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J. E. STOVER & ASSOCIATES, INC. <br />2768 COMPASS DRIVE, SUITE 101 <br />GRAND JUNCTION, COLORADO 81506 <br />PHONE: (970) 245-4101, FAX 242-7908 <br />MINE ENGINEERING <br />MINE RECLAMATION <br /> <br />July 8, 2008 <br />Andrew Newhart <br />Water Quality Control Division <br />WQCD-PE-B2 <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80246-1530 <br />G % <br />JUL 10 X000 <br />R?Imat?on. <br />pjv009 and Safeh? <br />Re: Bear Coal Company <br />CDPS Permit No. CO-0044377 <br />Request for Permit Modification <br />Gunnison County <br />Dear Mr. Newhart: <br />CIVIL ENGINEERING <br />CONST. MANAGEMENT <br />On September 7, 2006 a meeting was held in your offices to discuss the <br />discharge at the Bear No. 3 Mine. Attendees were you, Sandy Brown & Joe <br />Dudash (DRMS) and Jim Stover. We had an exhaustive discussion about the <br />seepage water and whether it was mine water or spring water. After the meeting, <br />Bear Coal Company (Bear) reinitiated monitoring of the seepage water. <br />The monitoring has shown the seepage water is non-toxic and good quality water <br />that does not have to be treated before it is discharged into the river. WET tests <br />on the pond discharge from the third quarter of 2006 through the second quarter <br />of 2008 have passed. WET tests were performed on the water from the hillside <br />beginning the fourth quarter of 2007 through the second quarter of 2008. The <br />three WET tests on the "hillside water' passed. Beginning in September 2007, <br />the water emitting from the hillside was tested along with the water discharged <br />from the pond. The enclosed table presents a comparison of the pond outflow <br />and hillside water. <br />Bear hereby request full or partial relief from liability for the seepage water in the <br />following order of preference. <br />1. Release the seepage water from the permit based on its good quality. <br />2. Amend the permit to waive WET testing on the seepage water and require <br />only monthly field and laboratory analysis of the water. <br />3. Allow the seepage water to be discharged directly to the river.