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STATE OF COLOI~DO <br />Blll Owens, Governor <br />Douglas H. Benevento, Executive Director <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />4300 Cherry Creek Dr. 5. <br />Denver, Colorado 80246-1530 <br />Phone (303) 692-2000 <br />TDD Line (303) 691-7700 <br />Located in Glendale, Colorado <br />http://www. cdpbesta te. co. us <br />September 23, 2004 <br />Laboratory and Radiation Services Division <br />8100 Lowry Blvd, <br />Denver, Colorado 80230-6928 <br />(303) 692-3090 <br />Stephen C. Fearn. President <br />Gold King Mines Corporation <br />P.O: Box 299, Silverton, CO 81433 <br />pF' COQ <br />~ti R <br />ti O <br />• ~ <br />r <br />~ 1876 ~ <br />Colorado Department <br />of PubGcHealth <br />andEnvitotunent <br />Certified Mail Number: 7002 2470 0001 012 7 3178 <br />RE: Service of Notice of Violation/Cease and Desist Order, Number: IO-040923-1 <br />Colorado Discharge Permit System -Permit Number: CO-0027529 <br />Dear Mr. Feam: <br />Gold King Mines Corporation is hereby served with the enclosed Notice of Violation !Cease and <br />Desist Order (the "NOVlCDO'.'). This NOV/CDO is issued by the Colorado Department of <br />Public Health and Environment's Water Quality Control Division (the "Division").pursuant to <br />the authority given to the Division by §25-8-602 and 25-8-605 of the Colorado Water Quality <br />Control Act, (the "Act"). The Division bases this NOV/CDO upon findings that Gold King <br />Mines Corporation has violated the Act, and/or permit regulations promulgated pursuant to the <br />Act, as described in the enclosed NOV/CDO. <br />Pursuant to section 25-8-603, C.R.S., Gold King Mines Corporation is required, within 30 <br />calendaz days of issuance of this NOV/CDO, to submit to the Division an answer admitting or <br />denying each paragraph of the Findings of Fact and responding to the Notice of Violation. <br />Absent such an answer, the validity of the factual allegations and the Notice of Violation shall be <br />deemed established in any subsequent proceeding. <br />This action could result in the imposition of civil penalties. The Division is authorized pursuant <br />to section 25-8-608, C.R.S, to impose a penalty of $10,000 per day for each day during which <br />such violation occurs. <br />Please be advised that the Division is continuing its investigation into this matter and the <br />Division may identify supplementary violations that warrant amendments to this NOV/CDO or <br />the issuance of additional enforcement actions. <br />