Laserfiche WebLink
EXHIBIT <br />COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT <br />DIVISION OF ADMINISTRATION <br />WATER QUALITY CONTROL DIVISION <br />NOTICE OF VIOLATION / CEASE AND DESIST NUMBER: I0-120912-1 <br />IN THE MATTER OF: PEABODY SAGE CREEK MINING, LLC <br />f/k/a SAGE CREEK COAL COMPANY, LLC <br />CDPS PERMIT NUMBER: CO -0048275 <br />ROUTT COUNTY, COLORADO <br />Pursuant to the authority vested in the Colorado Department of Public Health and Environment's (the <br />"Department") Division of Administration by §§ 25-1-109 and 25-8-302, C.R.S., which authority is <br />implemented through the Department's Water Quality Control Division (the "Division"), and pursuant to §§ <br />25-8-602 and 25-8-605, C.R.S., the Division hereby makes the following Findings of Fact and issues the <br />following Notice of Violation / Cease and Desist Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. At all times relevant to the alleged violations identified herein, Peabody Sage Creek Mining, LLC, <br />formerly known as Sage Creek Coal Company, LLC ("Peabody") was a Delaware limited liability <br />company in good standing and registered to conduct business in the State of Colorado. <br />2. Peabody is a "person" as defined under the Water Quality Control Act, § 25-8-103(13), C.R.S., and its <br />implementing permit regulation, 5 CCR 1002-61, § 61,2(73). <br />3. Peabody owns and/or operates the Peabody Sage Creek Mine Complex, located in the SW '/4, Section 27, <br />T6N, R87W; at 36600 Routt County Road #27, south-southeast of the Town of Hayden, Routt County, <br />Colorado (the "Facility"). <br />4. The Facility consists of active underground coal mining operations with some portions of the Facility in <br />the post -mining phase. Stormwater (surface runoff), spoils spring water, and mine water at the Facility are <br />routed to sedimentation ponds for treatment and discharge. <br />5. The Facility is the subject of the Colorado Discharge Permit System, Permit No. CO -0048275 (the <br />"Permit"). The Permit was originally issued to Sage Creek Coal Company, LLC and became effective on <br />May 1, 2010. The Permit was modified with Modification #1 to add a footnote to the monitoring <br />frequency table and reissued effective June 7, 2010. The Permit was further modified to change the <br />organization named as the permittee from Sage Creek Coal Company, LLC to Peabody Sage Creek <br />Mining, LLC effective May 26, 2011. The Permit expired October 31, 2011 and has been administratively <br />extended, pending permit reissuance. <br />Peabody Sage Creek Mining, LLC <br />f/k/a Sage Creek Coal Company, LLC <br />Notice of Violation/Cease and Desist Order <br />Page 1 of 11 <br />