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,• <br />BEFORE ; HE DEFAR7?1&'iT OF Y~ ALTII <br />DIVISION OF AD`fI1~'I57RATION <br />STATE OF COLORADO <br />NOTICE OF VIOLATION AND CEASE AND DFSIST ORDER AND CLEAN-UP ORDER <br />IN THE MATTER OF: WYOMING FUEL COMPA;iY <br />PERMIT N0. CO-0033367 <br />LAS ANIMAS COUNT]', 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 De part~ent of Health ("the Division") by 25-8-301 to 308, C.R.S. <br />(1982 and 1985 supp.), which authority has been delegated to me by the <br />Executive Director of the Department, I hereby make the following 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 are authorized <br />under the terms and conditions of Colorado Discharge Permit System Permit No. <br />CO-0033367 ("the permit") which became effective on December 16, 1982 and is <br />presently scheduled to expire 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. Outfall 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 Ciruela Canyon of the effluent <br />being discharged from outfall 002 and in the Purgatoire River both upstream <br />and downstream of the confluence with Ciruela Canyon. <br /> <br />