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Colowyo Co Company <br />573 State Highway 13 <br />Meeker, Co 81649 <br />October 17, 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 />RE: Elevated Levels at Outfall 010A, Colowyo Coal Company L.P. (Colowyo) COPS <br />Permit No. CO- 0045161. Request for Waiver of Primary Quality Standards and <br />Utilization of Alternate Criteria. <br />Dear Ms. Morgan, <br />This letter is to inform you in writing of elevated levels of Total Suspended Solids for the <br />month of October 2011. Colowyo Coal Company L.P. sampled Outfall 010A (East Taylor <br />Pond) on October 5, 2011 and laboratory results were received on October 12, 2011. The <br />results of the analysis indicated that Outfall 010A has elevated levels of Total Suspended <br />Solids, with a result of 46 mg /L. The samples were retested to ensure that the first results <br />were correct. The rerun showed results that backed up the original results. <br />Colowyo also received measurable precipitation on October 3, 2011 and October 4, 2011. <br />Pursuant to Permit Number: CO- 0045161, Section A.2. the permittee may seek relief from <br />the TSS limitations if the discharge occurred within 48 hours after measurable precipitation <br />has stopped. 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. Furthermore, laboratory results for Outfall 010A <br />from September 2011 for Total Suspended Solids came back with a result of 11 mg /L, <br />shortly after the pond had been dredged. <br />Colowyo is respectfully requesting a waiver be granted for the elevated levels reported at <br />Outfall 010A based on the precipitation event of October 3 and October 4, 2011. Colowyo <br />thanks you in advance for your consideration on this matter. If you should have any <br />additional questions or concerns please feel free to contact me at your convenience at <br />(970) 824-1573. <br />