where factors were beyond your reasonable control. Therefore, we do not believe that <br />Seneca Coal Company has demonstrated that they meet the requirements for an upset condition. <br />Be advised that this Division considers these violations to be significant inurature and are <br />considering a response that could potentially include enforcement action. <br />If you have any questions regarding this matter, please contact me at (303) 692-3603. <br />Water Oualit r~rotection Section <br />WATER QUALITY CONTROL DIVISION <br />cc: Local Health Department <br />Jim Chibrilo, D.E., WOCD <br />MS-3 File <br />Erica Crosby, DMG <br />