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AM <br /> BEFORE THE DEPARTMENT OF HEALTH <br /> DIVISION OF ADMINISTRATION <br /> STATE OF COLORADO <br /> ------------------------------------------------------------------------------ <br /> NOTICE OF VIOLATION AND CEASE AND DESIST ORDER <br /> ------------------------------------------------------------------------------- <br /> IN THE MATTER OF: MID-CONTINENT RESOURCES, INC. <br /> CDPS CO-0000396 <br /> PITKIN COUNTY, COLORADO <br /> ------------------------------------------------------------------------------- <br /> TO: Mid-Continent Resources, Inc. <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. Mid-Continent Resources, Inc. ("Mid-Continent") owns and <br /> operates the Coal Basin Mines ("the mines") located in the SW1/4 of Section <br /> 11, T10S, R89W, approximately 4 1/2 miles west of Redstone, Colorado, in <br /> Pitkin County. - <br /> 2. In connection with its operation of the mines, Mid-Continent <br /> operates a wastewater treatment system ("the treatment system") which is the <br /> subject of Colorado Discharge Permit System Permit No. CO-0000396 issued <br /> October 20, 1982 and scheduled to expire on June 30, 1987 ("the permit"). <br /> Under the terms of the permit, there are 21 authorized points of discharge <br /> associated with the treatment system. <br /> 3. On May 3, 1984, a representative of the division observed that <br /> Coal Creek ("the creek"), upstream of the confluence with Bear Creek and in <br /> the vicinity of the mines, was black in color. Upon further inspection the <br /> representative observed a black stream of water leaving the coal yard area <br /> ("yard area runoff"), flowing down a hillside and entering the creek at a <br /> point downstream of a mine entrance road which crosses the creek. The <br /> representative observed that the creek upstream of the point of entry of the <br /> black stream was light brown in color. <br /> 4. The division representative sampled and photographed the black <br /> stream at the point of entry into the creek on May 3, 1984. The sample was <br /> analyzed by the Laboratory Division of the Colorado Department of Health <br /> according to standard testing procedures and was found to contain the <br /> following levels of pollutants: <br />