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Laboratory reports for all sampling events are enclosed. All parameters were in <br />compliance for permit limitations except Total Suspended Solids (TSS). A chart <br />summarizing the TSS sample data is attached. The permit renewal issued in July of 2008 <br />deleted the provision for requesting a waiver of the TSS limitation for precipitation <br />events. The previous permit term contained these provisions and the TSS limitation <br />could have been waived resulting in no excedence. New Elk Coal Company requests <br />that the Division waive the TSS requirement for these precipitation event discharges that <br />resulted in an exceedance. <br />Discharge flows are directed through a V-notch weir and these flow rates were monitored <br />on an instantaneous basis during each sampling event. The permit renewal changed the <br />monitoring requirement to continuous monitoring using a recorder. At the time of <br />discharge a continuous recorder had not been installed on the monitoring flumes. NECC <br />requests a waiver of this requirement for this series of events. A request for a permanent <br />change in this monitoring requirement will also be submitted to CDPHE. <br />Please contact me if there are any questions or if additional information is required. <br />Sincerely, <br />Ronald G. Thompson <br />Agent for New Elk Coal Company, LLC <br />cc: Andrew Newham, CDPHE <br />Kent Gorham, DRMS