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13. The Purgatoire River and Ciruela Canyon are "state eaters" as <br />defined by 25-8-103(19), C.R.S. (19821. <br />14. The flocculant described in paragraph 11 above is a "pollutant" <br />as defined by 25-8-103(15), C.R.S. (]982;. <br />15. The.permi[ for the mine does no[ specifically authorize the use <br />of flocculants, nor does the permit application in di ca [e [hat flocculants will <br />be used. <br />NOTICE DF VIOLATION <br />You are hereby notified that the facts stated above constitutes <br />violations of the Colorado Basic Standards and Methodologies, 3.1.11, 5 C.C.R. <br />1002-8, which state in pertinent part: <br />(1) Substances attributable to human-induced discharges, as <br />indicated below, not otherwise controlled by permits, BMP's, or plans <br />of operation approved by the Division, shall not be introduced into <br />the waters of the State: <br />(d) in amounts, concentrations, or combinations which are <br />harmful to the beneficial uses or toxic to .....aquatic life; <br />You are further notified that you are in violation of 25-8-SO1, <br />C.R.S. (1982) which provides in pertinent part: "No person shall discharge <br />any pollutant into any state water from a point source without first having <br />obtained a permit from the division for such discharge." <br />You are further notified that you are in violation of Part II A. 1. <br />of the permit which states in pertinent part: <br />1. Change in Discharge <br />All discharges authorized herein shall be consistent with the <br />terms and conditions of this permit....Any anticipated <br />....process modifications which will result in new, different, <br />or increased discharges or pollutants must be reported by <br />submission of a new NPDES application....Process modifications <br />include....the introduction of any new pollutant not previously <br />identified in the permit, or any other modifications which may <br />result in a discharge of a quantity or quality different from <br />that which was applied for. <br />-3- <br />