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4 <br /> <br />Colowyo Coai Company L. P. III IIIIIIII <br />ggg IIIII III <br />5711 Sate Highway 13 /~ Kennecott <br />Meeker, Colorado 91511 <br />1970 921-1511 ~ <br />E <br /> <br />(970) 821-1598 FAx . <br />nergy <br />Kimberley A. Wolf CQjQQhIQ CQQ~CQIRIIQQL ~,P v~ <br />~~JJ ,„,77 JJ <br />En~iranmenul Engineer <br /> RECEIVED <br />May 10, 1999 <br />MAY 11 X999 <br />Ms. Carla Lenkey <br />Colorado Department of Public Health and Environment ~ivisionofMineralsBGeology <br />Water Quality Control Division <br />4300 Cherry Creek Drive S. <br />Denver. CO. 80222-1530 <br />RE: COLOWYO COAL COMPANY L.P. (COLOWYO); P~ 1DUSTRIAL DISCHARGE <br />PERIVIIT NO. CO-0045161 <br />NOTIFICATION PURSUANT TO PART II. A. 4. B. FOR iVIAY 4, 1999 <br />DISCHARGE FROM OUTFACE 010 B <br />Oral notification was made to the following individuals and associated agencies at <br />approximately 2:30 p.m. on May 4, 1999, regarding the occurrence of an upset condition <br />and/or unanticipated bypass resulting in an unplanned discharge from the treatment cell and <br />associated Outfall OIOB to East Taylor Pond, Outfall OlOA. Pursuant to Part II,A.4 of Permit <br />No. CO-0045161, the oral notification was within twenty-four hours of recogttition of the <br />circumstances at the Colowyo mine on May 4, 1999: <br />Carla Lenkey Water Quality Control Division <br />Byron Walker Colorado Division of Minerals and Geology <br />This report serves as the required five day written notification of an upset and/or unanticipated <br />bypass which caused an exceedance as required in Part II, A.4. b. of the above mentioned <br />Industrial Discharge Permit. <br />Sometime between 4:00 a.m. and 6;30 a.m. in the morning of May 4, 1999, a breach occurred <br />on the embankment of the treatment cell, (Outfall OIOB) causing an unanticipated discharge of <br />water from that pond to the East Taylor Pond. Repair of the beach started immediately. The <br />residue of the discharge from the underlying ground of the treatment cell was observed to <br />diminish the next day and cease by approximately 4:00 p.m. May 6, 1999. Because the <br />discharge was sudden and unanticipated, the effluent had not been sampled prior to discharge. <br />Given the surrounding circumstances of this event, Colowyo Coal Company L.P. believes that <br />it meets the conditions applicable for an "upset" condition (pursuant to Part II,A.7) and/or an <br />unanticipated bypass (pursuant to Part II,A.13), and [hat such circumstances represent an <br />affirmative defense to any potential alleged violation of permit limits as a result of the <br />unanticipated discharge. <br />