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COAL <br />s COMPANY <br />f'C PRODUCTION <br />Ms. Kelly Morgan <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division <br />4300 Cherry Creek Drive South <br />Denver, CO 80222 -1530 <br />5731 State Highway 13 Meeker, Colorado 81641 <br />August 27, 2012 <br />PuG 3 0 VA/ <br />Rec \a{ g oo ' <br />Wing & Sa <br />RE: Upset Conditions of Total Suspended Solids at Outfall 010A, Colowyo Coal Company L.P. <br />(Colowyo) CDPS Permit No. CO- 0045161. <br />Dear Ms. Morgan, <br />Per my voicemail on Thursday August 23, 2012, this letter is to inform you in writing of the upset <br />conditions of Total Suspended Solids (TSS) for the month of August 2012. Colowyo sampled <br />Outfall 010A on August 8, 2012 and laboratory analysis was received on August 21, 2012. The <br />Outfall 010A results indicated elevated TSS concentrations (139 mg /L). The elevated TSS <br />concentration is above the Daily Maximum limit (70 mg /L). However, the Settleable Solids limits <br />were not exceeded at this outfall during this event. Colowyo believes the TSS concentration for <br />this outfall reflects the development of algae in the pond due to regional uncharacteristic <br />weather patterns which qualifies as an upset condition. <br />The sample taken on August 8, 2012, was retested to ensure that the first results were correct. <br />The rerun showed results that coincided with the original results. Colowyo does not believe the <br />upset conditions of Total Suspended Solids are a result of sediment flowing into the pond, but <br />rather the development of algae in the pond due to regional uncharacteristic weather patterns. <br />Colowyo has experienced unseasonably high temperatures during the months of May, June, July <br />and August, 2012. Colowyo has received very limited precipitation during the month of August <br />2012, and the precipitation events were short in duration. East Taylor Pond does receive inflow <br />from a small spring; however, flow rates are minimal and steady with minimal TSS loading. East <br />Taylor Pond was dredged during August of 2011, and 2088 yards of material was removed form <br />East Taylor Pond. Please see attached climatological data. <br />Colowyo's historical laboratory analysis data does not show a trend toward any type of elevated <br />levels at this outfall. The elevated levels Colowyo does experience are associated with either a <br />precipitation or runoff event. Colowyo does not believe that the elevated levels are related in <br />any way to a lack of proper pond function as routine inspections of the pond show that it is <br />functioning as designed in accordance with Part II .A. 7. b. of the permit. Colowyo currently has <br />sediment control logs (wattles) installed between East Taylor Pond and Outfall 010Ato further <br />minimize TSS concentrations. The facility has also commenced dredging of the East Taylor Pond <br />for dredging on August 24, 2012, to ensure that sediment is not an issue. Colowyo will continue <br />to closely monitor this and all other outfalls for indications of proper impoundment function. <br />es Prof). <br />