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HomeMy WebLinkAbout1.0 Application0 -_.7:1-.1--',.'21N17}.7F. -, II( l0 IMAR 15 1991 I 1 GA dL D COUNTY COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver. Colorado 80220-3716 Phone (303) 320-8333 March 6, 1991 E. Peter Matthies, President 7476 East Arkansas, #104 Denver, CO 80231 STATE OF COLORADO Telefax. 13031 322.9076 IMain Building/ Denver/ (303) 320-1529 1Ptarmigan Place, Denver/ (303) 248-7198 Grand function Regional Ott cei CERTIFIED MAIL NO: P 330 084 688 Rov Romer Governor Thomas \1. Vernon. _ Executive Director RE: Final Permit, Colorado Wastewater Discharge Permit System Number: CO— G-850025 - NEW CASTLE ENERGY CORPORATION Gentlemen: Enclosed please find a copy of the permit which was issued under the Colorado Water Quality Control Act. Your discharge permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of your permit. It is especially important to note the "EFFECTIVE DATE OF PERMIT", not the date signed, located in the lower right hand corner of page 1, of your permit. It is illegal to discharge per the conditions of this permit until that date. Please read the permit and if you have any questions contact this office at 331-4590. Sincerely, )/€,A6_ Robert J. Shukle, Chief Permits and Enforcement Section Water Quality Control Division cc: Permits Section, Environmental Protection Agency Regional Council of Government Local County HeP.lth Department District Engineer, Field Support Section, WQCD Stan May, Field Support Section, WQCD Ginny Torrez, Permits and Enforcement Section, WQCD Anne Ihlenfeldt, Permits and Enforcement Section, WQCD Permit Drafters, Permits and Enforcement Section, WQCD RJS/lg Enclosure COLORADO DEPARTMENT OF HEALTH Water Quality Control Division 4210 East llth Avenue Denver, Colorado 80220 CERTIFICATION NEW CASTLE ENERGY CORPORATION LACY LOADOUT FACILITY PERMIT NUMBER: COG -850025, GARFIELD COUNTY I. TYPE OF PERMIT: II. FACILITY INFORMATION: A. Facility Type and Fee Category: B. SIC No.: C. Legal Contact and Facility Contact: (Operator) (Owner:) E. Facility Location: F. Discharge Point: G. Discharge Flow: Coal Mining (Surface Runoff Only) Category 7, Subcategory 5 - General Permits: Coal Mining - Current fee $360/year per CRS 25-8-502 1222 (Butuminous Coal Underground Mining) E. Peter Matthies, President New Castle Energy Corporation 7476 East Arkansas, No. 104 Denver, CO 80231 (303)+337-3877 Denver Rio Grande Land Company/James Holt P.O. Box 5482 Denver, CO 80217 (303)+595-2339 The Lacy Loadout facility is located in the SW 1/4, NW 1/4, Sec 23, T6S, R94W west of Rifle, Colorado, as shown in figure 1 of the permit. 001 - the discharge from the facility containment pond, and prior to mixing with the Colorado River, as shown in figure 2 of the permit. 001 = unknown The sedimentation pond was designed to contain and treat the 10 -year, 24-hour precipitation event. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 2. Permit No. COG -850025 III. RECEIVING STREAM: A. Identification, Classification and Standards 1. Identification: All discharges will go to an unnamed drainage ditch (segment 4) that is tributary to the Colorado River, Lower Colorado River subbasin, Lower Colorado River Basin (Planning Region 11). 2. Classification: Segment 4 is classified for the following uses: Recreation, Class 2; Aquatic Life, Class 2 (Cold); Agriculture. 3. Numeric Standards: The standards which have been assigned in accordance with the above classifications can be found in 3.7.0 Classifications and Numeric Standards for the Lower Colorado River Basin (5 CCR 1002-8). It should be noted that this facility does not discharge pollutants which are limited by water quality standards with the exception of pH. B. Receiving Water Data 1. Stream Low Flow: Not applicable; effluent limitations are not flow based. IV. FACILITY DESCRIPITION: The Newcastle Energy Corporation Lacy Loadout facility is used for temporary storage of coal for loading onto railroad cars. The estimated lifetime at this facility is approximately 5 years. The loadout facility is associated with the Newcastle Energy Corporation Coal Ridge #1 Mine nearby, which is currently not producing, but the maximum production rate is up to 1,000,000 tons per year. There are no post -mining areas at this facility. There is no bath house or sanitary wastewater contributions at this facility. There is no bulk storage of diesel fuel, gasoline, solvents or other hazardous materials at the site. Land application of wastewater does not occur at this site. The facility is not located within one mile of a landfill or any other mine or mill tailings. At the loadout facility, only surface runoff water enters the containment pond. Since the containment pond has been designed to capture runoff water resulting from a 10 -year, 24-hour event or less, it is anticipated that little flows will be discharged. If significant runoff water is collected, it will stand in the pond for at least 24 hours before being pumped into the drainage channel through discharge point 001. No chemicals are used for treatment in the pond. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 3. Permit No. COG -850025 V. TERMS AND CONDITIONS OF THE PERMIT: Active mining limitations and monitoring requirements in the permit apply to outfall 001. In the permit, active mining effluent limitations are specified in Part I.B.1.(a); burden of proof requirements are indicated in Part I.B.2.(d); monitoring requirements are specified in Part I.B.2; and special notification requirements for effluent violations are addressed in Part II.A.3. The facility is a new source facility under federal definition, therefore the new source limitations on pages 4 and 5 of the permit shall apply to this facility. The Total Iron limitations for the New Source Performance Standards (3.0/ 6.0 mg/1) applies to this facility, since this permit discharge is for a new facility (after May 4, 1984). Salinity (TDS) monitoring of the discharge is required. Total Phosphorus monitoring is not required. The permittee is encouraged to read the general rationale for an understanding of how this permit was developed and read the permit to see what requirements exist. Since there is no fuel storage structures or other materials on site, a Materials Containment Plan is not required for this permit. However, diking should be performed as discussed on page 9 of the general rationale and in Part I.B.1.(c)4 of the permit. In addition, as required in Part II.A.8, 9, and 12, the permittee is to utilize proper operation and maintenance to ensure that there is a minimization of adverse impact from the facility. Based on the above information, Newcastle Energy Corporation is certified to discharge under the general permit for coal mining facilities for the Lacy Loadout facility. The general coal mine permit is identified as permit number COG -850000. All correspondence relative to the Newcastle Energy Corporation Lacy Loadout facility should reference the specific facility number, COG -850025. Don Holmer March 4, 1991 Permit No. COG -50000 Facility No. COG -8500025 CDPS GENERAL PERMIT FOR COAL MINING FACILITIES (SURFACE RUNOFF ONLY) AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control,Act (25-8-101 et. seq., CRS, 1973 as amended), facilities engaged in mining and processing of coal are authorized to discharge surface runoff from approved locations throughout *the State of Colorado to specified waters of the State. Such discharges shall be in accordance with conditions of this permit. This permit specifically authorizes Newcastle Energy Coporation to discharge from facilities identified as Lacy Loadout facility located in the SW 1/4, NW 1/4, Sec. 23, T6S, R94W, west of Rifle, Colorado to the Colorado River as of this date March 6, 1991 This permit and the authorization to discharge shall expire at midnight, June 30, 1992. Signed this 8th day of March, 1988 COLORADO DEPARTMENT OF HEALTH aul Ferraro, Director Water Quality Control Division This facility permit contains 25 pages. CERTIFIED LETTER NO.P33° DATE SIZED b o / EFFECTIVE DATE E G PERIVITT 6 =3I6) ( � / • � PART I Page 2 Permit No. COG -850000 A. COVERAGE UNDER THIS PERMIT 1. This general permit authorizes discharges that consist entirely of precipitation induced surface runoff from coal mining and processing operations and loadouts, while active mining is taking place or during reclamation, into waters of the State of Colorado. Exceptions are those facilities in the Cherry Creek Basin upstream of Cherry Creek Reservoir and those tributary to Chatfield Reservoir downstream of the USGS gage at Waterton or in the Plum Creek drainage. No mine water, preparation plant water, spoils spring water, domestic sewage or other wastewater other than surface runoff may be discharged. Multiple discharges from one facility may be.authorized through this permit but ALL DISCHARGES FROM A FACILTY COVERED BY THIS PERMIT MUST CONSIST ENTIRELY OF SURFACE RUNOFF. If -a facility has discharges from one or more of the above excluded sources alone or in addition to surface runoff discharges, an individual permit is required. 2. In order to apply fair certification under this general permit, the owner, operator, and./or authorized agent of the subject facility shall submit by certified mail or hand delivery, the completed Coal.Mining Wastewater Discharge. Application (furnished by the division) which generally requires the following information (at a minimum): (a) Name, address and descriptive location of the facility; (b) Name of principal in charge of operations; (c) Name of the water receiving the discharge; (d) Description of the activity including the anticipated duration of activity and/or discharge, anticipated volume, and rate of discharge; (e) Description of any waste water containment and/or treatment; (f) A map showing the general geographical location of the facility and a sketch of the facility showing outfall(s) and receiving water(s); and (g) An analysis of the water to be discharged. At least thirty (30) days prior to the anticipated date of discharge, such information shall be submitted to: Colorado Department of Health Water Quality Control Division 4210 East lith Avenue Denver, Colorado 80220 Attention: Permits and Enforcement B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Effluent Limitations (a) Active Mining Effluent Parameter PART I Page 4 Permit No. COG -850000 Discharge Limitations Maximum Concentration 30 -day avg. a/ Daily Max. c/ Flow, MGD N/A Report Total Suspended Solids, mg/1 35. 70 Total Iron, mg/1 (Existing Sources) 3.5 7.0 Total Iron, mg/1 (New Sources) i/ 3.0 6.0 Total Dissolved Solids, mg/1 N/A Report (Colorado River Basin Only) Total Phosphorus (as P), mg/1 N/A Report (Dillon Reservoir Drainage Only) pH shall remain between 6.5 and 9.0 s.u. c/. Oil and grease shall not exceed 10 mg/1 c/ nor shall there be a visible sheen f/.. Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period less than or equal to the 10 -year, 24-hour precipitation event (or snowmelt of equivalent volume) y comply with the following limitations subject to burden of proof requirements described in Part I.B.1.d). Effluent Parameter Discharge Limitations Maximum Concentration Daily Maximum c/ Flow, MGD Report Settleable Solids, ml/1 h/ 0.5 Total Dissolved Solids, mg/:L Report (Colorado River Basin Only) Total Phosphorus (as P), mg!1 Report (Dillon Reservoir Drainage Only) pH shall remain between 6.5 and 9.0 s.u. c/. Oil and grease shall not exceed 10 mg/1 c/ nor shall there be a visible sheen f/ See Part I.B.3. for Footnotes PART I Page 6 Permit No. COG -850000 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Effluent Limitations (c) General Limitations - Active and Post -Mining 1. There shall be no discharge of sanitary waste waters from toilets or related facilities. 2. There shall be no discharge of floating solids or visible foam in other than trace amounts. 3. No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the permit issuing authority and imposition of such special conditions as are appropriate. 4. Bulk storage structures or petroleum products and other chemicals shall have adequate protection so as to contain all spills and prevent the material from entering discharged waters or waters of the state. Additional requirements are set forth in Section 311 of the Federal Clean Water Act. 5. There shall be no land application of wastewater, other than for dust control. (d) Burden of Proof Requirement The permittee has the burden of proof when requesting relief from total suspended solids (TSS), total iron and/or settleable solids limitations. . For rainfall, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 hours after measurable precipitation has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after precipitation greater than the 10 -year, 24-hour event has stopped. For snowmelt, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow volume greater than the 10 -year, 24-hour event has stopped. The division shall determine the adequacy of proof. (e) Post -Mining Areas A post -mining area is defined as an area in which active mining has ceased, all surface areas have been returned to the required contour and revegetation has begun. When the area serving an outfall meets these requirements the permittee shall notify the division so that appropriate modifications can be made. Each facility certification shall state whether active or post -mining limitations apply to each authorized outfall. PART I Page 7 Permit No. COG -850000 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 2. Monitoring Requirements In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part I.B.1, the permittee shall monitor all effluent parameters at the following frequencies© (a) Active Mining Effluent Parameter Measurement Frequency d/ Sample Type e/ Flow, MGD Weekly Instantaneous or Continuous Total Suspended Solids, mg/1 Monthly Grab Total Iron, mg/1 Monthly Grab Settleable Solids, ml/1 h/ Monthly Grab Oil and Grease, mg/1 Weekly Visual f/ pH, s.u. Weekly Grab Total Dissolved Solids, mg/1 £/* Quarterly Grab Total Phosphorus (as P), mg/I** Quarterly Grab (b) Post -Mining Effluent Parameter Measurement Frequency d/ Sample Type e/ Flow, MGD Monthly Instantaneous or Continuous Settleable Solids, m1/1 h/ Monthly Grab Oil and Grease, mg/1 Monthly Visual f/ pH, s.u. Monthly Grab Total Dissolved Solids, mg/1 £I* Quarterly Grab Total Phosphorus (as P), mg/1** Quarterly Grab * Total Dissolved Solids monitoring is required only for discharges to the Colorado River Basin. See specific facility certification rationale to determine whether TDS monitoring is required. ** Total phosphorus monitoring is required only for discharges to the Dillon Reservoir drainage area (i.e., Ten Mile Creek, Snake River, Blue River, all tributaries to the Dillon Reservoir). See specific facility certification rationale to determine whether phosphorus monitoring is required. See Part I.B.3. for footnotes PART I Page 8 Permit No. COG -850000 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 3. Footnotes (applicable to preceding pages) a/ - The thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30) consecutive -day period. Samples shall not be used for more than one reporting period. b/ - The seven (7) day average shall be determined by the arithmetic mean of all samples taken on separate days in a seven (7) consecutive -day period. Samples shall not be used for more than one reporting period. c/ - This limitation shall be determined by a single sample or set of samples as required by Part I B. 2, Sample Type. d/ - When the measurement frequency indicated is quarterly, the samples shall be collected during March, June, September and December, if a continual discharge occurs. If the discharge is intermittent, then samples shall be collected during the period that discharge occurs. If the permittee, using the approved analytical methods, monitors any parameter more frequently than required by this permit, then the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report Form or other forms as required by the Division. Such increased frequency shall also be indicated. e/ - Definitions of Sample Type 1. A "composite" sample, for monitoring requirements, is a minimum of four (4) grab samples collected at equally spaced two (2) hour intervals and proportioned according to flow. 2. A "grab" sample, for monitoring requirements, is a single "dip and take" sample. 3. An "instantaneous" measurement, for monitoring requirements, is a single reading, observation, or measurement performed on site. 4. A "continuous" measurement, for flow monitoring requirements, is a measurement obtained from an automatic recording device which continually measures flow. PART I Page 9 Permit No. COG -850000 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 3. Footnotes (applicable to preceding pages) e/ - Definitions of Sample Type (Continued) 6. An "in-situ" measurement, for monitoring requirements, is defined as a single reading, observation or measurement taken in the field at the point of discharge. 5. A "visual" observation, for oil and grease monitoring requirements, is observing the discharge to check for the presence of a visible sheen or floating oil. f/ - In the event an oil sheen or floating oil is observed, a grab sample shall be collected, analyzed, and reported. In addition, corrective action shall be taken immediately to mitigate the discharge of oil and grease. 1/ - Where based on a minimum of 5 samples, the permittee demonstrates, to the satisfaction of the Water Quality Control Division, that the level of Total Dissolved Solids (TDS) in the effluent can be calculated based upon the level of electrical conductivity, the permittee may measure and report TDS in terms of electrical conductivity. h/ - Procedure for determining settleable solids is contained in 40 CFR 434.64. The method detection limit for measuring settleable solids under this part shall be 0.4 ml/1. i/ - A new source is generally defined as a coal mine (or major alteration to a coal mine) the construction of which commenced after May 4, 1984. See 40 CFR 434.11(j) for the complete definition. PART I Page 10 Permit No. COG -850000 C. REPORTING REQUIREMENTS 1. Representative Samplin% Samples and measurements taken for the purpose ofmonitoring shall be representative of the monitored discharge. 2. Reporting Monitoring results for each calendar quarter are due by the 28th day of the following month. The results shall be summarized and reported on applicable discharge -monitoring report forms (EPA Form 3320-1), postmarked no later than the due date. If no discharge occurs .during the reporting period "No Discharge" shall be reported. Duplicate signed copies of these and all other reports required herein, shall be submitted to the Regional Administrator and the State at the following addresses: Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Attention:- Permits and Enforcement U. S. Environmental Protection Agency One Denver Place Suite 500 999 18th Street Denver, Colorado 80202-2405 Attention: Water Management Division -Compliance Branch 8WM-C Failure to submit the reports shall constitute a violation of the permit and may constitute grounds for revocation of the permittees authority to discharge under the permit. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304 (h) of the Clean Water Act, and Colorado State Effluent Limitations (10.1.5), under which such procedures may be .required. PART I Page 11 Permit No. COG -850000 C. REPORTING REQUIREMENTS 4. Recording of Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the -following information: (a) The exact place, date, and time of sampling; (b) The dates the analyses were performed; (c) The person(s) who performed the sampling; (d) The person(s) who performed the analyses; (e) The analytical techniques or methods used; and (f) The results of all required analyses. 5. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated' herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report Form (EPA No. 3320-1), or other forms as required by the Division. Such increased frequency shall also be indicated. 7. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Regional Administrator or the State Water Quality Control Division. PART II A. MANAGEMENT REQUIREMENTS PART II Page 12 Permit No. COG -850000 1. Change in Discharge The permittee shall inform the Division (Permits and Enforcement Section) in writing of any intent to construct, install, or alter any process, facility, or activity that is likely to result in a new or altered discharge and shall furnish the Division such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. The permittee shall submit this notice within two (2) weeks after making a determination to perform the type of activity referred to in the preceding paragraph. Process modifications include, but are not limited to, the introduction of any new pollutant not previously identified in the permit, or any other modifications which may result in a discharge of a quantity or quality different from that which was applied for. Following such notice, the permittee shall be required to submit a new CDPS application and the permit may be modified to specify and limit any pollutants not previously limited, if the new or altered discharge might be inconsistent with the conditions of the existing permit. In no case shall the permittee implement such change without first notifying the Division. 2. Special Notifications - Definitions (a) Bypass: The intentional diversion of waste streams from any portion of a treatment facility. (b) Severe Property Damage: Substantial physical damage to property at the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. It does not mean economic loss caused by delays in production. (c) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters. (d) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. PART II Page 13 Permit No. COG -850000 A. MANAGEMENT REQUIREMENTS 3. Noncompliance Notification - a) If, for any reason, the permittee does not comply with or will be unable to comply with any maximum discharge limitations or standards specified in this permit, the permittee shall, at a minimum, provide the Water Quality Control Division and EPA with the following information: (1) A description of the discharge and cause of noncompliance; (ii) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and (iii) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. b) The permittee shall report the following instances of noncompliance orally within twenty-four (24) hours from the time the permittee becomes aware of the noncompliance, and shall mail to the Division a report within five (5) days after becoming aware of the noncompliance: (i) Any instance of noncompliance which may endanger health or the environment; (ii) Any unanticipated bypass; (iii) Any upset which causes an exceedance of any effluent limitation in the permit; (iv) Any spill which causes any effluent limitation to be violated; (v) Daily maximum violations for any toxic pollutants or hazardous substances limited by PART I -A of this permit and specified as requiring 24 hour notification. c) The permittee shall report all other instances of non-compliance not requiring 24-hour notification at the time Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub -paragraph (a) of this section. PART II Page 14 Permit No. COG -850000 A. MANAGEMENT REQUIREMENTS 4. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, the permittee shall promptly submit the relevant application information which was not submitted or any additional information needed to correct any erroneous information previously submitted. 5. Bypass The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but if and only if it is for essential maintenance to assure efficient operation. Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life= personal injury, or severe property damage; and (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (c) The permittee submitted notices as required in "Bypass Notification", Part II.A.6. 6. Bypass Notification If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date of the bypass, to the Division and the Environmental Protection Agency (EPA). The bypass shall be subject to Division approval and limitations imposed by the Division and EPA. PART II Page 15 Permit No. COG -850000 A. MANAGEMENT REQUIREMENTS 7. Upsets (a) Effect of an upset An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action 'subject to judicial review. (b) Conditions necessary for a demonstration of upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the specific cause(s) of the upset; (ii) The permitted facility was at the time being properly operated; and (iii) The permittee submitted notice of the upset as required in Part II A.3 of this permit (24-hour notice). (iv) The permittee complied with any remedial measures required under Section 122.7(d) of the federal regulations. (c) Burden of proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. PART II Page 16 Permit No. COG -850000 A. MANAGEMENT REQUIREMENTS 9. Minimization -of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters. of the State resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 10. Discharge Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 11. Reduction, Loss, or Failure of Treatment Facility The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an alternative method of treatment is provided. This provision for example, applies to power failures, unless an alternative power source sufficient to operate the wastewater control facilities is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 12. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. 13. Discharge Effluent Sampling Discharge points shall be so designed or modified that a sample of the effluent can be obtained at a point after the final treatment process and prior to discharge to state waters. PART II Page 17 Permit No. COG -850000 A. MANAGEMENT REQUIREMENTS 14. Signatory Requirement All reports required for submittal shall be signed and certified for accuracy by the permittee in accord with the following criteria: a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; b) In the case of a partnership, by a general partner; c) In the case of a sole proprietorship, by the proprietor; d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee. B. RESPONSIBILITIES 1. Inspections and Right to Entry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representative, upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to and copy any records required to be kept undei the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and PART II Page 18 . Permit No. COG -850000 B. RESPONSIBILITIES 1. Inspections and Right to Entry (Continued) (c) To enter upon the permittees premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violation, access to any and all facilities or areas within the permittees premises that may have any affect on the discharge, permit, or alleged violation. (d) The Division shall split a sample with the permittee if requested to do so by the permittee. 2. Duty'to Provide Information The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish tb the Division, upon request, copies of records required to be kept by this permit. .3. Transfer of Ownership or Control A permit may be transferred to a new permittee if: (a) The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and (b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and (c) The current permittee has met all fee requirements of the State Discharge Permit System Regulations, Section 6.16.0. 4. Availability of Reports Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the State Discharge Permit System 6.6.4 (2), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the State Water Quality Control Division and the Regional Administrator. PART II Page 19 Permit No. COG -850000 B. RESPONSIBILITIES 5. Modification, Suspension, or Revocation of Permits B the Division All permit modifications, terminations or revocation and reissuance actions shall be subject to the requirements of the State Discharge Permit System Regulations, Sections 6.6.2, 6.6.3, 6.8.0 and 6.16.0, 5 C.C.R. 1002-2, except for minor modifications. Minor modifications may only correct typographical errors, require a change in the frequency of monitoring or reporting by the permittee, change an interim date in a schedule of compliance or allow for a change in ownership or operational control of a facility including addition, deactivation or relocation of discharge points where the Division determines that no other change in the permit is necessary. (a) This permit may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: (i) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or (ii) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or (iii) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit; or (iv) Control regulations promulgated. (b) A certification may be modified, suspended, or revoked in whole or in part during its term for reasons determined by the Division including but not limited to, the following: (i) Violation of any terms or conditions of the permit; (ii) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; or PART II Page 20 Permit No. COG -850000 B. RESPONSIBILITIES 5. Modification, Suspension, or Revocation of Permits By the Division (Continued) (b) (Continued) (iii) Materially false or inaccurate statements or information in the application for the permit; or (iv) Data submitted pursuant to Part I.B indicates a potential for violation of adopted Water Quality Standards or stream classifications. (c) The certification for the individual facility authorizing discharge under the general permit may be modified to allow for a change in ownership or operational control of a facility including addition, deactivation or relocation of discharge points where the division determines no change in the general permit is necessary. (d) At the request of the permittee, the Division may modify, or terminate a certification if the following conditions are met: (1) In the case of termination, the permittee notifies the Division of its intent to terminate the certification 90 days prior to the desired date of termination; (11) In the case of termination, the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State. (111) The Regional Administrator has been notified of the proposed modification or termination and does not object in writing within thirty (30) days of receipt of notification; (iv) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or termination; (v) Fee requirements of Section 6.16.0 of State Discharge Permit System Regulations have been met; and (vi) Requirements of public notice have been met. PART II Page 21 Permit No. COG -850000 B. RESPONSIBILITIES 6. