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iiiiiiiiuiiiiiiiii <br />STATE OF COLUI~U <br />Foy Romer, Governor <br />Patti Shwayder, Enecunve Director <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />4300 Cherry' Creek Dr. S. <br />Denver, Colorado 80222-1530 <br />Phone (303) 6922000 <br />January l4, 1997 <br />Ms. Kathleen Welt <br />Mountain Coal Company <br />P.O. Box 59l <br />Laboratory Building <br />4210 (. 11th Avenue <br />Denver, Colorado 007 2 0-371 6 <br />(3031691-a7oo <br /> <br />JAN 16 1997 <br />Somerset, CO 81434 u~~~:,.,,~.,,...,,~r:,>~,,:~rn;ogy <br />Re: Your Letter dated January 10, 1997, "Request for Letter of Concurrence" <br />Mountain Coal Company -West Elk Mine <br />CDPS Permit No. CO-0038776; Gunnison County, Colorado <br />Dear Ms. Welt: <br />OF e~(p <br />~~ <br />tip' <br />~~ :g <br />• . <br />~ rB'!6 ~` <br />Colorado Department <br />of Public Health <br />and Environment <br />The WQCD received the above-referenced letter, via facsimile, on Friday, January 10, 1997. In the letter, you <br />requested "a letter of concurrence" from the WQCD to support Bumping water from "a fault area in the B East <br />Mains of [he West Elk Mine" "within other areas of the mine for treatment and discharge or `permanent' storage." <br />[t is the W QCll's position that any discharges must comply with the terms and conditions delineated by MCC's <br />CDPS pemtit. MCC is required to take whatever measures are legal and necessary to, at a mininttun, meet permit <br />conditions. The technical option to achieve this end resides with the permittee. However, if any measures result <br />in a "Change in Discharge," as defined in Part iLA.I of the permit, MCC must notify the WQCD of such change <br />and obtain permit modification, if necessary, prior to implementation. <br />MCC's proposed stunping activity could potentially have ground water or other hydrological impacts. Ground <br />water regulation implementation at West Elk Mine and any potential hydrological impacts from MCC's activities <br />are the Colorado Division of Minerals and Geology's jurisdiction. The WQCD defers to them on these matters. <br />I apologize for any misunderstanding as to the WQCD's position on treatment selection. The WQCD wishes you <br />success in resolving these issues. If you have any questions, please contact me at (303)692-3603. <br />Sincerely, <br />i <br />~ : ~ ~ i~~J` ~-ma'r'-~-~ <br />Kathleen L. Sullivan <br />Industrial Enforcement Engineer <br />Pemlits and Enforcement Section <br />WATER QUALITY CONTROL DIVISION <br />ec' Gene E. DiClaudio/Henry Barbe, Mountain Coal Company <br />Mclanic Pallman,(RiINF-T), Technical Enforcement Program, Environmental Protection Agency <br />Dwain Watson, D.E., Field Support Section, WQCD <br />David Berry/Mike Boulay, CDMG <br />Local Hcalth Dcpanment <br />MS-3 File <br />