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her 2, ?(t`; <br />\4s. Kelly Morgan <br />Water Quality Control Division <br />Colorado Department o1'Public Health and Environment <br />4300 Cherry Creek Drive South <br />Denver, Colorado 8014 I 530 <br />RE: WET 'Testing — No Pattern of Toxicity, Outfall 913, New I lorizon Kline, <br />CDPS Permit #C'0- 9909213 <br />Dear \•9s. Morgan: <br />Western Fuels LE(' Colorado (Western Fuels) has enclosed the demonstration of "no <br />pattern of toxicity" for the Whole Effluent Toxicity (WET) testing at the Western Fuels <br />New Horizon Mine. in accordance with Part I.A.4.c,i. of the Colorado Discharge Permit <br />System (CDPS) Permit #CO- 0000213, On August 7, 2012. Western Fuels notified the <br />Division of the initial failure for the sublethal (reproduction) statistics on the <br />(.'c'riudcrphnia (labia species for the second seini- annual chronic \VET testing on Out tall <br />013, [he summary [DNS WET 'Pest Report Forms from the semi - annual tests arc <br />enclosed. Western fuels collected three accelerated WET sample sets for analysis by <br />The SeaCrest Group. Louisville. Colorado, during August and September 2012. The <br />first sample (collected August ()III) was broken during shipping; theretbre, the first <br />complete accelerated test was conducted on samples collected from August 1.3 17. <br />2012. <br />The accelerated samples were analyzed tier potential toxicity to the C'criodapl cluhiu <br />species, as the sensitive species. No statistically significant sublethal oltcct to this <br />species (reproduction) was found in the second and third accelerated sampling events. <br />Enclosed arc the summary CDPS \VET Test Report Forms for these accelerated tests. <br />"Accelerated testing shall continue until: .. two c onsecutive tests pass or three of the <br />live tests pass, in which case no pattern of toxicity has been found," as described in Part <br />I.A.4.c,i, ofthe permit. Western Fuels believes that the WET test results on Out fall 013 <br />reflect "no pattern of toxicity Rased on this tindine. Pail 1 A.4 c_i. also states that "the <br />tonicity episode is considered to be ended and routine testing is to resume." Theretbre, <br />Western Fuels will return to semi - annual analyst~ lbr both the fathead minnow and <br />C'rrrrxlaphrrkr club! ' ccics on ()uttall 013 for the period January June 2013. <br />