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The CDPHE NOV was issued for Failure to Comply with <br />Permit Effluent Limitations, Failure to Use Required <br />Analytical Method, and Failure to Report Representative <br />Monitoring Data. The effluent limitation was the above <br />mentioned parameter on Potentially Dissolved <br />Selenium. Based on the CDPS permit CO- 0048275 issued <br />to Peabody Sage Creek Mining, LLC, the effluent <br />parameter is a 30 -day average of 4.6ug /l for potentially <br />dissolved selenium. This parameter was exceeded at <br />two outfalls, outfall 002A and outfall 004A. Outfall 004A <br />discharges both surface run -off and spoil spring water <br />from an area which has no active disturbance and is <br />currently in reclamation. Outfall 002A discharges both <br />surface run -off and spoil water from both the <br />active /newly constructed mining area and areas in <br />reclamation. <br />Based on a Memorandum of Understanding between <br />the Division of Reclamation, Mining and Safety and the <br />Water Quality Control Division (WQCD), the WQCD will <br />be responsible for enforcing CDPS permit conditions. <br />8. Basic Standards for <br />CWQCC regulations <br />The manganese standard was exceeded 6 times at 6 <br />Surface Water <br />31.1.11 <br />sites including springs. Based on CWQCC reg. 31, the <br />standard of 0.2 mg /1, applies to plants grown in acidic <br />soils ( <6.0 pH). In alkaline soils, as found on the PSCM <br />site, the EPA standard would be 10 mg /1. The maximum <br />manganese value observed at any surface site was 0.461 <br />mg /I at NPDES 003. <br />Spoil spring 6 exceeded the cadmium, nickel and <br />manganese agricultural standards. The discharge of this <br />spring flows into NPDES Pond 002, which did not exceed <br />any of these parameters. Spoil Spring 4 exceeded the <br />selenium standard. <br />9. Instream Numeric <br />CWQCC regulation 33.0 <br />Two PSCM monitoring sites exist within the Fish Creek <br />Standards <br />Drainage: The 004 outfall and SSC10 are on Cow Camp <br />Creek and discharge into Fish Creek which is on Segment <br />13b of the Yampa River basin. The stream standards for <br />Fish Creek are based on aquatic life standards. Two <br />samples from Pond 004 outfall exceeded the chronic <br />selenium standard of 4.6 ug /1, in May and June (14 and 8 <br />ug /1). The acute standard of 18.4 ug /I was not exceeded. <br />Two PSCM monitoring sites exist within the Little Grassy <br />Creek drainage: The 002 outfall and SSLG5. SSLG5 <br />drains the upper portion of Little Grassy Creek which are <br />undisturbed by mining. Both sites discharge into Grassy <br />