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MOUNTAIN COAL <br />(OMPANYL.L.C. <br />West Elk Mine <br />A Subsidiary of.Arch q%estem Resources, LLC P 0 Box 591 <br />5174 Highway 133 <br />Somerset. CO 81434 <br />(970) 929-5015 <br />Fax (970) 929-5593 <br />these two samples for July indicates exceedances of the 30-day averages for TSS, Fe-PD and Fe-TR. <br />The daily maximum limitation for TSS was also exceeded at Outfall 017A in the two samples collected <br />during the month of July 2008. The reasons for these exceedances were investigated and it appears that <br />insufficient residence time was provided in the polishing pond associated with Outfall 017A. This did <br />not allow the TSS to adequately settle. It is likely that the Fe-PD and Fe-TR were a component of the <br />TSS and would have similarly benefited from additional residence time in the polishing pond. <br />Corrective and preventive measures have consisted of discontinuing the discharge at Outfall 017A until <br />it is determined that the applicable discharge limitations can be achieved. We are investigating <br />potential remedies in the event of future discharges at Outfall 017A. <br />Whole effluent toxicity (WET) testing was not conducted during the third quarter of 2008. As <br />explained at the September 11, 2008 meeting, no samples were collected for WET testing prior to <br />ceasing the discharges at Outfall 017W on July 17, 2008. MCC requested a waiver from the WET <br />testing requirement at the above meeting for the third quarter of 2008 since no additional discharge was <br />anticipated during the third quarter. We appreciate the WQCD's decision to grant a waiver to MCC to <br />conduct the WET testing for the third quarter of 2008, which you confirmed with both an e-mail and <br />letter dated October 24, 2008 (see enclosed). <br />Should you have questions or need additional information concerning these DMRs, please contact me <br />at (970) 929-2223. <br />Sincerely, <br />Doug Nolte <br />Manager of ngineering and Enviromnental Affairs <br />Enclosures: NPDES Forms (DMRs) for Third Quarter of 2008; Letter from Ms. Kelly Morgan <br />regarding WET Testing dated October 24; 2008 <br />cc: P. Wyckoff <br />H. Barbe <br />T. Kaldenbach - CDRMS <br />Availability of Records File - NPDES