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During November and December of 2004, the Coal Program, in conjunction with WQCD, determined that four exceedances of water quality standazds had occurred during the summer of 2004. Two of these exceedances occurred from a July 2004 discharge at one of Colowyo's sediment ponds, and the other two exceedances occurred from an August 2004 dischazge at another Colowyo sediment pond. While the Coal Program was conducting this investigation, Colowyo asked its analytical laboratory to re-test its July and August 2004 water samples. The re- test results were submitted to the Coal Program in early December. While the results of the re- tested samples demonstrated regulatory compliance, the results were considered inapplicable, as the seven-day analytical holding time (the maximum amount of time allowed between sample collection and sample analysis) for the samples had been exceeded. On December 21, 2004, the Coal Program received a copy of a letter from WQCD to Colowyo stating that the four water quality pazameter exceedances were a violation of Colowyo's discharge permit, but that the WQCD would not be taking enforcement action at this time. Coal Program Enforcement Action Subject to Colowyo's Request for Vacation Section 4.05.1(3) of the Regulations of the Colorado Mined Land Reclamation Boazd for Coal Mining states, "In no case shall Federal and State water quality statutes, regulations, standazds, or effluent limitations be violated." Our MOU with WQCD, however, states that "DMG shall not issue NOVs for self-reported exceedances as submitted on WQCD Discharge Monitoring Report (DMR) forms". As these exceedances were self-reported, the Coal Program did not issue an NOV for violations of Rule 4.05.1(3), in accordance with our MOU. Section 4.05.13(2)(a) of the Board's Regulations, however, goes on to state that surface water monitoring "shall result in the person who conducts the surface or underground mining activities notifying the Division within 5 days after analytical results of the sample collections indicate that noncompliance with a permit condition of applicable standard has occurred." The Coal Program determined that this notification did not occur. Section 5.03.2(2)(a) of the Boazd's Regulations requires the Coal Program to issue a Notice of Violation when anon-cessation order violation is determined to have occurred; therefore, the Coal Program issued NOV CV-2004-006 on December 21, 2004 for "two incidents of failing to notify the Division within 5 days after receipt of analytical results of a monitored surface water dischazge that indicated noncompliance with a permit condition or applicable standard". Coal Program Comments on Colowyo's Request for Vacation Colowyo requests the Coal Program's NOV should be vacated for the following three reasons: (1) Impact to the environment and the administrative misdoings were negligible in magnitude; (2) The enforcement discrepancy in the handling of these incidents by DMG versus WQCD is significant and appeazs to be a lack of agency coordination while dealing with a dual regulatory circumstance; and