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``\ <br />~4+k <br />coax <br />COMPANY LP. <br />An affiliate o1 Kennecott Energy <br />and Coal Company <br />5731 State Highway 73 <br />Meeker, Cotorodo 81641 <br />(303) 824-4451 <br />(303) 824-0459 FAX <br />January 22, 1996 <br />Colorado Department of Health <br />Water Quality Control Division <br />Kathleen Sullivan <br />WQCD-PE-B2 <br />4300 Cherry Creek Dr. South <br />Denver, CO 80222-1530 <br />RE: COLOWYO COAL COMPANY L.P. FOURTH QUARTER 1995 DISCHARGE <br />MONITORING REPORT FOR PERMIT NO. COG850017 ' <br />Dear Ms Sullivan, <br />Colowyo Coal Company L.P. (Colowyo) is submitting the Fourth Quarter 1995 <br />Dischazge Monitoring Report (DMR) to the Colorado Department of Health, Water Quality <br />Control Division (WQCD). Outfalls 001 A and 002A were discharged to their respective <br />receiving surface waters. Analytical analysis of each dischazge was performed by ACZ <br />Laboratories, Inc. of Steamboat Springs, Colorado. <br />The total suspended solids for Outfa11001A exceeded the 30 day daily average and the <br />daily maximum. Initial notification of an Upset was provided to the WQCD in correspondence <br />dated January 9, 1996. Subsequently, the WQCD requested Colowyo consider the Notice of <br />Upset to be a Notice of Violation pursuant to permit COG-85000, Part II, A.3. Colowyo is <br />offering the following information in accordance with the above-mentioned permit: <br />The head gate at Outfa11001A was opened to increase the freeboard level prior to spring <br />thaws. The cause of the non-compliance is believed to be analytical error or a sampling <br />error. <br />Outfa11001 A was discharged on November 29 through December 5, 1995. <br />Colowyo believes future discharges will be in compliance with the 70 mgll daily <br />maximum limits for TSS based on additional sampling of the dischazge performed on <br />January 10, 1996. <br />