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (0i1 and Hazardous Substance Liability) of the Clean Water Act. 7. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 8. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. 9. Property Rights The issuance of this permit does not convey any property or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 10. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 11. Renewal Application If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty (180) days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this permit, the Division should be promptly notified so that it can terminate the permit in accordance with Part II.B.5. PART II Page 22 Permit No. COG -850000 B. RESPONSIBILITIES 12. Confidentiality Any information relating to any secret process, method of manufacture or production, or sales or marketing data, which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this Subsection (2) shall bear the burden of proving its applicablility. This section shall never be interpreted as preventing full disclosure of effluent data. 13. Fees The permittee is required to submit payment and annual fee as set forth in the 1983 amendments to the Water Quality Control Act. Section 25-8-502 (1) (b), and State Discharge Permit Regulations 5CCR 1002-2, Section 6.16.0 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. 14. Requiring an Individual CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if: (a) The discharger is not in compliance with the conditions of this General Permit; or, (b) Conditions or standards have changed so that the discharge no longer qualifies for a General Permit; or, (c) Data becomes available which indicates water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the applicability of the General Permit to that owner or operator is automatically terminated upon the effective date of the individual CDPS permit. PART II Page 23 Permit No. COG -850000 B. RESPONSIBILITIES 15. Requesting an Individual CDPS Permit Any owner or operator covered by this General Permit may request to be excluded from the coverage by applying for an individual CDPS permit. 16. Requesting Coverage Under the General Permit The owner or operator of a facility excluded from coverage by this General Permit solely because that facility already has an individual permit may request that the individual permit be revoked and that the facility be covered by this General Permit. Such request shall be evaluated by the Division per criterion specified in Part I of this permit. PART II N OI H Page 24 of 25 Permit No.: COG -850025 , li. . \..„ ....___ „..,... , 1 _....„....,____,„ r.._...._.„. ...„.„... 4.4. Nw.7.7,- _ ......___ .. wry\ \ foe n n I. I 6 ;4 y • m I\ 1 Tel 0 A. 1I\ L Ji�si4 /N ci ryNW(1 , M T C) \ 2 Z E C _(-) DCC) 0 rx. 0 PI d 0 > XiCO C 0 m c �. < _ I Z NO 0 a z 0 0 z z n 0 z c L N z n 3 z CD w rr (D 0 p3 a 0 0 rr NOIIYNV1JX3 E • Xi tO LY '6Z N UZ (.0— mm❑ in a. ANN PART II Page 25 of 25 Permit No.: CO -850025 r W W Ls. 3 Z Cl Q ifg ;:, 1--- t \, I i a 0 m"777-11 ct ca in co il / 4 Newcastle Energy Corporation - Lacy Loadout Facility Diagram COLORADO DEPARTMENT OF HEALTH Water Quality Control Division 4210 East llth Avenue Denver, Colorado 80220 RATIONALE COAL MINING FACILITIES (SURFACE RUNOFF ONLY) GENERAL PERMIT IN COLORADO COLORADO DISCHARGE PERMIT NUMBER COG -850000 Facilities performing coal mining activities -are located along many streams in the State of Colorado. Waters discharged from coal mining facilities are subject to the requirements of the State of Colorado Water Quality Control Act, 1973 as amended. Regulations of the Colorado Discharge Permit System, (CCR, Title 5, Chapter 1002-2) and Title 40 Part 434 of the Code of Federal Regulations (40 CFR 434) specify the wastewater discharge requirements for this industry. Section 6.10.2 of the Colorado Discharge Permit System Regulations provides for the issuance of General Permits where covered facilities: 1. Are within prescribed geographical boundaries; 2. Involve substantially the same type of operating conditions; 3. Discharge the same type of waste; 4. Require the same effluent limitations or operating conditions; 5. Require similar monitoring; and 6. Are more appropriately controlled under a General Permit than individual permits. INDUSTRY DESCRIPTION: The coal mining industry includes facilities that may be involved in the extraction, processing and out -loading of coal. Various facilities perform one or more of these operations. Coals are classified based on the fixed carbon content, the volatile matter fraction, and the heating value. The general classification ranks are lignite, subbituminous, bituminous, and anthracite. The primary end uses for coal are for combustion in steam boilers and for metallurgical coke ovens. In Colorado there are approximately 70 facilities involved in the extraction (mining) of coal and/or processing (preparation) of coal. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 2. PERMIT NUMBER: COG -850000 INDUSTRY DESCRIPTION: Coal is mined in the state using both surface mining and underground mining methods. In surface mining the coal is located relatively close to the surface. The overburden and topsoil are removed using equipment such as truck -mounted shovels, bulldozers, and wheeled tractor scrapers and later replaced or reclaimed. Surface mining is typically accomplished using a dragline. Underground mining methods are used for coals located farther under the surface where the removal of the overburden is not economically feasible. Underground mining involves blasting down to the coal, drilling and cutting to extract the coal, and removing coal using equipment such as conveyors or shuttle cars. The raw coal or "run -of -mine" coal may require processing prior to use. This processing is referred to as coal preparation. Coal preparation is the process of upgrading raw coal by physical means and includes crushing, sizing, cleaning, and refuse disposal operations. The initial step in the coal preparation process often involves crushing of the coal with crushers or pulverizers to remove large rock fractions and to free impurities suchas clay, rock, and pyrite from the coal. The coal is then sized using equipment such as screens, cyclones, and separators. Different crushing and sizing techniques are used for fine coal and coarse coal processing. Coal cleaning is a preparation process performed to improve product standardization, to increase the heating value of the coal, and to reduce the ash and sulfur content of the coal. Coal cleaning processes include both wet and dry cleaning methods. However, many coal preparation plants use water in the separation process. The mining of coal does not involve the use of water other than small amounts for dust control and equipment cooling. The major sources of water entering the mine area are precipitation, groundwater infiltration, and surface runoff. Water is considered to be a hinderance to mining activities and the removal of water from the active mine area is generally required to ensure the efficiency and safety of the mining operation. For underground mines removal involves pumping the water out of the mine area. The majority of the coal preparation processes use water. The amount of water used at coal preparation facilities varies widely depending on the degree of cleaning, the equipment or processes used, and the characteristics of the raw coal. Examples of unit operation requiring water include wet screening, tables, jigs, cyclones, gravity and heavy media separation. Additionally, water is used for equipment cooling, dust control, and as a transport medium for the coal between process units. The major types of wastewater in the coal mining industry are: 1. Mine Drainage - Any drainage and any water pumped or siphoned from an active mining area or postmining area. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 3. PERMIT NUMBER: COG -850000 The major types of wastewater in the coal mining industry are: (Continued) 2. Surface Runoff - Precipitation -induced runoff from an active mining area including runoff from coal storage piles, preparation plants, refuse piles, loadout facilities and other disturbed areas; also precipitation - induced runoff from the revegetating surface of a post -mining area. COVERAGE UNDER THIS PERMIT: Under this general permit, owners and operators of coal mining facilities may be granted authorization to discharge into the waters of the State of Colorado provided the sources of wastewater from these facilities are limited to precipitation -induced runoff. This general permit does not cover coal mining facilities with discharges such as mine drainage, a domestic sewage treatment plant discharge, spoils spring wastewater, or coal preparation plant water. Discharge permits for these facilities will be issued on an individual basis. The following list shows additional criteria which will be used in evaluating whether or not an individual permit may be required instead of a general permit: 1. Proximity of the operation to a landfill or mine or mill tailings; 2. Evidence of non-compliance under a previous permit for the operation; 3. Presence of downstream drinking water intakes; 4. Preservation of high quality water; 5. Addition of flocculants (settling agents or chemical additives) to water prior to discharge; 6. Use of land application as a means of discharge (other than for dust control). This permit does not constitute authority under the provisions of 33 USC 1344 (Section 404 of the Clean Water Act) for any dredging or filling operations. DURATION OF THIS PERMIT: This permit is issued for a period of approximately 5 years. The permittee's authority to discharge under this permit is approved until the expiration date of the general permit. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 4. PERMIT NUMBER: COG -850000 APPLICATION AND CERTIFICATION: The owner, operator and/or authorized agent for a facility shall submit an application as provided by the Water Quality Control Division. This application will be evaluated utilizing the criteria outlined previously. If the general permit is applicable to the applicant's operation, then a rationale will be developed and the applicant will be certified under the general permit. The rationale shall include the name and address of the contact person, a discussion of compliance under any previous permit, if applicable, the receiving water for the discharge, number of outfalls, a determination of the need for salinity monitoring and a statement of whether active mining or post -mining limitations apply to each outfall. If after evaluation of the application, it is found that the general permit is not applicable to the operation, then the application will be processed as one for an individual permit. Every applicant will be of the Division's decision. For an individual permit, 180 days will be required to process the application and issue the permit. In this case discharge cannot take place until the permit is issued and becomes effective. Addition or deletion of a sedimentation pond/outfall will require separate application, which will be subject to the 30 -day time frame also. If after evaluation of the application for an existing source with a valid. permit, it is found that the general permit is not applicable to the operation, then the applicant will continue operation under the existing individual permit. If a facility operating under the general permit encounters mine drainage or other source not covered by this general permit, it will be necessary to apply for an individual permit. Coverage will continue under the general permit until issuance of the individual permit. The general permit itself contains the effluent limitations and the monitoring requirements for the authorized outfalls. The following text details the. rationale for the conditions of the general permit. EFFLUENT LIMITATIONS: Effluent limitations are based on State Effluent Standards (SES), State Water Quality Standards (WQS), Federal Best Practicable Control Technology (BPT), and Federal Best Available Technology Economically Achievable (BAT) or Federal New Source Performance Standards (NSPS). Briefly, a new source is a facility or a major alteration to a facility which was constructed after May 4, 1984. Tables 1 and 3 present a comparison of appropriate limitations (active mining/post- mining respectively). Tables 2 and 4 show limitations selected as being the most stringent of those in Tables 1 and 3, with the exception of Total Suspended Solids (TSS). The reason for the selected TSS limitation is explained after the tables. Some of the limitations shown in Tables 2 and 4 may be exempted under certain conditions upon submission by the permittee and approval by the division of specific proof. A detailed explanation follows the tables. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 5. PERMIT NUMBER: COG -850000 EFFLUENT LIMITATIONS: (Continued) - ACTIVE MINING - Table 1 (Applicable Regulations) Parameter Flow (MGD) pH (s.u.) Oil and Grease (mg/1) Total Suspended Solids (mg/1) Total Iron (mg/1) Settleable Solids (m1/1) Total Dissolved Solids (mg/1) (Colo. River Basin) Total Phosphorus, as P (mg/1) SES 6.0 - 9.0 10 30/45 N/A N/A BPT BAT Monitoring Only 6.5 - 9.0 N/A N/A N/A N/A NSPS 6.0 - 9.0 N/A N/A N/A 35/70 N/A 3.5/7.0 3.5/7.0 N/A 0.5 6.0 - 9.0 N/A 35/70 3.0/6.0 N/A ------Monitor per Colo. Salinity Regulations ------Monitoring Dillon Reservoir Basin Only Table 2 (Final Limitations) Parameter Limitation Flow (MGD) pH (s.u.) Oil and Grease (mg/1) Total Suspended Solids (mg/1) Total Iron (mg/1) (Existing Sources) Total Iron (mg/1) (New Sources) Settleable Solids (ml/1) Total Dissolved Solids (mg/1) (Colo. River Basin) Total Phosphorus, as P (mg/1) (Dillon Reservoir basin only) Parameter Report 6.5-9.0 10 35/70 3.5/7.0 3.0/6.0 0.5 Report Report - POST -MINING - Table 3 (Applicable Regulations) Flow (MGD) pH (s.u.) Oil and Grease (mg/1) Settleable Solids (m1/1) Total Dissolved Solids (mg/1) (Colo. River Basin) Total Phosphorus, as P (mg/1) SES 1121 BPT Monitoring Only Basis Monitoring WQS SES BPT BAT NSPS BAT Only Monitoring Only Monitoring Only BAT NSPS 6.0 - 9.0 6.5 - 9.0 6.0 - 9.0 N/A 10 N/A N/A N/A N/A N/A N/A 0.5 6.0 - 9.0 N/A 0.5 ------Monitor per Colo. Salinity Regulations ------Monitoring Dillon Reservoir Basin Only COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 6. PERMIT NUMBER: COG -850000 EFFLUENT LIMITATIONS: (Continued) Parameter Table 4 (Final Limitations) Limitation Basis Flow (MGD) Report Monitoring Only pH (s.u.) 6.5-9.0 WQS Oil and Grease (mg/1) 10 SES Settleable Solids (ml/1) 0.5 BAT/NSPS Total Dissolved Solids (mg/1) (Colo. River Basin) Report Monitoring Only Total Phosphorus, as P (mg/1) Report Monitoring Only (Dillon Reservoir basin only) Active Mining Limitations for pH and oil and grease apply to all discharges, regardless of precipitation conditions. Additionally, TSS and total iron limitations apply unless exempted as described herein. The permittee may submit documentation proving that discharge was precipitation induced. Upon acceptance by the division of said proof, the settleable solids limitation will apply in place of the TSS and total iron limitations. Similarly, upon acceptance of proof that discharge was caused by precipitation greater than the 10 -year, 24-hour event (or equivalent snowmelt volume) compliance with TSS, total iron and settleable solids limitations will be exempted. This means such a discharge would be subject to pH and oil and grease limitations only. The division allows these exemptions for a period up to 48 hours after measurable rainfall has stopped or, for snowmelt, within 48 hours after inflow to the sedimentation pond has ceased. After such time, TSS and total iron limitations shall be met. Example 1: The area served by sedimentation pond and outfall 002 receives 1.4 inches of rainfall during one 24-hour period (the 10 -year, 24-hour event for this site is 1.7 inches). The permittee collects samples at the outfall 18 hours after rainfall has ceased. The permittee submits rain gauge data with the sample results to the division and requests that the settleable solids limitation be substituted for TSS and total iron limitations. Upon acceptance of the proof, the division will determine compliance with settleable solids limitation and disregard TSS and total iron results. The division requires monitoring for all parameters regardless of whether an exemption is sought. 1 COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 7. PERMIT NUMBER: COG -850000 Post Mining As with active mining, pH and oil and grease limitations apply to all discharges regardless of precipitation conditions. But, for post -mining discharges, the settleable solids limitation applies unless exempted as described above. Exemption is only available when discharge is caused by precipitation greater than the 10 -year, 24-hour event (or equivalent snowmelt volume). Example 2: The post -mining area served by pond and outfall 004 receives snowmelt volume during one 24-hour period (as measured by continuous influent recorder) greater than the 10 -year, 24-hour equivalent volume. The permittee collects samples while inflow is occurring to the pond. The permittee submits the results along with flow totalizer data and requests an exemption from the settleable solids limitation. Upon acceptance of the proof, the division will determine compliance with the pH and oil and grease limitations only. Snowmelt greater than 10 --year 24-hour event Section 40 CFR 434.63(d)(2) states that the exemption from TSS, total iron and settleable solids limitations is available only for discharges "caused by precipitation within any 24-hour period greater than the 10 -year 24-hour precipitation event (or snowmelt of equivalent volume)." Thus for snowmelt, pond inflow volume must be greater than the 10 -year, 24-hour event equivalent volume regardless of effluent volume). Thus, the permittee must be able to submit documentation showing that the total volume over a 24-hour period into a pond is greater than the 10 -year, 24-hour event equivalent volume. Continuous inflow volume monitoring is typically required for this demonstration. The division allows this exemption for an additional 48 hours to allow the pond to stabilize. Other WQS-Based Parameters Surface runoff discharges from coal mining facilities are intermittent and normally occur during periods when receiving waters are well above low flow. The Colorado Mined Land Reclamation Division and the State Engineers Office typically require ponds to be dewatered within 24 to 36 hours after a storm event. For these reasons no WQS-based limitations other than pH are deemed necessary at this time to protect instream beneficial uses. Total Suspended Solids The State Effluent Limitation Regulations dictate that where Federal Effluent Guidelines exist they shall take precedence over SES. This is the reason for selection of BPT-based TSS limitations. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 8. PERMIT NUMBER: COG -850000 Salinity Regulation 3.10.0, Regulations for Implementation of the Colorado River Salinity Standards Through the Colorado Discharge Permit Program, addresses the discharge of total dissolved solids (TDS) to the Colorado River Basin. It is a requirement of the regulation that the TDS level of each discharge in the Colorado River Basin be evaluated for impact on the system. Generally, the net impact of TDS to the basin from coal mining surface runoff treatment facilities is negligible due to the intermittent nature of the discharger. Nonetheless, the division reserves the right to refuse the certification to the general permit if it appears that the discharge will not be consistent with the regulations. Settling Agents Because of the wide variety of available chemical flocculants, the use of such settling aids must be subject to prior approval by the permitting authority. Additionally, if over -application of a flocculant appears to be a problem, revocation of the general permit discharge certification may be warranted. Phosphorus Individual permits will be required for any facilities in the Cherry Creek Basin upstream of Cherry Creek Reservoir or in the Chatfield Basin which is defined as downstream of the USGS gage at Waterton for the South Platte River or in the Plum Creek drainage. This determination is based on controls established (or in the process of being established) to maintain the phosphorus standard in Cherry Creek Reservoir and Chatfield Reservoir. The management plan for maintaining the phosphorus standard in Dillon Reservoir recommends total phosphorus monitoring for minor industrial discharges including coal mining facilities. Therefore phosphorus monitoring shall be required for those facilities which discharge into the Dillon Reservoir drainage. Individual certifications shall state if this requirement applies to the specific facility. If monitoring shows the facility to contribute significantly, the permittee may be required to obtain an individual permit. MONITORING FREQUENCIES: For active mining, pH, oil and grease and flow monitoring is required by the permittee on a weekly basis. TSS, total iron and settleable solids are to be monitored monthly. For post -mining, pH, oil, and grease, flow and settleable solids are to be monitored monthly° The division requires less frequent monitoring for post -mining discharges because no activity takes place on site, reclamation including revegetation has begun and therefore effluent quality should vary little. Quarterly TDS monitoring is required for all discharges to the Colorado River Basin in compliance with the Colorado River Salinity Regulations. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 9. PERMIT NUMBER: COG -850000 MONITORING FREQUENCIES: (Continued) As described earlier, the permittee is required to monitor all parameters, regardless of whether precipitation exemptions are sought. The permittee must submit an exemption request and supporting 'proof' with the monitoring data. The division will approve or deny the exemption request. If denied, then the permittee will be expected to meet the primary parameters (TSS and total iron for active mining, settleable solids for post -mining). REPORTING: Discharge monitoring reports (DMRs) are to be submitted on a quarterly basis. If no discharge occurred during the quarter, the DMR should state "No discharge during this reporting period." See Part I.0 of the permit for additional requirements. MATERIALS CONTAINMENT: As most facilities provide bulk storage of some volume of petroleum products or other chemicals, the permit will require adequate protection of such facilities so as to prevent loss of these materials into state waters. Such protection can take various forms, however, diking in most cases will prove to be the most cost effective. This provision is required as the division interprets proper operation as properly addressing potential pollutant sources before problems occur. CHANGES IN DISCHARGE POINTS: Any time the permittee wishes to change the location of an outfall, add or deactivate outfalls, or change an outfall from active to post -mining; it will be necessary for the permittee to submit an amendment request. Upon approval, the division will issue an updated certification. • Jon Ruble April 30, 1987 COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 10. PERMIT NUMBER: COG -850000 PUBLIC NOTICE COMMENTS: EPA commented on the draft permit. Their main comment concerned the definitions for 30 -day average and 7 -day average limitations. The Division has modified these definitions to comply with 40 CFR 122.2 and Section 10.1.0 of 5CCR 1002-3. The newdefinitions apply an average of all samples measured during the month. The significance of this is that if only one sample is collected, the results must meet the limitation. If the iinitial result is high, the permittee is encouraged to perform additional sampling in an effortto lower the arithmetic mean. However, the monthly average reported must be based on all sampling results, and must utilize all additional data regardless of the results. STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 303 866-3567 FAX: 303 832-8106 MINING PERMIT - COAL PERMIT REVISION DECISION FORM Roy Romer, Governor Fred R. Banta. Division Director The Mined Land Reclamation Division, Department of Natural Resources, State of Colorado has proposed the decision stated below. The decision will become effective upon the termination of the thirty (30) day public comment period, pursuant to Rule 2.07.4(3)(c). Permit No.: C-84-065 Permit Revision No.: 001 :Submittal Date: March 9, 1990 Decision Date: October 19,1990__- = =- Revision Decision Type: Approve, in part, with conditions - -----. --Mine : Coal Ridge No. 1 _ Permittee: New Castle Energy Corporation --Description of Revision: Reactivate Mining Operation ---Change in Bond Amount (+/=) =0- $ -- Area Changes Disturbed Area (-) 47.3 Ac. Max. Disturbed Area (-) 140.0 Ac. .-_-.. Affected Area (+) 2,403.0 Ac. Permit Area (-) 1,110.0 Ac. Federal Land (-) 2700 Ac. State Land (+/-) .0 Ac. Private Land (+) 890 Ac. Revised App1-icati-on—Pages=Entire=-Appl-i cati on - Revised Maps PERMITTEE MINE' :ND RECLAMA C! ORAD AR Authorized Representative DATE: Divi ion Director 'W./ -e qc.� Stipulations Attached Yes X No Written Findings Attached Yes X No 1If this action pertains to a federal mine (coal or surface ownership) the permittee must send seven copies of the approved permit revision to the Office of Surface Mining. For non -Federal mines 1 copy of the revision must be sent certified mail to OSM at Suite 310, 625 Silver Avenue SW, Albuquerque, New Mexico 87102. The project may not proceed until all copies have been sent. 8982G List of Stipulations Resulting from this Permit Revision Approval: STIPULATION NO. 16 IN THE EVENT THAT NEW CASTLE ENERGY CORPORATION'S (NCEC) LAND USE PERMITS ARE INVALIDATED, NCEC SHALL COMPLETE RECLAMATION OF THE SITE WITHIN SIX MONTHS OF THE DATE OF INVALIDATION UNLESS THE DIVISION MAKES A WRITTEN FINDING TO EXTEND THE PERIOD OF TEMPORARY CESSATION. THE DIVISION'S FINDING SHALL BE BASED UPON INFORMATION SUBMITTED BY NCEC TO THE DIVISION DEMONSTRATING THAT GOOD CAUSE EXISTS TO ALLOW FOR AN EXTENDED PERIOD OF TEMPORARY CESSATION. STIPULATION NO. 17 FOLLOWING DIVISION INSPECTION OF THE AREA OF WELL OW -4L, THE APPLICANT SHALL WITHIN 60 DAYS EITHER A) IF THE WELL HAS NOT BEEN LOCATED, SUBMIT A REPORT IN COMPLIANCE WITH RULE 4.07.3(3) WHICH DESCRIBES THE CIRCUMSTANCES BEHIND LOSS OF THE WELL, OR B) RECLAIM THE WELL IN ACCORDANCE WITH 4.07.3. STIPULATION NO. 18 WITHIN 180 DAYS OF PERMIT ISSUANCE, THE APPLICANT SHALL RESURVEY ALL EXISTING TOPSOIL STOCKPILES, AND DETERMINE WHETHER A 16 INCH REPLACEMENT DEPTH IS POSSIBLE. IF IT IS DETERMINED NOT TO BE POSSIBLE, THE RECLAMATION PLAN SHALL BE MODIFIED ACCORDINGLY. STIPULATION NO. 19 SPECIES DIVERSITY ON AREAS RECLAIMED TO NATIVE VEGETATION SHALL BE DEEMED SUCCESSFUL IF THE PERMITTEE ESTABLISHES AT LEAST FOUR (4) COOL SEASON GRASSES AND TWO (2) FORBS WITH EACH SPECIES NOT REPRESENTED BY MORE THAN THREE (3)% RELATIVE COVER OR MORE THAN 40% RELATIVE COVER. COVER TO BE DETERMINED BY MEASUREMENTS MADE FROM VEGETATIVE COVER DATA ASSEMBLED DURING SAMPLING FOR MONITORING OR REVEGETAION SUCCESS DETERMINATIONS. STIPULATION NO. 20 WITHIN SIX MONTHS OF THE FINAL APPROVAL DATE OF THIS REVISION, THE PERMITTEE WILL SUBMIT A DETAILED DESIGN PLAN FOR THE COAL MINE WASTE DISPOSAL STRUCTURE AS REOUIRED BY RULE 2.05.3(8)(ii). CONSTRUCTION OF THE STRUCTURE WILL NOT BEGIN UNTIL THE DIVISION HAS APPROVED THE DETAILED DESIGN, IN WRITING. STIPULATION NO. 21 IN ORDER TO MONITOR THE VOLUME OF COAL MINE WASTE MATERIAL DISPOSED OF IN THE APPROVED PILE, THE STRUCTURE WILL BE SURVEYED BY A OUALIFIED REGISTERED ENGINEER DURING EACH OUARTERLY SITE INSPECTION REOUIRED BY RULE 4.10.2. THE PERMITTEE WILL SUBMIT A COMPLETE PERMIT REVISION APPLICATION ADDRESSING ALTERNATIVE COAL MINE WASTE DISPOSAL PLANS BEFORE THE VOLUME OF MATERIAL IN THE APPROVED PILE EXCEEDS 10,000 CUBIC YARDS. IF NO ALTERNATIVE WASTE DISPOSAL PLAN IS APPROVED, MINING OPERATIONS WILL CEASE WHEN THE APPROVED DISPOSAL PILE VOLUME REACHES 15,000 CUBIC YARDS, AND THE PERMITTEE WILL INITIATE AND COMPLETE RECLAMATION OF THE ENTIRE MINE SITE WITHIN SIX MONTHS OF THE CESSATION OF MINING. 8982G Proposed Decision and Findings of Compliance for Permit Revision No. 1 Coal Ridge No. 1 Mine C-84-065 Colorado Mined Land Reclamation Division Fred R. Banta, Director prepared by William B. Crick, Reclamation Specialist October 1990 Table of Contents Page Introduction 1 Proposed Decision 2 List of Stipulations 2 4 5 Summary of the Review Process Description of the Environment Findings of the Colorado Mined Reclamation Division for the Land Coal Ridge No. 1 Mine 6 I. Legal, Financial, and Compliance Information, Rule 2.03 . . . 6 II. Land Use - Rules 2.04.3, 2.05.5, and 4.15 . . . . .-. . . . . 6 III. Cultural and Historic Resources - Rules 2.04.4 and 2.05.6(4). 7 IV. Geology - Rules 2.04.5 and 2.04.6 8 V. Hydrologic Balance - Surface Water - Rules 2.04.4, 2.04.7, 2/-5/3. 2/-5/4. and 4/-5 8 VI. Water Rights and Replacement - Rules 2.04.3(7) and 4.05.15. 9 VII. Hydrologic Balance: Ground Water - Rules 2.04.5, 2.04.7, 2.05.4(2)(h), 2.05.6(1), and 4.17 9 VIII. Probable Hydrologic Consequences of Mining and Cumulative Hydrologic Impact Assessment - Rules 2.05.6(3) and 2.07.6(2). 10 IX. Alluvial Valley Floors - Rules 2.06.8 and 4.24. ... . . . 