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<br />.... <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />, . <br /> <br />181 <br /> <br />(j <br /> <br />BEFORE mE COLORADO WATER QUALITY CONTROL COMMISSION <br />STATE OF COLORADO <br /> <br />ORDER GRANTING MOTION TO DISMISS <br />IN THE MATI'ER OF THE WATER QUALITY CONTROL DMSION'S 401 CERTIFI- <br />CATION FOR SNOWMAKING ACTNITIES AT ARAPAHOE BASIN SKI AREA <br /> <br />INTRODUCTION <br /> <br />This matter comes before the Commission on the Motion To Dismiss by <br />Dundee Realty, U.S.A., Inc. ("Dundee"), .and the Request For Stay filed by Trout <br />Unlimited, Inc. and Colorado Wild, Inc., ("Appellants"). I <br /> <br />PROCEDURAL BACKGROUND <br /> <br />On November 21,2000, the Colorado Water Quality Control Division <br />("Division") issued a letter certifYing under ~ 401 of the Clean Water Act, 33 U.S.C. <br />fi 1341, that Dundee's snowmaJdng project would meet all applicable water quality <br />requirements for affected waters (the "certification"). Notice of the certification was <br />published in the December 2000 issue of the Water Quality Bulletin. On December <br />26,2000, Appellants filed a timely appeal of the certification with the Commission. <br />Appellants' appeal included a request that the Division's certification be stayed <br />pending Conunission action on the appeal. <br /> <br />At a preheating conference held on January 9, 200 I, the Commission ordered <br />that any dispositive motions and any brief in support of Appellants' request for stay <br />be filed by January 22, 2001. The Commission also ordered that responses to the <br />motion(s) and request be filed by January 31 and that replies to the briefs be filed by <br />February 6. The Commission held a hearing on the motions and the stay on February <br />13,2001. <br /> <br />On January 22, Dundee filed a Motion to Dismiss the Appeal, and the <br />Appellants filed their brief in support of stay. Dundee, the Appellants, and the <br />Division in accordance with the Commission's Order filed briefs on the motions, as <br />well as responses to the briefs. Amicus letters in support of Dundee's motion to <br /> <br />I The Appellants' original appeal included a request for a stay. In response to the <br />Commission's direction that the parties file briefs on the motion to dismiss and the request <br />for stay, Appellants filed a Brief in Support of Their Request For Clarification of the <br />Division's 401 Certification, and in the Alternative For a Stay of the Decision Pending <br />Commission Review. <br /> <br />...... <br />