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August 14, 2012 <br />Dear Ms. Morgan, <br />5731 State Highway 13 <br />COAL <br />COMPANY <br />A�OPLE•PRODUc.rtO$ yl� <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 />Meeker, Colorado 81641 970 824 - 1500 <br />RE: Upset Conditions of Total Suspended Solids at Outfall 010A, Colowyo Coal Company L.P. <br />(Colowyo) CDPS Permit No. CO- 0045161. <br />Per Colowyo's phone conversation with you on August 9, 2012, this letter is to inform you in <br />writing of the upset conditions of Total Suspended Solids (TSS) for the month of July 2012. <br />Colowyo sampled Outfall 010A on July 25, 2012 and laboratory analysis was received on August <br />9, 2012. The Outfall 010A results indicated elevated TSS concentrations (100 mg /L). The <br />elevated TSS concentration is above the Daily Maximum limit (70 mg /L) and the monthly <br />average TSS concentration for July samples is also above the 30 -Day Average limit (35 mg /L). <br />However, the Settleable Solids limits were not exceeded at this outfall during this event. <br />Colowyo believes the TSS concentration for this outfall reflects the development of algae in the <br />pond due to regional uncharacteristic weather patterns which qualifies as an upset condition. <br />The sample taken on July 25, 2012, was retested to ensure that the first results were correct. <br />The rerun showed results that coincided with the original results. Colowyo does not believe the <br />upset conditions of Total Suspended Solids are a result of sediment flowing into the pond, but <br />rather the development of algae in the pond due to regional uncharacteristic weather patterns. <br />Colowyo has experienced unseasonably high temperatures during the months of May, June, and <br />July, 2012. Colowyo has received precipitation during the month of July 2012, but the <br />precipitation events have typically been short in duration. East Taylor Pond does receive inflow <br />from a small spring; however, flow rates are minimal and steady with minimal TSS loading. East <br />Taylor Pond was dredged during August of 2011, and 2088 yards of material was removed form <br />East Taylor Pond. Please see attached climatological data, sample analysis reports, and pictures <br />taken of East Taylor Pond 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 currently has <br />sediment control logs (wattles) installed between East Taylor Pond and Outfall 010A to further <br />minimize TSS concentrations. The facility is also currently scheduling East Taylor Pond for <br />I W?st.erj, ; :.T.. C'olo;:yr!o, !. i,C ,hinnjug property <br />RECEIVED <br />AUG 2 0 ?012 <br />Divisio,q or rteclamation, <br />Mining and Safety <br />