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Subject Matter of WQCD Proceedings Below <br /> 16. The subject matter of the WQCD proceeding below is <br /> limited to a single permitted discharge point, Mid-Continent's <br /> Outfall No. 016. It is the terminus of three settling ponds <br /> operating in series receiving both surface runoff from - areas <br /> "disturbed" by mining activities and underground water discharged <br /> from the Rock Tunnels Project of Mid-Continent's Dutch Creek Mine. <br /> The three ponds for Outfall No. 016 are situate in Coal Basin, <br /> Pitkin County, Colorado, approximately four miles West of the <br /> Village of Redstone, at an elevation of approximately 8, 350 feet <br /> msl. The period involved in these charges is relatively short, <br /> from January 17 through February 23, 1989. <br /> WQCD <br /> Notices of Violation/Cease & Desist <br /> Orders - Allegations' <br /> 22-Feb-89 WQCD-NoV <br /> 17. The allegations of the February 22, 1989 WQCD-NoV, <br /> issued on behalf of the Water Quality Control Division of the <br /> Colorado Department of Health, charged Mid- Continent, as "findings <br /> of fact" and as an alleged permit violation, with TSS (total <br /> suspended solids) violations on January 26, 1989, and February 7, <br /> 1989, and for 13 intervening days.!/ <br /> 11-Apr-89 Amended WQCD-NoV <br /> 18. This NoV is amendatory of the earlier February 22, 1989 <br /> NoV and charges, as additional "findings of fact" and as an <br /> additional alleged permit violation it charged additional discharge <br /> violations on January 17, 1989 and February 23 , 1989, and for 37 <br /> intervening days.21 <br /> 27-Jun-89 Second Amended WQCD-NoV <br /> 19. The Second Amended NoV charges Mid-Continent, as yet <br /> additional "findings of fact" and as an amended alleged permit <br /> violation for 30-days of violation based on the arithmetic average <br /> of four separate samples taken on January 26, February 2, 7 and 23, <br /> 1989, and for a violation of the 30-day average.31 <br /> 20. Mid-Continent timely filed three answers to the WQCD-NoV <br /> as twice amended. The most recent amended answer, dated and mailed <br /> September 28, 1989, raised permit provisions, regulations and <br /> affirmative defenses to the allegations of the NoV, as amended. <br /> ' Hereinafter the note-references in this complaint are to the <br /> endnotes rather than footnotes. <br /> Mid-Continent Resources, Inc. <br /> Complaint - 4 - <br />