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Colowyo Coal Company <br />a 573 State Highway 13 <br />® Meeker, Co 81641 <br />z <br />® September 15, 2011 <br />RECEIVE <br />SEP 192011 <br />Division or 1 '< eciamation, <br />n and Safety <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 />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 />Dear Ms. Morgan, <br />Per the message I left you on your phone on September 9, 2011, this letter is to inform you <br />in writing of elevated levels of Total Suspended Solids for the month of August 2011. <br />Colowyo Coal Company L.P. sampled Outfall 010A (East Taylor Pond) on August 15, 2011 <br />and laboratory results were received on August 25, 2011. The results of the analysis <br />indicated that Outfall 010A has elevated levels of Total Suspended Solids, with a result of <br />36 mg /L. The samples were retested to ensure that the first results were correct. The <br />rerun showed results that backed up the original results. <br />Dredging of the pond began August 2, 2011 and was completed on August 24, 2011. Spoil <br />springs continued to provide inflow and the dredging operation agitated sediment in the <br />pond. During the initial portion of the dredging operation, Colowyo was able to contain the <br />water in the pond. <br />Colowyo also received measurable precipitation on August 14, 2011. Pursuant to Permit <br />Number: CO- 0045161, Section A.2. the permittee may seek relief from the TSS limitations <br />if the discharge occurred within 48 hours after measurable precipitation has stopped. <br />Please see the attached climatological data for additional information <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. Recent laboratory analysis indicate a downward <br />trend of Total Suspended Solids from June 2011 (398 mg /L), July 2011 (135mg /L), and <br />August 2011 (36 mg /L). Colowyo will continue to closely monitor this and all other outfalls <br />for indications of proper impoundment function. <br />Colowyo is respectfully requesting a waiver be granted for the elevated levels reported at <br />Outfall 010A based on the precipitation event of August 14, 2011, the agitiation of sediment <br />