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Direct Dial: 303-390-0186 <br />rlsandquist@jacksonkelly.com <br />MEMORANDUM <br />TO: Andrew Neuhart, Water Quality Control Division <br />FROM: Ronda Sandquist, Jackson Kelly <br />CC: Jerry Nettleton, Twentymile Coal Company <br />DATE: September 12, 2008 <br />RE: General Permit Authorization for Groundwater Discharge <br />From Twentymile Coal Into Foidel Creek <br />We appreciate your assistance in facilitating the timely issuance of an authorization under <br />the General Permit for discharge of water from Twentymile Coal's underground mine water <br />storage reservoirs. Twentymile Coal has commenced discharging the groundwater in accordance <br />with that authorization into Foidel Creek. On September 10, 2008 I contacted you regarding <br />those discharges and to confirm with you that Twentymile Coal could continue to discharge <br />water into Foidel Creek. The General Permit authorization does not contain any efflucnt <br />limitations for sulfates or total dissolved solids, only reporting requirements. The water being <br />pumped and discharged by Twentymile Coal does contain sulfate and total dissolved solids. On <br />behalf of Twentymile Coal, we wanted to confirm that such discharges containing sulfates and <br />total dissolved solids were fully authorized by the General Permit authorization for this project. <br />Foidel Creek is tributary to Trout Creek, which is tributary to the Yampa River in the <br />Upper Colorado River Area. As you noted, from the discharge point on Foidel Creek to the <br />confluence with Trout Creek, it is approximately three to four miles. Lower Trout Creek is <br />classified as a drinking water supply. And, as you know, drinking water supplies have water <br />quality standards for sulfates and total dissolved solids. However, in evaluating the Division's <br />database, you noted that there are no actual water supply uses of Trout Creek, nor do any surface <br />diversions for water supply exist for the use of Trout Creek for drinking water supplies. In fact, <br />the closest water supply use is a groundwater source by Milner on the Yampa River, which is <br />near the confluence with Trout Creek. You confirmed that even if Twentymile Coal were <br />discharging the mine groundwater directly into Trout Creek, the Division would not impose any <br />sulfate or total dissolved solids standards in the discharge permit because there are no actual <br />drinking water supply uses on Trout Creek. And, no sulfate or total dissolved solids effluent <br />limitations are necessary or appropriate for Twentymile Coal's discharges of mine groundwater <br />into Foidel Creek.