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iiiiiiiiiiiiiiiiiu <br />999 <br />STATE OF COLORADO <br />Roy Romer, Governor <br />Patti Shwayder, Executive Director <br />Dedicated to protecting and improving Urc health and environment olthe people olCokxado <br />4300 Cherryry Geek Dr. S. <br />Denver, Colorado 8022 Z-r 530 <br />Phone (303) 692-7000 <br />January 30, 1997 <br />Laboratory Building <br />4210 E. 11 [h Avenue <br />Deriver, Colorado 602 2 0.3 71 6 <br />(3031 691-4700 <br />Mr. Murari Shrestha <br />Bluc Mountain Energy, Inc. <br />405 Urban St., Ste. 305 <br />Lakewood, C0 80228 ~ ;~ '_' <br />Re: Status of Whole Eflluent Toxicity ("WET") Testing - <br />Blue Mountain Energy, Inc. -Deserado Mine <br />CDPS Peanit No. CO-0038024 <br />Rio Blanco County <br />Dear Mr. Shrestha: <br />~?Fl;FiiiEii <br />r t~ 0 41997 <br />'~~~ <br />ti6 ~ ~4 <br />~ ,8 <br />.- <br />• ~ a <br />w <br />~ ra'!6 ~ <br />Colorado Departrnent <br />of Public Hdth <br />and Environment <br />Per your telephone request, the WQCD is providing this letter to clarify issues surrounding WET at the <br />Deserado Mine. First, the WQCD would like to confirrrl that no "Assessment of Impairment to Aquatic <br />Life," proposed in a February 4, 1993, letter from then "Western Fuels-Utah, Inc." is required at this time. <br />One quarter after proposing the study, effluent from the Deserado Mine passed five wnsecutive quarters of <br />WET testing. Since then, some failures of routine quarterly WET testing have oceurted, but the effluent has <br />shown "no pattern of toxicity" during accelerated WET testing. Therefore, the study is currently not <br />required The cturent requirement is for Blue Mountain Energy to continue to conduct the monitoring <br />speci5ed in the permit, and follow the "automatic comphance schedule," when applicable. <br />You also inquired about a c.1992 analysis or study the WQCD requested EPA's Environmental Research <br />Laboratory in Dulutkti Minnesota, conduct. The WQCD has no record of receiving a report from the lab. 1 <br />contacted the lab and have not yet received a response. It is possible that the lab no longer has a record of <br />the study, if it was conducted. I will inform you as soon as I hear from them. <br />Please contact me at 692-3603, if you have any fwther questions. <br />Sincerely, <br />i:- , <br />Kathleen L. Sullivan <br />Industrial Enforcement Engineer <br />Permits and Enforcement Section <br />WATER QUALITY CONTROL DIVISION <br />cc: Dan Mathews, CDMG, 2148 Broadway, NC-5, Grand Junction, CO 81503 <br />Melanie Pallmen, USEPA (SENF-T) <br />Local Health Dcpartmcnl <br />MS-3 Filc <br />