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Febtuary 27, 1998 <br />WQCD Letter <br />Page 5 <br />Colowyo further commented that dewatering in accordance with "applicable state <br />laws" means dewatering solely in accordance with the WQCD permit. We at this <br />point disagree with Colowyo, in that we believe ponds designed to contain (rather <br />than pass) water for a period of time prior to discharge may be subject to review by <br />the Division of Water Resources with regard to evaporative augmentation and <br />temporary substitute supply matters. We will, however, consult further with the <br />Colorado Division of Water Resources to help us resolve this issue. <br />10. DMG commented that we would appreciate being informed of any future <br />modification to the WQCD permit. Colowyo did not object to this. WQCD did not <br />comment. We would still like to know if it would be possible for WQCD to inform <br />us of any future modifications to Colowyo's WQCD permit. <br />l 1. No further comment from WQCD to DMG is necessary. Thank you. <br />l2. No further comment from WQCD to DMG is necessary. Thank you. <br />13. No further comment from WQCD to DMG is necessary. Thank you. <br />14. No further comment from WQCD to DMG is necessary. Thank you. <br />15. No further comment from WQCD to DMG is necessary. Thank you. <br />B.1. Summary of Rationale <br />Since transmitting our January 9, 1998 letter to WQCD, we have become awaze of <br />why language in the draft WQCD permit reflects both automatic and manual <br />discharges. In light of Colowyo's comments pertaining to this issue in [heir February <br />5, 19981etter, we wish to reiterate that all ten of Colowyo's ponds have manual <br />dischazge capability, all have emergency spillways designed to pass the 25-yeaz, 24- <br />hourevent without compromising the integrity of the ponds, and nine of the ten have <br />vertical riser pipes (automatic dewatering spillways). Colowyo has submitted a <br />technical revision to their DMG permit to revise some of their pond designs. <br />2. In our comments earlier in this memo (Item A.8.), we suggested that the WQCD <br />permit require each manual discharge to be sampled for compliance. We believe this <br />would support the first paragraph on page 10 of the Summary of Rationale that reads <br />"Any manual dewatering of ponds that are equipped with automatic dewatering <br />systems must meet TSS and total iron limitations". <br />As mentioned earlier, WQCD responded by status that it would evaluate our request. <br />We would appreciate being informed of WQCD's decision. <br />