2016-08-10_GENERAL DOCUMENTS - M1981185 (2)

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L RECITALS A. On August 8, 2016, Plaintiff United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), filed. the Complaint herein against Defendants Varca Ventures, Inc. ("Varca") and Wildcat Mining Corporation ("Wildcat"). B. The action arises from alleged unpermitted discharges of dredged and/or fill materials into waters of the United States at the approximately 274-acre May Day Idaho Mine Complex property located in Section 28, Township 36 North, Range 11 West, N.M.P.M., La Plata County, Colorado (the "Site"), from 2008 through the present and from an alleged failure to comply with an administrative order issued by EPA. C. The Complaint asserts the following claims for relief against the Defendants: {I) First Claim for Relief: The first claim for relief alleges that the Defendants discharged dredged and/or fill material, and/or controlled or caused the discharge of dredged or fill material, into waters of the United States at the Site without a permit issued. by the United States Army Corps of Engineers ("Corps of Engineers"), in violation of Section 301(a) of the Clean Water Act ("CWA"), 33 U.S.C. § 1311~(a). (ii) Second Claim for Relief: The second claim for relief alleges that on Apri19, 2012, pursuant to CWA Section 309(a), 33 U.S.C.. § 1319(a), EPA Region 8 issued an "Administrative Order for Compliance" {"Order") to the Defendants, requiring the Defendants, among other things, to cease all discharges of dredged and fill materials at the Site, to submit a restoration plan to EPA by June 8, 2012, and to complete all restoration work within 60 days of the EPA's approval of that plan, and that the Defendants did not comply with the Order. The United States asserts that it is authorized to bring a civil action for civil penalties for violation of —2— Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 4 of 82