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'4 t1RY 22 '96 02:30PM COLOWYO CORL P.2i4 <br />5731 Stals Mlphwsy 17 <br />Medcer, Colorado 91841 <br />(870)a24.1572 <br />(970)8244459 FAX <br />James A. gear <br />Senior EnvlronmeMel Enpinesr <br />May 22, 1996 <br />Mr. Mike Long <br />Division Director <br />Colorado Division of Minerals and Geology <br />215 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />RE: Permit C-81-019, Colowyo Coat Company L.P. <br />NOV C-88-011, Additional Information and Request for NOV Vacation. <br />Dear Mr. Long: <br />The following Information is submitted both to provide the Division with addltlonal information <br />regarding Notice of Violation ("NOV") C-96-011 and also as a request for a vacation of the NOV. As <br />Colowyo believes the information Dearly shows that Issuance of the NOV 1) is improper given the <br />circumstances, 2) constitutes a second enforcement action for the same Issue previously addressed in <br />NOV C-96-006, and 3) Is procedurally flawed, Colowyo requests th<,t the NOV be vacated. <br />For the record, NOV C-96-011 was issued on May 7, 1998 and forwarded to Colowyo by Certified <br />Mail. Colowyo received the NOV at our Security office on Saturday. May 11, 1996. <br />1. The Headgate Leak Is An Uoset <br />On March 19, 1998, during the course of a routine monthly inspection, the Division observed a <br />small leak in the East Taylor Pond headgate. Tha East Taylor ?ond is a new pond, and was Just <br />constructed in late 1995. While the primary discharge device Nos closed, the Division Inspector <br />determined that the small leak (less than 1 gallon per minute), constituted a discharge and took a sample. <br />Colowyo later Investigated antl found the cause of the leak was settlement of the new pond walkway <br />structure which, in tum, caused a slight flexing of the Interface between where the headgate mating collar <br />attaches to the culvert pipe. The headgate leak should not be considered a discharge subject to the permit <br />limits, but should be considered an upset. As Colowyo's subsequent investigation indicated, the leak was <br />caused by an unforeseen aroumstance related to the newly constructed nature of the pond. Immediately <br />upon safe access to the headgate, Colowyo fixed the problem. For the Division to now contend that this <br />unforeseen circumstance was a discharge subject to the permit water quality standards is to ignore the <br />plain language in Colowyo's permit allowing for upset conditions. <br />