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<br />Range 67W, in Weld County, near Brighton, Colorado and elsewhere in Colorado. Hall Irwin <br />Companies is located at 3026 4m Ave., Greeley, Colorado and its business address is P.O. Box <br />519, Greeley, Colorado, 80632. <br />2. Peter and Cindy Baurer and Cazl Eiberger own and lease to Hall-Irwin Companies the <br />property, Section 36, Township 1N, Range 67W, in Weld County, near Brighton, Colorado <br />where the wetlands are located. The address for the Baurer's and Mr. Eiberger is 754 Weld <br />County Road 23'h, Brighton, Colorado, 80601. <br />3. Hall-twin Companies, Peter and Cindy Baurer and Carl Eiberger or the "Respondents" are <br />each a "person" as defined in Section 502(5) CWA, 33 U.S.C. § 1362(5). <br />4. In approximately June of 1998, Respondent Hall-Irwin or its agents or contractors <br />dischazged sidecast earthen material excavated from wetland areas and installed a bentonite slung <br />wall in wetlands. These delineated wetland areas are adjacent to the South Platte River in Section <br />36, Township 1N, Range 67 W, Weld County. <br />5. The dischazges described in Paragraph 4, above, were performed using common earth <br />moving equipment operated by Respondent Hall-Irwin or its agents or contractors. As stated by <br />Respondent Hall-Irwin in its response to EPA's information request under § 308 of the CWA, the <br />pieces of equipment used in the installation of the slurry wall were as follows: <br />a. Hitachi 750 Excavator leased and operated by Respondent Hall Irwin <br />b. Dresser Model 6200 Excavator owned and operated by Respondent Hall Irwin <br />c. Dresser TD-15 Dozer owned and operated by Respondent Hall Irwin <br />d. Dresser TD-25 Dozer owned and operated by Respondent Hall Irwin <br />6. The South Platte River, its adjacent wetlands, and its side channels or tributaries are each a <br />"navigable water" within the meaning of Section 502 of the Act, 33 U.S.C. § 1362. <br />7. The machinery and earthmoving equipment referenced in Pazagraph 5, above, are each a <br />"point source" within the meaning of the definition set forth in Section 502(14) of the CWA, <br />33 U.S.C. § 1362(14). <br />8. The discharged materials referenced in Paragraph 4, above, are each a "pollutant" within <br />the meaning of the definition set forth in Section 502(6) of the CWA, 33 U.S.C. <br />§ 1362(6) and 40 C.F.R § 230.2. <br />9. The dischazge in the wetlands adjacent to the South Platte River described in Paragraph 4, <br />above, constitutes a "dischazge of pollutants" within the meaning of the definition set forth in <br />Section 502(12) of the CWA, 33 U.S.C. § 1362(12). <br />10. Respondents are therefore subject to the provisions of the Act, 33 U.S.C. § 1251 et sea.. <br />including Sections 301(a), 308, 309(a), and 404 of the Act, 33 U.S.C. §§ 1311(a), 1318, 1319(a), <br />2 <br />