HYDRO25781

• Permit No: M1977378
• IBM Index Class Name: Hydrology
• Doc Date: 10/1/2004
• Doc Name: WQCD Violation
• From: WQCD
• To: DMG
• Media Type: D
• Archive: No

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STATE OF COLO O
Bill Owens, Governor
Douglas H. Benevento, Executive Director
Dedicated to protecting and improving the heath and environment of the peop)e of Colorado
4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division
Denver, Colorado 60246-7530
Phone [phone] Lowry Blvd. ~y
Denver, Colorado 80230-6928 1~+Q1'~('f~®
TDD Line [phone] [phone] ~•cc
Located in Glendale, Colorado -
http/Iwww. cdphe. state. co. us
September 23, 2004
Stephen C. Fears. President
Gold King Mines Corporation
P.O. Box 299, Silverton, CO 81433
CAA O1 2004
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of Public Health
andF.nvironment
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Certified Mail Number: 7002 2410 0001 012 7 31 78
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RE: Service of Notice of Violation/Cease and Desist Order, Numbeiws~0 ~-1~®~~®
Colorado Discharge Permit System -Permit Number: CO-0027524,.
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Dear Mr. Fears:
Gold King Mines Corporation is hereby served with the enclosed Notice of Violation /Cease and
Desist Order (the "NOV/CDO"). This NOV/CDO is issued by the Colorado Department of
Public Health and Environment's Water Quality Control Division (the "Division").pursuant to
the authority given to the Division by §25-8-602 and 25-8-605 of the Colorado Water Quality
Control Act, (the "Act"). The Division bases this NOV/CDO upon findings that Gold King
Mines Corporation has violated the Act, andlor permit regulations promulgated pursuant to the
Act, as described in the enclosed NOVlCDO.
Pursuant to section 25-8-603, C.R.S., Gold King Mines Corporation is required, within 30
calendar days of issuance of this NOV/CDO, to submit to the Division an answer admitting or
denying each paragraph of the Findings of Fact and responding to the Notice of Violation.
Absent such an answer, the validity of the factual allegations and the Notice of Violation shall be
deemed established in any subsequent proceeding.
This action could result in the imposition of civil penalties. The Division is authorized pursuant
to section 25-8-608, C.R.5. to impose a penalty of $10,000 per day for each day during which
such violation occurs.
Please be advised that the Division is continuing its investigation into this matter and the
Division may identify supplementary violations that warrant amendments to this NOV/CDO or
the issuance of additional enforcement actions.