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July 24, 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 />RE: Upset Conditions of Total Suspended Solids at Outfall 010A, Colowyo Coal Company L.P. <br />(Colowyo) CDPS Permit No. CO- 0045161. <br />Dear Ms. Morgan, <br />5731 State Highway 13 <br />COAL <br />s, COMPANY <br />P2'.AEO„LP PRODUCTtpA <br />0 <br />Meeker, Colorado 81641 970 - 824 -1500 <br />Per the phone conversation we had on July 24, 2012, this letter is to inform you in writing of <br />upset conditions of Total Suspended Solids for the month of July 2012. Colowyo sampled Outfall <br />010A on July 2, 2012 and laboratory analysis was received on July 10, 2012. The results of the <br />analyses indicated that Outfall 010A exceeded the 70.0 mg /L Daily Maximum Concentration for <br />Total Suspended Solids. Settleable Solids limitations were not exceeded at this outfall during <br />this event. <br />The sample was retested to ensure that the first results were correct. The rerun showed results <br />that coincided with the original results. Colowyo does not believe the upset conditions of Total <br />Suspended Solids are a result of sediment flowing into the pond, but rather the development of <br />algae in the pond due to regional uncharacteristic weather patterns. Colowyo has experienced <br />unseasonably high temperatures during the months of May, June, and July, 2012, while <br />precipitation has also been unseasonably low. East Taylor Pond does receive inflow from a small <br />spring; however, flow rates are minimal and steady. Water from the spring that flows into East <br />Taylor Pond was sampled on June 21, 2012 and laboratory analysis was received on June 26, <br />2012. The sample was taken at a location just upstream from its inflow into the pond. The <br />laboratory analysis for the spring indicated the level for Total Suspended Solids were 6 mg /L, <br />compared to 46 mg /L for the Outfall analysis taken the same day. East Taylor Pond was dredged <br />during August of 2011, and 2088 yards of material was removed form East Taylor Pond. Please <br />see attached climatological data, sample analysis reports, and pictures taken of East Taylor Pond <br />during the months of June and July. <br />Colowyo's historical laboratory analysis data does not show a trend toward any type of elevated <br />levels at this outfall. The elevated levels Colowyo does experience are associated with either a <br />precipitation or runoff event. Colowyo does not believe that the elevated levels are related in <br />any way to a lack of proper pond function as routine inspections of the pond show that it is <br />functioning as designed in accordance with Part II .A. 7. b. of the permit. Colowyo will continue <br />to closely monitor this and all other outfalls for indications of proper impoundment function. <br />