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January 21, 2008 <br />Mrs. Kelly Morgan <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division <br />4300 Cherry Creek Drive South <br />Denver, CO 80222-1530 <br />R~C'~~V~~ <br />.SAN 2 8 2008 <br />~.~c~amation, <br />U,~~~~~„ ~~ ~ d gafetY <br />~(-in~n9 an <br />RE: Exceedence at Outfall OOlA, Colowyo Coal Company L.P. (Colowyo) CDPS <br />Permit No. CO-0045161 <br />Dear Mrs. Morgan, <br />Per our phone conversation on November 29, 2007 this letter is to inform you in <br />writing of an exceedence of effluent standards on November 14, 2007. Colowyo Coal <br />Company L.P. sampled Outfal1001A (Streeter Pond) and laboratory analysis was <br />received on November 29, 2007. The results of the analysis indicated that Outfall <br />OOlA exceeded in Total Suspended Solids. <br />Pursuant to Permit Number: CO-0045161, Section A.2. the permitte may seek relief <br />from the TSS limitations if the discharge occurred within 48 hours after measurable <br />precipitation has stopped. Colowyo received 0.05 inches of total precipitation (rain <br />mixed with snow) on November 14, 2007. Temperatures on the day sampling was <br />performed reached highs of 36.2°F. This accumulated precipitation combined with <br />warm weather created arain/snow mixture that melted immediately upon settling on <br />the ground. It is Colowyo's firm belief that the discharge occurring on November 14, <br />2007 was a direct result of precipitation events (rain mixed with snow) and warm <br />temperatures creating snow melt and runoff. Additionally, please see the attached <br />climatological data for additional information. <br />Colowyo is respectfully requesting a waiver be granted for the exceedence reported at <br />Outfall OOlA. Colowyo thanks you in advance for your consideration on this matter. <br />