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STATE OF COLORADO <br />Bill Owens, Governor <br />Dennis E. Ellis, Executive Director <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />4300 Cherry Creek Dr. S. <br />Denver, Colorado B0246.1530 <br />Phone (303) 692-2000 <br />TDD Line (303) 691-T700 <br />Located in Glendale, Colorado <br />http:tlwww.odphe.sMe.co.us <br />October 24, 2008 <br />Ms. Jill Cooper <br />Faegre & Benson <br />3200 Wells Fargo Center <br />1700 Lincoln St. <br />Denver, CO 80203 <br />Laboratory Services Division <br />8100 Lowry Blvd. <br />Denver, Colorado 80230-6928 <br />(303) 692-3090 <br />o <br />t <br />'r rays " <br />Colorado Department <br />of Public Health <br />and Environment <br />Subject: Mountain Coal Company, LLC West Elk Mine CDPS CO-0038776, 3rd Quarter 2008 Whole <br />Effluent Toxicity Failure to Monitor <br />Dear Ms. Cooper. <br />This letter serves as a follow up to the Whole Effluent Toxicity C'WET') failure to monitor at Mountain Coal <br />Company, LLC West Elk Mine ("Mountain Coal') in the third quarter of 2008 at Outfall 017W. On August 20, 2008, <br />Mountain Coal notified the Division that the discharge at Outfall 017W was shut off on July 17, 2008, before Mountain <br />Coal collected a WET sample for the third quarter 2008. Therefore, the Division-has decided to waive the permit <br />requirement for Mountain Coal to conduct WET at Outfall 017W for the third quarter of 2008. <br />Based on your October 10, 2008 letter regarding WET tests conducted at Mountain Coal from 2004 to 2008, it appears <br />that WET tests conducted in September 2008 of pond water associated with Outfall 017W'passed both the Daphnia <br />magna and Pimephales prometas. <br />While the. Division has decided to waive the permit requirement for Mountain Coal to conduct WET at Outfall 017W <br />for the third quarter of 2008, this waiver does not eliminate the WET failure to monitor violation. However, based on <br />the September 2008 WET monitoring results from the pond associated with Outfall 017W; the Division is willing to <br />resolve the violation upon review of the September 2008 WET lab data. Please submit the September 2008 WET lab <br />data to me at the Division no later than December 1, 2008. <br />Please note, Mountain Coal is obligated to perform quarterly WET at Outfall 017W tests in accordance with the terms <br />and conditions of the permit ifOutfall 017W discharges during any part of a quarter. The Division strongly suggests <br />that Mountain Coal conducts WET sampling immediately upon initiating discharge from Outfal1.017W. <br />If you have any questions regarding this, matter, please contact me at (303) 692-3634 or byieiectronic mail at <br />kelly.morgan@state.co.-us. <br />Sincerely, <br />kUpol_? <br />Kelly Morgan <br />Clean Water Compliance Assurance Unit <br />Compliance Assurance and Data Management Section <br />WATER QUALITY CONTROL DIVISION