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./J_ /477- 3 o d <br />STATE OF COLOPADO <br />Bill Ritter, Jr., Governor <br />Martha E. Rudolph, Executive Director <br />Dedicated to protecting and Improving the health and environment of the people of Colorado <br />4300 Cherry Creek Dr. S. <br />Denver, Colorado 80246-1530 <br />Phone (303) 682.2000 <br />TDD Line (303) 69t-7700 <br />Located in Glendale, Colorado <br />Laboratory Services Division <br />8100 Lowry Blvd. <br />Denver, Colorado 80234-6928 <br />(303) 692-3090 <br />httpJJwww.cdphe.state.oo.us <br /> <br />June 1, 2010 <br />•c <br />a t <br />} /8?6 f <br />Colorado Dgmxuueat <br />of Public E121th <br />andEnviromveat <br />Mr. Gnus M. Gaviotis, Registered Agent <br />Cotter Corporation (Schwattzwalder Mine) GWi red Mail Number. 70091680 0000 209414756 <br />7800 E Dorado Pl., Ste. 210 <br />Greenwood Village, CO 80111 <br />RE: Service of Notice of Violation/Cease and Desist Order, Number: 10-100601-1 <br />Dear Mr. Gaviotis: <br />Cotter Corporation is hereby served with the enclosed Notice of Violation / Cease and Desist <br />Order (the "NOV/CDO"). This NOV/CDO is issued by the. Colorado Department of Public <br />Health and Environment's Water Quality Control Division (the "Division") pursuant to the <br />authority given to the Division by §§25-8-602 and 25-8-605, C.R.S., of the Colorado Water <br />Quality Control Act,. (the "Act"). The Division bases this NOV/CDO upon findings that Cotter <br />Corporation has violated the Act, and/or permit regulations promulgated pursuant to the Act, as <br />described in the enclosed NOV/CDO. <br />Pursuant to §25-8-603, C.R.S., Cotter Corporation is required, within thirty (30) calendar clays of <br />issuance of this NOV/CDO, to submit to the Division an answer admitting or denying; each <br />paragraph of the Findings. of Fact and responding to the Notice of Violation. <br />This action could result in the imposition of civil penalties. The Division is authorized pursuant <br />to §25-8-608, C.R.S., to impose a penalty of $10,000 per day for each day during which such <br />violation occurs. <br />Please be advised that the Division is continuing its investigation into this matter and 'the <br />Division may identify supplementary violations that warrant amendments to this NOV/CDO or <br />the issuance of additional enforcement actions.