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STATE OF COLORADO <br />Bill Ritter, Jr., Governor <br />James B. Martin, Executive Director <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />4300 Cherry Creek Dr. S. Laboratory Services Division <br />Denver, Colorado 80246-1530 8100 Lowry Blvd. <br />Phone (303) 692-2000 Denver, Colorado 80230-6928 <br />TDD Line (303) 691-7700 (303) 692-3090 <br />Located in Glendale, Colorado <br />httpJ/www.cdphe.state.co.us <br />July 28, 2009 <br />Mr. R. T. Heard CERTIFIED MAIL: 7007 0220 0001 0160 1155 <br />Mount Royale Ventures, LLC <br />P.O. Box 19754 <br />Boulder, Colorado 80308 <br />RE: Compliance Advisory; Unpermitted Industrial Wastewater Discharge to Groundwater and <br />Surface Water; Cash & Who Do Mines; Boulder County <br />Dear Mr. Heard: <br />On July 20, 2009, Mr. Mark Steen, Owner of the Cash & Who Do Mines notified the Water Quality Control <br />Division (Division) of an alleged unpermitted industrial wasiewater discharge to groundwater and surface <br />water from the mines. The facility allegedly pumps groundwater from the mines tliai accumulates in the <br />mines so the operators can work the mines. The discharges are allegedly released to Gold Run which then <br />flows into Boulder Creek. According to Mr. Steen, he has witnessed these incidents and can pxovide <br />documentation. Mr. Allen Sorenson, Inspector for the Colorado Division of Reclamation Mining and Safety <br />(DBMS), conducted a site visit and inspection on May 6, 2009. His report references notification by Mark <br />Steen, a representative of the landowners of the Mines, of alleged discharges from the mines. <br />These findings led to a follow-up site visit by Mark Williams, Water Quality Program Coordinator, Boulder <br />County Public Health on July 22, 2009. The site visit consisted of an evaluation of the discharge condition <br />of the facility and a search for discharging equipment and facilities. During the visit, Mr. Williams found <br />hoses and pumps ready for but not in use. However, an estimated one (1) gpm discharge was occurring as a <br />result of seeping and siphoning. <br />Based on these findings, Mount Royale Ventures, LLC is allegedly discharging industrial wastewater to the <br />groundwater and surface water without a Colorado Discharge Permit System (CDPS) discharge permit. <br />Mount Royale Ventures, LLC is allegedly in violation of the Colorado Water Quality Control Act (the <br />"Act"), § 25-8-501, C.R.S. which states in part that: <br />"No person shall discharge any pollutant into any state waters from a point source without first <br />having obtained a permit from the division for such discharge, and no person shall discharge into a <br />