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Oc tohe;r ?, ?(t'.' <br />Ms. Kelly "Oorgan <br />Water Quulity Control Division <br />Colorado Dwartment olTublic Health and Environment <br />4 300 Cherry+ Creek Drive. South <br />Denver, Colorado 402.46 -153(1 <br />RE: WE'1" Testing —No Pattern of'I'oUcity, Outfall 013, New Horizon Mine, <br />C DPS Permit #C O- 0000213 <br />Dear Ms, Morgan: <br />W'cstem Fuels LLC Culutaclu {U4'csteru Ft.clst has cnclosctl the dcn�tn�stra #ion of "nn <br />pattern of toxicity'" For the'Vliole Effluent Toxicity (WET) testing, at the Western Fuels <br />New Horizon bltntr. iii accordance: with Part LAA.C.i. of tile Colorado Discharge Permit <br />5ystc,m (CDPS) i'crmit #C'(1- 04)007I 10. On August 2012. Wome,rn Fuels notified the <br />Division oflhe initial tailure tier the sublethal (reproduction) statistics un the <br />[-er'Toci'aphniet clubia species tilt th sec:ond semi- annual chronic WET testing on Outilall <br />►I �. flu. sumtnttry C IA'S W FI Test Report Formi from the semi- annual tests are <br />enclosed. Western Fuels Collected three accelerated 1V l' sarnplc; sets for analysis by <br />The SeaCre?st Group. Louisville. Colorado, during August and September 1012. 'The <br />tirst sample (collected August G`�'j was broken during shipping; therefore, the first <br />complcte accelerated test was cmiducted oil samples collected from .August 13 17, <br />2011. <br />The aCLCIerate;d samples were analWed for potential toxicity to the Cerir)ctaj:hnica dirbicr <br />species, as the: sensitive° spe:eles. No statiAtically sicnilicant sublethal elfce.=t to thi, <br />, -ies (reproduction) was found in the second 1111d third accelerated sr:nipling everts <br />Enclosed are tJe summary CDPS WET Test Report Form, iiOr the&: ace eleratod tests, <br />-Accelerated testing :shall e'crrltinttc until' two Consecutive tests pass or three of tllc <br />tidc le'sts, pa•S. in etlhiCh e:,isc n11 pattt;rii Uft,)xicity hati btt711 16Uild,'' as described in Plitt <br />LA.4.c.i. of the Hermit. Western Fuels believes that the WET test results on OUtfall 013 <br />reflect "no pattern oFtoricity " Based on this tindinu_ Part I A,=1 c_i. also slates lh.�rt "the <br />iorictly episode is considered to be endcd Vinci routine tc`tin is to resume. " Therefore. <br />Wextcrn Fuels will return to semi- annual analvAs for both the fathead minnmv and <br />C r;(041171111 rr CII'Ubh sliccics 011 ()uttiill (11 3 tiii the perield lanu:try .lint: 2013. <br />