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Bowie Resources, LLC C <br />November 15, 2004 ~, <br />Page 2 <br />CO-0044776 could result in formal action, including the imposition of civil penalties. Pursuant <br />to §25-8-608, C.R.S., any person who violates any provision of the Colorado Water Quality <br />Control Act or of any permit issued under the Act, or any control regulation promulgated <br />pursuant to the Act shall be subject to a civil penalty of up to $10,000 per violation for each day <br />during which such violation occurs. <br />Your letter dated October 11, 2004 fails to explain how Bowie Resources, LLC will adjust its <br />operations, both mining/construction and wastewater treatment, to attempt to eliminate future . <br />violations. Therefore, By November 29, 2004, the Division respectfully requests a written <br />reply to this letter regarding the actions and measures you have taken or will betaking to <br />abate the non-compliance. Please include along with this reply: l) the results of all analyses <br />performed over the last fifteen (15) months, for all discharging outfalls; 2) a certification - <br />that all permitted outfalls that are not included with these results are not discharging, and <br />3) certification that accelerated Whole Effluent Toxicity testing is being, or has been, <br />conducted for Outfall 002W, acute P. promelas. Any other information that you ask be <br />considered by the Division in its enforcement review process should be submitted at this time. <br />Any activities undertaken by the facility to expedite a return to compliance will be taken into <br />consideration in the review process. <br />The issuance of this Compliance Advisory does rhot limit or preclude the Division from pursuing <br />its enforcement options concerning the above violations. The Division is currently evaluating <br />the facts associated with the above-described violations, and if an escalated enforcement <br />response is deemed necessary, you maybe issued a Notice of Violation/ Cease and Desist Order <br />that may include the assessment of penalties. <br />If you have any questions, please contact me at (303) 692-3619 or by electronic mail at <br />jeffrey.coombenn,state.co.us. <br />Sincerely, <br />___J <br />Jeffirey G oombe <br />Compliance Assurance/ Data Monitoring Unit <br />Water Quality Control Division <br />Colorado Department of Public Health and Environment <br />xc: Delta County Health Department <br />Scott Klarich, Compliance Assurance/ Data Monitoring Unit, WQCD <br />Dick Parachini, Outreach & Assistance Unit, WQCD <br />Betsy Beaver, Facility Operator Program, WQCD <br />Michael Havens, D.E., Technical Services Unit, WQCD <br />MS-3 Files <br />NPDES Industrial SNC Letter rev 062204. <br />