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STATE OF COLORADO <br />Bill Ritter, Jr., Governor <br />?p4 0?0 <br />Martha E. Rudolph, 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 80246-1530 <br />Phone(303)692-2000 <br />TDD Line (303) 691-7700 <br />Located in Glendale, Colorado <br />http://www.cdpho.state.co.us <br />October 22, 2010 <br />Jason Davis, Mine Mgr <br />Twentymile Coal LLC <br />29515 County Road 27 <br />Oak Creek, CO 80467 <br />Laboratory Services Division <br />8100 Lowry Blvd. <br />Denver, Colorado 60230-6928 <br />(303) 692-3090 <br />RE: Certification, Colorado Discharge Permit System - Construction Dewatering Operations <br />Permit Number COG070000 Certification Number: COG073534 <br />Dear Mr/Ms Davis; <br />tS <br />N <br />t r <br />1846 <br />Colorado Department <br />of Public Health <br />and Environment <br />Enclosed please find a copy of the permit certification, which was issued under the Colorado Water Quality Control Act. <br />Please read the enclosed permit and certification. <br />The Water Quality Control Division (the Division) has reviewed the application submitted for the Foidel Creek Mine facility and <br />determined that it qualifies for coverage under the CDPS General Permit for Construction Dewatering Operations (the permit). <br />• Basis for Certification Site Specific Parameters <br />The discharge is to Foidel Creek within segment 13b of the Yampa River Sub-basin, Upper Colorado River Basin, found in <br />the Classifications and Numeric Standards for the Upper Colorado River Basin (Regulation No. 33). Segment 13b is <br />Reviewable, and is classified for the following beneficial uses: Aquatic Life, Class 1 Cold; Recreation Class E; and <br />Agriculture. <br />General Information <br />• Permit Action Fees: The Annual Fee for this certification is $500 [category 7, subcat 2 - Construction Dewatering per CRS 25- <br />8-5021 is invoiced every July. Do Not Pay This Now. The initial invoice will be prorated and sent to the legal contact shortly. <br />• Changes to the Certification: Any changes that need to be made to the certification page -- changes in outfalls, monitoring <br />requirements, etc., must be submitted using the "Permit and Certification Modification form" available on our website: <br />coloradowateryermits.com, and signed by the legal contact. <br />• Discharge Monitoring Reports (DMRs): DMRs will be mailed out within the next month. Reports must be submitted monthly <br />as long as the certification is in effect. The permittee shall provide the Division with any additional monitoring data on the <br />permitted discharge collected for entities other than the Division. This will be supplied to the Division within 48 hours of <br />the receipt of the data by the permittee. If forms have not been received, please contact the Division at 303-692-3517. <br />• Sampling Requirements: Sampling shall occur at a point after treatment, or after the implementation of any Best <br />Management Practices (BMPs). If BMPs or treatment are not implemented, sampling shall occur where the discharge <br />leaves control of the permittee, and prior to entering the receiving stream or prior to discharge to land. Samples must be <br />representative of what is entering the receiving stream. A minimum of one sample must be collected for discharges lasting <br />less than one week. <br />• Termination requirements: This certification to discharge is effective long term, even though construction and dewatering <br />discharge are only expected to be temporary. For termination of permit coverage, the permittee must initiate this by <br />sending the "CDPS Permits and Authorization Termination Form." This form is also available on our web site and must be <br />signed by the legal contact. <br />• Groundwater Contamination: If groundwater contamination is encountered, then the permittee is to contact the Division, <br />the permit writer, cease all discharges, and if appropriate, contact the owner of the collection system receiving the