1993-11-15_PERMIT FILE - C1981017

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National Pollution Discharge Elimination System (NPDES) data, available at the Colorado Department of Health, Water Quality Control Division and data collected by the operator as per permit requirements were also evaluated. The purpose of this second evaluation was to determine whether the Coal Basin mine discharges, whether from the entries or as a non-point source, adversely impacts the Crystal River. If an impact was determined to be occurring, the State would direct Resources to accomplish remedial tasks as necessary in order to achieve compliance with the requirements of the Colorado Rules. History Historically, the Coal Basin Mine has had problems complying with the terms of the Colorado Rules as they pertain to minimizing impacts to the hydrologic balance. The operation also has a history of non-compliance with the terms of the NPDES permit. In both instances, the operation has occasionally exceeded the allowable contributions of suspended solids to receiving streams. In a number of cases, water laden with coal fines has discharged directly from the mine to tributaries of the Crystal River. These discharges, which the Albuquerque Field Office has termed the "Black Water Incidents" have occurred as a result of a failure of the 016 pond series. The 016 pond series is a three pond system which was designed to allow discharges from the Rock Tunnel entry as well as drainage from the Rock Tunnel Waste Rock Disposal Facility to settle in order to meet effluent limitations prior to discharge. Too frequently, the 016 pond series failed to operate correctly. The result of this was that waters exceeding the effluent limitations were occasionally discharged into the Crystal River tributaries. As a result of these discharges and other water quality violations noted at the site, the Division issued 20 Notices of Violation to Mid-Continent for hydrologic balance related issues during the period of October, 1986 through June, 1993 . Between the period of February, 1989 and January, 1990, six violations and one Cessation Order were found at Coal Basin. Six of those seven enforcement actions, including the Cessation Order, were written for hydrologic concerns. As a result, the Division determined that a pattern of violations existed at the site, and issued an Order to Show Cause Why Permit Should Not Be Suspended or Revoked (Appendix 10) . The permit was ultimately revoked in August, 1991, as a result of the finding that a pattern of violations existed at the site. The issuance of Notice of Violation C- 89-003 (Appendix 11) resulted in a significant revision to the permit. This violation recognized that the bulk of non-compliant discharges resulted from mine waters too heavily laden with coal fines being discharged from the mine. There is a direct correlation between coal production and the amount of coal fines suspended in the -7-