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Attachment, Violation No.: CV-2004-002 This notice applies to the reporting of the monitoring of surface water dischazges from two outfalls permitted under the Colorado Discharge Permit System (CDPS) at the Colowyo Coal Mine, both for the 3'a Quarter of2004. A water monitoring sample was taken at Outfall OOIA on 08/10/04 by Colowyo Coal Company L.P. (Colowyo) and submitted to ACZ Laboratories, Ina (ACZ) for analysis. An ACZ Analytical Report was provided to Colowyo on 9/16/04 that indicated a level of 230 mg/L of Total Suspended Solids (TSS). The applicable CDPS daily maximum allowable parameter is 70 mg/L. The 230 mg/L was reported on the Discharge Monitoring Report (DMR) for the 3`a quarter of 2004 to the Colorado Department of Public Health and Environment (CDPHE) under a Colowyo cover letter dated October 20, 2004. The Division of Minerals and Geology (Division) received a copy of this letter, and attached DMR, on October 29, 2004. A water monitoring sample was taken at Outfall 007A on 07/22/04 by Colowyo and submitted to ACZ for analysis. An ACZ Analytical Report was provided to Colowyo on 8/9/04 that indicated a level of 114 mg/L of TSS and 3.0 mL/L/h of Settleable Solids (SS). The applicable CDPS daily maximum allowable parameter for TSS is 70 mg/L and for SS is 0.5 mL/L. The 114 mg/L of TSS and the 3.0 mL/L of SS was reported on the 3`a quarter of 2004 DMR under the cover letter dated October 20, 2004 (a copy received on October 29 at the Division). These values (230 mg/L TSS at Outfa11001 and 114 mg/L TSS and 3.0 mL/1 ofSS at Outfa11007A} were disclosed to the Division during a 25 October 2004 Division inspection at the Colowyo Coal Mine site. No notices of these reported exceedences were found upon return to the Denver offices of the Division from the Division on-site inspection. Thus Colowyo notified the Division of the reported 001 Outfall TSS exceedence 39 days (orally) and 43 days (written) after being so advised by ACZ; and notified the Division of the reported 007 Outfall TSS and SS exceedences 76 days (orally} and 80 days (written) after being so advised by ACZ. An order was received by ACZ from Colowyo to re-analyze the samples on October 26, 2004. The results of these re-analyses were provided to Colowyo on November 9, 2004. The sample taken at Outfall OOIA on 08/10/04 by Colowyo retested with a result of 66 mg/L TSS (from the previous result of 230 mg/L). The sample taken at Outfall 007A on 07/22/04 by Colowyo retested at a TSS result of 26 mg/L TSS (from the previous result of 114 mg/L}. These revised values are below the CDPS daily maximum allowable parameter of 70 mg/L for TSS. The Division requested clarification from ACZ on November 24 and 30, 2004 by telephone, and on December 1, 2004 by e-mail, concerning the re-analyses being conducted within EPA recommended holding times. ACZ transmitted to Colowyo, on December 1, 2004, revised reports indicating that the TSS analyses were reanalyzed past method holding times.