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.. , Mountain Coal Company West Elk Mlne Post Office Bmt 597 saw colorrao 87a3a Telephone 3039795075 Fmc 303 9795595 RF_CEIVED NOV 2 5 1996 Division ci 6vnCi zis a ueuiogy November 20, 1996 Ms. I{atheen Sullivan, Industrial Enforcement Engineer Permits and Enforcement Section Colorado Department of Public Health and Env'vonment Water Quality Control Division (WQCD) 4300 Cherry Creek Drive South Denver, CO 80222-1530 ~II II~~I~II~~~~~ ~I~ ~` `~ Re: Mountain Coal Company, West Elk Mine, CDPS Permit No. CO-0038776, Reported Violation Response Dear Ms. Sullivan: Referring to the Water Quality Control Division's letter dated November 8, 1996, Mountain Coal Company (MCC) is responding to the self-monitoring data that indicated a violation of the discharge permit conditions for Discharge Point 004 for sediment pond MB-2R Please be reminded that the only reason for the excursion was that a]1 monitoring data was provided in the Discharge Monitoring Reports (DMRs), including data obtained during the upset condition that occurred April 11 - 17, 1996. Had the averages for the 2nd Quarter excluded the upset condition values at Discharge Point 004 the results would have shown compliance with all permit conditions. Attached to the (DMRs) was additional information that described in detail the events surrounding the upset condition. This information was also contained in a letter dated April 18, 1996, from MCC to the Division documenting the upset condition. To reiterate, MCC also conducted concurrent WET testing utilizing both Ceriodaphnia dubia and Daphnia magna that showed no toxicity. Upstream and downstream water samples from the North Fork of the Gunnison River showed that there was no effect from the discharges, even during the upset conditions. MCC will continue to take the necessary steps to maintain compliance with the permit conditions.