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<br />COLORADO OEPi4RTM~ITVT O~ HEALTH
<br />4210 E.11TN AVENUE DENVER 80220 PHONE 3BB-6111
<br />July 22, 19]6 ANTHONY ROBBINS.M.D..M.P.A. EXECUTIVE DIRECTOR
<br />Mr. Chris Nofsinger
<br />Nielsons Incorporated
<br />Dolores, Colorado 81323
<br />Re: Proposed Operation at Nielson Pit(4 miles Southwest of Cortez, Colorado)
<br />Dear Sir:
<br />The Colorado Water Quality Control Act (Title 25, Article 8) requires
<br />that discharge permits be obtained for the discharge of any pollutant
<br />(dredged spoil, dirt, surry, solid waste, incinerator residue, sewage,
<br />sewage sludge, garbage, trash, chemical waste, biological nutrient,
<br />biological material, radioactive material, heat, wrecked or discarded
<br />equipment, rock, sand, or any industrial, municipal or agricultural
<br />waste) into any State water (any and all surface and subsurface waters
<br />which are contained in or flow in or through this State, except waters
<br />in sewage systems, waters in treatment works or disposal systems, waters
<br />in potable water distribution systems, and all water withdrawn for use
<br />until use and treatment have been completed). From a point source
<br />(discernible, confined and discrete conveyance, including but not
<br />limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
<br />fissure, container, rolling stock, concentrated animal feeding operation,
<br />or vessel or other floating craft, from which pollutants are or may be
<br />discharged).
<br />Since the information you have submitted indicates that no discharge
<br />will occur to State waters, no discharge permit will be required at
<br />this time. However, if conditions change in the future, a discharge
<br />permit must be obtained before a discharge to State waters occurs.
<br />Failure to obtain a valid NPDES discharge permit prior to discharging
<br />to State waters is considered criminal pollution and a legal enforcement
<br />action will be instituted. This letter would not mitigate the
<br />Division authority in this action.
<br />Very truly yours,
<br />FOR DIRECTOR, WATER QUALITY CONTROL DIVISION
<br />~~g~~ ~ ~
<br />Paul E. Williamson, P.E., Acting Chief
<br />Monitoring E Enforcement Section
<br />cc: Bob Burm, U.S. Environmental Protection Agency
<br />District Engineer
<br />PW/jd
<br />WQ-PA (109)
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