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August 21, 2001 <br />Mr. Christopher Gates <br />Environmental Protection Specialist <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division -Permits and Enforcement <br />4300 Cheiry Creek Drive South <br />Denver, Colorado 80222-1530 <br />Subject: Permit No. CO-0027154, Eckman Park Miue, Third Quarter Chronic <br />WET Test Failure, Outfall 001 (Pond A). <br />Deaz Chris: <br />The following letter is to provide CDPHE with formal notification of third quarter WET <br />tests results for Outfall 001 (Pond A). Tests indicated that the effluent was chronically <br />toxic to the reproduction of Ceriodaphnia dubia, as well as to the growth and survival of <br />fathead minnows. Although the effluent was not chronically toxic to the survival of C. <br />dubia, Outfall 001 is still technically out of compliance with its NPDES Permit for the <br />third quarter of 2001. <br />CDPHE is in the process of reviewing our request to discontinue chronic WET testing for <br />C. dubia and fathead minnows and substitute quarterly acute WET testing for Daph~:ia <br />magna only. The rationale for this request is that toxicity in prior WET testing is <br />associated with elevated TDS concentrations on site. Thus, the use of the more salt- <br />tolerant D. magna appears more appropriate. As discussed in our telephone conversation <br />of today, based upon CDHPE's positive response to our request during eazlier meetings, <br />CDHPE will not require Colorado Yampa Coal Company (CYCC) to initiate either <br />accelerated or PTI/T'IE testing as a result of this WET test failure. <br />CYCC appreciates your assistance in this matter. If there are questions or comments, <br />please contact me directly at (970) 870-2750. <br />Sincerely, <br />Brian A. Watterson, R.G. <br />Environmental Geologist <br />