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III IIIIIIIIIIIIIIII STATE OF COLORADO Roy Romer, Governor Patti Shwayder, Acting Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. 5. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue Phone (303) G92-2000 Denver, Colorado 802 2 0-3 71 6 17031 G91 4700 Water Quality Control Division wQCD-PE-B2 (303)+692-3500 FAX (303)+782-0390 January 24, 1995 Brian Gontarek Environmental Engineer The Pittshurg & Midway Coal Mining Cu. 6400 So. Fiddler's Green Circle Englewood, CO 801 I I-4991 ~\~~~ c~FG A ~~95 LPN ~ Geo~o9y o` 1J\\~eta~S~' J\~~g~. RE: December 7, 1994, ModifiWtiuns to the Edna Mine CDPS Permit Pittsburg & Midway Coal Mining -Edna M11ine CDPS No. CO-0032638 Routt County Dear Brian: pF' 00~ ti~ *~ r „~% \~ g . ~ . ~ r8'!6 ~ Colorado Department of Public Health and Environment The four proposals outlined in your letter are in line with what we have agreed nr during our discussions. Before we will consider modifying the permit, we request that you elaborate on your proposals. l) We need to he able to review the data on which you based your statement that the ratio of discharge to streamflow should he 1:10. Please submit a copy to us. if the data is voluminous, a summazy may be adequate. 2) We understand that you have not pinpointed the most suitable location for a stream gaging station; however, we request that you submit a map showing the general area in which you assume the station should he. Please show any diversions of water into and out of the stream in the vicinity, especially between the discharge point and the gaging station. If possible, make the map 8X X I I, so that it could he used in the permit when all issues are resolved. 3) Also show on the map where you believe that outfall 006 should he relocated. Indicate where the irrigation diversion would he. Detail sketches might he appropriate for some of this. One potential stumbling block involved with using this water to irrigate a hay field is that we do not have primary authority. Sections 6.15.1(t)(b) and 6.15.2 of the Regulations for Effluent Limitations (10.1.0) state that the Colorado Division of Minerals and Geology (CDMG) has precedence for regulation of discharges to groundwater from a coal mining site. This means that they can impose reyuirements appropriate from their perspective. Our regulations further state that if CDMG takes no action or action that the WQCD deems to he inadequate, we can impose requirements that we find to be necessary to protect the groundwater.