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~ - ~ III IIIIIIIIIIIIIIII <br />• 999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparl mem n! Nawral Resources <br />1313 Sherman 51., Roam 215 <br />Denver, Colorado H0203 <br />Vhanc: (3031 dbh-3SG7 <br />FA%: (3f1.i1 dTLHIf1G <br />May 1, 1996 <br />Mr. Larry Reschke <br />Powderhorn Coal Company <br />PO Box 1430 <br />Palisade, Colorado 81526 <br />RE: NOV No. C-96-010 <br />File C-81-041 <br />Dear Mr. Reschke: <br />~~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Go. ernar <br />lames 5. Lochhead <br />Eeecurive Director <br />rm~chael B. Long <br />Di. is~on Direclar <br />The enclosed notice of violation (NOV No. C-9 -?? was issued based <br />on the mine water discharge sample collecte tom CDPES outfall <br />X004 by Barbara Pavlik on March 28, 1996. The TSS level of 84 mg/1 <br />is in excess of the applicable standard of 70 mg/1. As you know, <br />this is the second TSS exceedance we have documented from this <br />discharge site in less than one year. Rule 4.05.2(1) requires that <br />any discharge of water from underground workings to surface waters <br />which does not meet the effluent limitations of 4.05.2 shall be <br />passed through a sedimentation pond, a series of sedimentation <br />ponds, or a treatment facility before leaving the permit area. The <br />Division has previously granted an exemption to the sediment <br />pond/treatment facility requirement based on demonstration pursuant <br />to 4.05.2(3)(a), that such treatment facilities would not be <br />necessary to meet effluent limits. <br />The March 28 exceedance was of a much lesser magnitude than the <br />June, 1995 exceedance, and it is my understanding from our phone <br />discussion earlier today that you believe modifications can be made <br />in the underground water handling system to provide additional <br />settling time, such that routing of the minewater through a surface <br />sedimentation pond or treatment facility will not be necessary. we <br />will consider such modifications as abatement for this violation, <br />but if future exceedances occur, we anticipate that the sediment <br />pond/treatment system exemption will be revoked. <br />Please contact me if you have any questions. <br />Sincerely, <br />G~~ _. <br />Dan T. Mathews <br />Environmental Protection Specialist <br />rside\5-96nov.ltr <br />