20 X. Climatological Information and Air Resources - Rules 2.04..8, 2.05.4(2)(h), 2.05.6(1), and 4.17 21 XI. Topsoil - Rules 2.04.9, 2.05.3(5), 2.05.4(2)(d), and 4.06 . 21 XII. Vegetation - Rules 2.04.10, 20.5.4(2)(e). and 4.15 22 XIII. Fish and Wildlife - Rules 2.04.11, 2.05.6(2), and 4.18. . . 23 XIV. Prime Farmlands - Rules 2.04.12, 2.06.6, and 4.25 23 XV. Operation Description - Rules 2.05.2, 2.05.3(1), 2.05.3(2), and 4.01 24 XVI. Explosives - Rules 2.05.3(6)(a) and 4.0824 XVII. Backfilling and Grading - Rules 2.05.2(6)(b), 2.05.3(2)(a), 2.05.4(2)(c), 4.09, 4.13, and 4.14 24 XVIII. Coal Mine Waste and Non -Coal Waste - Rules 2.05.3(8), 2.05.4(2)(f), 4.10, and 4.11 25 XIX. Mine Facilities, Coal Handling Structures, and Support Facilities - Rules 2.05.3(3), 2.05.3(7), and 4.04 • 26 XX. Roads - Rules 2.05.3(3) and 4.03 27 XXI. Bonding - Rule 2.05.4(2)(b) 27 XXII. Sealing of Drilled Holes and Underground Openings - Rules 2.05.4(2)(g) and 4.07 27 XXIII. Subsidence - Rules 2.05.6(6) and 4.20 Z7 XXIV. Special Categories of Mining - Rules 2.06, 4.22, 4.23, 4.27, 4.28, and 4.29 28 XXV. Miscellaneous Compliance - Rules 2.03.3, 2.05.6(5), 4.02, 4.12, 4.19, 4.21, 4.28, and 4.30 28 XXVI. Operations on Lands Subject to Limitations or Prohibitions - Rules 2.03.7 and 2.10 Z8 -i- Page XXVII. Demonstration that Surface Coal Mining and Reclamation Operations can be Feasibly Accomplished - Rules 2.07.6(2)(b). 28 XXVIII. Compatibility with Anticipated Adjacent Operations - Rule 2.07.6(2)(i) 28 XXIX. Reclamation Fees Required by 30 CFR, Chapter VII, Subchapter R - Rule 2.07.6(2)(o) 28 Response to citizen concerns received during the review 29 Introduction This document is the decision package prepared by the Colorado Mined Land Reclamation Division (the Division) for the Coal Ridge No. 1 Mine. This document includes: 1) the proposed decision to approve in part with Stipulations the permit revision application; 2) a summary which includes a history of the review of the permit application, a description of the environment affected by the operation and a description of the mining and reclamation plan; 3) the written findings of compliance the Division has made as required by the Colorado Surface Coal Mining Reclamation Act; and 4) a brief synopsis of the comments received from the public during the review and the Division's response to the comments. Detailed information concerning the findings of compliance can be found in the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. The Division received an application for a permit revision at the Coal Ridge No. 1 Mine. The application was submitted by New Castle Energy Corporation. The mine is located on private lands within Garfield County, Colorado. The legal description of the lands included within the permit area proposed for approval is: All or portions of Sections 5, 6, 7, 8, 9, 10, 16, T6S, R9OW; and Sections 1 and 12 of T6S, R91 W. The loadout facility which is not being proposed for approval is located within Section 23, T6S, R94W. -2 - Proposed Decision In accordance with Sec. 34-33-114(1), the Colorado Mined Land Reclamation Division proposes to approve in -part, with stipulations, a Permit Revision application to conduct coal mining and reclamation operations submitted by New Castle Energy Corporation, Inc, for the Coal Ridge No. 1 Mine. The permit term is to be five years. This decision is based upon the finding that the operations proposed to be approved will comply with all requirements of the Colorado Surface Coal Mining Reclamation Act, C.R.S. 1973, as amended, 34-33-101 et seq., and the regulations promulgated pursuant to the Act. The permit application, these findings, the stipulations and previous decision documents for the mine will become a binding part of the permit upon approval. The stipulations for the Coal Ridge No. 1 Mine are as follows: STIPULATION NO. 16 IN THE EVENT THAT NEW CASTLE ENERGY CORPORATION'S (NCEC) LAND USE PERMITS ARE INVALIDATED, NCEC SHALL COMPLETE RECLAMATION OF THE SITE WITHIN SIX MONTHS OF THE DATE OF INVALIDATION UNLESS THE DIVISION MAKES A WRITTEN FINDING TO EXTEND THE PERIOD OF TEMPORARY CESSATION. THE DIVISION'S FINDING SHALL BE BASED UPON INFORMATION SUBMITTED BY NCEC TO THE DIVISION DEMONSTRATING THAT GOOD CAUSE EXISTS TO ALLOW FOR AN EXTENDED PERIOD OF TEMPORARY CESSATION. STIPULATION NO. 17 FOLLOWING DIVISION INSPECTION OF THE AREA OF WELL OW -4L, THE APPLICANT SHALL WITHIN 60 DAYS EITHER A) IF THE WELL HAS NOT BEEN LOCATED, SUBMIT A REPORT IN COMPLIANCE WITH RULE 4.07.3(3) WHICH DESCRIBES THE CIRCUMSTANCES BEHIND LOSS OF THE WELL, OR B) RECLAIM THE WELL IN ACCORDANCE WITH 4.07.3. STIPULATION NO. 18 WITHIN 180 DAYS OF PERMIT ISSUANCE, THE APPLICANT SHALL RESURVEY ALL EXISTING TOPSOIL STOCKPILES, AND DETERMINE WHETHER A 16 INCH REPLACEMENT DEPTH IS POSSIBLE. IF IT IS DETERMINED NOT TO BE POSSIBLE, THE RECLAMATION PLAN SHALL BE MODIFIED ACCORDINGLY. STIPULATION NO. 19 SPECIES DIVERSITY ON AREAS RECLAIMED TO NATIVE VEGETATION SHALL BE DEEMED SUCCESSFUL IF THE PERMITTEE ESTABLISHES AT LEAST FOUR (4) COOL SEASON GRASSES AND TWO (2) FORBS WITH EACH SPECIES NOT REPRESENTED BY MORE THAN THREE (3)% RELATIVE COVER OR MORE THAN 40% RELATIVE COVER. COVER TO BE DETERMINED BY MEASUREMENTS MADE FROM VEGETATIVE COVER DATA ASSEMBLED DURING SAMPLING FOR MONITORING OR REVEGETAION SUCCESS DETERMINATIONS. -3 - STIPULATION NO. 20 WITHIN SIX MONTHS OF THE FINAL APPROVAL DATE OF THIS REVISION, THE PERMITTEE WILL SUBMIT A DETAILED DESIGN PLAN FOR THE COAL MINE WASTE DISPOSAL STRUCTURE AS REQUIRED BY RULE 2.05.3(8)(ii). CONSTRUCTION OF THE STRUCTURE WILL NOT BEGIN UNTIL THE DIVISION HAS APPROVED THE DETAILED DESIGN, IN WRITING. STIPULATION NO. 21 IN ORDER TO MONITOR THE VOLUME OF COAL MINE WASTE MATERIAL DISPOSED OF IN THE APPROVED PILE, THE STRUCTURE WILL BE SURVEYED BY A QUALIFIED REGISTERED ENGINEER DURING EACH QUARTERLY SITE INSPECTION REQUIRED BY RULE 4.10.2. THE PERMITTEE WILL SUBMIT A COMPLETE PERMIT REVISION APPLICATION ADDRESSING ALTERNATIVE COAL MINE WASTE DISPOSAL PLANS BEFORE THE VOLUME OF MATERIAL IN THE APPROVED PILE EXCEEDS 10,000 CUBIC YARDS. IF NO ALTERNATIVE WASTE DISPOSAL PLAN IS APPROVED, MINING OPERATIONS WILL CEASE WHEN THE APPROVED DISPOSAL PILE VOLUME REACHES 15,000 CUBIC YARDS, AND THE PERMITTEE WILL INITIATE AND COMPLETE RECLAMATION OF THE ENTIRE MINE SITE WITHIN SIX MONTHS OF THE CESSATION OF MINING. A noncontiguous portion of the proposed permit area in Lacy, Colorado, is not being proposed for approval at this time. Prior to further consideration for approval of the site, the applicant and Division must provide for public notice and an opportunity for public comment in accordance with Rule 2.07.3. This permit revision relieves the applicant of the obligation to complete reclamation by December 10, 1990. Summary of the Review Process Storm King Mines, Inc. submitted a permit application for the Coal Ridge No. 1 Mine on March 12, 1984 pursuant to Section 34-33-109 of the Colorado Surface Coal Mining Reclamation Act. The permit application was deemed complete on April 3, 1984. The application was reviewed following completeness, and an adequacy letter was sent out on June 4, 1984. Resolution of the identified deficiencies was required in order for the Division to make determinations of compliance with the Act. Subsequently, the Division and the applicant corresponded several times, and the final responses were incorporated into the permit application. As a result, the review process was adequately completed, and the Division approved, in -part, the Coal Ridge No. 1 ,permit application with sti•ulations for a three ear •ermit term on November 9 •: In July 1985, Storm King Mines, Inc. underwent a name change to the New Castle Energy Corporation, Inc. (NCEC). On November 25, 1987, the Division sent notification to NCEC for permit renewal, and on Aril L•:P - -iv -• .6 .•. icati• s permit to conduct coal mining. During the next several months, NCEC attempted to obtain. financial support for continued operation as well as engineering support to resolve numerous adequacy issues identified in earlier reviews. Their efforts were unsuccessful, so on January 17, 1989 NCEC submitted to the -tter formall re•uestin• renewal • •- •- II . •.•• ell n a reclamation. The Division roposed approval of such renewal Qa November 1, 1989, and the new permit was issued on December 10, 1989, far a term of three years. The permit included a condition requiring that the operator backfill grade, seed, and mulc t e is of the site within oneey ar_of permit issuance (by December 10, 1990). The application for Permit Revision No. 1 was submitted by NCEC on March 9, 1990. Because of the many inadequacies remaining from the original mining and reclamation plan, the application was substantially revised and submitted as an entirely new document. The application was deemed complete by the Division on March 19, 1990. The Division completed its preliminary adequacy review on April 27, 1990, with a letter sent to NCEC on that date. Preliminary adequacy responses were received by the Division on May 31, 1990. Following further review by the Division, a second adequacy letter was sent to the applicant on July 25, 1990, and responses to those issues received on August 7, 1990. A third adequacy letter was sent to the applicant on September 4, 1990. Additional adequacy responses were received by the Division on September 13, 1990. An additional adequacy letter was sent to the applicant on October 2, 1990 and responses to these remaining concerns were received October 17, 1990. Considerable public participation in the permit review process took place during the review period. Pursuant to Rule 2.07.4(6) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, an Informal Conference was held in Glenwood Springs on June 21, 1990, and a mine site inspection was conducted prior to the conference on June 14, 1990. A synopsis of the concerns received by the Division during the informal conference and review process and the Divisions response to these concerns is contained in Appendix A which follows these findings. -5 - Description of the Environment The Coal Ridge No. 1 Mine will extract coal from the lower portion of the Williams Fork Formation. The mine will be located along the Grand Hogback Monocline. The Grand Hogback trends east-southeast in the vicinity of the proposed mine with the rock strata dipping to the south-southwest into the Piceance Basin at an average of 60 degrees. Ground water occurs in both bedrock and alluvial deposits in the vicinity of the proposed mining operation. The potential of the Williams Fork strata as an aquifer within the area of the mine is greatly limited by the extreme dip of the rock strata which results in prohibitive drilling depths in a short distance. There are thick alluvial bodies present along the Colorado River in the vicinity of the proposed mine. This alluvium is often used as a major source of agricultural water for the region. The Coal Ridge No. 1 Mine is located within the Colorado River Basin. The mine is directly adjacent to the Colorado River, with the surface facilities located on alluvial/colluvial fan terraces approximately 150 feet above the river. Only small ephemeral drainages are located within the proposed five-year permit area. The vegetation within the vicinity of the mine is characterized as pinyon -juniper, sagebrush, mountain shrub, and irrigated cropland. The area is used for limited grazing and wildlife habitat. Wildlife that inhabit the area include large and small game animals and numerous birds and small mammals. Soils in the area are characterized as moderately deep to deep well -drained loams with a dark colored surface layer. Variability in the characteristics of the soils in the area is primarily due to slope and topography. Deeper soils are located in the valley bottoms and at the foot of slopes while the shallower soils occupy the steeper side slopes. The mine elevation is approximately 5,800 feet. The climate is semi -arid with a mean annual precipitation of 16 inches. Average monthly precipitation varies little throughout the year. Summers are hot, marked by very low humidity and cool nights. Winters are cold, with light to moderate snowfall. A certain amount of mine development work was completed by the applicant during the initial three-year permit term. Two rock tunnel portals were driven approximately 600 feet into the Grand Hogback, but due to financial constraints did not reach the coal seam to be mined. Disturbed -area collection ditches and a sediment pond were constructed, as were two working pad areas. An access/haul road accesses the working areas of the site, including the two portals. Topsoil has been properly salvaged from the disturbed areas, and is stockpiled on the site for future reclamation. -6 - Findings of the Colorado Mined Land Reclamation Division for Coal Ridge No. 1 Mine Explanation of Findinas Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, the Mined Land Reclamation Division or the Board must make specific written findings prior to issuance of a permit, permit renewal or permit revision. These findings are based on information made available to the Division that demonstrates that the applicant will be able to operate in compliance with the Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated pursuant to the Act. I. Legal, Financial. and Compliance Information - Rule 2.03 Legal, financial, and compliance information reviewed by the Division can be found in Section 2.0 of Volume I of the permit revision application. Copies of the leases and warranty deed applying to the proposed operation, which are kept in a confidential file, were also reviewed. Based on that information, the Division makes the following findings. Based on the information provided in the application, the Division finds, pursuant to Rule 2.07.6(2)(f) that New Castle Energy Corporation is in compliance with Rule 2.03.6(2). The private mineral estate has been severed from the surface estate, and the executed coal leases are the documents of conveyance that expressly grant the right to extract coal within the permit area. Pursuant to Rule 2.07.6(2)(g) and on the basis of evidence submitted by the applicant, the Division finds that New Castle Energy Corporation does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment, as to indicate an intent not to comply with the provisions of the Act. The proposed operation is in compliance with the requirements of this Section. II. Land Use - Rules 2.04.3. 2.05.5. and 4.16 Based upon information provided by the applicant and Garfield County the applicant has obtained local government approval by way of a Resolution Concerned With the Approval of an Application for Special Use Permits. The resolution was passed by unanimous vote of the Garfield County Commissioners on October 16, 1990. The resolution states, in part: Any cessation of mining activity for a period of more than one year shall be considered an invalidation of all land use permits and any resumption of mining activity shall require a new special use permit application (Garfield County Commissioners Resolution 90-083, Section 2.B.). -7 - Based upon the condition placed on the applicant by the county, the applicant may lose the ability to conduct surface coal mining operations. In order to ensure restoration of the land in a timely manner in accordance with Rule 4.16.1, the following stipulation is being required: STIPULATION NO. 16 IN THE EVENT THAT NEW CASTLE ENERGY CORPORATION'S (NCEC) LAND USE PERMITS ARE INVALIDATED, NCEC SHALL COMPLETE RECLAMATION OF THE SITE WITHIN SIX MONTHS OF THE DATE OF INVALIDATION UNLESS THE DIVISION MAKES A WRITTEN FINDING TO EXTEND THE PERIOD OF TEMPORARY CESSATION. THE DIVISION'S FINDING SHALL BE BASED UPON INFORMATION SUBMITTED BY NCEC TO THE DIVISION DEMONSTRATING THAT GOOD CAUSE EXISTS TO ALLOW FOR AN EXTENDED PERIOD OF TEMPORARY CESSATION. The discussion of pre- and post -mining land use in the permit and adjacent areas can be found in Volume I, pages 3-1 to 3-8 and 4-69 to 4-70 of the permit application. Current land uses in and adjacent to the proposed permit area include grazing, wildlife habitat, cropland, residential, developed water resources and undeveloped land. A previous land use of mining is a'Iso evident at the site. Currently the largest single land use at the site is undeveloped land. The proposed permit area is not within 300 feet of occupied dwellings. There is some surface disturbance at the site as a result of past mining activities. If any of these old areas of surface disturbance are re -disturbed by New Castle Energy Corporation, they must be reclaimed to meet the standards of Rule 4.15.10. Post -mining land uses which have been proposed are consistent and compatible with adjacent land use and the previous uses of the lands within the permit area. The Division has determined that based on information and the reclamation plan proposed by the applicant, the achievement of these land uses is feasible. Pursuant to Rule 2.07.6(2), the Division hereby approves the post -mining land uses of cropland, grazing land, and undeveloped land for the proposed operation. The areas which were cropland previous to mining on the toes and lower colluvial outslopes will be returned to cropland after mining - grazing land which was topographically higher on the outslopes will be returned to that use after mining. Areas higher on the hogbaek (primarily the portal pad areas) will be returned to the undeveloped land usage. It is determined that these uses will meet the requirements of Rule 4.16. The proposed operation is in compliance with the requirements of this section. III. Cultural and Historic Resources - Rules 2.04.4 and 2.05.6(4) The applicant has submitted information showing that no cultural or historic resources exist within the permit area on page 3-9 of Volume I and in Exhibit 3.2-1 of the application. Pursuant to Rule 2.07.6(2)(e), the Division finds that the proposed mining operation will not adversely affect any publicly owned park or place listed on the National Register of Historic Places. The proposed operation is in compliance with the requirements of this section. -8 - IV. Geology - Rules 2.04.5 and 2.04.6 A geological description of the permit area and surrounding area, and supporting data, are found in Sections 3.3.1 and 3.3.2 of the permit application, along with Appendices 3.3-1 and 3.3-2. A detailed discussion of the area's stratigraphy, structure, and hydrology is included in the Probable Hydrologic Consequences/Cumulative Hydrologic Impact Study section of this document, and also of the original Findings Document dated January, 1985. The applicant is in compliance with the requirements of this section. V. Hydrologic Balance: Surface Water General information on the area's surface water resources is located on pages 3-36 to 3-48, with supporting data in Appendices 3.3-10, 3.3-11, and 3.3-12. The baseline information provided is sufficient for the Division to assess the likelihood of mining -related impacts to surface water systems. This topic is discussed in the Probable Hydrologic Consequences/Cumulative Hydrologic Impact Study portion of this document. Information on and designs of diversions and the single sediment pond are found in Section 4.3.4 of the Permit Revision application, and in Appendix 4.3-2. The disturbed area of the Coal Ridge No. 1 site is drained by diversion ditches which are designed to pass runoff from the 10 -year, 24-hour precipitation event. The diversions come together through a concrete box designed to allow routing of the runoff to either half of Pond A. Culverts which are part of the system are designed for the same precipitation event. NCEC has committed to a maintenance schedule, described on page 4-38, for the diversions. No clean -water diversion is required on the hillside above the disturbed area, as the steep slopes would make construction and maintenance of a stable diversion very difficult. Pond A is constructed with adequate capacity to contain both the disturbed -area and clean water runoff from the design event. Pond A and associated disturbed -area diversions are also designed to capture any runoff caused by malfunction of the coal slurry system (described in the Operations Plan section of this document). Several small disturbed areas utilize alternative sediment control measures to treat surface runoff, as this runoff does not pass through the sediment pond. These small areas are shown on Figure 4.2-3 of the permit application, and include the five topsoil stockpiles, the powder magazine pad, and the pump house adjacent to Pond A. The sediment control measures consist of low berms on the downhill sides of each area. The exemptions are granted in accordance with the conditions listed in Rule 4.05.2(3), and the Division approves the alternative sediment control based on the demonstrations provided. With the exception of the small areas noted, all runoff from the disturbed area will be routed through one sediment pond. The sediment pond is designed to contain the runoff from a 10 -year, 24-hour runoff event. The sediment pond (Pond A) is also designed to contain two years of accumulated sediment. The applicant has committed to sediment cleanout at the 60% sediment level as indicated by a staff gauge in the pond. -9 - Sediment Pond A is designed with an emergency spillway capable of passing the peak flow from a 25 -year, 24-hour precipitation event. The sediment pond is not equipped with a principal spillway. Instead, the applicant proposes to install a pumping system to dewater the sediment pond and use the water in the hydraulic mining system. The pumping system is capable of dewatering the pond within 48 hours of the beginning of a 10 -year, 24-hour storm event. Sediment Pond A and associated diversions will be retained until revegetation standards are met, at which time they will be reclaimed. The proposed operation is in compliance with the requirements of this section. VI. Water Rights and Replacement - Rules 2.04.7(3) and 4.05.15 The Coal Ridge No. 1 Mine is proposed as an underground hydraulic mine. Large quantities of water will be required in the cutting and fluming of coal. The operation has facilities to recover nearly all of the make-up water, however losses will occur through evaporation, adhesion to coal and refuse, and by seepage into coal, roof and floor rock. The application estimates that approximately 300 acre-feet of water per year will be lost to these processes at a production level of 1 million tons per year. The applicant has purchased sufficient water rights to cover these losses, and has obtained a conditional right for direct removal of Colorado River surface water. Table 3.3-1 of the Permit Revision application lists surface and groundwater rights in the vicinity of the permit area, and Figure 3.3-5 maps the location of those in the immediate area. These sources are located either upgradient from the surface facilities area (in the case of the Riverbend Subdivision wells), or are sufficiently downgradient that any discharge from the permit area would be diluted to background quality prior to reaching them. The proposed operation is in compliance with the requirements of this section. VII. Hydrologic Balance: Ground Water - Rules 2.04.5. 2.04.7, 2.05.3(4). 2.05.6(3) and 4.05 The application describes ground water occurrence in the permit area and vicinity in Sections 3.3.3 and 3.3.4. Baseline and other supporting data are found in Appendices 3.3-3, 3.3-4, 3.3-5, 3.3-6, 3.3-7, 3.3-8 and 3.3-9. Section 3.3.4.9 discusses the operational ground water monitoring for the site. The application contains sufficient ground water baseline information for the Division to assess the probable impacts of mining on ground water resources. This analysis can be found in the Probable Hydrologic Consequences/Cumulative Hydrologic Impact Study section of this document. The current ground water monitoring system is described on pages 4-80 to 4-82 and consists of 6 alluvial wells located in and near the surface facilities area. The applicant has committed to drilling of an additional well downgradient from Sediment Pond A. These wells are currently sampled quarterly for field parameters and annually for chemical parameters listed in Table 4.6-1. NCEC has committed to a monthly field parameters/quarterly chemical sampling frequency prior to the mining of any coal. -10 - Well OW -4L, the purpose of which was to collect baseline water quality data in the area of the previously proposed loadout site east of Riverbend subdivision, has apparently had its casing broken below ground level. The well can no longer be located. NCEC has committed to replacement of OW -4L with an alluvial well downgradient from Sediment Pond A prior to mining of coal. Because reclamation of the well in'accordance with Rule 4.07.3 may not be possible, the following stipulation is necessary: STIPULATION NO. 17 FOLLOWING DIVISION INSPECTION OF THE AREA OF WELL OW -4L, THE APPLICANT SHALL WITHIN 60 DAYS EITHER A) IF THE WELL HAS NOT BEEN LOCATED, SUBMIT A REPORT IN COMPLIANCE WITH RULE 4.07.3(3) WHICH DESCRIBES THE CIRCUMSTANCES BEHIND LOSS OF THE WELL, OR B) RECLAIM THE WELL IN ACCORDANCE WITH 4.07.3. VIII. Probable HvdroloQic Consequences and Cumulative Hydrologic Impact Assessment - Rules 2.05.6(3) and 2.07.6(2) The Coal Ridge #1 Mine is located along the flank of the Grand Hogback Monocline, adjacent to the Colorado River in Garfield County, Colorado. Glenwood Springs, the county seat, which owns a portion of the coal to be mined, is seven miles east of the project, and the town of New Castle is located approximately 1.5 miles north and west. The topography of the mine area ranges from 5600 feet in elevation at the Colorado River up to 7585 feet at the crest of the Grand Hogback. Bedrock outcrops at the mine site include the Upper Cretaceous -aged Mancos Shale and the Mesa Verde Formation. The stratigraphy specific to the mine site is shown in Figure 1. The Mancos Shale is a highly erodable formation consisting of two thick marine shale members separated by a limestone member, and is at least 4000 feet. thick in the mine area. The Mancos Shale conformably underlies and intertongues with the lowermost formation of the Mesa Verde Group. The Mesa Verde Group is composed of the lowermost Iles Formation, Williams Fork Formation, and an overlying 2000 feet of undifferentiated deltaic -type deposits. The Iles and Williams Fork Formations are typified,by interbedded shales, siltstones, sandstones and coal. The Rollins Sandstone is generally considered as the uppermost unit within the Iles formation, forming the contact with the Williams Fork Formation. The Rollins is typified by fine to medium -grained sandstone that weathers to light buff. Bedding is commonly massive. The Wheeler Coal of the Williams Fork Formation will be mined at Coal Ridge No. 1. This coal overlies the Rollins Sandstone. In eastern portions of the permit area, the Wheeler seam is split into a lower and main member. The lower Wheeler is described as generally being 15 feet thick and underlies the main Wheeler by 30 feet. The Wheeler seam is more persistent and in the mine area is described as being 15.5 to 22.5 feet thick. These coals are overlain by approximately 400 feet of coal -bearing shale. Two mappable sandstone units occur within the Williams Fork Formation, approximately 450 and 750 feet, respectively, above the Wheeler Coals. These sandstone units are the Middle -11 - Sandstone and the Upper Sandstone, both of which are similar to the Rollins Sandstone. These units are in turn overlain by 2000 feet of undifferentiated Mesa Verde Group. This member is typical of upper deltaic formations consisting of channel sandstones, siltstone, shale and lenticular thin coal beds. The Grand Hogback is the major structural feature within the area, forming much of the eastern edge of the Piceance Creek Basin. The Grand Hogback is a monoclinal feature with beds dipping steeply to the south and southwest. Within the mine area, the dip at the surface is approximately 50' to 60°. The outcrop of the resistant sandstone units of the Mesa Verde Formation form a topographic high along the Grand Hogback. The major movement of ground water within the area is controlled by the steep dip, with movement southward toward the central Piceance Basin. Cross communication of ground water between the sandstones and the coal units is limited by the thick inter -bedded shales present throughout the section. The deep basinal system inhibits ground water development in much of the area because of the associated high drilling and pumping costs. Four bedrock zones which are either water -bearing or potentially water -bearing have been identified in the permit area. These units are the Rollins Sandstone, the Wheeler Coal, and the Upper and Middle Sandstones. Several wells were drilled through these zones in the mine area by the applicant to evaluate the ground water resources. Ground water was not identified in the Middle and Upper Sandstones in the permit area. These sandstones are composed of medium -grained, well -indurated silica and are only occasionally calcareous. These sandstones appear to be unsaturated throughout the permit area. The Wheeler Coal was found to be saturated in only the deepest portions of the permit area, below an elevation of 6080 feet. The groundwater yield in the Wheeler Seam was estimated to be less than a few gpm, with a transmissivity estimated at less than 100 gpd/ft. The Rollins Sandstone was described as being between 80 and 150 feet thick in the permit area and composed of a light gray, moderately indurated, massive, quartz sandstone. A minimum of fractures were identified in core. In the permit area, this unit was saturated below an elevation of 6060 feet. The yield at one well was 4 gpm, with a transmissivity of 50 gpd/ft. Due to minor fracturing within the Wheeler Coal Seam and the Rollins Sandstone, there is some potential that ground water could cross -communicate between these two seams. However, neither of these rock units are utilized for ground water within the vicinity of the mine, and, due to the extreme dip on the bedrock, development of water from these seams outside the permit area would be economically prohibitive. For these reasons, significant impacts to ground water quality and quantity in bedrock from mining at the Coal Ridge #1 Mine is not expected to occur. -12 - Springs and seeps within the permit area were identified by the applicant. One spring, located in South Canyon, to the east of the permit area, appeared to be seeping from beneath the toe of a possible slump or old fill. The flow at this spring has always been less than 1 gpm, and is evaporated before reaching any surface water body. The spring appears to be emanating from the Mesa Verde Group. The major source of ground water along the Colorado River is provided by the alluvial deposits fringing the river which have relatively good water quality. Surface water tributaries and their alluvial bodies along the Colorado River also provide significant quantities of water for irrigation, stock, municipal and domestic purposes. Most local wells completed in the alluvial aquifers are less than 100 feet deep in the area of the mine. The alluvium in the area is recharged from contact with surface water of the Colorado River and its tributaries, and from upland sheet flow and snow melt. The alluvial bodies adjacent to the Colorado River will release water back to the surface water system during periods of low flow. Therefore, any impacts to the alluvial ground water also have potential to impact the quality or quantity of water within the Colorado River. The Coal Ridge No. 1 Mine is designed as a hydraulic mining process within the Wheeler coal seam. The hydraulic mining process is a relatively new development within the coal industry, which uses high pressure water to fracture and rubblize the coal. Entries within the coal seam are designed to move upslope so that gravity allows the slurry of coal and water to flow from the mining section to the portal. The entire mine is designed as a closed water system enabling reuse of almost all the water within the hydraulic. system. The total acreage to be mined during the life -of -mine is 2,640 acres. The total surface disturbance proposed for the life -of -mine is 47 acres. The surface facilities will be built on unconsolidated sediments, including colluvium and terrace deposits between the Colorado River and the Grand Hogback. Surface runoff from the facilities will be totally contained within sediment ponds except for that from outslopes of access roads. The surface facilities in the vicinity of the portal will include the shop and office area with parking. Coal preparation and storage facilities will also be present in this area. A diversion ditch will be placed around the surface facilities to drain all natural runoff from the surface facilities area. All runoff from the surface facilities will be channeled into sediment ponds. The sediment ponds will be designed for total containment of the 10 -year 24-hour storm. All excess runoff will be recycled into the hydraulic mining process. Accumulated sediment will be removed as necessary to ensure that the pond provides adequate storage at all times. The alluvium present in the vicinity of the Coal Ridge No. 1 Mine and adjacent to the Colorado River is recharged by the Colorado River surface water and by surface runoff from the upland area. The subcrop of the Wheeler seam is located approximately 55 feet above the alluvium and dips steeply away from the alluvial body. Undermining of the alluvial body will not occur during the life -of -mine. Therefore, dewatering of the Wheeler seam due to mining is not expected to impact the alluvium or surface water system of the Colorado River. -13 - Hydraulic mining requires large quantities of water for operations such as cutting of the coal and in the slurry line transporting fine refuse to the waste site. The operation has facilities designed to process and recirculate the majority of water required for the operation. The water circulation is designed as a closed -system, with the major water loss occurring through evaporation, adhesion to the coal and refuse, and by seepage underground during mining. The application projects that water loss through these processes will require a makeup of approximately 300 acre feet of water annually to the system. The Coal Ridge No. 1 Mine has acquired water rights more than sufficient to augment their annual projected water loss. The major water rights owned by the applicant are from the Vulcan Ditch, which originates in Canyon Creek, a tributary to the Colorado River on the north side of the River. The water from this ditch is siphoned underneath the Colorado River and has been historically used to flood irrigate the alluvial valley floor north and east of the surface facilities. During low -flow periods, the applicant has committed to giving priority to irrigation of the historic alluvial valley floor. There exists little possibility that use of valid water rights by the applicant will detrimentally impact the quantity of water available to the Colorado River. The use of 300 acre-feet annually equals an average flow of 0.42 cfs. This reduction of flow in the Colorado River is an insignificant impact. In conclusion, no significant impacts to the hydrologic balance are projected for the operation at the Coal Ridge No. 1 facilities. At this time the Division is approving construction of a 15,000 cubic yard coal waste disposal pile to be located in the center of the surface facilities area near the area designated for raw coal storage and handling in the mine plan. This area will drain into a diversion channel, and ultimately into Sediment Pond A. As this refuse pile will be located on unconsolidated colluvial material, there is the potential for leaching through this waste pile into the colluvial material and ultimately into the alluvial ground water along the Colorado River. Due to small size of the refuse pile, it is not expected that any degradation of water quality within the alluvium will occur. Also, the monitoring plan as detailed in the application will detect any changes if they occur within the water quality of the colluvial and alluvial material. An analysis of Probable Hydrologic Consequences of the Coal Ridge No. 1 Mine has been performed by the applicant, as required under Rule 2.05.6(3). Several effects from the proposed operations have been identified and were discussed above. These effects are not anticipated to adversely impact the overall hydrologic balance and the operations proposed within the permit application have been designed to prevent material damage to the hydrologic balance outside the proposed permit area. Appropriate measures have been outlined within the application to ensure the protection of the quality and quantity of surface and ground waters within both the proposed permit and adjacent areas, from the adverse effects of the proposed mining activities. -14 - Cumulative HvdroloQic Impact Study -- Rules 2.05.5(3) and 2.07.5(2)(c) This Cumulative Hydrologic Impact Study (CHIS) for the hydrologic basin of the Coal Ridge No. 1 Mine has been prepared by the Colorado Mined Land Reclamation Division (CMLRD) pursuant to Rule 2.07.6(2)(c). This CHIS assesses the cumulative hydrologic impacts of all anticipated coal mining operations upon the Colorado River Valley in the vicinity of the Coal Ridge No. 1 Mine. Included in this assessment are the Eastside Mine and the proposed Coal Ridge No. 1 Mine. These mines are both located along, or in close proximity to, the Colorado River. There are no other mines located in the general area, and no other mines with impacts that have the potential to cumulatively add to the effects of the Eastside and Coal Ridge No. 1 Mines to diminish or degrade the hydrologic balance. The permit applications for these mines are located at the offices of the Colorado Mined Land Reclamation Division, and are designated as follows: 1. Eastside Coal Co., Inc.-- Eastside Mine, CMLRD File No. C-84-063 2. New Castle Energy Corp.-- Coal Ridge No. I Underground Mine, CMLRD File No. C-84-065 These two mining operations are underground operations. The life -of -mine areas of these mines are plotted on Figure 3. In addition, the area of 'surface disturbance, the area to be undermined during the permit term, and the area to be undermined during the life -of -mine are tabulated in Table 2. The Coal Ridge No. 1 Mine and the Eastside Mine are both located along the Grand Hogback Monocline. The Grand Hogback trends east-southeast in the area with rock strata dipping to the south-southwest at an average of 50'. The general direction of ground water movement is down dip. The life -of -mine boundaries of the Eastside and Coal Ridge No 1 Mines are 7 miles apart along strike. The coal seams to be mined are located within the lower section of the Mesa Verde Group in the upper portion of the Iles Formation (E -seam) and the lower portion of the Williams Fork Formation (Wheeler seam). These two seams are separated by 200 feet of interbedded shales, sandstones, siltstones, and coal. The five-year operation plan of the Eastside Mine calls for mining of the E -seam. The Coal Ridge No. 1 life -of -mine plan calls for mining of the Wheeler seam. The potential of the Mesa Verde to produce ground water withifi the area of these mines is greatly limited by the extreme dip of the rock strata. An oil and gas well drilled five miles southwest of the Eastside Mine encountered the Wheeler coal at a depth of 7300 feet. Another well drilled approximately 6 miles southwest of the Coal Ridge No. 1 Mine encountered the Wheeler seam at approximately 9000 feet in depth (Tremain, 1983). As previously stated in the Probable Hydrologic Consequences of the Coal Ridge No. 1 Mine, there is little potential for cross -communication between strata within the Mesa Verde Group due to the interbedded impermeable shales located throughout the section. Also, in the vicinity of the mines, the Mesa Verde Group is underlain and overlain by impermeable thick shale members of the Mancos and Wasatch Formations respectively. Therefore, the ability of ground water to migrate upward or downward through the section is extremely limited. 15 For these reasons, the bedrock ground water impacts of each mine are localized to the immediate vicinity of the mine. It is assumed that ground water will not migrate along the strike. However, cumulative impacts to the hydrologic balance due to localized degradation or diminution of bedrock ground water could affect the nature of surface water and alluvial aquifers of the region. The Eastside and Coal Ridge No. 1 Mines are both located within the Colorado River Basin. The Coal Ridge No. 1 Mine is directly adjacent to the Colorado River, with the surface facilities located on alluvial/colluvial fan terraces approximately 50 feet above the Colorado River. The Eastside Mine is located on Harvey Gap, a tributary to the Colorado River. The probable hydrologic consequences of mining on Harvey Gap (Eastside Mine) are detailed in the following section. This CHIS addresses the potential of the hydrologic impacts predicted for the two mines to cumulatively affect the Colorado surface water system and the related ground water of the alluvium. TABLE 2 DISTURBED ACREAGE DUE TO COAL MINING IN THE CHIS AREA Mine Eastside Coal Ridge No. 1 Disturbed Acreage Surface Underground 12 299 35 2640 The main stem of the Colorado River below Glenwood Springs, Colorado, has a drainage area of 6013 sq. miles. The natural flow of the stream is affected by trans -mountain diversions, storage reservoirs, power development, and diversions for irrigation of approximately 110,000 acres. The average discharge of the stream at Glenwood Springs, for seventeen years of record, is 3,357 cfs. The maximum discharge on record occurred on June 25, 1983, and was 27,900 cfs. The 1984 water year maximum discharge is reported to have exceeded the previous maximum but the date of exceedance has not yet been published. The minimum discharge on record occurred on February 11, 1981-- 870 cfs. Selected chemical parameters and flow for the 1983 water year are presented in Table 3 for the Glenwood Springs U.S.G.S gaging station. Also given is the 1983 water year flows for the Colorado River near De Beque, Colorado. The De Beque gaging station is located approximately 54 river miles downstream of the Glenwood Springs station. The drainage area of the Colorado River at the De Beque station is 7370 sq. miles. The Coal Ridge No. 1 surface facilities are proposed for location approximately 11 miles downstream of the gaging station at Glenwood Springs. The confluence of Harvey Gap with the Colorado River is approximately 20 miles downstream of the Glenwood Springs .gaging station. -16 - The lowest average flows for the Colorado River in the area generally occur from September to March of each year, with February usually being the lowest flow month of the year. Highest flows are generally experienced iri the month of June. Suspended solids levels within the Colorado River increase with increased flow. The opposite relationship exists with total dissolved solids, with the highest levels of TDS occurring during low flow. The Colorado River is a major source for irrigation water in the area. In general, the irrigation season is from April through October of each year. During these months, the levels of total dissolved solids are generally below 500 mg/1. During September and October, the TDS level in the Colorado River begins to rise to a point approaching or above 500 mg/1. This level is generally accepted as an indicator of moderate salinity hazard to plants, i.e., plants with a low salinity tolerance will experience decreased yield. There are thick alluvial bodies present along the Colorado River in the area of the mines. This alluvium is often used for agriculture. Water within the alluvium is a major source of shallow ground water for the region. The quantity and quality of water within the alluvium is intimately related to the water of the Colorado River, as the Colorado River is the major source of recharge for the alluvium. Conversely, this alluvium releases water back to the Colorado River during low -flow periods. -17 - TABLE 3 SURFACE WATER CHARACTERISTICS OF THE CHIS AREA Site Flow Specific SAR Bicarb. TDS TSS cfs Cond. mg/1 mg/1 mg/1 umhos/cm min min min min min min max max max max max max mean mean mean mean mean mean Colo.River at 2,300 210 0.5 84 120 N/A Glenwood Springs 26,900 1,260 4 160 580 N/A 83 water yr 4,969 740 3 130 427 N/A Colo.River 1,200 346 1.0. N/A 197 45 near De Beque1 32,000 1,190 4 N/A 718 2600 83 water yr 5,827 779 2.5 N/A 472 724 Storm King Closed System -- No Effluent Proposed Mines Harvey Gap2 0.7 600 0.2 207 3713 10 66 730 0.6 386 1,054 26 N/A 670 N/A N/A N/A N/A 1 Chemistry from 82 water year, 83 not available 2 From Eastside Mines Permit Application C-84-063 3 From PHC predictions of Eastside Mine -18 - The alluvial bodies are not laterally continuous through the length of the Colorado River, but are dissected by meanderings of the Colorado and by the narrow flood plain of the Colorado River across the Grand Hogback Monocline. The surface facilities of the Coal Ridge No. 1 Mine are east of the outcrop of the Grand Hogback, and on the south side of the Colorado River. The alluvial body present at the confluence of Harvey Gap and the Colorado River is on the north side of the Colorado River and to the west of the Grand Hogback outcrop. Therefore, these two alluvial bodies are not continuous. However, due to the relationship between the waters of the alluvial bodies and the Colorado River, there is a potential that impacts to the alluvium could be cumulative between the mines. Description and Hydrologic Impacts of Mining at the Eastside Mine The Eastside Mine is located in Garfield County, approximately 3.5 miles north of the town of Silt. The proposed mine will affect 299 acres of non-federal land during the life -of -mine. This underground mining operation involves 12 acres of surface disturbance with the surface facilities and roads. The mine is located adjacent to the perennial -flowing Harvey Gap Drainage. The Harvey Gap Drainage is a deeply incised north -south trending stream valley, which cuts through the resistant sandstone of the Grand Hogback. The nature of this drainage has been altered by construction of canals and a reservoir for irrigation. The Grass Valley Reservoir is located 600 feet upstream of the mine site on Harvey Gap Creek. The water in this reservoir is impounded during high flow seasons from the headwaters of Harvey Gap and from water diverted from the headwaters of East Rifle Creek through the Grass Valley Canal. The impounded water is released from April 15 to October 15 to irrigate almost 6000 acres of land in the Silt and Rifle area. The Eastside Mine will be developed in coals of the Iles and William Fork Formations of the Mesa Verde Group. This 5 -year permit is for mining in the E -Seam of the Iles Formation. This seam is approximately 20 feet thick and dips 59° on the average to the south. Coal will be mined by continuous miner or conventional section with 200,000 tons per year projected as maximum production. The life -of -mine plan includes recovery of the Wheeler seams of the Williams Fork Formation, which are separated from the E -Seam by 200 feet of strata characterized as predominately marine shales. ' The probable hydrologic consequences of mining at the Eastside Mine have been previously detailed in the Proposed Decision and Findings of Compliance for the Eastside Mine issued December 14, 1984, and on file at the Division. A summary of the projected impacts as detailed in this study follow. Three domestic wells were found to have been completed in the shallow bedrock aquifers of the area of the Eastside Mine. It was projected that mining at the Eastside Mine would not affect these wells because of the extreme dip of bedrock in the area and because of separation of the producing aquifers of these wells from the mined seams at the Eastside Mine by 200 feet or more of shale units. -19- A worst case projected impact to surface water quality was made based upon the following scenarios. The low flow surface water condition was used to predict worst case. These low flow condition occur during periods of non -irrigation from October 15 to April 15, when the Grass Valley Reservoir outlets are closed to store water for the irrigation season. Base flow occurs due to seepage through the reservoir embankment. Base flow is 0.5 cfs at an average TDS of 755 mg/1. This base flow was merged with the maximum orifice flow of the pond located at the refuse disposal site with a predicted worst case TDS value of 1910 mg/1 at a flow of 0.1 cfs. This resulted in a predicted increase in TDS to 948 mg/1. This data was merged with orifice flow from the pond at the surface facilities projected to have a worst-case chemistry of 1690 mg/1 of TDS at a flow of 0.1 cfs. This resulted in an increase of TDS to 1054 mg/1 for the worst case chemistry. This condition could exist only during the non -irrigation season, so the increase is not considered significant to irrigation use of the stream water. In summary, the level of TDS rose from 755 mg/1 to 1054 mg/1., with a flow of 0.7 cfs. The alluvium along the Colorado River directly adjacent to the Harvey Gap Drainage could be negatively impacted by this increased level of TDS. During the snowmelt period, the alluvium is recharged by the surface water system. Therefore, the alluvium immediately adjacent to Harvey Gap could experience a rise in the level of TDS from early spring to April 15 (start of outflow from the Grass Valley Reservoir). A well completed in the Colorado alluvium had a TDS level of 760 mg/1. The worst-case quality projection for Harvey Gap water was 1054 mg/1. As this was an extreme projection of worst case, and would not exist for long periods of time, any degradation of water quality within the alluvium should not be significant. The worst case condition of TDS increase was also projected for the irrigation season. The lowest outflow from the Grass Valley Reservoir during this period was projected as 7 cfs (from a hydrograph submitted in the Eastside permit application). A water quality of 330 mg/1 TDS for this discharge was used. Merging this flow and concentration with outflow from the ponds of the refuse and surface facilities areas gave a rise in TDS to 352 mg/1 downstream of the mine. This rise is insignificant and would have no effect on the usability of the water. In summary, the level of salinity in the Harvey Gap surface water system was not projected to rise significantly during the critical irrigation season. The level of TDS could rise in a worst-case scenario during the non -irrigation season. The alluvium directly recharged by the Harvey Gap surface water system could experience a rise in TDS levels. However, due to the already high level of TDS in the alluvium, this rise is not projected to diminish the agricultural use of the alluvial water. The potential for diminution or degradation of bedrock groundwater in the area for mining activities at Eastside was found to be negligible. This is due to the small size of the mine, the lack of communication of the coal seam with overlying and underlying beds due to interbedded shale layers, and the lack of potential of any rock strata within the affected section to supply a quality ground water resource. -20 - Cumulative Hydrologic Impact The worst case impact of mining at the Eastside Mine was a predicted increase in TDS during the non -irrigation season from a baseline of 755 mg/1 to 1054 mg/1 with a flow of 0.7 cfs. The low -flow on record for the Colorado River at Glenwood Springs is 870 cfs. The mean level of TDS in the Colorado River during the 83 water year was 427 mg/1. Loading of the worst: -case level of TDS in Harvey Gap into the low -flow of the Colorado River gave a rise in TDS of 0.5 mg/1. This rise is insignificant and would not affect the quality of the Colorado River. No other significant impacts to the hydrologic balance were predicted due to mining at the Eastside Mine. No impacts to quality of the Colorado River or associated alluvium were projected from mining at Coal Ridge No. 1 Mine. Use of water for the hydraulic mining process was projected to consume acre feet from the Colorado River system. This equals an average flow of 0.46 cfs. The average flow of the Colorado River at De Beque during 1983 was 5,827 cfs. Therefore, the impact of the consumptive water used at the mine site is insignificant. In conclusion, based on information currently available, mining at the Eastside and Coal Ridge No. 1 operations is not projected to cumulatively impact the quality or quantity of ground water or surface water within the Colorado Basin. The assessment of the probable cumulative impacts of all anticipated coal mining in the general area of the Coal Ridge No. 1 on the hydrologic balance has been made by the Division, and the operations proposed under this application have been designed to prevent material damage to the hydrologic balance outside of the proposed permit area. Reference Tremain, Carol M. 1983. Coal Bed Methane Potential of the Piceance Basin, Colorado. Colorado Geological Survey, Department of Natural Resources, Denver, Colorado 80203. Open - File Report 82-1. The proposed operation is in compliance with the requirements of this section. IX. Alluvial Valley Floors - Rules 2.06.8 and 4.24 The entirety of Section 5 of the Permit Revision application is devoted to discussion of alluvial valley floors. In the original Findings Document for the Coal Ridge No. 1 Mine, the Division made the following Findings: a. South Canyon Creek is hydrologically upgradient from the coal mining operations and cannot be impacted by them. b. Streamlaid deposits along Alkali Creek constitute an alluvial valley floor, however the proposed operation will not interrupt, discontinue, or preclude farming on the alluvial valley floor. c. The Colorado River alluvium constitutes an alluvial valley floor, whose function will be protected by the proposed operation. -21 - The reader is referred to that Findings Document for details of the above conclusions. Proposed changes in the operation since the original permit issuance all involve the lessening of potential impacts to these alluvial valley floors. These changes include: a. Smaller permit area, including loss of coal underlying South Canyon Creek; b. only minimum (15,000 yd3) disposal of coal mine waste on the surface; c. lower maximum permitted coal production, implying less attendant surface activity. The Division finds, based on its previous assessments and written Findings, that the proposed operation will not interrupt, discontinue or preclude farming on alluvial valley floors, will not materially damage the quantity or quality of water in surface or ground water systems that supply the alluvial valley floors, and will be conducted to preserve the essential hydrologic functions of the alluvial valley floors. The proposed operation is in compliance with the requirements of this section. X. Climatological Information and Air Resources - Rules 2.04.8,2.05.4(20(h), 2.05.6(1) and 4.17 These topics are addressed in Section 3.4 of the Permit Revision application. The relevant Colorado Department of Health Air Quality Permits for the mine site are current. The proposed operation is in compliance with the requirements of this section. XI. Topsoil - Rules 2.04.9. 2.05.3(5), 2.05.4(2)(d). and 4.06 Baseline soils information is located in Section 3.5 of the application. The soils on the site are considered fair to good growth media. Approximately 63,000 cubic yards of topsoil have been salvaged from the disturbed areas, sufficient to cover the disturbed area with an average of approximately 13 inches of topsoil. The applicant has committed in the reclamation plan to replacing 16 inches of topsoil on the disturbed areas. Due to the apparent shortage of topsoil material in relation to the replacement thickness committed to, the following Stipulation is imposed. STIPULATION NO. 18 WITHIN 180 DAYS OF PERMIT ISSUANCE, THE APPLICANT SHALL. RESURVEY ALL EXISTING TOPSOIL STOCKPILES, AND DETERMINE WHETHER A 16 INCH REPLACEMENT DEPTH IS POSSIBLE. IF IT IS DETERMINED NOT TO BE POSSIBLE, THE RECLAMATION PLAN SHALL BE MODIFIED ACCORDINGLY. -22 - The portal pad outslopes will be topsoiled and seeded immediately following their construction, while the remainder of the topsoil will remain stockpiled for the life of the operation. According to Rule 4.10.4(5) the portal pads and the proposed surface coal mine waste disposal facility must receive 4 feet of non-toxic, non combustible cover. There is sufficient material including topsoil to ensure this requirement is met. The proposed operation is in compliance with the requirements of this section. XII. Vegetation - Rules 2.04.10. 2.05.4(2)(e). and 4.15 Baseline vegetation information is contained in Section 3.E of the revision application, and the revegetation plan is described in Sections 4.4.3.5 and 4.4.4. Supporting data is located n Appendices 3.6-1, 3.6-2 and 3.6-4. Thirty-one acres of the disturbance at the Coal Ridge site is in the sagebrush vegetation community. A reference area located on land managed by the Bureau of Land Management, adjacent to the permit area, will be used to determine revegetation success standards. This area was sampled by the applicant in 1983, and the Division has previously determined that the reference area is representative of the pre -mine sagebrush community in the permit area. The BLM has stated that the reference area is accessible and appropriate for use by NCEC. Less than one acre of the mountain shrub community has been disturbed (the portal areas), and these will also be reclaimed to the sagebrush success standard. Approximately 4 acres of irrigated cropland has also been disturbed -by the operation. Revegetation success of the cropland will be determined by statistical comparison with the surrounding undisturbed irrigated cropland. Pursuant to Rule 2.07.6(2)(n), and based on available information, the Division finds that proposed mining activity will not affect the existence of endangered plant species or result in destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973. Revegetation efforts at the Coal Ridge No. 1 Mine consist of temporary measures which took place after initial construction activities and permanent revegetation activities which will be undertaken at the time of mine closure. Temporary revegetation measures included the seeding of a predominantly native seed mix consistent with the requirements of Rule 4.15.2, and mulching with straw mulch of 1.5 tons/acre which was anchored with tackifier. Growth has been judged successful by the Division. Final revegetation measures for areas to be reclaimed to native vegetation will include the drill seeding of a more diverse and predominantly native seed mix with a balance of grasses, forbs, and woody plants. Seeding will occur in late spring or early autumn, and the seed bed will be prepared prior to seeding. Straw mulch will be applied at 1.5 tons/acre and crimped. Fertilizer will be applied as necessary based on topsoil analyses for major nutrients. -23 - The Division specifically approves the proposed species in the seed mixes and finds that the species meet the criteria of Rule 4.15.2. The revegetation plan includes a provision for annual monitoring of the vegetated areas after initial seeding. On areas to be reclaimed to cropland, after topsoil replacement the areas will be seeded (and mulched if appropriate to the same species as adjacent undisturbed areas. Management of the reclaimed areas will be the same as adjacent undisturbed areas. Revegetation success for areas reclaimed to native vegetation will be judged on the basis of comparisons with the approved reference area for cover, production, and woody plant density. The applicant has not committed to a success standard for species diversity therefore the Division stipulates the following: STIPULATION NO. 19 SPECIES DIVERSITY ON AREAS RECLAIMED TO NATIVE VEGETATION SHALL BE DEEMED SUCCESSFUL IF THE PERMITTEE ESTABLISHES AT LEAST FOUR (4) COOL SEASON GRASSES AND TWO (2) FORBS WITH EACH SPECIES NOT REPRESENTED BY MORE THAN THREE (3)% RELATIVE COVER OR MORE THAN 40% RELATIVE COVER. COVER TO BE DETERMINED BY MEASUREMENTS MADE FROM VEGETATIVE COVER DATA ASSEMBLED DURING SAMPLING FOR MONITORING OR REVEGETAION SUCCESS DETERMINATIONS. The proposed operation is in compliance with the requirements of this section. XIII. Fish and Wildlife - Rules 2.04.12 2.06.6. and 4.25 Information on fish and wildlife resources is contained in Sections 3.7 and 4.6.2 of the application. The permittee conducted wildlife surveys and made contacts with the Colorado Division of Wildlife, the U.S. Fish and Wildlife Service and the Bureau of Land Management during the period of baseline collection for the initial permit. No wildlife issues were identified in that permitting action or subsequent to the permit issuance. Pursuant to Rule 2.07.6(2)(n) and based on available information, the Division finds that the proposed operation will not affect the continued existence of threatened or endangered species or result in the destruction or adverse modification of their critical habitat. The Division finds the proposed operation in compliance with the requirements of this section. XIV. Prime Farmlands - Rules 2.04.12. 2.06.6. and 4.25 Information on prime farmlands is contained in Section 3.8 of the application. Based on information from the Soil Conservation Service, the Division has previously made a negative determination on the presence of prime farmland. This negative determination is hereby reaffirmed for this proposed revision. The proposed operation is in compliance with the requirements of this section. -24 - XV. Operation Description - Rules 2.05.2. 2.05.3(1). 2.05.3(2). and 4.01 The operation plan for the Coal Ridge No. 1 Mine has been modified in certain ways from the original three-year permit, and is described in Sections 4.1, 4.2 and 4.3 of the application. The maximum proposed production during the initial five-year permit term is 1,000,000 tons/year. Completion of the rock tunnels, installation of surface facilities, and mobilization of equipment is expected by the first quarter of 1991, with full production possibly reached by 1993. The initial permit area consists of 2534 acres of private land, of which approximately 35 acres have been disturbed for surface facilities. No additional surface disturbance is being proposed as part of this revision. The applicant proposes to hydraulically mine the Wheeler Seam of the Williams Fork Formation. Two roadheaders will be used to develop in -seam roadways, and to keep development ahead of the hydraulic monitors. Raw coal will be slurried in flumes and pipelines to the coal preparation facility. A coal mine waste disposal will be located on the surface, with a maximum capacity of 15,000 cubic yards. The proposed operation is in compliance with the requirements of this section. XVI. Explosives - Rules 2.05.3(6)(a) and 4.08 The applicant states that further surface blasting is to take place at the site. The application is in compliance with the requirements of this section. XVII. Backfilling and Grading - Rules 2.05.3(6)(b), 2.05.4(2)(a), 2.05.4(2)(c), 4.09. 4.13. and 4.14 Disturbed areas at the Coal Ridge No. 1 Mine will be regraded to approximate original contour upon completion of mining. The portal pad areas will also be backfilled to AOC. The Division's calculations indicate that approximately 90,000 cubic yards of fill material are to be moved during reclamation. The portal pads will be reclaimed as permanent structures, and the highwalls associated with them will be backfilled. These two pads and the surface waste disposal facility will be covered with at least 4 feet of non-toxic, non-combustible cover, although the applicant has stated the intention to carry out field trials to attempt to demonstrate that 4 feet is not needed. The proposed post -mining configuration is approved by the Division as meeting requirements for approximate original contour. The proposed operation is in compliance with the requirements of this section. -25 - XVIII. Coal Mine Waste and Non -Coal Processing Waste - Rules 2.05.3(8). 2.05.4(2)(f). 4.10. and 4.11 Coal Mine Waste This aspect of the mine plan has been changed considerably from the first permit term. The applicant originally proposed a permanent slurry waste embankment to the east of the current surface facilities area, however this plan never received Division approval and was not proposed in this permit revision application. A plan for backstowing of coal mine waste to the abandoned workings, pursuant to Rule 2.05.3(10), was proposed as a part of this revision application. The Mine Safety and Health Administration (MSHA) has indicated that they do not consider the backstowing plan to be approvable. As a result of the MSHA determination, and pursuant to Rules 2.05.3(10)(a) and 4.11.3, the backstowing proposal is not approved by the Division in this proposed decision. Under a recent rule change, coal processing waste and underground development waste must both be treated as coal mine waste, subject to all provisions of 4.10 and 4.11. The portal pads, built of tunnel development rock, will be extended as tunnel development proceeds. The remainder of the pads will be constructed in compacted 2 -foot lifts, and will be inspected quarterly by a registered professional engineer. NCEC has submitted an appropriate engineering analysis of pad stability, based on material strength characteristics of the rock tunnel material. The applicant has not demonstrated that waste material to be generated during mining operations subsequent to rock tunnel completion is acceptable for use in mine pad construction or reclamation, and use of such coal mine waste in construction or reclamation of the portal pads is not approved. The applicant has submitted a general plan for coal mine waste disposal, pursuant to Rule 2.05.3(8)(a)(i). The general plan, as described in Section 4.3.3.4.5 and 4.3.6 of the revision application and further discussed in an adequacy response letter dated October 12, 1990, describes a disposal pile with a maximum volume of 15,000 cubic yards, located within the mine facilities area. Upon completion, the disposal pile would be 670 feet long, 150 feet wide and 4 feet high. The applicant has committed, within the general plan as described in the October 12, 1990 adequacy response letter, to salvage sufficient subsoil from the proposed disposal site to,replace a minimum of four feet of non toxic cover over the surface of the pile, prior to revegetating the pile, as required by Rule 4.10.4(5). Geologic information, soil survey information and site specific soils data included in the application indicate that sufficient non toxic subsoil material is available, when combined with previously salvaged topsoil, to provide for the four foot depth of non toxic cover material. The following stipulations are necessary to clarify certain commitments and to insure that the maximum approved waste pile volume of 15,000 cubic yards is not exceeded. -26 - STIPULATION NO. 20 WITHIN SIX MONTHS OF THE FINAL APPROVAL DATE OF THIS REVISION, THE PERMITTEE WILL SUBMIT A DETAILED DESIGN PLAN FOR THE COAL MINE WASTE DISPOSAL STRUCTURE AS REQUIRED BY RULE 2.05.3(8)(ii). CONSTRUCTION OF THE STRUCTURE WILL NOT BEGIN UNTIL THE DIVISION HAS APPROVED THE DETAILED DESIGN, IN WRITING. STIPULATION NO. 21 IN ORDER TO MONITOR THE VOLUME OF COAL MINE WASTE MATERIAL DISPOSED OF IN THE APPROVED PILE, THE STRUCTURE WILL BE SURVEYED BY A QUALIFIED REGISTERED ENGINEER DURING EACH QUARTERLY SITE INSPECTION REQUIRED BY RULE 4.10.2. THE PERMITTEE WILL SUBMIT A COMPLETE PERMIT REVISION APPLICATION ADDRESSING ALTERNATIVE COAL MINE WASTE DISPOSAL PLANS BEFORE THE VOLUME OF MATERIAL IN THE APPROVED PILE EXCEEDS 10,000 CUBIC YARDS. IF NO ALTERNATIVE WASTE DISPOSAL PLAN IS APPROVED, MINING OPERATIONS WILL CEASE WHEN THE APPROVED DISPOSAL PILE VOLUME REACHES 15,000 CUBIC YARDS, AND THE PERMITTEE WILL INITIATE AND COMPLETE RECLAMATION OF THE ENTIRE MINE SITE WITHIN SIX MONTHS OF THE CESSATION OF MINING. Non -Coal Waste Section 4.4.6 of the applicaiton discusses storage and disposal of non -coal wastes. Non -liquid waste will be stored in the eastern part of the lay -down yard, while liquid and flammable wastes will be stored in steel containers outside the shop and outside the processing building. Final disposal will be at the county landfill. XIX. Mine Facilities, Coal Handling Structures, and Support Facilities - Rules 2.05.3(3), 2.05.3(7), and 4.04 These topics are addressed in Section 4.3.3 of the revision application. They include the coal preparation plant, the pumping and coal sizing facility, coal stockpile, offices, warehouse, changehouse, electrical substation, and the water and sewage treatment plant. These facilities will be located in areas of the site already disturbed. Coal handling structures include slurry pipelines for raw coal, an emergency slurry holding tank, and a conveyor leading from the preparation facility to the coal stockpile. These facilities are mapped on figure 4.2-3. NCEC has leased a 5 -acre unit train loading facility, west of Rifle, Colorado, from the Denver and Rio Grande Railroad. Permitting of this facility must be handled through a separate Permit Revision process, in order to provide adequate public notice of its location and opportunity for public comment, and is specifically not approved at this time. The proposed operation is in compliance with the requirements of this section. -27 - XX. Roads - Rules 2.05.2(3) and 4.03 Information on roads is contained in Section 4.2.4 of the application. Access roads have been constructed to the surface facilities and to the portal pad areas, as shown on Figure 4.2-3. 2,800 feet of the mine access/haul road is proposed to be left after site reclamation at the request of the landowner, NCEC. The roads meet the design standards of 4.03.1 (for haul roads as far as the coal stockpile) and 4.03.2 (for access roads). The Division finds that the retention of the road in the proposed reduced configuration is consistent with the post -mining land use. Stipulation No. 14 from the permit renewal is still in effect. This stipulation addresses reclamation of light use exploration roads. The proposed operation is in compliance with the requirements of this section. XXI. Bonding - Rule 2.05.4(2)(b) New Castle Energy Corporation has posted a performance bond in the form of certificates of deposit totalling $288,000.00, which the Division has determined will be sufficient to cover the cost of reclamation at full mine development. Pursuant to Rules 2.07.6(2)(j) and 3.02.1(1), the Division finds that the applicant is in compliance with applicable performance bond requirements. Written documentation of the Division's reclamation cost evaluation is available in the public files maintained at the Division offices. The operation is in compliance with the requirements of this section. XXII. Sealing of Drilled Holes and Underground Openings - Rules 2.05.4(2)(0) and 4.07. Designs for rock tunnel closure are shown in Figures 4.4-1 and 4.4-2, and well abandonment methods discussed in Section 4.4.3.1. The closure and abandonment designs are acceptable as proposed. The proposed operation is in compliance with the requirements of this section. XXIII. Subsidence - Rules 2.05.6(6) and 4.20 The applicant has performed an investigation to identify renewable resource lands which would be inspected by subsidence. The permittee demonstrated to the Division that no material damage would occur to any of those identified. Projections of ground subsidence made by the applicant have been previously approved by the Division. Subsequent modifications to the mine plan consist of reducing the undermined area. This modification would serve to lessen the projections of subsidence. The responses to earlier permit stipulations are given in Section 6.2 of the application. The language of Stipulations 8, 9, 10 and 11 pertaining to subsidence monitoring have been incorporated into this section, on pages 6-2 and 6-3. The proposed operation is in compliance with the requirements of this section. -28- XXIV. Special Categories of Mining - Rules 2.06. 4.22. 4.23. 4.27. 4.28 and 4.29. Of these categories, only steep slope mining applies to the Coal Ridge operation. Subsidence is possible in areas of the Grand Hogback where slopes exceed 20 degrees. With resolution of the subsidence -related Stipulations, the application is in compliance with the requirements of this section. XXV. Miscellaneous Compliance - Rules 2.03.3, 2.05.6(5), 4.02. 4.12. 4.19, 4.21. and 4.28 The applicant has met requirements for format and supplemental information, signs and markers, and slides and damage. No exploration activities are planned at this time. The proposed coal loading facility west -of Rifle, Colorado is specifically not approved at this time. The proposed operation is in compliance with the requirements of this section. XXVI. Operations on Lands Subject to Limitations or Prohibitions - Rules 2.03.7, 2.07.6(2), and 7.01 The Division finds that the operation is not included within an area designated unsuitable for surface coal mining operations in an administrative proceeding begun under Rule 7, or 30 CFR 769 of the Federal Regulations. The proposed operation is in compliance with the requirements of this section. XXVII. Demonstration That Surface Coal Mining and Reclamation Operations Can Be Feasibly Accomplished - Rule 2.07.6(2)(b) Based on the information supplied in the application, the Division finds that, in accordance with Rule 2.07.6(2)(b), the proposed mining and reclamation activities can be feasibly accomplished. The proposed operation is in compliance with the requirements of this section. XXVIII. Compatibility With Anticipated Adjacent Operations - Rule 2.07.6(2)(i) There are no existing or anticipated mines adjacent to the Coal Ridge No. 1 Mine. Pursuant to Rule 2.07.6(2)(i), the Division finds that the proposed operation will not be incompatible with other coal mining operations adjacent to the proposed permit area. The proposed operation is in compliance with the requirements of this section. XXIX. Reclamation Fees Required by 30 C.F.R., Chapter VII, Subchapter R - Rule 2.07.6(2)(o) The Division, through contacts with the U.S. Department of the Interior, Office of Surface Mining, finds that New Castle Energy Corporation is current with their payment of Reclamation Fees. The operation is in compliance with the requirements of this section. -29 - Response to Citizen Concerns Received During the Review This section identifies the comments, concerns, and issues which have been raised to date through public comment on this Permit Revision Application and the Divisions response. Letter from Greg McKennis to the Division, dated April 25, 1990 NCEC had no coal lease in effect with Glenwood Springs at time of submittal. The lease application was denied by the Glenwood Springs City Council and the lands involved were withdawn from the Permit Revision application as of August 6. Lighting. noise levels and visual impacts are not addressed. It was explained that these issues are not under MLRD's jurisdiction. Generally, regulation of lighting, noise and visual impacts is the responsibility of local and county government. Description of redepositing of the waste was cursory and inadequate. This plan was addressed extensively in the Division's initial adequacy letter, dated April 27, and in subsequent correspondence. The underground waste disposal plan is specifically not being approved at this time. Pertaining to continuous ownership. landholders north of the Colorado River were not included. This comment was incorporated into the Division's initial adequacy letter, and the information has been provided by the applicant. Discrepancy in cut and fill volumes. The amount of topsoil in storage accounts for the discrepancy of 42,500 cubic yards. Location of Dumping eouipment. The location of pumping equipment was incorporated into initial adequacy letter. More detailed information on escaoeways. These locations are shown on Figures 4.3-3. -30 - Questions concerning coarse refuse. specialty coal. conveyors, and sediment pond cleanings. These questions were incorporated into the Division's initial adequacy letter. Question regarding aeneration of refuse material and its storaae on the surface. NCEC is required to construct the pile to be a permanent feature. Question regarding feasibility of in -mine disoosal of coal orocessinq waste. The Division is specifically not approving NCEC's plan. NCEC may resubmit the proposal after it has approval from the Mine Safety and Health Administration (MSHS). Why is mine access road being left following reclamation? This is consistent with the post -mining land use and is permitted by Rule 4.03.1(7). Reclamation cost estimates were alleged to be too low. The Division conducted an engineering cost estimate of the proposed reclamation and based the reclamation bond on that estimate. This is discussed in Section XXI of the findings. Question about Air Pollution Control Plan. The necessary permits have been obtained from the Colorado Department of Health, Air Quality Division. NCEC has no permitted loadout. The Division finds that a mine can be permitted without a loadout. The decision is to approve, in part, the application without approving the proposed loadout. See Section XV of this document for additional discussion regarding the proposed loadout near Lacy, Colorado. Letter from Riverbend Subdivision Homeowners to the Division, dated May 1, 1990. This letter was signed by 18 residents. Loadout possibilities are not appropriate. The loadout location has been changed during the review period, and is specifically not being approved at this time. -31 - Underground waste disposal method is unproven and unreliable. Since it is not at this time acceptable to MSHA, the plan is not being approved at this time by the Division. There was some question about whether use of County Road 335 as a haul road is appropriate. This is not within the Division's jurisdiction, as the road is not within the permit area. Concern over spillaae or leakage of water used in the operation damaging the Colorado River. This is addressed in the Probable Hydrologic Consequences section of the findings document. Concern that mining activity will negatively affect wildlife in the area. The application indicates that there are no endangered species and no critical habitat in the permit area. The Division of Wildlife expressed no concerns during the original permitting. Letter from Greg McKennis to the Division dated June 8, 1990 This letter discussed at length the loadout issue. The proposed loadout is specifically not approved as part of this permit revision. Informal Conference June 21, 1990 During the course of an informal conference held in Glenwood Springs, Colorado on June 21, 1990, a number of questions on several different topics were discussed by members of the community, Division staff and representatives of New Castle Energy Corporation. An electronic record of the conference was made and subsequently transcribed. The topics and concerns discussed below were drawn from that record. Questions and concerns voiced during the informal conference can be grouped into several general categories: processing of the permit revision application, right of entry (leases), aspects of the mining and reclamation plan, mine safety, and local government planning and zoning issues. A brief discussion of the concerns and the Division's responses are presented below. -32 - Processing of the Permit Application Several citizens voiced concerns over the completeness and adequacy of the revision application and the information contained in the application. During the review period, the Division has judged the substantive adequacy of the material presented, required additional material or clarification when necessary and made the required findings and proposed decision based on the contents of the application and the record on October 19, 1990. Concern was voiced regarding the adequacy of the public notice because the newly proposed loadout site was not included. The Division is proposing to require the applicant to re -submit the loadout as a separate revision, which will be subject to all specific publication and public participation requirements. Clarification on the differences between revisions and permit applications and their processing and the public participation provisions by the Division was requested and provided by Division staff during the informal conference. One citizen expressed concern with the apparent lack of information on file for this revision. Subsequent investigations by the Division have found all relevant material on file or subsequently replaced material that had been removed from files. Right of Entry (Leases) There was extended discussion on the topic of right of entry at both the mine site and any proposed loadout site. Several citizens requested information on the leases that conveyed the right to mine coal or load coal. Non -confidential material was available during the course of application review at the Division and the Garfield County Courthouse. In Section I of the findings document, the Division has specifically addressed the right of entry concerns. Mining and Reclamation Plan Concerns regarding the mining and reclamation plan were diverse and will be briefly discussed below or referred to the appropriate section of the findings document for a fuller discussion. Questions were raised about the feasibility of the hydraulic mining process and the underground disposal of coal waste. While the hydraulic mining technology has not been employed in the United States, it has been successfully used in British Columbia and in Europe. The Division required the applicant to secure approval from the federal Mine Safety and Health Administration for the underground disposal plan. The applicant was not able to do so, and, therefore, the Division did not approve this plan. A further discussion is contained in Section XVIII. -33 - Several questions were asked by citizens regarding air quality and water quality and which agencies were responsible for evaluating the ensuring compliance with statutory requirements. While the Colorado Department of Health is responsible for issuing permits for point source discharges and water and air emissions based on standards contained in statutes and regulations under which they operate, the Division must ensure that the mining and reclamation plan include adequate baseline information and protection or mitigation measures to ensure air and water quality remain acceptable. To this end the Division and Department of Health work closely, and, through the Division's regular inspections and the Department's monitoring programs, strive to ensure compliance. A further concern was expressed with respect to ground water well users and water rights. The applicant stated that all nearby water users were in a different ground water aquifer and upgradient from the mining operation, therefore there would be no mine related impacts to wells in the area. Additionally, the Division's review of the application in conjunction with the State Engineer's Office includes an evaluation of water rights and adjudication. The applicant has provided all the necessary information with regard to water rights, which indicates compliance with state statutes and regulations. One citizen questioned whether underground workings will be present under the Riverbend subdivision. There will be no mining under the subdivision or any renewable resource lands. A citizen questioned whether topsoil would be impacted by the mining operation. As provided in the plan, topsoil has been salvaged and stockpiled at the mine site and stabilized until needed for reclamation. As a portion of the topsoil question, a concern for surface water runoff was expressed. The applicant has constructed a sediment pond and diversions, in addition to alternative sediment control measures to control surface runoff. Mine Safety Several citizens expressed concerns regarding mine safety and the measures that would be taken to ensure safe mine operations. It was explained that while the Division does some evaluation of safety related operations during its regular inspections, two other agencies, the federal Mine Safety and Health Administration and the State Division of Mines, are concerned exclusively with safety and conduct inspections to ensure compliance. Local Government Planning and Zoning Issues In addition to the above concerns, citizens expressed concerns and asked questions regarding subjects of local control such as access roads to the mine, noise control and zoning. The Division does not have control over decisions concerning these topics, and citizens were referred to the Garfield County Planning Department and County Commissioners. 0262F ern STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver, Colorado 80220-3716 Phone (303) 320-8333 May 8, 1990 Mr. E. Peter Matthies NEW CASTLE ENERGY CORPORATION 7625 East Napa Place Denver, Colorado 80237 Telefax: (303) 322-9076 (Main Building/Denver) (303) 320-1529 (Ptarmigan Place/Denver) (303) 248-7198 (Grand )unction Regional Office) Re: Permit Nos. 84GA323F (1, 3-12) and 85GA335 (1-3) Dear Mr. Matthias: Roy Romer Governor Thomas M. Vernon, t, Executive Director We have received your request for an extension of Permits 84GA323F (1, 3-12) and 85GA335 (1-3) which expired on October 1, 1987. In accordance with Regulation 3.IV.G.4.b. the Division may extend an expiration date for a period of up to 18 months, upon showing of good cause by the permittee. In considering what constitutes good cause and the length of time a permit may be extended the Division shall consider the degree of construction completed, the amount invested or legally committed to the project, whether an extension would prevent (e.g., through reservation of a PSD increment) economic development in the affected area, general economic conditions, the health of the community as it affects the ability of the permittee to proceed and other relevant factors. Based upon the above criteria and the information submitted for the extension request we make the following conclusions: Insufficient information provided to extend permit in accordance with Regulation No. 3.IV.G.4.b.. Please provide additional justification in accordance with the criteria stated above. Request denied. Information provided does not warrant an extension of the permit in accordance with Regulation No. 3.IV.G.4.b. X Request granted. New expiration date for Permits 84GA323F (1, 3-12) and 85GA335 (1-3) will be on December 1, 1991. The extension is granted for the following reason(s): Sufficient amount invested in the project. This letter will serve as official notice that the extension has been granted and should be kept with the permits. Mr. E. Peter Matthies May 8, 1990 Page 2 We suggest that you review carefully the above referenced permits for applicability to today's project. If you plan on activities not covered by the permits, addition of new sources, or increases to the limitations as stated on the permits, you will need to apply for new or modified permits. A Notice of Startup form needs to be filed thirty (30) days or more prior to startup of activities. If• you have any questions regarding this action please call Tom Tistinic at (303) 331-8590. Sincerely, James S. Geier, Chief New Source Review Section Stationary Sources Program Air Pollution Control Division JSG/0089i cc: Scott Miller, Grand Junction Office APCD Enforcement Technical Secretary, AQCC o COLORADO DEPARTIVIENT OF HEALTH ;WityAir Pollution Control Division /876 Telephone: (303) 320-4180 EMISSION PERMIT PERMIT NO 84GA323-F1 INITIAL APPROVAL 13 DATE ISSUED: April 12, 1985 FINAL APPROVAL ❑ ISSUED TO: STORM KING MINES, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of I-70 Highway" midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Coal Ridge No. 1 Mine; construction of surface facilities, temporary storage piles, starter refuse impoundment, dam and haul roads and limited coal production. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. The fugitive particulate emission control measures listed on the attached page (as proposed in the Fugitive Particulate Emission Control Plan submitted to the Division) shall be applied to the particulate producing sources as required by Regulation No. 1. 2. Emissions of particulate matter shall not exceed the following limitation(s) (as calculated in the Division's preliminary analysis): 218.55 lbs./hour and 150.6 tons/year. GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 6, 7, and 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduction of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been deter- mined by the APCD to be necessary to assure compliance with the provisions of C.R.S. 1973, 25-7-114(4)(g) and, as such, shall be enforceable under the provisions of C.R.S. 1973, 25-7-115 after final approval of the permit has been granted. Emission limits are imposed to ensure that emissions will not (1) interfere with reasonable further progress toward attainment of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-114(4)(gXIXB) and 25-7-301(1); Section 172(b)(3) of the Federal Clean Air Act, 42 USC 7502 (b)(3); and Section IV.D.2. of the Air Quality Control Commission Regulation No. 3 or (2) result in an exceedance of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-102, 25-7-105(1)(a)(I), and 25-7-201(1)(b); Section 165(a)(3) of the Clean Air Act, 42 USC 7475(a)(3); and Section IV.D.1.c. of Air Quality Control Commission Regulation No. 3. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to, or appeal of, a condition hereof shall constitute a rejection of the entiie permit and upon such occurrence this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the revised Air Pollutant Emissions Notice (APEN) (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in Section 111.6. of AQCC Regulation No. 3 upon a request for transfer of ownership. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of C.R.S. 1973, Section 25-7-114(4)(j) and Section IV.H. of AQCC Regulation No. 3. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of thispermit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later, (2) discontinue construction for a period of 18 months or more, or (3) do not complete construction within a reasonable time of the estimated completion date. Exten- sions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of C.R.S.1973, Section 25-7-114(4)(j) and Regula- tion No. 3., Section IV.H.1., and can result in the revocation of the permit. 8. YOU MUST obtain final approval within six months of the commencement of operation as that term is defined by the AQCC. Failure to obtain final approval will result in the revocation of the permit. 9. Violation of the terms of a permit which has received final approval or of the provisions of the Colorado Air Quality Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under C.R.S. 1973, Sections 25-7-115 (enforcement), 25-7-121 (injunctions), 25-7-122 (civil penalties) and 25-1-114 (criminal penalties). APCD:83 (REV. 10/83) FUGITIVE PARTICULATE EMISSION CONTROL PLAN STORM KING MINES, INC. Permit 84GA323F -1 The following fugitive particulate emission control measures shall be used for enforcement purposes on the sources covered by this permit, as required by the Air Quality Control Commission Regulation No. 1. 1. Stockpiles of topsoil, rock, overburden, shall be watered as needed to prevent visible fugitive particulate emissions and to promote growth of vegetation. 2. A chemical stabilizer will be applied to the coal stockpile when undisturbed for three or more days to minimize fugitive emissions. 3. Refuse impoundment dams will be compacted by sheeps foot compactor. Refuse stored in pond shall be covered by water until area is reclaimed. 4. Permanent stockpiles will be protected from wind erosion by construction of 8 feet tall berms and planting of 20 foot tall trees around the piles. 5. Conveyor/stackers shall be used to deposit material on rock and coal stockpiles. 6. Unpaved haul roads on site shall be watered within 10 hours each day. Chemical dust suppressants will supplement watering as needed. Vehicle speeds shall be limited to 30 m.p.h. on site and controlled by managerial personnel. 7. Permanent haul roads shall be gravelled initially and paved after achieving full mining operation starting mid -1987. 8. Haul vehicles shall have loads wetted and be washed on the outside prior to transporting of loads offsite. Load size shall be limited to 90% of capacity of each vehicle. 9. Mud and dirt carryout onto paved surfaces shall be prevented by maintaining gravelled entryways, washing down vehicles prior toentry onto paved roads and limiting load size. Any carryout shall be removed at least once every eight hour period, five days per week. STORM KING MINES, INC. Initial Approval - Permit 84GA323F-1 Page 2 These emissions are based on removal of up to 1.7 million cubic yards topsoil; extract screen and transport offsite up to a maximum of 150,000 tons per year coal; drill and blast up to 400,000 cubic yards rock and topsoil per year; disturbance of up to 200 acres including 25 acres for a refuse disposal site; maintenance of stockpiles for 10,000 tons coal; 10,000 tons rock and overburden and 493,000 tons topsoil; and haul vehicle traffic up to 8,571 miles per year on site. Applicant shall maintain daily and annual records of coal removed from site for Division inspection upon request. 3. This permit shall expire June 30, 1987. 4. The expiration date for this permit is October 12, 1986 BY: (See General Permit Condition No. 6, Item (1), on reverse of this permit. Section Chief Engineering Section Stationary Sources Program Air Pollution Control Division COLORADO DEPARTMENT OF HEALTH 76 Air Pollution Control Division /8 Telephone: (303) 320-4180 MISSION PE - MIT PERMIT NO 84GA323 -3 DATE ISSUED: April 12, 1985 FINAL APPROVAL ❑ ISSUED TO: INITIAL APPROVAL 0 STORM KING MINES, INC. THE SOURCE TO WHICH TI -HS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of I-70 Highway midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Three (3) Mine vents for underground coal Ridge No. 1. Coal mine operated collectively or individually. Emissions are generated by stationary and mobile diesel engines and by explosive detonations. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Opacity of emisisons shall not exceed 20%. 2. Emissions from any one or all 3 vents shall not exceed any of the following limitations (as calculated in the Division's Preliminary Analysis, based on information supplied by the applicant): Particulate: S02: NOx: CO VOC: H2S: .14 lbs./hour 1.0 lbs./hour 10.1 lbs./hour 49.6 lbs./hour .14 lbs./hour 1.1 lbs./hour and and and and and and 0.1 tons/year; 1.5 tons/year; 15.4 tons/year; 69.8 tons/year; 0.1 tons/year; 1.5 tons/year. STORM KING MINES, INC. Initial Approval - Permit 84GA323 -3 Page 2 3. This source shall be limited to a maximum of 20 explosive detonations/day, 7020 blasts/year, 6000 vehicle miles/year and operation of 650 KW emergency diesel electric generator 12 hours per year, and all other activities, operational rates, and numbers of equipment as stated in the application. 4. Daily and annual records of diesel fuel consumption and explosive detonations shall be maintained by the applicant and made available to the Division for inspection upon request. 5. The expiration date for this permit is October 12, 1986 (See General Permit Condition No. 6, Item (1), on reverse of this permit). BY: 1 --LP o,: Rev w Engineer tion Chief Engineering Section Stationary Sources Program Air Pollution Control Division (v1 -'r-n )40044 COLORADO DEPARTMENT OF HEALTH T '` S/NE NtjF1,�4 Air Pollution Control Division \\18 76 ,/ Telephone: (303) 320-4180 EMISSION PERMIT PERMIT NO 84GA323F-4 INITIAL APPROVAL El DATE ISSUED: April 12, 1985 FINAL APPROVAL ❑ ISSUED TO: STORM KING MINES, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of I-70 Highway midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Coal Ridge No. 1 Mine; coal and refuse conveyors C-1 through C-12 including five (5) transfer points. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. The fugitive particulate emission control measures listed on the attached page (as proposed in the Fugitive Particulate Emission Control Plan submitted to the Division) shall be applied to the particulate producing sources as required by Regulation No. 1. 2. Emissions of particulate matter shall not exceed the following limitation(s) (as calculated in the Division's preliminary analysis): .055 lbs./hour and 0.15 tons/year. These emission limitations are based on transporting up to a maximum of 2.95 million tons raw coal per -year; 2.2 million tons clean coal per year; and up to a maximum of 490,000 tons refuse per year. STORM KING MINES, INC. Initial Approval - Permit 84GA323F-4 Page 2 3. Applicant shall maintain daily and annual records of raw coal and refuse coal conveyed for Division inspection upon request. 4. The expiration date for this permit is October 12, 1986 (See General Permit Condition No. 6, Item (1), on reverse of this permit. 5. This source is subject to Federal New Source Performance Standard (NSPS) requirements of Regulation No. 6, Section XXIII.C. which limits particulate emissions to 20% opacity. BY: Revi w Engineer By: lection Chief Engineering Section Stationary Sources Program Air Pollution Control Division FUGITIVE PARTICULATE EMISSION CONTROL PLAN STORM KING MINES, INC. Permit 84GA323F -4 The following fugitive particulate emission control measures shall be used for enforcement purposes on the sources covered by this permit, as required by the Air Quality Control Commission Regulation No. 1. 1. All conveyors shall be maintained totally enclosed. 2. A11 transfer points shall be maintained totally enclosed. 3. Material conveyed shall have a moisture content of 6.9% or greater. COLORADO DEPARTMENT OF HEALTH S'^'E Num` j 1876 Air Pollution Control Division Telephone: (303) 320-4180 E ISSION PERIVlBT PERMIT NO 84GA323-5 INITIAL APPROVAL 0 DATE ISSUED: April 12, 1985 FINAL APPROVAL ❑ ISSUED TO: STORM KING MINES, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of 1-70 Highway midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Coal Ridge No. 1 Mine: Pumping and sizing building containing sizing screens, cyclones and centrifuges. Particulate emissions are controlled by enclosed building and water spray. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Opacity of emisisons shall not exceed 207.. 2. Emissions shall not exceed any of the following limitations (as calculated in the Division's Preliminary Analysis, based on information supplied by the applicant): Particulate: 0.54 lbs./hour and 1.48 tons/year. STORM KING MINES, INC. Initial Approval - Permit 84GA323-5 Page 2 3. This source shall be limited to a maximum raw coal production rate of 540 tons/hour and 2.95 million tons/year, and all other activities, operational rates, and numbers of equipment as stated in the application. 4. Daily and annual records of raw coal processed shall be maintained by the applicant and made available to the Division for inspection upon request. 5. This permit number shall be clearly marked on each separable major component of the equipment for ease of identification. 6. This source is subject to Colorado and Federal New Source Performance Standard Requirements of Regulation No. 6, Subpart B, Section XXIII, which limits emissions of particulate to 20% opacity, and emission rate of 47.6 lbs./hour. 7. The expiration date for this permit is October 12, 1986 (See General Permit Condition No. 6, Item (1), on reverse of this permit). BY: Rev Engineer By: ction Chief Engineering Section Stationary Sources Program Air Pollution Control Division COLORADO DEPARTMENT OF HEALTH is ` riN=F�``j4 7f Air Pollution Control Division \'F 1876 / Telephone: (303) 320-4180 EMISS!ON PERMIT PERMIT NO 84GA323 -6 INITIAL APPROVAL DATE ISSUED: April 12, 1985 FINAL APPROVAL 0 ISSUED TO: STORM KING MINES, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of 1-70 Highway midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Coal Ridge No. 1 Mine: Raw Coal Crusher Building No. 2. Particulate emissions are controlled by enclosing the crusher in a building and crushing wet coal. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Opacity of emisisons shall not exceed 20%. 2. Emissions shall not exceed any of the following limitations (as calculated in the Division's Preliminary Analysis, based on information supplied by the applicant): Particulate: .034 lbs./hour and .07 tons/year. STORM KING MINES, INC. Initial Approval - Permit 84GA323-6 Page 2 3. This source shall be limited to a maximum raw coal production rate of 86 tons/hour and 351,000 tons/year, and all other activities, operational rates, and numbers of equipment as stated in the application. 4. Daily and annual records of coal crushing shall be maintained by the applicant and made available to the Division for inspection upon request. 5. This permit number shall be clearly marked on each separable major component of the equipment for ease of identification. Applicant shall provide manu- facturer, model, and serial number of crusher prior to Final Approval. 6. Each time this equipment or any separable major component thereof is moved to a new location within the State of Colorado for a period of thirty (30) days or longer, the applicant shall file a Revised Air Pollution Emission Notice at least thirty days prior to relocation. 7. This source is subject to Colorado and Federal New Source Performance Standard Requirements of Regulation No. 6, Subpart B, Section XXIII, which limits emissions of particulate to 20% opacity, and emission rate of 35.3 lbs./hour. 8. The expiration date for this permit is October 12, 1986 (See General Permit Condition No. 6, Item (1), on reverse of this permit). BY: By: ction Chief Engineering Section Stationary Sources Program Air Pollution Control Division IG/] . I \' COLORADO DEPARTMENT OF HEALTH EMISSION PERMIT T (f�VE Ni1�M � Air Pollution Control Division Telephone: (303) 320-4180 PERMIT NO 84GA323-7 INITIAL APPROVAL 0 DATE ISSUED: April 12, 1985 FINAL APPROVAL ISSUED TO: STORM KING MINES, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of 1-70 Highway midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Coal Ridge No. 1 Mine: Preparation Plant Building where refuse coal is washed from raw coal. Particulate emissions are controlled by enclosing operation in a building. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Opacity of emisisons shall not exceed 20%. 2. Emissions shall not exceed any of the following limitations (as calculated in the Division's Preliminary Analysis, based on information supplied by the applicant): Particulate: .013 lbs./hour and .04 tons/year. STORM KING MINES, INC. Initial Approval - Permit 84GA323 -7 Page 2 3. This source shall be limited to a maximum raw coal throughput rate of 540 tons/hour and 2.95 million tons/year, and all other activities, operational rates, and numbers of equipment as stated in the application. 4. Daily and annual recordsof raw coal processed shall be maintained by the applicant and made available to the Division for inspection upon request. 5. This permit number shall be clearly marked on each separable major component of the equipment for ease of identification. 6. This source is subject to Colorado and Federal New Source Performance Standard Requirements of Regulation No. 6, Subpart B, Section XXIII, which limits emissions of particulate to 20% opacity, and emission rate of 47.6 lbs./hour. 7. The expiration date for this permit is (See General Permit Condition No. 6, Item (1) on reverse of this permit). BY: October 12, 1986 Revi: Engineer By: Section Chief Engineering Section Stationary Sources Program Air Pollution Control Division COLORADO DEPARTMENT OF HEALTH /Air Pollution Control Division 1876 Telephone: (303) 320-4180 EMISSI N PERMIT PERMIT NO 84GA323-8 DATE ISSUED: April 12, 1985 ISSUED TO: STORM KING MINES, INC. INITIAL APPROVAL El FINAL APPROVAL 0 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of 1-70 Highway midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Coal Ridge No. 1 Mine: Slot storage building #4 for the storage of up to 35,000 tons clean coal. Particulate emissions are controlled by enclosing the storage pile in a building and use of a waterspray system. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Opacity of emisisons shall not exceed 20%. 2. Emissions shall not exceed any of the following limitations (as calculated in the Division's Preliminary Analysis, based on information supplied by the applicant): Particulate: .09 lbs./hour and .24 tons/year. STORM KING MINES, INC. Initial Approval - Permit 84GA323-8 Page 2 3. This source shall be limited to a maximum cleaned coal production rate of 405 tons/hour and 2.2 million tons/year, and all other activities, operational rates, and numbers of equipment as stated in the application. 4. Daily and annual records of cleaned coal produced shall be maintained by the applicant and made available to the Division for inspection upon request. 5. This permit number shall be clearly marked on each separable major component of the equipment for ease of identification. 6. This source is subject to Colorado and Federal New Source Performance Standard Requirements of Regulation No. 6, Subpart B, Section XXIII, which limits emissions of particulate to 20% opacity, and emission rate of 45.24 lbs./hour. ew Engineer By: lection Chief Engineering Section Stationary Sources Program Air Pollution Control Division COLORADO DEPARTMENT OF HEALTH Air Pollution Control Division /876 -. A:.yy Telephone: (303) 320-4180 EMISSION PERMIT PERMIT NO 84GA323-9 INITIAL APPROVAL 13 DATE ISSUED: April 12, 1985 FINAL APPROVAL ❑ ISSUED TO: STORM KING MINES, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of I-70 Highway' midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Coal Ridge No. 1 Mine: Railroad Loadout Building No. 5 containing a 300 ton surge bin and 100 ton weigh bin. Particulate emissions are controlled by enclosing all activities in a building. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Opacity of emisisons shall not exceed 20%. 2. Emissions shall not exceed any of the following limitations (as calculated in the Division's Preliminary Analysis, based on information supplied by the applicant): Particulate: .74 lbs./hour and .09 tons/year. STORM KING MINES, INC. Initial Approval - Permit 84GA323-9 Page 2 3. This source shall be limited to a maximum cleaned coal production rate of 9000 tons/hour and 2.2 million tons/year, and all other activities, operational rates, and numbers of equipment as stated in the applications. 4. Daily and annual recordsof clean coal production shall be maintained by the applicant and made available to the Division for inspection upon request. 5. This permit number shall be clearly marked on each separable major component of the equipment for ease of identification. 6. Each time this equipment or any separable major component thereof is moved to a new location within the State of Colorado for a period of thirty (30) days or longer, the applicant shal file a Revised Air Pollution Emission Notice at least thirty days prior to relocation. 7. This source is subject to Colorado and Federal New Source Performance Standard Requirements of Regulation No. 6, Subpart B, Section XXIII, which limits emissions of particulate to 20% opacity, and emission rate of 74.3 lbs./hour. 8. The expiration date for this permit is October 12., 1986. (See General Permit Condition No. 6, Item (1), on reverse of this permit. BY: By: ctionChief Engineering Section Stationary Sources Program Air Pollution Control Division COLORADO DEPARTMENT OF HEALTH Air Pollution Control Division N</8 / Telephone: (303) 320-4180 EMISSION PERMIT PERMIT NO. 84GA323F-10 INITIAL APPROVAL DATE ISSUED: April 12, 1985 FINAL APPROVAL 0 ISSUED TO: STORM KING MINES, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of 1-70 Highway midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR FOLLOWING: Coal Ridge No. 1 Mine; load in by stacker and front end loader. ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE 10,000 ton Coarse Coal Stockpile including load out from reclaim tunnel by conveyor and THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. The fugitive particulate emission control measures listed on the attached page (as proposed in the Fugitive Particulate Emission Control Plan submitted to the Division) shall be applied to the particulate producing sources as required by Regulation No. 1. 2. Emissions of particulate matter shall not exceed the following limitation(s) (as calculated in the Division's preliminary analysis): .126 lbs./hour and 0.43 tons/year. These emission limitations are based on maintaining a 10,000 ton stockpile of coarse coal and a load in and load out rate of 1.91 million tons coarse coal per year at a rate of 351 tons per hour. STORM KING MINES, INC. Initial Approval - Permit 84GA323F-10 Page 2 Applicant shall maintain daily and annual records of coarse coal processed for Division inspection upon request. 3. The expiration date for this permit is October 12, 1986 (See General Permit Condition No. 6, Item (1), on reverse of this permit. BY: ew Engineer By: 2:0e2I ction Chief Engineering Section Stationary Sources Program Air Pollution Control Division FUGITIVE PARTICULATE EMISSION CONTROL PLAN STORM KING MINES, INC. Permit 84GA323F -10 The following fugitive particulate emission control measures shall be used for enforcement purposes on the sources covered by this permit, as required by the Air Quality Control Commission Regulation No. 1. 1. Stockpile shall be watered to maintain a surface moisture content of 10% minimum. 2. Coal shall be loaded into stockpile by stacking tubes. Load out from stockpile shall be by underground reclaimer. 3. Eight -foot berms shall be constructedaround the coarse coal stockpile and planted with 20 -foot trees to provide an effective windbreak to prevent wind =erosion of the stockpile. COLORADO DEPARTMENT OF HEALTH \K\ 'F j87E) Air Pollution Control Division Telephone: (303) 320-4180 EMISSION PERMIT PERMIT NO 84GA323F-11 INITIAL APPROVAL El DATE ISSUED: April 12, 1985 FINAL APPROVAL ❑ ISSUED TO: STORM KING MINES, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of 1-70 Highway midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Coal Ridge No. 1 Mine: 1500 tons specialty coal stockpile to include load in and load out by front end loader. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. The fugitive particulate emission control measures listed on the attached page (as proposed in the Fugitive Particulate Emission Control Plan submitted to the Division) shall be applied to the particulate producing sources as required by Regulation No. 1. 2. Emissions of particulate matter shall not exceed the following limitation(s) (as calculated in the Division's preliminary analysis): .04 lbs./hour and .08 tons/year. These emission limitations are based on maintaining a 1500 ton stockpile of specialty coal and a maximum load in load out rate of 50,000 tons per year. STORM KING MINES, INC. Initial Approval - Permit 84GA323F-11 Page 2 Applicant shall maintain daily and annual process rates of specialty coal for Division inspection upon request. 3. The expiration date for this permit is October 12, 1986 (See General Permit Condition No. 6, Item (1), on reverse of this permit. BY: Rev Engineer By: S, tion Chief ngineering Section Stationary Sources Program Air Pollution Control Division FUGITIVE PARTICULATE EMISSION CONTROL PLAN STORM KING MINES, INC. Permit 84GA323F -11 The following fugitive particulate emission control measures shall be used for enforcement purposes on the sources covered by this permit, as required by the Air Quality Control Commission Regulation No. 1. 1. Eight -foot high berms shall be constructed aroundthe specialty coal stockpile with 20 -foot trees planted on it to provide a windbreak and prevent wind erosion of the stockpile. 2. Load in and load out shall be by end dump truck and front end loader. 3. Vehicle speeds on unpaved areas shall be limited to 30 m.p.h. and enforced by management personnel. COLORADO DEPARTMENT OF HEALTH �,f�NE ryt3M'y; Air Pollution Control Division �� f 8 7 6 / Telephone: (303) 320-4180 EMISS!ON PERMII PERMIT NO 84GA323 -12 INITIAL APPROVAL El DATE ISSUED: April 12, 1985 FINAL APPROVAL 0 ISSUED TO: STORM KING MINES, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining and surface coal preparation facility located South of 1-70 Highway midway between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Coal Ridge No. 1 Mine: 10,000 ton Coarse Refuse Stockpile including load in by stacker and load out by front end loader. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. The fugitive particulate emission control measures listed on the attached page (as proposed in the Fugitive Particulate Emission Control Plan submitted to the Division) shall be applied to the particulate producing sources as required by Regulation No. 1. 2. Emissions of particulate matter shall not exceed the following limitation(s) (as calculated in the Division's preliminary analysis): .08 lbs./hour and .26 tons/year. These emission limitations are based on maintaining a 10,000 ton coarse refuse stockpile, and a maximum load in/load out rate of 245,000 tons per year refuse coal. STORM KING MINES, INC. Initial Approval - Permit 84GA323F-12 Page 2 Applicant shall maintain daily and annual records of coarse refuse coal processed for Division inspection upon request. 3. The expiration date for this permit is October 12, 1986 (See General Permit Condition No. 6, Item (1), on reverse of this permit. BY: Re w Engineer Bv: ction Chief Engineering Section Stationary Sources Program Air Pollution Control Division FUGITIVE PARTICULATE EMISSION CONTROL PLAN STORM KING MINES, INC. Permit 84GA323F -12 The following fugitive particulate emission control measures shall be used for enforcement purposes on the sources covered by this permit, as required by the Air Quality Control Commission Regulation No. 1. 1. Watering of stockpile will be conducted as needed to maintain a minimum surface moisture content of 8%. 2. An 8 -foot high windbreak will be constructed around the stockpile and planted with 20 foot trees to prevent wind .erosion of the refuse stock- pile. 3. Coarse refuse will be loaded into the stockpile by stacker tube. 4. Refuse material loaded into the stockpile shall be maintained with a surface moisture content of 10% or greater. ( II11 0 COLORADO DEPARTMENT OF HEALTH * i Air Pollution Control Division \'F �$ 76 / Telephone: (303) 320-4180 MISSION PERMIT PERMIT NO 85GA335 (1) DATE ISSUED: December 24, 1985 ISSUED TO: NEW CASTLE ENERGY CORPORATION INITIAL APPROVAL FINAL APPROVAL 0 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining operation located south of 1-70 between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One Sullair Model 250, serial #43-5014, 300 HP diesel fired compressor engine. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed. 20% opacity. 2. The permit number shall be clearly marked on the subject equipment for ease of identification. 3. Construction of this source must commence within 18 months of initial approval permit issuance or within 18 months of the start -up -date stated in the application. If commencement does not occur within the stated time frame the permit will expire on (See General Condition No. 6., Item 1 on the reverse side of the first page of this permit). continued... GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 6, 7, and 8) 1 This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduction of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been deter- mined by the APCD to be necessary to assure compliance with the provisions of C.R.S. 1973, 25-7-114(4)(g) and, as such, shall be enforceable under the provisions of C.R.S. 1973, 25-7-115 after final approval of the permit has been granted. Emission limits are imposed to ensure that emissions will not (1) interfere with reasonable further progress toward attainment of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-114(4XgXIXB) and 25-7-301(i); Section 172(b)(3) of the Federal Clean Air Act, 42 USC 7502 (b)(3); and Section IV.D.2. of the Air Quality Control Commission Regulation No. 3 or (2) result in an exceedance of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-102, 25-7-105(1)(a)(I), and 25-7-201(1)(b); Section 165(a)(3) of the Clean Air Act, 42 USC 7475(a)(3); and Section IV.D.1.c. of Air Quality Control Commission Regulation No. 3. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to, or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the revised Air Pollutant Emissions Notice (APEN) (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in Section III.B. of AQCC Regulation No. 3 upon a request for transfer of ownership. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of C.R.S. 1973, Section 25-7-114(4)(j) and Section IV.H. of AQCC Regulation No. 3. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later, (2) discontinue construction for a period of 18 months or more, or (3) do not complete construction within a reasonable time of the estimated completion date. Exten- sions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of C.R.S. 1973, Section 25-7-114(4)(j) and Regula- tion No. 3., Section IV.H.1., and can result in the revocation of the permit. 8. YOU MUST obtain final approval within six months of the commencement of operation as that term is defined by the AQCC. Failure to obtain final approval will result in the revocation of the permit. 9. Violation of the terms of a permit which has received final approval or of the provisions of the Colorado Air Quality Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under C.R.S. 1973, Sections 25-7-115 (enforcement), 25-7-121 (injunctions), 25-7-122 (civil penalties) and 25-1-114 (criminal penalties). APCD:63 (REV. 10/83) NEW CASTLE ENERGY CORPORATION Emission Permit NO: 85GA335 (1) Initial Approval Page 2. 4. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): Particulate Matter: 0.17 lbs./hour and 0.20 tons/year. Sulfur Dioxide: 0.16 lbs./hour and 0.18 tons/year. Nitrogen Oxides: 2.35 lbs./hour and 2.76 tons/year. Volatile Organic Compounds: 0.16 lbs./hour and 0.19 tons/year. Carbon Monoxide: 0.51 lbs./hour and 0.60 tons.year. 5. This source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. Consumption of diesel fuel shall not exceed 5 gallons/hour or 11,760 gallon/year. 6. Each time this equipment is moved to a new location within the State of Colorado for a period of thirty (30) days or longer, the applicant shall file a Revised Air Pollution Emission Notice at least thirty (30) days prior to relocation. By: —.� �-- � By: Review Engineer dames S. Geier, P.E., Chief New Source Review Section Stationary Sources Program Air Pollution Control Division (v) COLORADO DEPARTMENT OF HEALTH * Aft Pollution Control Division \-* 18 76 4t Telephone: (303) 320-4180 ISSIONPE- MIT PERMIT NO 85GA335 (2) DATE ISSUED: December 24, 1985 ISSUED TO: NEW CASTLE ENERGY CORPORATION INITIAL APPROVAL El FINAL APPROVAL 0 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining operation located south of I-70 between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One Ingersoll Rand Model 600, serial #43-5001, 300 HP diesel fired compressor engine. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed 20% opacity. 2. The permit number shall be clearly marked on the subject equipment for ease of identification. 3. Construction of this source must commence within 18 months of initial approval permit issuance or within 18 months of the start -up -date stated in the application. If commencement does not occur within the stated time frame the permit will expire on (See General Condition No. 6., Item 1 on the reverse side of the first page of this permit). continued... • NEW CASTLE ENERGY CORPORATION Emission Permit No: 85GA335 (2) Initial Approval Page 2. 4. