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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />Interoffice MEMORANDUM <br />to: DMR file, C-1981-019 <br />from: Byron G. Walker <br />cc: Dan Hernandez (e-mail) <br />subject: Review of 3rd Quarter 2004 DMR CO-00045161 <br />date: December 21, 2004 <br />COLORADO <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />0.EClAMATION•MINING <br />SAfETY•SC IENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />ref: Colowyo letter to CDPHE, October 20, 2004, Re: Colowyo Coal Company, L.P. <br />(Colowyo); CDPS NO. CO-00045161; Third Quarter 2004 Discharge Monitoring <br />Reports (DMR), and Colowyo letter to CDPHE, November 5, 2004, Re: Colowyo <br />Coal Company, L.P. (Colowyo); CDPS NO. CO-00045161; Revised Third <br />Quarter 2004 Discharge Monitoring Reports (DMR) <br />Discharge from Outfal1001 A (Streeter Pond) and Outfa11007A (Prospect Pond) was reported as <br />having discharged. Compliance with rules: <br />4.05.1(3) In no case shall Federal and State water quality statutes, regulations, standards, or <br />effluent limitations be violated. <br />An exceedence in Total Suspended Solids (TSS) was reported to the Colorado Department of <br />Health and Environment (CDPHE) at Outfall 001. Exceedences in TSS and in settable solids <br />(SS) were reported to CDPHE at Outfall 007A. <br />4.05.13(2)(a)(ii) Result in the person who conducts the surface or underground mining activities <br />notifying the Division within 5 days after analytical results of the sample collections indicate that <br />noncompliance with a permit condition or applicable standard has occurred. Where a National <br />Pollutant Discharge Elimination System (NPDES) permit effluent limitation noncompliance has <br />occurred, the person who conducts surface or underground mining activities shall forward the <br />analytic results concurrently with the written nolice of noncompliance; and <br />The Division of Minerals and Geology (Division) did not receive notification with the 5-day time <br />frame. <br />4.05.13(2)(a)(iii) See the Rules for the text of this rule. <br />The Division did not receive notification of exceedences as required by this rule. Colowyo <br />received the analytical reports of the exceedence at Outfal1001 on September 18, 2004 and of the <br />exceedences at Outfall 007 on August 9, 2004. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />