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<br />• Illillliillllllllll • ~I~Ep <br />EPA'RE~fON 8 <br />HEARINA B~ERK <br />UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Sly 2 8 cO~J <br />REGION 8 <br />RECEIVED ) <br />In The Matter Of OCT ~ 2 2Lid~ ) <br />Hall-Irwin Corporation <br />Peter and Cindy Baurebivision of Minerals and Gealj~v <br />Carl Eiberger } <br />) <br />RESPONDENTS. ) <br />Docket No. CfaA-OS-2001-63 <br />Proceeding to Assess Class II <br />Administrative Penalty Under <br />Clean Water Act, Section 309(8) <br />ADMINISTRATIVE COMPLAINT <br />I. Statutory Authority <br />p n ~ ~ c~c~~ ,C~ <br />The following Complaint and Findings are made, and Notices given and Penalty assessed <br />under the authority vested in the Administrator of the U. S. Environmental Protection Agency <br />("EPA") by Section 309(8) of the Clean Water Act, 33 U.S.C. §1319(8), ('.'CWA or the "Act"). <br />These authorities have been properly delegated to the undersigned, who hereby issues this <br />Complaint and Notice. <br />II. Findings of Violation: <br />1. Hall-Irvin Corporation (formerly known as Hall-Irvin Construction Co.) is a <br />construction company that conducts surface extraction of construction materials (sand and gravel <br />mining) on land containing wetlands in Section 36, Township 1 Nort1S Range 67 West, in Weld <br />County, neaz Brighton, Colorado and elsewhere in Colorado. The office for Hall-Irvin <br />Corporation is located at 3026 4'h Ave., Greeley, Colorado and its business address is P.O. Box <br />519, Greeley, Colorado, 80632. Peter and Cindy Baurer and Carl Eiberger own the property, <br />Section 36, Township 1 North, Range 67 West, in Weld County, neaz Brighton, Colorado where <br />the wetlands are located. <br />2. Hall-Irwin Corporation, Peter and Cindy Baurer and Carl Eiberger or the <br />("Respondents") are each a "person" as defined in Section 502(5) CWA, 33 U.S.C. § 1362(5). <br />3. In approximately June and July of 1998, Respondents or their agents or contractors <br />dischazged dredged or fill material into delineated wetland areas adjacent to;the South Platte <br />River in Section 36, Township 1N, Range 67 W, Weld County, to construct a slurry wall around <br />the mining azea described in Pazagraph 1, above. <br />4. The dischazges described in Paragraph 3, above, were performed using common earth <br />moving equipment operated by Respondent Hall-Irwin Corporation or its agents or contractors. <br />