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): Particulate Matter: 0.10 lbs./hour and 0.12 tons/year. Sulfur Dioxide: 0.09 lbs./hour and 0.11 tons/year. Nitrogen Oxides: 1.41 lbs./hour and 1.66 tons/year. Volatile Organic Compounds: 0.10 lbs./hour and 0.11 tons/year. Carbon Monoxide: 0.31 lbs./hour and 0.36 tons/year. 5. This source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. Consumption of diesel fuel shall not exceed 3 gallons/hour or 7,056 gallons/year. 6. Each time this equipment is moved to a new location within the State of Colorado for a period of thirty (30) days or longer, the applicant shall file a Revised Air Pollution Emission Notice at least thirty (30) days prior to relocation. By: By: Review Engineer es S. Geier, P.E., Chief New Source Review Section Stationary Sources Program Air Pollution Control Division COLORADO DEPARTMENT OF HEALTH Air Pollution Control Division \'F /8 7 6 Telephone: (303) 320-4180 MISSION ` E ': MIT PERMIT NO 85GA335 (3) DATE ISSUED: December 24, 1985 ISSUED TO: NEW CASTLE ENERGY CORPORATION INITIAL APPROVAL El FINAL APPROVAL 0 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Underground coal mining operation located south of I-70 between New Castle and Glenwood Springs, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One 100 HP water pump. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed 20% opacity. 2. The permit number shall be clearly marked on the subject equipment for ease of identification. 3. The manufacturer, model number and serial number of the subject equipment shall be provided to the Division prior to Final Approval. continued... NEW CASTLE ENERGY CORPORATION Emission Permit No: 85GA335 (3) Initial Approval Page 2. 4. Construction of this source must commence within 18 months of initial approval permit issuance or within 18 months of the start -up -date stated in the application. If commencement does not occur within the stated time frame the permit will expire on (See General Condition No. 6., Item 1 on the reverse side of the first page of this permit). 5. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): Particulate Matter: 0.05 lbs./hour and 0.01 tons/year. Sulfur Dioxide: 0.05 lbs./hour and 0.01 tons/year. Nitrogen Oxides: 0.70 lbs./hour and 0.17 tons/year. Volatile Organic Compounds: 0.05 lbs./hour and 0.01 tons/year. Carbon Monoxide: 0.15 lbs./hour and 0.04 tons/year. 6. This source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. Consumption of of die5e1._fuel shall not exceed 1.5 gallons/hour or 735 gallons/yea 7. Each time this equipment is moved to a new location within the State of Colorado for a period of thirty (30) days or longer, the applicant shall file a Revised Air Pollution Emission Notice at least thirty (30) days prior to relocation. By: Review Engineer By: es S. Geier, P.E., Chief ew Source Review Section Stationary Sources Program Air Pollution Control Division STATE OF COLO[tfiD0 COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver, Colorado 80220 Phone (303) 320-8333 July 24, 1989 E. Peter Matthies, President New Castle Energy Corporation 7625 East Napa Place Denver, CO 80237 Roy Romer Governor Thomas M. Vernon, M.D. Executive Director CERTIFIED MAIL NO: P 157 655 237 RE: Final Permit, Colorado Wastewater Discharge Permit System Number: C0G-850005 (formerly C0-0040894) - New Castle Energy Corporation Gentlemen: Enclosed please find a copy of the permit which was issued under the Colorado Water Quality Control Act. Your discharge permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of your permit. Please read the permit and if you have any questions contact this office at 331-4590. Sincerely, J. David Holm Director Water Quality Control Division JDH/caw cc: Permits Section, Environmental Protection Agency Regional Council of Government Local County Health Department District Engineer, Field Support Section, WQCD Stan May, Field Support Section, WQCD Carol Wehrkamp, Permits and Enforcement Section, WQCD Ginny Torrez, Permits and Enforcement Section, WQCD Sandy Marek, Permits and Enforcement Section, WQCD Permit Drafters, Permits and Enforcement Section, WQCD Enclosure Permit No. COG -650000 Facility No. COG -850005 CDPS GENERAL PERMIT FOR COAL MINING FACILITIES (SURFACE RUNOFF ONLY) AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act (25-8-101 et. seq., CRS, 1973 as amended), facilities engaged in mining and processing of coal are authorized to discharge surface runoff from approved locations throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with conditions of this permit. This permit specifically authorizes the New Castle Energy Corporation to discharge from facilities identified as the Coal Ridge #1 Mine; located in the NW 1/4 of the NE 1/4 of Section 6, T5S, R9OW to unnamed tributaries to the Colorado River as of this date July 24, 1989 This permit and the authorization to discharge shall expire at June 30, 1992. Signed this 8th day of March, 1988 COLORADO DEPARTMENT OF HEALTH .eGG�,Cc- aul Ferraro, Director Water Quality Control Division This facility permit contains 25 pages. midnight, CERTIFIED LETTER NO & 7 4'S5 DATE SIf NED._._- z EFFECTIVE. DATE GAJ PERMIT 1 s,/ aLl 2 :i:? • n. __::i COLORADO DEPARTMENT OF HEALTH Water Quality Control Division 4210 East llth Avenue Denver, Colorado 80220 CERTIFICATION NEW CASTLE ENERGY CORPORATION COAL RIDGE #1 MINE PERMIT NO. COG -850005 (formerly CO -0040894) GARFIELD COUNTY FACILITY TYPE: Coal Mining (surface runoff only) FEE CATEGORY: Category 07, Sub -category 5 - General Permits, Coal mining - Current fee $340/year per CRS 25-8-502 SIC NO.: 1211 LOCATION: In the NW 1/4, NE 1/4, Sec 6, T5S, R9OW; approximately 3 miles east of New Castle, CO. LEGAL AND LOCAL CONTACT: E. Peter Matthies President 7625 East Napa Place Denver, CO 80237 (303)+779-5901 RECEIVING WATERS: Unnamed tributaries to the Colorado River SUB -BASIN, SEGMENT: Segment 4, Lower Colorado River sub -basin and basin CLASSIFICATION: Recreation, Class 2 Aquatic Life, Class 2 (Cold) Agricultural Use DESIGN CAPACITY: Ponds are designed to contain the 10 -year, 24-hour precipitation event. COLORADO DEPARTMENT OF HEALTH Water Quality Control Division Certification - Page 2 Facility No.: COG -850005 FACILITY DESCRIPTION: Two ponds exist at the mine site. Sediment pond A (outfall 001) serves the mine portal area and the loadout facility area. Sediment pond B (outfall 002) serves the refuse disposal area. Only'one discharge was reported during the period from January, 1986, through March 1989. That discharge was within permit limitations. The facility is presently inactive. Therefore, any discharges from the facility in the near future should be the result of surface runoff. The permittee estimates that the facility will remain inactive for a minimum of 12 months. If discharge of mine water, prep plant water, sanitary water or other non -surface runoff -related water becomes necessary, the permittee will have to request that an individual permit be drafted to replace this general permit prior to the occurrence of such discharge. DISCUSSION: Active mining limitations and monitoring requirements in the permit apply to outfalls 001 and 002. Post -mining limitations and monitoring requirements do not apply to this facility at this time. The facility is a new source facility under federal definition, therefore the new source limitations on pages 4 and 5 of the permit shall apply to this facility. Refer to CFR 434.11 (j) for more information. Total dissolved solids monitoring of the discharge shall be performed. Total phosphorus monitoring shall not be performed. See page 7 of the permit. The permit does not require submission of a Materials Containment Plan; however diking as described in the rationale and in Part I.B.1.(c)4 of the permit should be performed. No landfills or ore tailings are located adjacent to or near this facility. There are no drinking water intakes within 5 miles downstream. The permittee is encouraged to read the general rationale for an understanding of how the permit was developed and to read the permit itself to see what requirements exist. Effluent limitations and monitoring requirements are specified in Part I.B, and special notification requirements for effluent violations are addressed in Part II.A.3. Based on the above information, the Coal Ridge #l1 Mine is certified to discharge under the general permit for coal mining facilities, identified as permit number COG -850000. All correspondence relative to this facility should reference the specific facility number, COG -850005. Jon C. Kubic July 17, 1989 PART I Page 2 Permit No. COG -850000 A. COVERAGE UNDER THIS PERMIT 1. This general permit authorizes discharges that consist entirely of precipitation induced surface runoff from coal mining and processing operations and loadouts, while active mining is taking place or during reclamation, into waters of the State of Colorado. Exceptions are those facilities in the Cherry Creek Basin upstream of Cherry Creek Reservoir and those tributary to Chatfield Reservoir downstream of the USGS gage at Waterton or in the Plum Creek drainage. No mine water, preparation plant water, spoils spring water, domestic sewage or other wastewater other than surface runoff may be discharged. Multiple discharges from one facility may be authorized through this permit but ALL DISCHARGES FROM A FACILTY COVERED BY THIS PERMIT MUST CONSIST ENTIRELY OF SURFACE RUNOFF. If a facility has discharges from one or more of the above excluded sources alone or in addition to surface runoff discharges, an individual permit is required. 2. In order to apply for certification under this general permit, the owner, operator, and/or authorized agent of the subject facility shall submit by certified mail or hand delivery, the completed Coal Mining Wastewater Discharge Application (furnished by the. division) which generally requires the following information (at a minimum): (a) Name, address and descriptive location of the facility; (b) Name of principal in charge of operations;. (c) Name of the water receiving the discharge; (d) Description of the activity including the anticipated duration of activity and/or discharge, anticipated volume, and rate of • discharge; (e) Description of any waste water containment and/or treatment; (f) A map showing the general geographical location of the facility and a sketch of the facility showing outfall(s) and receiving water(s); and (g) An analysis of the water to be discharged. At least thirty (30) days prior to the anticipated date of discharge, such information shall be submitted to: Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Attention: Permits and Enforceme:at PART I Page 3 Permit No. COG -850000 A. COVERAGE UNDER THIS PERMIT 2. (Continued) The division shall have up to thirty (30) days after receipt of the above information to request additional data or deny the authorization. to discharge. Upon receipt of additional information the division shall have an additional 30 days to issue or deny authorization to discharge. If the applicant does not receive a request for additional information or a notification of denial from the division wil:hin thirty days, authorization to discharge in accordance with the conditions of the permit shall be deemed granted. If the division determines that the facility does not fall under the authority of the general permit, then the information received will be processed for an individual permit, and discharge will not be allowed until 180 days after the date the application was received. The applicant shall be notified of such a determination. 3. Authorization to discharge under this general permit shall expire on June 30, 1992. The division must evaluate this general permit once every five (5) years and must also recertify the applicant's authority to discharge under the general permit, at such time. Therefore, a permittee desiring continued coverage under the general permit must re -apply by January 1, 1992. The Division will determine if the applicant continues to operate under terms of the general permit. B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Effluent Limitations (a) Active Mining Effluent Parameter PART I Page 4 Permit No. COG -850000 Discharge Limitations Maximum Concentration 30 -day avg. a/ Daily Max. c/ Flow, MGD N/A Report Total Suspended Solids, mg/1 35 70 Total Iron, mg/1 (Existing Sources) 3.5 7.0 Total Iron, mg/1 (New Sources) i/ 3.0 6.0 Total Dissolved Solids, mg/1 N/A Report (Colorado River Basin Only) Total Phosphorus (as P), mg/1 N/A Report (Dillon Reservoir Drainage Only) pH shall remain between 6.5 and 9.0 s.u. c/. Oil and grease shall not exceed 10 mg/1 c/ nor shall there be a visible sheen f/. Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period less than or equal to the 10 -year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations subject to burden of proof requirements described in Part I.B.:L.d). Effluent Parameter Discharge Limitations • Maximum Concentration Daily Maximum c/ Flow, MGD Report Settleable Solids, ml/1 h/ 0.5 Total Dissolved Solids, mg/1 Report (Colorado River Basin Only) Total Phosphorus (as P), mg/1 Report (Dillon Reservoir Drainage Only) pH shall remain between 6.5 and 9.0 s.u. c/. Oil and grease shall not exceed 10 mg/1 c/ nor shall there be a visible sheen f/ See Part I.B.3. for Footnotes PART I Page 5 Permit No. COG -850000 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Effluent Limitations (a) Active Mining (Continued) Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period greater than the 10 -year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations subject to burden of proof requirements described in Part I.B.1.d). Flow, MGD - monitoring only per Part I.B.2.a Total Dissolved Solids, mg/1 - monitoring only per Part I.B.2.a (Colo. River Basin Only) Total Phosphorus (as P), mg/1 - monitoring only per Part I.B.2.a. (Dillon Reservoir drainage only) pH shall remain between 6.5 and 9.0 s.u. c/. Oil and grease shall not exceed 10 mg/1 c7 nor shall there be a visible sheen f/. (b) Post -Mining Effluent Parameter Discharge Limitations Maximum Concentration Daily Maximum c/ Flow, MGD Report Settleable Solids, m1/1 h/ 0.5 Total Dissolved Solids, mg/1 (Colorado River Basin Only) Report Total Phosphorus (as P), mg/1 (Dillon Reservoir Drainage Only) Report pH shall remain between 6.5 and 9.0 s.u. c/. Oil and grease shall not exceed 10 mg/1 c/ nor shall there be a visible sheen f/ Any discharge or increase in the volume of a discharge caused by precipitation within any 24-hour period greater than the 10 -year, 24-hour precipitation event (or snowmelt of equivalent volume) may comply with the following limitations subject to burden of proof requirements described in Part I.B.1.d). Flow, MGD - monitoring only per Part I.B.2.b Total Dissolved Solids, mg/1 - monitoring only per Part I.B.2.b (Colo. River Basin Only) Total Phosphorus (as P), mg/1 - monitoring only per Part I.B.2.b. (Dillon Reservoir drainage only) pH shall remain between 6.5 and 9.0 s.u. c/. Oil and grease shall not exceed .10 mg/1 c% nor shall there be a visible sheen f/. See part I.B.3. for Footnotes PART I Page 6 Permit No. COG -850000 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Effluent Limitations (c) General Limitations - Active and Post -Mining 1. There shall be no discharge of sanitary waste waters from toilets or related facilities. 2. There shall be no discharge of floating solids or visible foam in other than trace amounts. 3. No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the permit issuing authority and imposition of suchspecial conditions as are appropriate. 4. Bulk storage structures or petroleum products and other chemicals shall have adequate protection so as to contain all spills and prevent the material from entering discharged waters or waters of the state. Additional requirements are set forth in Section 311 of the Federal Clean Water Act. 5. There shall be no land application of wastewater, other than for dust control. (d) Burden of Proof Requirement The permittee has the burden of proof when requesting relief from total suspended solids (TSS), total iron and/or settleable solids limitations. For rainfall, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 hours after measurable precipitation has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after precipitation greater than the 10 -year, 24-hour event has stopped. For snowmelt, to waive TSS and total iron limitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow has stopped. In addition, to waive settleable solids limitations, it is necessary to prove that discharge occurred within 48 hours after pond inflow volume greater than the 10 -year, 24-hour event has stopped. The division shall determine the adequacy of proof. (e) Post -Mining Areas A post -mining area is defined as an area in which active mining has ceased, all surface areas have been returned to the required contour and revegetation has begun. When the area serving an outfall meets these requirements the permittee shall notify the division so that appropriate modifications can be made. Each facility certification shall state whether active or post -mining limitations apply to each authorized outfall. PART I Page 7 Permit No. COG -850000 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 2. Monitoring Requirements In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part I.B.1, the permittee shall monitor all effluent parameters at the following frequencies. (a) Active Mining Effluent Parameter Measurement Frequency d/ Sample Type e/ Flow, MGD Weekly Instantaneous or Continuous Total Suspended Solids, mg/1 Monthly Grab Total Iron, mg/1 Monthly Grab Settleable Solids, ml/1 h/ Monthly Grab Oil and Grease, mg/1 Weekly Visual f/ pH, s.u. Weekly Grab Total Dissolved Solids, mg/1 £/* Quarterly - Grab Total Phosphorus (as P), mg/1** Quarterly Grab (b) Post -Mining Effluent Parameter Measurement Frequency d/ Sample Type e/ Flow, MGD Monthly Instantaneous or Continuous Settleable Solids, ml/1 h/ Monthly Grab Oil and Grease, mg/1 Monthly Visual f/ pH, s.u. Monthly Grab Total Dissolved Solids, mg/1 £/* Quarterly Grab Total Phosphorus (as P), mg/1** Quarterly Grab * Total Dissolved Solids monitoring is required only for discharges to the Colorado River Basin. See specific facility certification rationale to determine whether TDS monitoring is required. Total phosphorus monitoring is required only for discharges to the Dillon Reservoir drainage area (i.e., Ten Mile Creek, Snake River, Blue River, all tributaries to the Dillon Reservoir). See specific facility certification rationale to determine whether phosphorus monitoring is required. ** See Part I.B.3. for footnotes -PART I Page 8 Permit No. COG -850000 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 3. Footnotes (applicable to preceding pages) a/ - The thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30) consecutive -day period. Samples shall not be used for more than one reporting period. b/ - The seven (7) day average shall be determined by the arithmetic mean of all samples taken on separate days in a seven (7) consecutive -day period. Samples shall not be used for more than one reporting period. c/ - This limitation shall be determined by a single sample or set of samples as required by Part I B. 2, Sample Type. d/ - When the measurement frequency indicated is quarterly, the samples shall be collected during March, June, September and December, if a continual discharge occurs. If the discharge is intermittent, then samples shall be collected during the period that discharge occurs. If the permittee, using the approved analytical methods, monitors any parameter more frequently than required by this permit, then the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report Form or other forms as required by the Division. Such increased frequency shall also be indicated. e/ - Definitions of Sample Type 1. A "composite" sample, for monitoring requirements, is a minimum of four (4) grab samples collected at equally spaced two (2) hour intervals and proportioned according to flow. 2. A "grab" sample, for monitoring requirements, is a single "dip and take" sample. 3. An "instantaneous" measurement, for monitoring requirements, is a single reading, observation, or measurement performed on site. 4. A "continuous" measurement, for flow monitoring requirements, is a measurement obtained from an automatic recording device which continually measures flow. STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 1 1 th Avenue Denver, Colorado 80220 Phone (303) 320-8333 July 24, 1989 E. Peter Matthies, President New Castle Energy Corporation 7625 East Napa Place Denver, CO 80237 Roy Romer Governor Thomas M. Vernon, M.D Executive Director CERTIFIED MAIL NO: P 157 655 237 RE: Final Permit, Colorado Wastewater Discharge Permit System Number: C0G-850005 (formerly CO -0040894) - New Castle Energy Corporation Gentlemen: Enclosed please find a copy of the permit which was issued under the Colorado Water Quality Control Act. Your discharge permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of your permit. Please read the permit and if you have any questions contact this office at 331-4590. Sincerely, J. David Holm Director - Water Quality Control Division JDH/caw cc: Permits Section, Environmental Protection Agency Regional Council of Government Local County Health Department District Engineer, Field Support Section, WQCD Stan May, Field Support Section, WQCD Carol Wehrkamp, Permits and Enforcement Section, WQCD Ginny Torrez, Permits and Enforcement Section, WQCD Sandy Marek, Permits and Enforcement Section, WQCD Permit Drafters, Permits and Enforcement Section, WQCD Enclosure PART I Page 9 Permit Fo. COG -850000 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 3. Footnotes (applicable to preceding pages) e/ - Definitions of Sample Type (Continued) 6. An "in-situ" measurement, for monitoring requirements, is defined as a single reading, observation or measurement taken in the field at the point of discharge. 5. A "visual" observation, for oil and grease monitoring requirements, is observing the discharge to check for the presence of a visible sheen or floating oil. f/ - In the event an oil sheen or floating oil is observed, a grab sample shall be collected, analyzed, and reported. In addition, corrective action shall be taken immediately to mitigate the discharge of oil and grease. - Where based on a minimum of 5 samples, the permittee demonstrates, to -the satisfaction of the Water Quality Control Division, that the level of Total Dissolved Solids (TDS) in the effluent can be calculated based upon the level of electrical conductivity, the permittee may measure and report TDS in terms of electrical conductivity. $/ h/ - Procedure for determining settleable solids is contained in 40 CFR 434.64. The method detection limit for measuring settleable solids under this part shall be 0.4 m1/1. i/ - A new source is generally defined as a coal mine (or major alteration to a coal mine) the construction of which commenced after May 4, 1984. See 40 CFR 434.11(j) for the complete definition. PART :[ Page 10 Permit_ No. COG -850000 C. REPORTING REQUIREMENTS 1. Representative Sampling Samples and measurements taken for the purpose of monitoring shall be representative of the monitored discharge. 2. Reporting Monitoring results for each calendar quarter are due by the 28th day of the following month. The results shall be summarized and reported on applicable discharge monitoring report forms (EPA Form 3320-1), postmarked no later than the due date. If no discharge occurs during the reporting period "No Discharge" shall be reported. Duplicate signed copies of these and all other reports required herein, shall be submitted to the Regional Administrator and the State at the following addresses: Colorado Department of Health Water Quality Control Division 4210 East llth Avenue Denver, Colorado 80220 Attention: Permits and Enforcement U. S. Environmental Protection Agency One Denver Place Suite 500 999 18th Street .Denver, Colorado 80202-2405 Attention: Water Management Division --Compliance Branch 8WM-C Failure to submit the reports shall constitute a violation of the permit and may constitute grounds for revocation of the permittee's authority to discharge under the permit. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304 (h) of the Clean Water Act, and Colorado State Effluent Limitations (10.1.5), under which such procedures may be required. PART I Page 11. Permit No. COG -850000 C. REPORTING REQUIREMENTS 4. Recording of Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: (a) The exact place, date, and time of sampling; (b) The dates the analyses were performed; (c) The person(s) who performed the sampling; (d) The person(s) who performed the analyses; (e) The analytical techniques or methods used; and (f) The results of all required analyses. 5. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report Form (EPA No. 3320-1), or other forms as required by the Division. Such increased frequency shall also be indicated. 7. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Regional Administrator or the State Water Quality Control Division. PART II A. MANAGEMENT REQUIREMENTS PART II Page 12 Permit No. COG -850000 1. Change in Discharge The permittee shall inform the Division (Permits and Enforcement Section) in writing of any intent to construct, install, or alter any process, facility, or activity that is likely to result in a new or altered discharge and shall furnish the Division such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. • The permittee shall submit this notice within two (2) weeks after making a determination to perform the type of activity referred to in the preceding paragraph. Process modifications include, but are not limited to, the introduction of any new pollutant not previously identified in the permit, or any other modifications which may result in a discharge of a quantity or quality different from that which was applied for. Following such notice, the permittee shall be required to submit a new CDPS application and the permit may be modified to specify and limit any pollutants not previously limited, if the new or altered discharge might be inconsistent with the conditions of the existing permit. In no case shall the permittee implement such change without first notifying the Division. 2. Special Notifications - Definitions (a) Bypass: The intentional diversion of waste streams from any portion of a treatment facility. (b) Severe Property Damage: Substantial physical damage to property at the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. It does not mean economic loss caused by delays in production. (c) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters. (d) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent :Limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. PART II Page 13 Permit No. COG -850000 A. MANAGEMENT REQUIREMENTS 3. Noncompliance Notification a) If, for any reason, the permittee does not comply with or will be unable to comply with any maximum discharge limitations or standards specified in this permit, the permittee shall, at a minimum, provide the Water Quality Control Division and EPA with the following information: (i) A description of the discharge and cause of noncompliance; (ii) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and (iii) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. b) The permittee shall report the following instances of noncompliance orally within twenty-four (24) hours from the time the permittee becomes aware of the noncompliance, and shall mail to the Division a report within five (5) days after becoming aware of the noncompliance: (i) Any instance of noncompliance which may endanger health or the environment; (ii) Any unanticipated bypass; (iii) Any upset which causes an exceedance of any effluent limitation in the permit;. (iv) Any spill which causes any effluent limitation to be violated; (v) Daily maximum violations for any toxic pollutants or hazardous substances limited by PART I -A of this permit and specified as requiring 24 hour notification. c) The permittee shall report all other instances of non-compliance not requiring 24-hour notification at the time Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub -paragraph (a) of this section. PART II: Page 14 Permit No. COG -850000 A. MANAGEMENT REQUIREMENTS 4. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, the permittee shall promptly submit the relevant application information which was not submitted or any additional information needed to correct any erroneous information previously submitted. 5. Bypass The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but if and only if it is for essential maintenance to assure efficient operation. Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not_ satisfied if the: permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal periods of equipment: downtime or preventative maintenance; and (c) The permittee submitted notices as required in "1ypass Notification", Part II.A.6. 6. amass Notification If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date of the bypass, to the Division and the Environmental Protection Agency (EPA). The bypass shall be subject to Division approval and limitations imposed by the Division and EPA. A. MANAGEMENT REQUIREMENTS 7. Upsets (a) PART I:[ Page 15 Permit No. COG -850000 Effect of an upset An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination -made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. (b) Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: (i) An upset occurred and that the permittee can specific cause(s) of the upset; (ii) The permitted facility was at the time being operated; and (iii) The permittee submitted notice of the upset as Part II A.3 of this permit (24—hour notice). The permittee complied with any remedial measures under Section 122.7(d) of the federal regulations. identify the properly (iv) required in required (c) Burden of proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. PART II Page 16 Permit No. COG -850000 A. MANAGEMENT REQUIREMENTS 9. