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BTU Empire Corporation <br />29515 Routt County Road # 27 <br />Oak Creek, Colorado 80467 <br />(970) 879-3800 <br />January 27, 2008 <br />Ms. Tania Watson <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division - Permits and Enforcement <br />4300 Cherry Creek Drive South <br />Denver, CO 80222-1530 <br />RE: PERMIT CO-0034142; BTU EMPIRE 4th QUARTER 2008 DMR SUBMITTAL <br />Dear Ms. Watson: <br />RECejvED <br />FEB O 'z 2009 <br />Division of Reclamation, <br />Mining and Safety <br />Enclosed, please find the above referenced discharge monitoring report for the period October 1, 2008 through December 31, <br />2008. Outfalls 003A/003X and 022A/022X flowed each week of the quarter. Outfall 024A/024X did not flow during the period. <br />No exceedances were noted. <br />In 2004, BTU Empire received approval from CDPHE to reduce the frequency of Whole Effluent Toxicity (WET) testing for <br />Outfalls 003X, 022X, and 024X to an annual basis (a change from the previous quarterly basis). Annual chronic WET testing <br />was performed at site 003X and 022X during May of 2008. WET testing for Outfalls 003X and 022X tests indicated that the <br />effluent was not acutely toxic to Daphnia magna or fathead minnow survival. <br />Outfalls, 004A, 007A, 009A, 011 A, 012A, 013A, 014A, 015A, 016A, 017A, 018A, 019A, 020A, 021 A, 023A, and 024A/024X, <br />along with Site 3001, did not discharge during this period. In order to reduce the amount of paper work, the following <br />certification will be substituted for the actual DMR forms to cover the outfalls, which did not discharge. <br />CERTIFICATION <br />1 certify under penalty of law that / have personally examined and am familiar with the information submitted herein; and <br />based on my inquiry of those individuals responsible for obtaining the information, I believe the submitted information is <br />true, accurate, and complete. l am aware that there are significant penalties for submitting false information, including the <br />possibility of fine and imprisonment. See 18 U.S.C. § 1001 and 33 U.S.C. § 1319. (Penalties under these statutes may <br />include fines up to $10, 000 and/or maximum imprisonment of between 6 months and 5 years.) <br />Brian A. Watterson, Geologist Dat <br />Please contact me directly at (970) 870-2750 with any questions. <br />&r, ?/4? <br />Brian A. Watterson, P.G. <br />Geologist, Environmental Group <br />BTU Empire Corporation <br />enclosures <br />cc: DBMS <br />CWPS Permit No. CO-0034142 file