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COAL <br />,,,,,,COMPANY G� <br />r l+EOpLE•PRODUCTIOK•£ f,4 <br />and stabilizes. This is not an uncommon concept and is in line with Colowyo's <br />request to lower the curve number on three plus year reclamation areas. <br />• The recent history of exceedances of CDPS limitations for discharges from <br />the East Taylor Pond. While other factors (e.g., algae) may be significant <br />factors, it is prudent to limit (as much as practical) all sources of sediment <br />loads to this pond until it is clear that the problem has been addressed (i.e., <br />there have been approximately four quarters of Discharge Monitoring <br />Reports without exceedances). <br />Colowvo's Response (Fourth Adequacy <br />To be clear, if Colowyo was receiving stormwater inflow into the pond within 48 <br />hours of taking the sample, the elevated levels observed would not be characterized <br />as exceedences. The CDPS limitations for the parameters in question do not apply <br />when the pond is receiving stormwater inflow. This pond receives a small continuous <br />inflow from a spring immediately upstream of the inlet to the pond. This inflow was <br />sampled and analyzed to determine if it was contributing to the elevated results and <br />was eliminated as a source of the issue. Colowyo does not believe that it is <br />appropriate to justify retaining elevated curve numbers for one or all ponds based in <br />part on conditions that are not related to the potential for settleable solids being <br />discharged from East Taylor Pond. <br />If you should have any additional questions or concerns please feel free to contact me at <br />your convenience at (970) 824 -1232. <br />Sinc <br />Tony Tenn son <br />Senior Engineer — Environmental <br />Cc: file CF 1.1.2.84 <br />A mining property of Western Fuels - Colorado, A Limited Liability Company <br />