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Colowyo Coal Company <br />573 State Highway 13 <br />Meeker, Co 81641 <br />July 5, 2011 <br />Ms. Kelly Morgan <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division <br />4300 Cherry Creek Drive South <br />Denver, CO 80222 -1530 <br />Dear Ms. Morgan, <br />RECEIVED <br />JUL 0 6 2011 <br />Division of Reclamation, <br />Mining and Safely <br />RE: Elevated Levels at Outfall 010A, Colowyo Coal Company L.P. (Colowyo) CDPS <br />Permit No. CO- 0045161. Request for Waiver of Primary Quality Standards and <br />Utilization of Alternate Criteria. <br />Per the message I left you on your phone on June 30, 2011, this letter is to inform you in <br />writing of elevated levels of Total Suspended Solids for the month of June 2011. Colowyo <br />Coal Company L.P. sampled Outfall 010A (East Taylor Pond) on June 9, 2011 and <br />laboratory results were received on June 16, 2011. The results of the analyses indicated <br />that Outfall 010A has elevated levels of Total Suspended Solids, with a result of 398 mg /L. <br />The samples were retested to ensure that the first results were correct. The rerun results <br />were received on June 21, 2011 and showed results that backed up the original results. <br />The development of spoil springs in the immediate vicinity of Outfall 010A has created <br />inflow to the pond. Colowyo did not receive any measurable precipitation within 48 hours <br />prior to sampling, however, due to spoil springs creating inflow to Outfall 010A, it has been <br />discharging constantly. Please see attached photos taken during June 2011 of the spoil <br />springs. <br />Colowyo believes that runoff of winter snowpack in the area and inflow from spoil springs is <br />elevating the levels of Total Suspended Solids in the outfall. Prior to Outfall 010A <br />discharging, Colowyo had scheduled the pond for dredging. Colowyo expects dredging to <br />begin in July of 2011. Colowyo expects the results of dredging to lower the levels of Total <br />Suspended Solids in future samples. Please see attached climatological data regarding <br />warm spring temperatures. <br />Colowyo's historical laboratory analysis data does not show a trend toward any type of <br />elevated levels at this outfall. The elevated levels Colowyo does experience are associated <br />with either a precipitation or runoff event. Colowyo does not believe that the elevated level <br />is related in any way to a lack of proper pond function as routine inspections of the pond <br />show that it is functioning as designed. Colowyo will continue to closely monitor this and all <br />other ouffalls for indications of proper impoundment function. <br />