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~: ~II 999 STAi F, OF COLORADO DIVISION OF MINERALS AND GEOLOGY Departmem of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: 1303) 866-3567 FAY. (3031 832 8106 August 25, 2000 ~~ i DIVISION O F ~ MINERALS & I GEOLOGY 0.EC LAM ATIONI MIN ING•SAFETY Bill ovens Mr. Jon Kubic eo~emnr Greg E. watcher Colorado Department of Public Health E.ecuuve Dueao~ and Environment Michael B. Long 4300 Cherry Creek Drive South Drvhion Director Denver, CO 80246-1530 Re: Public Notice - Twentymile Coal Co. -CDPS Permit Number CO-0042161 Dear Mr~Kubic: We are in receipt of the Rational for Public Notice, dated August 4, 2000, for Twentymile Coal Company, CDPS Permit Number CO-0042161 (Routt County). This notice discusses an approval with conditions that will increase the upper pH limit for outfalis OOIA and 002A from 9.0 to 10.0. I write this letter because I will be in the field all of next week. Rick Mills and I have been communicating about this matter, and we attempted to arrange a conference call, but were unable to connect. We request the opportunity to coordinate with your agency and with Twentymile Coal Company in this matter to ensure compliance with requirements of the CDPS Permit, the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining and the Memorandum of Understanding between our agencies. VVe understand the rationale for requesting an increase in the upper pH limit for the referenced outfalis and we appreciate the operational needs of Twentymile; however, we are concerned that our regulation 4.05.2(7) and the MOU may indicate a potential conflict with the proposed CDPS amendment. Specifically, our Rule 4.05.2(7) states: 4.05.2 (7) Discharges of water from areas disturbed by surface coal mining and reclamation operations shall be made in compliance with the Colorado Water Quality Control Act, 25-8-101 to 703, C.R.S. as amended and regulations promulgated pursuant thereto, and with the effluent limitations for coal mining promulgated by the United States Environmental Protection Agency set forth in 40 CFR Part 434, (July 1, 1993). 40 CFR Part 434 is hereby incorporated by reference as it exists on the date of these regulations. This rule does not include later amendments to or editions of the incorporated material. Certified copies of the 40 CFR Part 434