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Ms. Scott <br />Page I2 <br />March 6, 2013 <br />Based on ourrecent conversation and the information provided in the discharge permit <br />application, the Division understands the WQCD does not intend to issue a discharge permit for <br />the Cash and Who Do Mines because the water which flows from the 3 Level Adit does not <br />directly flow into any state waters. However, the Cash and Who Do Mines are flanked by the <br />Cash Gulch on the west and an unnamed gulch to the east; both of the gulches are ephemeral and <br />flow into Gold Run Gulch which in turn flows into Boulder Creek. <br />Additionally, on May 6, 2009, the WQCD conducted a site visit and found that water from the <br />Cash and Who Do Mines was being discharged to the ground surface at that time. As a result, the <br />WQCD issued a Compliance Advisory which established the Permittee of the Cash and Who Do <br />Mines was allegedly in violation of the Water Quality Control Act, § 25 -8 -501, C.R.S. The <br />WQCD instructed the Permittee to submit a discharge permit application for the discharge from <br />the Cash and Who Do Mines. Based on a review of the Compliance Advisory letter dated July <br />28, 2009, it would appear that the WQCD issued an alleged violation and associated corrective <br />actions without actually observing a discharge from the Cash and Who do Mines directly <br />entering into waters of the state. <br />Currently DRMS is unaware of any formal enforcement actions taken by the WQCD as the result <br />of issuing the Compliance Advisory. DRMS contends at this time that the discharge from the 3rd <br />Level Adit is a point source discharge to the ground surface that should be regulated under a <br />discharge permit from the WQCD. Furthermore, the Division requests the WQCD not make a <br />final determination as to whether a discharge permit will be issued until both of our agencies can <br />conduct a joint inspection of the site or meet to discuss this issue further. <br />I look forward to receiving your response. If you have any questions, please contact me at <br />(303)866 -3567 x8116. <br />Sincerely, <br />Michael A. Cunnifigham <br />Environmental Protection Specialist <br />Enclosures: Compliance Advisory Letter (July 28, 2009) <br />DRMS Inspection Report (August 24, 2011) <br />CC: Tony Waldron, DRMS <br />Tom Kaldenbach, DRMS <br />Stephanie Carter, BLM <br />Mark Steen, Gold Hill Mines, Inc. <br />