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 10. Discharge Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 11. Reduction, Loss, or Failure of Treatment Facility The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with itspermit, control production, or all discharges, or both until the facility is restored or an alternative method of treatment is provided. This provision for example, applies to power failures, unless an alternative power source sufficient to operate the wastewater control facilities is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the perm::tted activity in order to maintain compliance with the conditions of this permit. 12. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit„ Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. 13. Discharge Effluent Sampling Discharge points shall be so designed or modified that: a sample of the effluent can be obtained at a point after the final treatment process and prior to discharge to state waters. PART II Page 17 Permit No. COG -850000 A. MANAGEMENT REQUIREMENTS 14. Signatory Requirement All reports required for submittal shall be signed and certified for accuracy by the permittee in accord with the following criteria: a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; b) In the case of a partnership, by a general partner; c) In the case of a sole proprietorship, by the proprietor; d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee. B. RESPONSIBILITIES 1. Inspections and Right to Entry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representative, upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit:; b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and PART II Page 18 Permit :No. COG -850000 B. RESPONSIBILITIES 1. Inspections and Right to Entry (Continued) (c) To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violation, access to any and all facilities or areas within the permittee's premises that may have any affect on the discharge, permit, or alleged violation. (d) The Division shall split a sample with the permittee if requested to do so by the permittee. 2. Duty to Provide Information The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause.exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit. 3. Transfer of Ownership or Control A permit may be transferred to a new permittee if: (a) The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and (b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and (c) The current permittee has met all fee requirements of the State Discharge Permit System Regulations, Section. 6.16.0. 4. Availability of Reports Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the State Discharge Permit System 6.6.4 (2), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the State Water Quality Control Division and the Regional Administrator. PART II Page 19 Permit No. COG -850000 B. RESPONSIBILITIES 5. Modification, Sus•ension or Revocation of Permits By the Division All permit modifications, terminations or revocation and reissuance actions shall be subject to the requirements of the State Discharge Permit System Regulations, Sections 6.6.2, 6.6.3, 6.8.0 and 6.16.0, 5 C.C.R. 1002-2, except for minor modifications. Manor modifications may only correct typographical errors, require a change in the frequency of monitoring or reporting by the permittee, change an interim date in a schedule of compliance or allow for a change in ownership or operational control of a facility including addition, deactivation or relocation of discharge points where the Division determines that no other change in the permit is necessary. (a) This permit may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: (i) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or (11) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or (iii) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit; or (iv) Control regulations promulgated. (b) A certification may be modified, suspended, or revoked in whole or in part during its term for reasons determined by the Division including but not limited to, the following: (i) Violation of any terms or conditions of the permit; (ii) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; or PART II Page 20 Permit No. COG -850000 B. RESPONSIBILITIES 5. Modification, Sus ension, or Revocation of Permits By the Division (Continued (b) (Continued) Materially false or inaccurate statements or information in the application for the permit; or Data submitted pursuant to Part I.B indicates a potential for violation of adopted Water Quality Standards or stream classifications. (c) The certification for the individual facility authorizing discharge under the general permit may be modified to allow for a change in ownership or operational control of a facility including addition, deactivation or relocation of discharge points where the division determines no change in the general permit is necessary. (d) At the request of the permittee, the Division may modify, or terminate a certification if the following conditions are met: (i) In the case of termination, the permittee notifies the Division of its intent to terminate the certification 90 days prior to the desired date of termination; (ii) In the case of termination, the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State. (iii) The Regional Administrator has been notified of the proposed modification or termination and does not object in writing within thirty (30) days of receipt of notification; (iv) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or termination; (v) Fee requirements of Section 6.16.0 of State Discharge Permit System Regulations have been met; and (vi) Requirements of public notice have been met. PART II Page 21 Permit No. COG -850000 B. RESPONSIBILITIES 6. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (011 and Hazardous Substance Liability) of the Clean Water Act. 7. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 8. Permit Violations Failure to comply with any terms and/or conditions.of this permit shall be a violation of this permit. 9. Property Rights The issuance of this permit does not convey any property or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 10. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 11. Renewal Application If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty (180) days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this permit, the Division should be promptly notified so that it can terminate the permit in accordance with Part II.B.5. PART II , Page 22 Permit No. COG -850000 B. RESPONSIBILITIES 12. Confidentiality Any information relating to any secret process, method of manufacture or production, or sales or marketing data, which may be acquired, ascertained, or discovered, whether in any sampling :investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this Subsection (2) shall bear the burden of proving its applicablility. This section shall never be interpreted as preventing full disclosure of effluent data. 13. Fees The permittee is required to submit payment and annual fee as set forth in the 1983 amendments to the Water Quality Control Act. Section 25-8-502 (1) (b), and State Discharge Permit Regulations 5CCR 1002-2, Section 6.16.0 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. 14. Requiring an Individual CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if: (a) The discharger is not in compliance with the conditions of this General Permit; or, (b) Conditions or standards have changed so that the discharge no longer qualifies for a General Permit; or, (c) Data becomes available which indicates water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the applicability of the General Permit to that owner or operator is automatically terminated upon the effective date of the individual CDPS permit. PART II Page 23 Permit No. COG -850000 B. RESPONSIBILITIES 15. Requesting an Individual CDPS Permit Any owner or operator covered by this General Permit may request to be excluded from the coverage by applying for an individual CDPS permit. 16. Requesting Coverage Under the General Permit The owner or operator of a facility excluded from coverage by this General Permit solely because that facility already has an individual permit may request that the individual permit be revoked and that the facility be covered by this General Permit. 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''1•. .l" n !j%/ 1,Ijf S/ s (� 1 t �'=a .� 1 ;.:.!.1'.;4:1:1' r'%'f :1 .1. A▪ �1 t?if�t�l� r• : c t ,� �': t k..,..,71,-,..,• ......• c\ ' v y. �' ! .v... .• ts-•ii, j ti ;; .� � 1' ;:.ii.....°71 ,Is .l ll;,, •,!i : ",r , •j,;, • —;• ;-`.'..J/I i.1'' ��('i,ii';` ,11, (.t i ,` --r --=�.;-'1)-t-1--i.‘./iii' -6i. ):•w. • / t t I ) 1 J !(1 :\t `` Wsk 04! t -r\it' �. fil-,7!)?•1- '.------1.1 %j) _ ,1,�, : - 1 1: ,:` `• .1--... _.. j--- PART II Page 24 Certification No. 1 • tl 1• , 1!:; • • Figure 1 New Castle Energy Corporation Outfall Location Map f COG -850005 • • •• (..V•RITERIVER NATIONAL ?.';`,.•411.-_!, 4-71 •-• ' • Part II Page 25 Certification No. COG -850005 • 9 • 4. • wi..4,0 P • 6343 • ••• C'‘60i•is..., • Tiiwn otwte 78" .• . • -fe. 11.'rea tmenf'Atap .• • • 7 7 ; . • •11 • •IPI i c• • 1 3' .• V.-) •••/.. 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MAP 5 MILE RADIUS NW Sept., 1984 Si.' 1:250,000 A-.7.1.3. N..' COLORADO DEPARTMENT -OF HEALTH Water Quality Control Division 4210 East llth Avenue Denver, Colorado 80220 RATIONALE COAL MINING FACILITIES (SURFACE RUNOFF ONLY) GENERAL PERMIT IN COLORADO COLORADO DISCHARGE PERMIT NUMBER COG -850000 Facilities performing coal mining activities are located along many streams in the State of Colorado. Waters discharged from coal mining facilities are subject to the requirements of the State of Colorado Water Quality Control Act, 1973 as amended. Regulations of the Colorado Discharge Permit System, (CCR, Title 5, Chapter 1002-2) and Title 40 Part 434 of the Code of Federal Regulations (40 CFR 434) specify the wastewater discharge requirements for this industry. Section 6.10.2 of the Colorado Discharge Permit System Regulations provides for the issuance of General Permits where covered facilities: 1. Are within prescribed geographical boundaries; 2. Involve substantially the same type of operating conditions; 3. Discharge the same type of waste; 4. Require the same effluent limitations or operating conditions; 5. Require similar monitoring; and 6. Are more appropriately controlled under a General Permit than individual permits. INDUSTRY DESCRIPTION: The coal mining industry includes facilities that may be involved in the extraction, processing and out—loading of coal. Various facilities perform one or more of these operations. Coals are classified based on the fixed carbon content, the volatile matter fraction, and the heating value. The general classification ranks are lignite, subbituminous, bituminous, and anthracite. The primary end uses for coal are for combustion in steam boilers and for metallurgical coke ovens. In Colorado there are approximately 70 facilities involved in the extraction (mining) of coal and/or processing (preparation) of coal. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale = Page 2. PERMIT NUMBER: COG -850000 INDUSTRY DESCRIPTION: Coal is mined in the state using both surface mining and underground mining methods. In surface mining the coal is .located relatively close to the surface. The overburden and topsoil are removed using equipment such as truck -mounted shovels, bulldozers, and wheeled tractor scrapers and later replaced or reclaimed. Surface mining is typically accomplished using a dragline. Underground mining methods are used for coals located farther under the surface where the removal of the overburden is not economically feasible. Underground mining involves blasting down to the coal, drilling and cutting to extract the coal, and removing coal using equipment such as conveyors or shuttle cars. The raw coal or "run -of -mine" coal may require processing prior to use. This processing is referred to as coal preparation. Coal preparation is the process of upgrading raw coal by physical means and includes crushing, sizing, cleaning, and refuse disposal operations. The initial step in the coal preparation process often involves crushing of the coal with crushers or pulverizers to remove large rock fractions and to free impurities such as clay, rock, and pyrite from the coal. The coal is then sized using equipment such as screens, cyclones, and separators. Different crushing and sizing techniques are used'for fine coal and coarse coal processing. Coal cleaning is a preparation process performed to improve product standardization, to increase the heating value of the coal, and to reduce the ash and sulfur content of the coal. Coal cleaning processes include both wet and dry cleaning methods. However, many coal preparation plants use water in the separation process. The mining of coal does not involve the use of water other than small amounts for dust control and equipment cooling. The major sources of water entering the mine area are precipitation, groundwater infiltration, and surface runoff. Water is considered to be a hinderance to mining activities and the removal of water from the active mine area is generally required to ensure the efficiency and safety of the mining operation. For underground mines removal involves pumping the water out of the mine area. The majority of the coal preparation processes use water. The amount of water used at coal preparation facilities varies widely depending on the degree of cleaning, the equipment or processes used, and the characteristics of the raw coal. Examples of unit operation requiring water include wet screening, tables, jigs, cyclones, gravity and heavy media separation. Additionally, water is used for equipment cooling, dust control, and as a transport medium for the coal between process units. The major types of wastewater in the coal mining industry are: 1. Mine Drainage'- Any drainage and any water pumped or siphoned from an active mining area or postmining area. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 3. PERMIT NUMBER: COG -850000 The major types of wastewater in the coal mining industry are: (Continued) 2. Surface Runoff - Precipitation -induced runoff from an active mining area including runoff from coal storage piles, preparation plants, refuse piles, loadout facilities and other disturbed areas; also precipitation - induced runoff from the revegetating surface of a post -mining area. COVERAGE UNDER THIS PERMIT: Under this general permit, owners and operators of coal mining facilities may be granted authorization to discharge into the waters of the State of Colorado provided the sources of wastewater from these facilities are limited to precipitation -induced runoff. This general permit does not cover coal mining facilities with discharges such as mine drainage, a domestic sewage treatment plant discharge, spoils spring wastewater, or coal preparation plant water. Discharge permits for these facilities will be issued on an individual basis. The following list shows additional criteria which will be used in evaluating whether or not an individual permit may be required instead of a general permit: 1. Proximity of the operation to a landfill or mine or mill tailings; 2. Evidence of non-compliance under a previous permit for the operation; 3. Presence of downstream drinking water intakes; 4. Preservation of high quality water; 5. Addition of flocculants (settling agents or chemical additives) to water prior to discharge; 6. Use of land application as a means of discharge (other than for dust control). This permit does not constitute authority under the provisions of 33 USC 1344 (Section 404 of the Clean Water Act) for any dredging or filling operations. DURATION OF THIS PERMIT: This permit is issued for a period of approximately 5 years. The permittee's authority to discharge under this, permit is approved until the expiration date of the general permit. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 4. PERMIT NUMBER: C0G-850000 APPLICATION AND CERTIFICATION: The owner, operator and/or authorized agent for a facility shall submit an application as provided by the Water Quality Control Division. This application will be evaluated utilizing the criteria outlined previously. If the general permit is applicable to the applicant's operation, then a rationale will be developed and the applicant will be certified under the general permit. The rationale shall include the name and address of the contact person, a discussion of compliance under any previous permit, if applicable, the receiving water for the discharge, number of outfalls, a determination of the need for salinity monitoring and a statement of whether active mining or post -mining limitations apply to each outfall. If after evaluation of the application, it is found that the general permit is not applicable to the operation, then the application will be processed as one for an individual permit. Every applicant will be of the Division's decision. For an individual permit, 180 days will be required to process the application and issue the permit. In this case discharge cannot take place until the permit is issued and becomes effective. Addition or deletion of a sedimentation pond/outfall will require separate application, which will be subject to the 30 -day time frame also. If after evaluation of the application for an existing source with a valid permit, it is found that the general permit is not applicable to the operation, then the applicant will continue operation under the existing individual permit. If a facility operating under the general permit encounters mine drainage or other source not covered by this general permit, it will be necessary to apply for an individual permit. Coverage will continue under the general permit until issuance of the individual permit. The general permit itself contains the' effluent limitations and the monitoring requirements for the authorized outfalls. The following text details the rationale for the conditions of the general permit. EFFLUENT LIMITATIONS: Effluent limitations are based on State Effluent Standards (SES), State Water Quality Standards (WQS), Federal Best Practicable Control Technology (BPT), and Federal Best Available Technology Economically Achievable (BAT) or Federal New Source Performance Standards (NSPS). Briefly, a new source is a facility or a major alteration to a facility which was constructed after May 4, 1984. Tables 1 and 3 present a comparison of appropriate limitations (active mining/post- mining respectively). Tables 2 and 4 show limitations selected as being the most stringent of those in Tables 1 and 3, with the exception of Total Suspended Solids (TSS). The reason for the selected TSS limitation is explained after the tables. Some of the limitations shown in Tables 2 and 4 may be exempted under certain conditions upon submission by the permittee and approval by the division of specific proof. A detailed explanation follows the tables. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 5. PERMIT NUMBER: COG -850000 EFFLUENT LIMITATIONS: (Continued) - ACTIVE MINING - Table 1 (Applicable Regulations) Parameter Flow (MGD) pH (s.u.) Oil and Grease (mg/1) Total Suspended Solids (mg/1) Total Iron (mg/1) Settleable Solids (m1/1) Total Dissolved Solids (mg/1) (Colo. River Basin) Total Phosphorus, as P (mg/1) Parameter SES WQS 6.0 - 9.0 10 30/45 N/A N/A BPT BAT NSPS Monitoring Only 6.5 - 9.0 N/A N/A N/A N /A 6.0 - 9.0 N/A N/A N/A 35/70 N/A 3.5/7.0 3.5/7.0 N/A 0.5 6.0 - 9.0 N/A 35/70 3.0/6.0 N/A Monitor per Colo. Salinity Regulations - Monitoring Dillon Reservoir Basin Only Table 2 (Final Limitations) Flow (MGD) pH (s.u.) Oil and Grease (mg/1) Total Suspended Solids (mg/1) Total Iron (mg/1) (Existing Sources) Total Iron (mg/1) (New Sources) Settleable Solids (ml/1) Total Dissolved Solids (mg/1) (Colo. River Basin) Total Phosphorus, as P (mg/1) . (Dillon Reservoir basin only) Parameter Limitation Basis Report 6.5-9.0 10 35/70 3.5/7.0 3.0/6.0 0.5 Report Report - POST -MINING - Monitoring Only WQS SES BPT BAT NSPS BAT Monitoring Only Monitoring Only Table 3 (Applicable Regulations) SES *WQS BPT BAT NSPS Flow (MGD) pH (s.u.) Oil and Grease (mg/1) Settleable Solids (m1/1) Total Dissolved Solids (mg/1) (Colo. River Basin) Total Phosphorus, as P (mg/1) Monitoring Only - 6.0 - 9.0 6.5 - 9.0 6.0 - 9.0 10 N/A N/A N/A N/A N/A • N/A N/A 0.5 6.0 - 9.0 N/A 0.5 Monitor per Colo. Salinity Regulations - Monitoring Dillon Reservoir Basin Only COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 6. PERMIT NUMBER: COG -850000 EFFLUENT LIMITATIONS: (Continued) Parameter Table 4 (Final Limitations) Limitation Basis Flow (MGD) Report Monitoring Only 6.5-9.0 WQS pH (s.u.) SES Oil and Grease (mg/1) 10 Settleable Solids (ml/1) 0.5 BAT/NSPS Total Dissolved Solids (mg/1) MonitoringOnly (Colo. River Basin) Report Monitoring Total Phosphorus, as P (mg/1). Report Only (Dillon Reservoir basin only) Active Mining Limitations for pH and oil and grease apply to all discharges, regardless of precipitation conditions. Additionally, TSS and total iron limitations apply unless exempted as described herein. The permittee may submit documentation proving that discharge was precipitation induced. Upon acceptance by the division of said proof, the settleable solids limitation will apply in place of the TSS and total iron limitations. Similarly, upon acceptance of proof that discharge was caused by precipitation greater than the 10 -year, 24-hour event (or equivalent snowmelt volume) compliance with TSS, total iron and settleable solids limitations will be exempted. This means such a discharge would be subject to pH and oil and grease limitations only. The division allows these exemptions for a period up to 48 hours after measurable rainfall has stopped or, for snowmelt, within 48 hours after inflow to the sedimentation pond has ceased. After such time, TSS and total iron limitations shall be met. Example 1: The area served by sedimentation pond and outfall 002 receives 1.4 inches of rainfall during one 24-hour period (the 10 -year, 24-hour event for this site is 1.7 inches). The permittee collects samples at the outfall 18 hours after rainfall has ceased. The permittee submits rain gauge data with the sample results to the division and requests that the settleable solids limitation be substituted for TSS and total iron limitations. Upon acceptance of the proof, the division will determine compliance with settleable solids limitation and disregard TSS and total iron results. The division requires monitoring for all parameters regardless of whether an exemption is sought. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 7. PERMIT NUMBER: COG -850000 Post Mining As with active mining, pH and oil and grease limitations apply to all discharges regardless of precipitation conditions. But, for post -mining discharges, the settleable solids limitation applies unless exempted as described above. Exemption is only available when discharge is caused by precipitation greater than the 10 -year, 24-hour event (or equivalent snowmelt volume). Example 2: The post -mining area served by pond and outfall 004 receives snowmelt volume during one 24-hour period (as measured by continuous influent recorder) greater than the 10 -year, 24-hour equivalent volume. The permittee collects samples while inflow is occurring to the pond. The permittee submits the results along with flow totalizer data and requests an exemption from the settleable solids limitation. Upon acceptance of the proof, the division will determine compliance with the pH and oil and grease limitations only. Snowmelt greater than 10 -year 24-hour event Section 40 CFR 434.63(d)(2) states that the exemption from TSS, total iron and settleable solids limitations is available only for discharges "caused by precipitation within any 24-hour period greater than the 10 -year 24-hour precipitation event (or snowmelt of equivalent volume)." Thus for snowmelt, pond inflow volume must be greater than the 10 -year, 24-hour event equivalent volume (regardless of effluent volume). Thus, the permittee must be able to submit documentation showing that the total volume over a 24-hour period into a pond is greater than the 10 -year, 24-hour event equivalent volume. Continuous inflow volume monitoring is typically required for this demonstration. The division allows this exemption for an additional 48 hours to allow the pond to stabilize. Other WQS-Based Parameters Surface runoff discharges from coal mining facilities are intermittent and normally occur during periods when receiving waters are well above low flow. The Colorado Mined Land Reclamation Division and the State Engineers Office typically require ponds to be dewatered within 24 to 36 hours after a storm event. For these reasons no WQS-based limitations other than pH are deemed necessary at this time to protect instream beneficial uses. Total Suspended Solids The State Effluent Limitation Regulations dictate that where Federal Effluent Guidelines exist they shall take precedence over SES. This is the reason for selection of BPT-based TSS limitations. f CCLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 8. PERMIT NUMBER: COG -850000 Salinity Regulation 3.10.0, Regulations for Implementation of the Colorado River Salinity Standards Through the Colorado Discharge Permit Program, addresses the discharge of total dissolved solids (TDS) to the Colorado River Basin. It is a requirement of the regulation that the TDS level of each discharge in the Colorado River Basin be evaluated for impact on the system. Generally, the net impact of TDS to the basin from coal mining surface runoff treatment facilities is negligible due to the intermittent nature of the discharger. Nonetheless, the division reserves the right to refuse the certification to the general permit if it appears that the discharge will not be consistent with the regulations. Settling Agents Because of the wide variety of available chemical flocculants, the use of such settling aids must be subject to prior approval by the permitting authority. Additionally, if over -application of a flocculant appears to be a problem, revocation of the general permit discharge certification may be warranted. Phosphorus Individual permits will be required for any facilities in the Cherry Creek Basin upstream of Cherry Creek Reservoir or in the Chatfield Basin which is defined as downstream of the USGS gage at Waterton for the South Platte River or in the Plum Creek drainage. This determination is based on controls established (or in the process of being established) to maintain the phosphorus standard in Cherry Creek Reservoir and Chatfield Reservoir. The management plan for maintaining the phosphorus standard in Dillon Reservoir recommends total phosphorus monitoring for minor industrial discharges including coal mining facilities. Therefore phosphorus monitoring shall be required for those facilities which discharge into the Dillon Reservoir drainage. Individual certifications shall state if this requirement applies to the specific facility. If monitoring shows the facility to contribute significantly, the permittee may be required to obtain an individual permit. MONITORING FREQUENCIES: For active mining, pH, oil and grease and flow monitoring is required by the permittee on a weekly basis. TSS, total iron and settleable solids are to be monitored monthly. For post -mining, pH, oil and grease, flow and settleable solids are to be monitored monthly. The division requires less frequent monitoring for post -mining discharges because no activity takes place on site, reclamation including revegetation has begun and therefore effluent quality should vary little. Quarterly TDS monitoring is required for all discharges to the Colorado River Basin in compliance with the Colorado River Salinity Regulations. • COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale — Page 9. PERMIT NUMBER: COG -850000 MONITORING FREQUENCIES: (Continued) As described earlier, the permittee is required to monitor all parameters, regardless of whether precipitation exemptions are sought. The permittee must submit an exemption request and supporting 'proof' with the monitoring data. The division will approve or deny the exemption request. If denied, then the permittee will be expected 'to meet the primary parameters (TSS and total iron for active mining, settleable solids for post—mining). REPORTING: Discharge monitoring reports (DMRs) are to be submitted on a quarterly basis. If no discharge occurred during_the quarter, the DMR should state "No discharge during this reporting period." See Part I.0 of the permit for additional requirements. MATERIALS CONTAINMENT: As most facilities provide bulk storage of some volume of petroleum products or other chemicals, the permit will require adequate protection of such facilities so as to prevent loss of these materials into state waters. Such protection can take various forms, however, diking.in most cases will prove to be the most cost effective. This provision is required as the division interprets proper operation as properly addressing potential pollutant sources before problems occur. CHANGES IN DISCHARGE POINTS: Any time the permittee wishes to change the location of an outfall, add or deactivate outfalls, or change an outfall from active to post—mining; it will be necessary for the permittee to submit an amendment request. Upon approval, the division will issue an updated certification. Jon Kubic April 30, 1987 A *. r COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale - Page 10. PERMIT NUMBER: COG -850000 PUBLIC NOTICE COMMENTS: EPA commented on the draft permit. Their main comment concerned the definitions for 30 -day average and 7 -day average limitations. The Division has modified these definitions to comply with 40 CFR 122.2 and Section 10.1.0 of 5CCR 1002-3. The newdef:Lnitions apply an average of all samples measured during the month. The significance of this is that if only one sample is collected, the results must meet the limitation. If the iinitial result is high, the permittee is encouraged to perform additional sampling in an effortto lower the arithmetic mean. However, the monthly average reported must be based on all sampling results, and must utilize all additional data regardless of the results.