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<br />Range 67W, in Weld County, neaz Brighton, Colorado and elsewhere in Colorado. Hall Irwin
<br />Companies is located at 3026 4~ Ave., Greeley, Colorado and its business address is P.O. Box
<br />519, Greeley, Colorado, 80632.
<br />2. Peter and Cindy Baurer and Carl 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'/,, Brighton, Colorado, 80601.
<br />3. Hall-Irwin Companies, Peter and Cindy Baurer and Cazl Eiberger or the "Respondents" are
<br />each a "person" as defined in Section 502(5) CWA, 33 U.S.C. § 1362(5).
<br />4. La approximately June of ] 998, Respondent Hall-Irwin or its agents or contractors
<br />discharged sidecast earthen material excavated from wetland areas and installed a bentonite slurry
<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 discharges 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-twin 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 Mode16200 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 Paragraph 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 discharge in the wetlands adjacent to the South Platte River described in Pazagraph 4,
<br />above, constitutes a "discharge 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 30l(a), 308, 309(a), and 404 of the Act, 33 U.S.C. §§ 1311(a), 1318, 1319(a),
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