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COLORADO <br />0- <br />of Cow <br />Department of Public <br />1876 Health & Environment <br />WATER QUALITY CONTROL DIVISION <br />COMPLIANCE ORDER ON CONSENT <br />IN THE MATTER OF: TWENTYMILE COAL, LLC <br />CDPS PERMIT NO. CO- 0027154 <br />ROUTT COUNTY, COLORADO <br />NUMBER: IC- 150409 -1 <br />The Colorado Department of Public Health and Environment ( "Department "), through the Water <br />Quality Control Division ( "Division "), issues this Compliance Order on Consent ( "Consent Order "), <br />pursuant to the Division's authority under 9§25 -8 -602 and 605, C.R.S.'of the Colorado Water Quality <br />Control Act ( "the Act ") 9925 -8 -101 to 803, C.R.S., and its implementing regulations, with the express <br />consent of Twentymile Coal, LLC ( "Twentymile Coal "). The Division and Twentymile Coal may be <br />referred to collectively as "the Parties." <br />STATEMENT OF PURPOSE <br />1. The mutual objectives of the Parties in entering into this Consent Order are to resolve, without <br />Litigation, civil penalties for the alleged violations cited herein and in the Notice of Violation / <br />Cease and Desist Order, Number: 10- 140404 -1 (the "NOV /CDO "), that the Division issued to <br />Twentymile Coal on April 4, 2014. <br />DIVISION'S FINDINGS OF FACT AND DETERMINATION OF VIOLATIONS <br />2. Based upon the Division's investigation into and review of the compliance issues identified <br />herein, and in accordance with § 525 -8 -602 and 605, C.R.S., the Division has made the following <br />determinations regarding Twentymile Coal and Twentymile Coal's compliance with the Act and a <br />discharge permit issued pursuant to the Act. <br />3. At all times relevant to the violations cited herein, Twentymile Coal was a Delaware limited <br />liability company in good standing and registered to conduct business in the State of Colorado. <br />4. Twentymile Coal is a "person" as defined by §25 -8- 103(13), C.R.S. and its implementing permit <br />regulation, 5 CCR 1002 -61, 961.2(73). <br />5. Twentymile Coal owns and /or operates the Mines 1 ft 2 and Eckman Park Mine. Mines 1 £t 2 were <br />originally permitted but have since been incorporated into the Foidel Creek Mine Complex. The <br />Foidel Creek Mine Complex includes an active underground coal mine and an active coal <br />preparation plant. Mine 2 and the Eckman Park Mine are post coal mining areas. The Foidel <br />Twentymile Coal LLC COLORADO <br />Compliance Order on Consent Department of Public <br />Page I of 6 Health b Environment <br />