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CORPORATE OFFICE PO Box 5057 Ashland, KY 41105 <606) 9283433 Fax (G06) 928-0450 November 24, 2004 Jeffery Coombe Water Quality Control Division 4300 Cherry Creek Drive, South Denver, CO 80222-1530 Re: Bowie Resources, LLC, Bowie No. 2 Mine CDPS No. CO-0044776 Delta County Dear Mr. Coombe: MINE OFFICE PO Box 1488 Paodia, CO 81428 (970) 5274135 Fax (970) 527-2234 Received Nov ~ a aaa~ Water C~uality Control Your letter Dated November 15, 2004, requested information regarding noncompliance with the referenced permit pursuant to the Colorado Water Quality Control Act. We take exception to half of the items listed in your letter. Three of the six listed noncompliant discharges are for total settleable solids. It is our understanding there is no limit for settlable solids for primary limitations. The alternative limitation for total settleable solids is applicable in the event of 10-year 24-hour storm event is which case the total settleable solids limit is in effect in lieu of the total suspended solids limit. The oil and grease problem was discussed with the two testing laboratories that perform our analysis. The high oil and grease values are all from one laboratory, Enviro-Chem which uses the Freon extraction technique. Grand Junction Laboratories uses the newer Hexane technique and has not detected any significant oil in grease in the water samples. Although we reported the Enviro-Chem results for oil and grease, we believe they are suspect. The following points respond to the specific information requested in your letter: The results of all analysis performed over the last fifteen (15) months for all discharging outtalls are enclosed. 2. I hereby certify that all permitted ouffalls that a not included with the results in Item 1 above did not discharge with one exception. Due to confusion caused by the laboratory we failed to report a third quarter discharge for outtall 003. I have enclosed both original copy as received from the lab and the corrected copy.