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October 24, 2007 <br />Ms. Kelly Morgan <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division <br />4300 Cherry Creek Drive South <br />Denver, CO. 80246-1530 <br />RE: REQUEST FOR RELIEF FROM CDPS WATER QUALITY ALLOWANCE EXCEEDENCE <br />OF TOTAL SUSPENDED SOLIDS (TSS) AT OUTFACE 007A; COLOWYO COAL COMPANY <br />L.P. (COLOWYO); CDPS NO. CO-00045161 <br />Dear Ms. Morgan, <br />In response to our phone conversation on October 8, 2007 regarding the water quality allowance exceedence <br />at Outfall 007A, please accept this formal request for relief from Total Suspended Solids (TSS) <br />requirements regarding the sample taken on September, 25, 2007. As requested, reasonable justification for <br />waiving TSS limitations in this circumstance is provided in the following text. <br />Specific documentation relating to precipitation and laboratory analysis is provided to you in the attached <br />packet. Completed Quarterly Pond (Impoundment) Inspection Forms can be provided to you at your <br />request. These inspection reports are reviewed by CDRMS and included in Colowyo's Annual Hydrology <br />Report. <br />Permit Baclc~round: <br />This pond is eligible for relief from Primary TSS ]imitations based on the Alternate Limitations language <br />"Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period <br />less than or equal to the 10-year 24-hour precipitation event (or snowmelt of equivalent volume) may <br />comply with the following limitations subject to burden ofproof requirements described in Part LA.2). " <br />Part I.A.2: Alternate Limitation Burden of Proof Requirements <br />The permittee has the burden ofproof when seeking relieffrom total suspended solids (TSS), total or <br />total recoverable iron, and/or settleable solids (SS) limitations, as applicable. All Outfalls are eligible for <br />relief from TSS, or total recoverable iron, and SS; however, the majority of the loading from any discharge <br />has to consist of storm runoff for the relief to be available. The permittee will need to show that exceedence <br />of [he applicable limitations was caused by precipitation and not mine water, through a comparison of the <br />loading from each source. Relief may be granted for each discharge occurrence only when necessary and <br />shall not be granted when the permittee has control over the discharge. The permittee should endeavor to <br />meet the primary limitations whenever possible. <br />a) For rainfall to waive TSS and total iron limitations, it is necessary to prove that discharge occurred <br />within 48 hours after measurable precipitation has stopped In addition, to waive settleable solids <br />limitations, it is necessary to prove that discharge occurred within 48 hours after precipitation greater than <br />the 10-year, 24-hour event has stopped. <br />Colowyo Mine • 5731 Stale Highway 13 • Meeker, Colorado 81641 <br />T +1 970 S24 1500 • F +1 970 S24 1504 • www.nea.com <br />