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t <br />5731 Highway 13 <br />Meeker, Colorado 81641 <br />970 -824 -1500 <br />Chip Brown, Environmental Engineer 970 - 824 -1573 <br />April 4, 2012 <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 />vtresr <br />N?R 0 9 ?0 ° <br />OWis►en. K d Safety e o <br />Mining an <br />RE: Elevated Levels at Outfall 011A, Colowyo Coal Company L.P. (Colowyo) CDPS Permit No. CO- <br />0045161. Request for Waiver of Primary Quality Standards and Utilization of Alternate Limitations <br />due to Snowmelt and Precipitation. <br />Per the phone message I left you on April 4, 2012, this letter is to inform you in writing of elevated levels <br />of effluent standards for the month of March 2012. Colowyo sampled Outfalls 011A on March 19, 2012 <br />and laboratory analysis was received on March 30, 2012. The results of the analyses indicated that <br />Outfall 011A exceeded the 35.0 mg /L 30 -Day Maximum Concentration Average for Total Suspended <br />Solids and the 1.00 mg /L 30 -Day Maximum Concentration Average for Total Recoverable Iron. Results <br />for Outfall 011A are 44 mg /L for Total Suspended Solids and 1.21 mg /L for Total Recoverable Iron. <br />Settleable Solids limitations were not exceeded at this outfall during this event. <br />The samples were retested to ensure that the first results were correct. The reruns showed results that <br />coincided with the original results. Pursuant to Permit Number CO- 0045161, Section A.1, under <br />Alternate Limitations, "Any discharge or increase in the volume of a discharge caused by precipitation <br />within any 24 -hour period less than or equal to the 10 -year, 24 -hour precipitation event (or snowmelt of <br />equivalent volume) may comply with the following limitations subject to burden of proof requirements <br />described in Part I.A.3." Colowyo did receive measurable precipitation 48 hours prior to sampling, on <br />March 18, 2012 and March 19, 2012. Warm weather and sunshine during the month of March, 2012, <br />has also created snowmelt and runoff of accumulated snowpack in the vicinity of the outfall. Please see <br />the attached climatological data, sample analysis reports and picture taken on March 19, 2012 for <br />additional information. <br />Colowyo's historical laboratory analysis data does not show a trend toward any type of elevated levels <br />at this outfall. The elevated levels Colowyo does experience are associated with either a precipitation or <br />runoff event. Colowyo does not believe that the elevated levels are related in any way to a lack of <br />