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~ • ~ • <br />'BEFORE THE DEPARTMENT OF HEALTH <br />llIVISION OF ADMINISTRATION <br />STATE OF COLORADO <br />NOTICE OF VIOLATION AND CEASE AND DESIST ORDER <br />IN THE MATTER OF: COLORADO YAMPA COAL COMPANY <br />PERMIT N0. CO-0027154 <br />ROUTT COUNTY, COLORADO <br />T0: Colorado Yampa Coal Company <br />FINDINGS OF FACT <br />Pursuant to the authority vested in the Division of Administration of the <br />Colorado Department of Health ("the division") by 25-8-301 to 308, C.R.S. <br />(1982), which authority has been delegated to me by the executive director of <br />the department, I hereby make the following findings of fact: <br />1. Colorado Yampa Coal Company ("Colorado Yampa") operates an <br />underground coal mine ("underground mine") located southwest of Steamboat <br />Springs, Colorado, in T4N and TSN, R85W, R86W and R87W of the 6th p.m. <br />2. The underground mine and associated properties are the subject <br />of National Pollutant Discharge Elimination System permit number CO-0027154 <br />("the permit"). The permit was issued on March 6, 1981 and is scheduled to <br />expire on December 31, 1985. The permit was modified on October 7, 1983 to <br />include discharge from the underground mine. <br />3. The permit authorizes discharge, within specific limitations, <br />from the underground mine through outfall 005 to Foidel Creek. Outfall 005 is <br />a "point source," as defined by 25-8-103(14), C.R.S. (1982). <br />4. Foidel Creek is "state waters" as defined by 25-8-103 (19), <br />C.R.S. (1982). <br />