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Division for such discharge, and no person shall discharge into a ditch or man-made conveyance for
<br /> the purpose of evading the requirement to obtain a permit under this article.
<br /> 26. On May 27, 2015 the Division received notification from London Mine, LLC that the flow measuring
<br /> device located at Outfall 001A had recorded a reduced discharge flow rate and upon investigation
<br /> it was discovered that the concrete retaining wall around the London Mine Water Tunnel portal
<br /> had collapsed and was obstructing the flume that normally conveys mine water from the London
<br /> Mine to the sedimentation pond. Therefore, approximately fifty to sixty percent of the mine
<br /> water exiting the London Mine Water Tunnel portal was flowing overland and discharging into
<br /> South Mosquito Creek (the other forty to fifty percent of the mine water exiting the London Mine
<br /> Water Tunnel portal was being directed to the sedimentation pond and discharging through Outfall
<br /> 001A). Subsequent flow data provided by London Mine, LLC that was obtained from the flow
<br /> measuring device located at Outfall 001A establish that the discharge flow rate at Outfall 001A
<br /> began to decrease by approximately fifty percent on May 23, 2015.
<br /> 27. On June 1, 2015, the Division received notification from the London Mine, LLC that the concrete
<br /> material obstructing the flume had been removed and mine water exiting the London Mine Water
<br /> Tunnel portal was once again being directed to the sedimentation pond and discharging through
<br /> Outfall 001A. Subsequent flow data provided by London Mine, LLC that was obtained from the flow
<br /> measuring device located at Outfall 001A establish that the discharge flow rate at Outfall 001A
<br /> returned to normal on June 1, 2015. Therefore, the discharge of mine water from the London
<br /> Mine Water Tunnel portal into South Mosquito Creek occurred from at least May 23, 2015 through
<br /> June 1, 2015.
<br /> 28. The mine water discharged from the London Mine Water Tunnel portal into South Mosquito Creek
<br /> contained, among other things, cadmium, zinc, copper, iron, lead, manganese, nickel, suspended
<br /> solids, and had acidic pH values. Cadmium, zinc, copper, iron, lead, manganese, nickel,
<br /> suspended solids, and acidic pH are "pollutants" as defined by 5 25-8-103(15), C.R.S. and its
<br /> implementing permit regulation, 5 CCR 1002-61, 5 61.2 (76), or indicators thereof.
<br /> 29. South Mosquito Creek is "state waters" as defined by 5 25-8-103(19), C.R.S. and its implementing
<br /> permit regulation, 5 CCR 1002-61, S 61.2 (102).
<br /> 30. The London Mine Water Tunnel portal is a "point source" as defined by 5 25-8-103(14), C.R.S. and
<br /> its implementing permit regulation, 5 CCR 1002-61, 5 61.2 (75).
<br /> 31. Pursuant to Part II.A.8. of the Permit, any discharge to state waters from a point source other
<br /> than the specifically authorized Outfall 001A is prohibited.
<br /> 32. London Mine, LLC, the Estate, and Meyer do not have any other permits authorizing the discharge
<br /> of pollutants from the London Mine Water Tunnel portal overland and into South Mosquito Creek.
<br /> 33, The discharge of cadmium, zinc, copper, iron, lead, manganese, nickel, and suspended solids, and
<br /> acidic pH overland and into South Mosquito Creek constitutes a "discharge of pollutants" as defined
<br /> by 5 25-8-103(3), C.R.S.
<br /> 34. The discharge of cadmium, zinc, copper, iron, lead, manganese, nickel, and suspended solids, and
<br /> acidic pH from the London Mine Water Tunnel portal overland and into South Mosquito Creek
<br /> constitutes an unauthorized discharge of pollutants from a point source into state waters in
<br /> violation of 5 25-8-501(1), C.R.S., 5 CCR 1002-61, 5 61.3(1)(a), and Part II.A.8. of the Permit.
<br /> London Mine, LLC, et al. C O L O R A D O
<br /> Compliance Order on Consent and Settlement Agreement �® Department or Public
<br /> Page 7 of 23 Health 6 Envtmnment
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