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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />26 July 2010 <br />Ross Gubka, P.E. <br />Western Fuels — Colorado <br />P.O. Box 628 <br />Nucla, CO 81424 <br />Re: Suggested Updates of Discharge Permit and SWMP <br />Dear Mr. Gubka: <br />COLORADO <br />D 1 V IS ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />James B. Martin <br />Executive Director <br />Loretta E. Pifieda <br />Director <br />During my June inspection of the New Horizon Mine, I believe you indicated that the pit dewatering <br />operation, which was transferred from Pond 007 to Pond 011 in 2008, would be subsequently transferred <br />from Pond 011 to Pond 013 later this year. I reviewed the mine's discharge permit today, to ensure that <br />the proposed shift would be in compliance with the permit. It appears that the most recent application to <br />the CDPHE to renew Permit No. CO- 0000213 was submitted by WFC in August 2006. At the time, <br />Ponds 011 and 013 had not yet been constructed, and pit water was being directed to Pond 007. This <br />resulted in Pond 007 having a near- continuous discharge, which was reflected by the permit requirement <br />for quarterly WET monitoring of Pond 007 for Chronic lethality. All other ponds, because of their <br />sporadic discharges, appear to require only semi - annual monitoring for Acute lethality. The current <br />version of the discharge permit (found in Attachment 2.05.3(3) -18) was amended with an effective date <br />of December 1, 2007 and will expire March 31, 2012. This version was incorporated into the DRMS <br />permit with MR -74 in August 2008. <br />Has WFC applied with the CDPHE WQCD to amend the discharge permit to reflect current and <br />proposed modifications to the pit dewatering operation? It would seem logical that the quarterly <br />monitoring for Chronic lethality would apply to whatever pond is the recipient of pit water (thereby <br />having a near- continuous discharge), with Acute lethality being evaluated for all other (sporadic) <br />discharges. Please review Discharge Permit CO- 0000213 to evaluate its applicability to the current and <br />proposed operations at the New Horizon Mine. If the permit does not yet reflect the current operation, <br />nor the changes proposed with PR -06, the Division suggests that Western Fuels submit an application to <br />the WQCD to amend the discharge permit. We also offer an additional reminder: the Storm Water <br />Management Plan will need to be updated to reflect the sediment pond and topography changes <br />proposed with PR -06. <br />Sincerely, <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />cc: Sandy Brown, DRMS <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />