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Dischandna Without a Permit <br />21. Pursuant to §25-8-501(1), C.R.S. (2009), no person shall discharge anypollutant into any state ,eater from <br />a point source without first having obtained a permit from the Division for such discharge. <br />22. Cotter's discharge of uranium and other mine-related pollutants from the Pad to the alluvial water and <br />Ralston Creek constitutes an unauthorized discharge of pollutants from a point source into state waters in <br />violation of §25-8-501(1), C.R.S. (2009). <br />23. Cotter's discharge of uranium and other mine-related pollutants from the mine to ground water and <br />Ralston Creek constitutes an unauthorized discharge of pollutants from a point source into state waters in <br />violation of §25-8-501(1), C.R.S. (2009). <br />NOTICE OF VIOLATION <br />Based on the foregoing Findings. of Fact and Conclusions of Law, you are hereby notified that the Division has <br />determined that Cotter has violated the following section of the Colorado Water Quality Control Act: <br />Section 25,8-501(1), C.R.S. (2009), which states "No person shall discharge arty pollutant into any <br />state water from a point source without first having obtained a permit from the division for such <br />discharge... <br />REQUIRED CORRECTIVE ACTION <br />Based upon the foregoing factual and legal determinations and pursuant to §25-8-602 and §25-8-605, C.R.S. <br />(2009), Cotter is hereby ordered to: <br />24. Cease and desist from all violations ofthe Colorado Water Quality Control Act, §§25-8-101 through 25-8- <br />703, C.R.S. (2009), and its implementing regulations promulgated thereto. <br />Furthermore, the Division hereby orders Cotter to comply with the following specific terms and conditions of <br />this Order: <br />25. Cotter shall immediately initiate measures to cease all unauthorized discharges of pollutants from the <br />Facility to state waters. <br />26. Cotter shall immediately begin monthly water quality monitoring of Ralston Creek at a point upstream of <br />the Facility and at the Facility's lowermost property boundary for the following parameters: total uranium, <br />potentially dissolved uranium, total molybdenum, potentially dissolved molybdenum, phosphorus, <br />phosphate, nitrate + nitrite, gross alpha particle activity, gross beta particle activity, total dissolved solids, <br />total suspended solids, radium 226+228 (total), pH, total recoverable antimony, boron, total recoverable <br />chromium, potentially dissolved copper, potentially dissolved silver, potentially dissolved zinc., weak acid <br />dissociable cyanide, fluoride, and total recoverable thallium. Sample collection and laboratory analysis <br />shall be conducted using U.S. Environmental Protection Agency approved methods, and the analytical <br />Cotter Corporation - Schwartmalder Mine <br />Notice of ViolatioalCease and Desist Order <br />Page 3 of 7