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STATE OF COLC ~II IIIIIIIII DIVISION OF MINERALS AND GEOLOGY Dcpanmem of Natural Resources Lt I t Sherman St., Room 215 Denver, Colorado 80203 Phone: 11031 Hbb-3567 FAl UU41 Hf2-8106 January l2, 1998 ~~~~~ DEPARTMENT OF NATURAL RESOURCES Roy Rnmer Jon C. Kubic governor L,mes 5. Lochhead Colorado Department of Public Health and Environment E.ecmive Direanr WQCD-PE-B2 M¢hael H. Lnn~ Division Dircaor 4300 Cherry Creek Drive South Denver, CO 80222 Re: Comments on Draft Individual Industrial Permit, No. CO-0045161, Colowyo Coal Company, L.P., Colorado Division of Minerals and Geology Permit No. C-81-019 Dear Mr. Kubic: The Colorado Division of Minerals and Geology (DMG) has received copies of three documents pertaining to a proposed individual industrial permit for Colowyo Coal Company, L.P. These documents are: "Authorization to Discharge Under the Colorado Discharge Permit System, Colowyo Coal Company, L.P." (31 pages), "Colorado Discharge Permit System (CDPS), Summary of Rationale. Colowyo Coal Company, L.P., Colowyo Mine, CDPS Permit Number CO-0045161, Moffat County" (14 pages), and "Colowyo Coal Company, L.P., Permit No. CO-0045161, Comments on Draft CDPES Permit and Rationale" (Memorandum from Kimberley A. Wolf of Colowyo Coal Company to Jon C. Kubic of CDPHE, dated September 30, 1997, 8 pages). The Division provides the following comments: A. Draft CDPS Permit No. CO-0045161 Two sets of primary effluent limitations are proposed (Permit, pages 3 and 4). This is apparently to address the operator's proposed occasional discharges of vehicle wash water and/or water pumped from coal production pits ("Whole effluent toxicity testing requirements will apply to outfalls when pit pumping occurs or vehicle wash water is discharged ...", Rationale, page 4, second paragraph). The need for this is apparently because "the (Water Quality Control) Division has found that discharges of water in coal production pits that has had reasonable time to contact with the coal seam (and similar sources from coal mines a[ similar sites) may have effluent toxicity" (Rationale, page ll.second paragraph). The DMG wonders whether outfalls of sediment ponds which regularly receive surface water runoff from areas at which coal is stockpiled and/or loaded should be required to meet the same acute eftuent limitation as the outfalls through which pit pumpage is discharged.