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., <br /> <br />Roy Romer, Governor <br />Patti Shwryder, Executive Director <br />Dedicated to protecting and improving the health and environment olthe people olCobrado <br />4300 Cherry Creek Dr. S. Laboramry and Radiation Services Division <br />Denier, Colorado 80246-1530 8100 Lowry BNd. <br />Phone 13031692-2000 ~Derrver CO 80220-6928 <br />Located in Glendale, Colorado (3031692-7090 <br />http://www.cdphesrate.m.us <br />January 16, 1998 <br />Michael G. Altavilla, P.E. <br />Seneca Coal Company <br />P.O. Drawer D <br />Hayden, Colorado 81639 <br />RE: Reported Upset Condition, Outfall 006 <br />CDPS Permit No. CO-0000221, Routt County <br />Dear Mr. Altavilla, <br />STATE OF COLORADO <br /> <br />~ ~~. <br />.r~ <br />ColOndo Department <br />of Public Health <br />and Fnvitvtutxnt <br />RECEIVED <br />FEB 02 1998 <br />Division of Minerals 8 Geobgy <br />This letter is in response to your letter dated December 29, 1997 in which you provided additional <br />information regarding the reported noncompliance of effluent limits due to a rain event that occurred <br />from September 18 - 23, 1997. After reviewing your letter and our telephone conversation on <br />January 9, 1998, we believe that Seneca Coal Company qualifies for the storm water exemption. <br />Your letter provided a precipitation log from September 18-26, 1997. Recorded rainfall from <br />September 18 through September 19, 1997 showed an accumulation of 1.80 inches qualifying the <br />stone as greater than a 10-year/24hour event, therefore, waiving you from Total Suspended Solids <br />and Total Iron limitations. The self-monitoring data on your third quarter Discharge Monitoring <br />Report that qualifies for the storm water exemption is shown below: <br />Date Sampled Parameter <br />3097 DMR TSS (mg/I) <br />3Q97 DMR TSS (mg/I) <br />3097 DMR Iron, Total (mg/I) <br />3097 DMR Iron, Total (mg/I) <br />Seneca Results <br />1399 (30 day avg) <br />5500 (daily nix) <br />25.99(30 day avg) <br />102 (daily nix) <br />Permit Conditions <br />35 (30 day avg) <br />70 (daily nix) <br />3.0 (30 day avg) <br />6.0 (daily nix) <br />In addition, Seneca Coal Company requested the Division reconsider the violations that occurred <br />on October 29, 1997 as an upset condition. A determination that an upset condition caused the <br />violations, would only be an affirmative defense in any enforcement action brought for these <br />violations. At this time, we have not made a final decision whether we will pursue a formal <br />enforcement action. Therefore, it is not in our best interest to render a decision on this issue. <br />