Laserfiche WebLink
Tony A. Tennyson <br />Environmental Engineer <br />October 27, 2006 <br />.._....~,-- ~ q 9~.~ <br />•~~_I,. __. . <br />Ms. Kelly Morgan NQl/ Q I ZQ~6 <br />Colorado Department of Public Health and Environment ~7~os+~:n of z_ ~iamaaon, <br />Water Quality Control Division i4,,,,,ns U.w Saiety <br />4300 Cherry Creek Drive South <br />Denver, CO. 80246-1530 <br />RE: REQUEST FOR RELIEF FROM CDPS WATER QUALITY ALLOWANCE EXCEEDENCE <br />OF TOTAL SUSPENDED SOLIDS (TSS) AT OUTFACE 003A; COLOWYO COAL COMPANY <br />L.P. (COLOWYO); CDPS NO. CO-00045161 <br />Deaz Ms. Morgan, <br />In response to our phone conversation on August 25, 2006 regarding the water quality allowance <br />exceedence at Outfall 003A, please accept this formal request for relief from Total Suspended Solids MCL <br />requirements regarding the samples taken on August 10, 2006. As requested, reasonable justification for <br />waiving TSS limitations in this circumstance is provided in the following text. <br />Specific documentation relating to precipitation and laboratory analysis is provided to you in the attached <br />packet. Completed Quarterly Pond (Impoundment) Inspection Forms can be provided to you at your <br />request. These inspection reports are reviewed by CDMG and included in Colowyo's Annual Hydrology <br />Report. <br />Permit BaclcQrouud: <br />This pond is eligible for relief from Primary TSS limitations based on the Alternate Limitations language <br />"Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period <br />less than or equal to the 10-vear 24-hour precipitation event (or snowmedt of equivalent volume) may <br />comply with the following limitations subject to burden of proof requirements described in Part LA.2). " <br />Part LA1: Alternate Limitation Burden of Proof Requirements <br />The permittee has the burden ofproof when seeking relief from total suspended solids (TSS), total ar <br />total recoverable iron, and/or settleable solids (SS) limitations, as applicable. All Outfalls are eligible for <br />relieffront TSS, or total recoverable iron, and SS; however, the majority of the loading from any discharge <br />has to consist of storm runofffor the relief to be available. The permittee will need to show that exceedence <br />of the applicable limitations was caused by precipitation and not mine water, through a comparison of the <br />loading from each source. Relief may be granted for each discharge occurrence only when necessary and <br />shall not be granted when the permittee has control over the discharge. The permittee should endeavor to <br />meet the primary limitations whenever possible. <br />a) For rainfall. to waive TSS and total iron limitations, it is necessary to prove that discharge occurred <br />within 48 hours after measurable precipitation has stopped. In addition, to waive settleable solids <br />Colowpo Mine • 573E State Highway 13 • Meeker. Colorado 8164E <br />T+l 970 824 1500 • F +l 970 824 1504 • www.rtea.com <br />