2006-03-21_PERMIT FILE - C1981022

• Permit No: C1981022
• IBM Index Class Name: Permit File
• Doc Date: 3/21/2006
• Doc Name: NPDES Permit ‎(CO-000132)‎
• Section_Exhibit Name: Exhibit 2.03-E4 Part 3c
• Media Type: D
• Archive: No

STATE OF COLORADO
John W. Hickenlooper, Governor
Christopher E. Urbina, MD, MPH
Executive Director and Chief Medical Officer
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246 -1530
Phone [phone]
Located in Glendale, Colorado
http://www.cdphe.state.00.us
May 23, 2013
Mike Ludlow, Executive VP
Oxbow Mining LLC
PO Box 535
Somerset, CO 81434
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230 -6928
(303) 692 -3090
F
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* 1676 '
Colorado Department
of public Health
and Environment
LO
RE: Certification, Colorado Discharge Permit System — Discharges associated with Coal Mining
Permit Number COG8S0000 Certification Number: COGS50064 for Temporary Alternate location for Outfall 015
Dear Mr. Ludlow:
Enclosed please find a copy of the permit certification, which was issued under the Colorado Water Quality Control Act.
Please read the enclosed permit and certification.
The Water Quality Control Division (the Division) has reviewed the application submitted for the Elk Creek Mine facility and
determined that it qualifies for coverage under the CDPS General Permit for Discharges associated with Coal Mining (the
permit).
Modification Reauest
On May 3, 2013 the Division received a modification form requesting a change of chronic WET to <t species from Ceriodaphnia
dubia to Daphnia magna due to high alkalinity. The permittee also sent an email stating that the discharge could be intermittent
and requested acute WET testing, but indicated that they cannot be certain that the discharge would meet the requirements to
qualify for acute WET testing based on an intermittent type discharge as this is a dewatering discharge.
The Division is not able to grant a change in species for chronic WET testing, only acute WET testing. The change in species for
chronic WET testing is under the jurisdiction of an alternative testing procedure (ATP) through the EPA. This process is outside
of the scope of this general permit. The Division acknowledges the applicability of acute WET testing when a discharge is
intermittent as defined in Implementing Narrative Standard for Toxicity in Discharge Permits Using Whole Effluent Toxicity
(WET) Testing. Colorado Department of Public Health and Environment, Water Quality Control Division Policy Permits -1,
September 30, 2010. Since an intermittent discharge from this outfall may be a possibility, both chronic and acute WET testing
has been included in the certification and the permittee shall conduct chronic WET testing, if the Dscharge is not intermittent as
defined in the policy. Otherwise, acute WET testing remains the applicable
This modification does not violate the Anti - Backsliding requirements of Regulation 61.10 since this only corrects the segment
designation and the monitoring frequencies.
Protect Name and Activity
This is an active coal mine that has individual permit (C00000132) for coal mining activities. This jermit is covering a temporary
discharge from alternate outfall 0158 on an emergency basis. This permit will address the emergency need for temporary
discharge of mine water from sealed underground workings. The discharge is planned to begin by mid May 2013. Stormwater
discharges from this facility are already covered under the individual permits and /or under a stormwater permit.
Discharge Specific Information
The discharge is to Elk Creek (Segment 04) of the North Fork of the Gunnison River Sub - basin, Gunnison River Basin, found in the
Classifications and Numeric Standards for the Gunnison and Lower Dolores River Basin (Regulatioi No. 35) (COGUNF04).
Segment 04 is Reviewable, and is classified for the following beneficial uses: Aquatic Life, Class 1 Cold; Recreation Class E; Water
Supply; and Agriculture.