2009-10-29_HYDROLOGY - M1978091UG

• Permit No: M1978091UG
• IBM Index Class Name: HYDROLOGY
• Doc Date: 10/29/2009
• Doc Name: WQ compliance advisory & responsses
• From: WQCD/CDPHE
• To: LKA Int'l
• Email Name: RCO
• Media Type: D
• Archive: No

STATE OF COLORADO
Bill Ritter, Jr., Governor
James B. Martin, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone [phone]
TDD Line [phone]
Located in Glendale, Colorado
http://www.cdphe.state.co.us
October 13, 2009
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
[phone]
Kye Abraham, President
LKA International, Inc.
3724 47`I' St., Ct. NW
Gig Harbor, WA 98355
pF c0?0
mow' `? ?
1876
Colorado Department
of Public Health
and Environment
Certified Mail Number: 70051820 0000 3212 8328
RE: Compliance Advisory - Failure to Comply With Notice of Violation/Cease and Desist
- Order, Nu;iciher-I0-0811-10-2 -
Dear Mr. Abraham:
LKA International, Inc. (`LKA'') was issued the above referenced Notice of Violation/Cease and
Desist Order on November 10, 2008 (the "Order"). The Order was issued by the Colorado
Department o`' Public Health and Environment's Water Quality Control Division (the "Division")
pursuant to the authority given the Division by §§25-8-602 and 25-8-605 of the Colorado Water
Quality Control Act (the "Act"). The Division based the Order upon findings that LKA has violated
the Act.
According to Division records, LKA failed to fully comply with the Order, specifically paragraphs
23, 25, and 26. As you have been previously informed on numerous occasions, the Division
expects written' documentation that LKA has satisfied the requirements of paragraphs 23, 25 and 26
as they specfflically relate to the unauthorized discharges Of pollutants from the Facility into state
ivaters as specified below.
Alleged Violations:
Paragraph 23. LKA shall immediately initiate measures to permanently cease all unauthorized
discharges of pollutants to state waters from the Facility.
Paragraph 25.,, f LKA has not permanently ceased the unauthorized "discharge of pollutants from its
operations into Deadman Gulch and the Gunnison River, LKA shall monitor the effluent discharged
from each seed at the Facility. This monitoring shall begin no later than December 1, 2008, and
shall continue until such time as the discharge can be ceased or until LKA receives permit
authorization for such. discharge. The discharge shall be monitored once each calendar month for
the following,parameters: flow, total suspended solids, total dissolved solids, aluminum, arsenic,
cadmium, copper, lead, iron, manganese, mercury, molybdenum, nickel, selenium, silver, zinc, and