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14 Ph OF: i~ T!li Ili I':~_:~i'::. '.: f`F i!F A! iii <br />DIV1510N of ~.D~u;:1s~r~:n~rlon~ <br />STATE OF COLCRADO <br />NOTICE OF VIOLATION ANP. CEASE AND DESIST ORDER AP:D CLEAR'-UP ORDER <br />------------------------------------------------------------------------------- <br />IN THE 14A?TER OF: WY07•tINC FUEL COMPA;7Y <br />PERAfIT N0. CO-0033367 <br />LAS ANIMAS COUNTY, COLORADO <br />T0: Wyoming Fuel Company <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the Division of Administration of the <br />Colorado Department of Health ("the Division") by 25-8-301 to 3C8, C.R.S. <br />(1982 and 1985 supp.), which authority has been delegated to me by the <br />Executive Director o_` Che Department, I hereby ma~~e the folloc;ing Findings of <br />Fact: <br />1. Wyoming Fuel Company ('•the company") owns and operates the Golden <br />Eagle Mine ("the mine"), which is an underground coal mine located <br />approximately three miles west of Weston, Colorado. <br />2. Discharges from the mine and associated properties zre authorized <br />under the terms and conditions of Colorado Discharge Permit Sys ter Permit No. <br />CO-0033367 ("the permit") which became effective on December 15, 1982 znd is <br />presently scheduled to er,pire on September 30, 1990. <br />3. Wastewater associated with the underground mine is discharged <br />through a series of three ponds. The outfall from the final pond is <br />designated in the permit as outfall 002. Qutfall 002 discharges into Ciruela <br />Canyon, which is a tributary to the Purgatoire River ("the river"). <br />4. On March 6, 1988 a representative of the Colorado Division of <br />Wildlife ("DOW") investigated a report of a fish kill in the vicinity of the <br />mine. The representative collected samples in Cirue'_a Canyon of the effluent <br />being discharged from outfall 002 and in [he Purgatoire River both upstream <br />and downstream of the confluence with Ciruela Canyon. <br />