2008-07-30_HYDROLOGY - C1980007 ‎(2)‎

• Permit No: C1980007
• IBM Index Class Name: HYDROLOGY
• Doc Date: 7/30/2008
• Doc Name: Mountain Coal Self Audit Submittal ‎(E-mail)‎
• From: Jill Cooper
• To: Lynette Myers
• Permit Index Doc Type: Correspondence
• Email Name: TAK
• Media Type: D
• Archive: No

Ms. Lynette Myers
Colorado Department of Public Health and Environment
July 30, 2008
Page 4
inspections to DRMS on a quarterly basis, but did not submit annual reports to CDPHE.
MCC will submit the annual storm water report for 2007 within 60 days of the date of
this letter.
9. Percent Removal Efficiency Calculations: MCC believes that CDPHE approved a
variance from the permit requirement in CDPS Permit No. CO-0038776, Part I.A. l .edii,
which required MCC to demonstrate a minimum of eighty-five percent (85%) removal of
BOD5 and TSS at Outfall 007A on a monthly basis. At this time, MCC cannot locate the
CDPHE approval letter for the variance. MCC respectfully requests CDPHE to review
its files to determine if the letter can be located.
Measures Taken to Prevent Reoccurrence
To prevent reoccurrence of the above identified deficiencies, Arch Coal is developing and
beginning to implement a Compliance Management System ("CMS") for its operations. At the
West Elk Mine this will include: periodic audits; implementation of best practice guidance;
training of staff on the monitoring and reporting requirements associated with the CDPS permit
and completion of DMRs; yearly reviews of the MCP; and submittal of annual storm water
reports. The periodic audits, implementation of best practices, training, annual review of MCP,
and annual submittal of storm water reports have already begun to occur. The DMRs will be
amended and provided to CDPHE within 60 days of the date of this letter.
Discussion of Public Health and Environmental Imuacts
MCC believes that the identified deficiencies have not created an imminent and substantial
endangerment or resulted in serious harm to public health or the environment. The identified
deficiencies in Paragraphs 1, 4, 5, 6, 7, 8 and 9 involved record keeping and reporting issues and
did not result in environmental impacts, thus have not created an imminent and substantial
endangerment or resulted in serious harm to the public health or environment.
Regarding the identified deficiencies in Paragraph 2 involving potentially dissolved iron, in 2006
a new segment of the stream was created (North Fork of Gunnison Segment 6a) without a
drinking water supply classification. CDPS Permit No. CO-0038776 was not modified to
remove the potentially dissolved iron chronic standard for the affected outfall (Outfall 017A)
after Segment 6a was created. Even though the permit was not modified to remove the
potentially dissolved iron standard, the reported exceedances did not create an imminent and
substantial endangerment or result in serious harm to the public health or environment, since
Segment 6a does not have a drinking water supply classification and has not been used as a
drinking water supply. Regardless, MCC discontinued discharging at Outfall 017A after
confirming the existence of this deficiency on July 17, 2008.
Concerning Paragraphs 2 and 3, there were two exceedances of the chronic standard for total
recoverable iron since the effective date of the standard on January 1, 2007. These exceedances
of the chronic standard did not create an imminent and substantial endangerment or result in