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RECEIVED <br />Bear Coal Company, Inc. ~~~ ~©2001 <br />Bear No. 3 Mine Urvision oT Minerals and Geology <br />17036 Opal Hill Drive <br />Denver, Colorado 80134 <br />Certified Mail No. 7001 1940 0002 8447 2764 <br />June 24, 2002 <br />Mr. Joseph Dudash <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: Bear Coal Company, Inc. <br />Bear No. 3 Mine <br />CDPS Permit No. CO-0044377 <br />Discharge Monitoring Reports For 2nd Quarter of 2002 <br />Deaz Mr. Dudash: <br />Find enclosed Discharge Monitoring Reports for the 2"d Quarter of 2002 <br />as required. You will note that Beaz Coal has failed on the required WET Test. Upon <br />notification of this failure, Beaz Coal Company arranged with CT&E Laboratories to <br />perform the required Accelerated WET Testing. The Accelerated Testing was performed <br />and results indicated that the effluent was acutely toxic to Ceriodaphnia dubia. It was <br />then concluded that a "pattern of toxicity" existed. Upon receiving notification, Beaz <br />Coal Company proceeded with a Preliminary Toxicity Identification (PTI) but has not <br />yet received any results. However, based on a previous PTI conducted in January of <br />2000, Bear Coal Company strongly believes, {and based on CT&E results), that the <br />toxicity is due to the total dissolved solids. Furthermore, Bear Coal Company has <br />conducted WET Tests using the Ceriodaphnia magna and has had a 100 percent survival <br />rate. <br />Based on this information, Bear Coal Company is requesting the <br />Department of Health to change from the Ceriodaphnia dubia to the Ceriodaphnia <br />magna as part of the WET Testing procedure. <br />Your cooperation in reviewing and approving this change is greatly appreciated. <br />Sin ely; <br />Fty_ aniel .Bear <br />Mine Manager <br />