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Creek Mine and Eckman Park Mine are located in the vicinity of 40° 23' 15" East latitude and 107° <br />02' 45" North longitude, approximately twenty (20) miles southwest of Steamboat Springs, Routt <br />County, Colorado (the "Facility "). - <br />6. The Facility is the subject of the Colorado Discharge Permit System, Permit No. CO- 0027154 (the <br />"Permit "). The current Permit became effective on September 1, 2007. The Permit was <br />amended with Amendment #i1 and reissued effective March 1, 2008. Typographical errors in the <br />Permit were corrected with Minor Modification #1, issued March 17, 2008. The permit expired on <br />August 31, 2012, and has subsequently been administratively continued pending permit <br />reissuance. k <br />7. The • Permit authorizes Twentymile Coal to discharge treated wastewater from the Facility <br />through Outfalls 002A, 003A, 004A, 006A, and 008A (sedimentation ponds that treat surface <br />runoff and discharge into Foidel Creek) and Outfalls 005A and 007A .(sedimentation ponds that <br />treat surface runoff and spoils spring water and discharge into Foidel Creek). The Permit <br />includes an authorization for a discharge from Outfalls MON5 and MON7, -which are database <br />distinctions assigned to Outfalls 005A and 007A, respectively, for monitor and report only effluent <br />parameters required to support a reasonable potential analysis. <br />8. • Foidel Creek is "state waters" as defined by 525 -8- 103(19), C.R.S. and its implementing permit <br />regulation, 5 CCI21002 -61,• §61.2'(102). <br />9. Pursuant to 5 CCR 1002 -61, §61:8, Twentymile Coal must comply with all the terms and <br />conditions of the Permit, and violations of such terms and conditions as specified in the Permit <br />may be subject to civil and. criminal liability pursuant to 9§25 -8 -601 through. 25 -8 -612, C.R.S. <br />Failure to Properly Monitor and Report <br />10. Pursuant to Part I. B.1, of the. Permit, Twentymile Coal is required to monitor effluent parameters <br />at specified frequencies and report the results on a discharge monitoring report (DMR). <br />11. Pursuant to Part I.E.I. of the Permit, Twentymile Coal is-required to report all monitoring results <br />on Division approved DMRs. Twentymile Coal is required to ensure the DMRs are mailed to the <br />Division so -that they are received no later than the 28`h day of the month following the reporting <br />period. The Permit specifies that if no discharge occurs during the reporting period, "No <br />Discharge" shall be reported. <br />12. Twentymile Coal's DMRs for the Facility include those required to be submitted on a monthly basis <br />and those utilized to -report monitoring data at a quarterly frequency (identified with a "(X'), <br />including Whole-Effluent Toxicity monitoring results (identified with a "W "). <br />13. Division records establish that Twentymile Coal failed to submit DMRs to the Division so that they <br />were received by the 281h day of the month following the end of specific identified reporting <br />periods from 2009 to 2013 as identified in the attached Exhibit A. <br />14. Twentymile Coal's failure to submit DMRs to the Division so that they were received by the 281h day <br />of the month following each reporting period as identified above and in Exhibit A constitutes <br />violations of Part I.E.1. of the Permit. <br />15. The Division acknowledges that Twentymile Coal timely and satisfactorily performed all of the - <br />obligations and actions required under the NOV /CDO. <br />Twentymile Coal LLC C•O LO• RA.D O <br />Compliance Order on Consent D. <br />Page 2 of 6 !�+� I Hdthi Enyironmmt; <br />