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Kimberley A. Wolf. Draft Permi[ Comments Colowyo Coal Co - Colowyo Coal Mine. CDPS CO-0045161 Page 3. 3. Your suggestion will be incorporated as additional language [o the referenced permit section and addressed as applicable to intermittent discharges. The "boiler plate" language will be left unchanged to apply to continuous discharges should they occur. If no continuous discharges occur from the facility, this language simply would not apply. Please be aware that it is the Division's intention that the permit language be somewhat general since it cannot be presumed to fit every situation. When a failure occurs, a permittee is expected to work with the Division Industrial Compliance Assurance Officer to work out a reasonable schedule based on site specific conditions. 4. The suggested defmitions will be added to Part I.C. Additional language will be included to indicate that the permittee may collect additional samples at their option. 4. (second 4.)This section is "boiler plate", is advisory only and can stand as written. It is simply intended to alert permittees that other limitations apply co areas that meet the "post-mining area" defutition. You should be aware that limitations and/or other permit conditions may be based on regulations other than 40 CFR 434, if appropriate. FEBRUARY 9. 1998 CORRESPONDEN Response to Letter dated 1/12/98 from CDMG to WOC This letter expresses concern related to the status of CDMG's comments because they were submitted after the close of the extended public comment period for the Colowyo individual permit. We have had discussions since you wrote this letter so you should be aware that we are considering CDMG's comments. The Division is not compelled to consider comments received after the public comment period ends. However, it is usually in the best interest of the permittee and the Division to consider relevant comments. One important reason is that anyone may demand an adjudicatory hearing on an issued permit. To avoid this, the Division makes every reasonable attempt to consider pertinent comments and try to reach an understanding with the commenter prior to issuance of the permit. Of course, this is not always possible. We consider the CDMG to be a very knowledgeable source of information about coal mining facilities regulated by CDPS permits and respect their input. Further, in this instance we had been in telephone communication with Dan Hernandez at CDMG during the period that you had requested and been granted an extension for submitting comments. He asked, since there would be a delay while we waited for your comments; would the WQCD allow the CDMG to submit late comments also. I considered this request to be reasonable and therefore, agreed to the request. We do not believe this to be unfair to Colowyo. I assume that you are aware that CDMG, under their regulations, is responsible for assessing a facility's compliance with CDPS requirements. This makes it important that CDMG is involved in the process of issuance of the CDPS permit, whenever possible, so that they are very familiar with the permit requiremenu. Obviously, the WQCD retains authority for the Final composition of the permit. General Comments 1. Current Pond Design and Operation: This section of your letter details conditions that will very soon cease to exist with the pond modifications. Therefore, the comments are no longer relevant. 2. Future Anticipated Pond Design and Operation: This comment discusses Technical Revision (TR) 41 that relates to the modification of Colowyo's ponds from "containment" mode to "treatment" mode.