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NOTICES AND SUBMITTALS <br />For all documents, plans, records, reports and replies required to be submitted by this Notice and Orders, <br />Cotter shall submit an original and an electronic cony to the Division at the following address: <br />Colorado Department of Public Health and Environment <br />Water Quality Control Division / WQCD-B2-CAS <br />Compliance Assurance Section <br />Attention: Michael Harris <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80246-1530 <br />Email: michael.harris@state.co.us <br />For any person submitting documents, plans, records and reports pursuant to this Notice and Orders, that <br />person shall make the following certification with each submittal: <br />"I certify under penalty of law that this document and all attachments were prepared under. my <br />direction or supervision in accordance with a system designed to assure that qualified personnel <br />properly gather and evaluate the information submitted. Based on my inquiry of the pem:)n or <br />persons who manage the system, or those persons directly responsible for gathering the information, <br />the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I <br />am aware that there are significant penalties for submitting false information, including the <br />possibility of fine and imprisonment for knowing violations." <br />OBLIGATION TO ANSWER AND REQUEST FOR HEARING <br />Pursuant to §25-8-603, C.R.S. (2009) and 5 CCR 1002, §21.11 you are required to submit to the Division an <br />answer affirming or denying each paragraph of the Findings of Fact and responding to the Notice of Violation. <br />The answer shall be filed no later than thirty (30) calendar days after receipt of this action. <br />Section 25-8-603, C.R.S. (2009) and 5 CCR 1002, §21.11 also provide that the recipient of a Notice of <br />Violation may request the Division to conduct a public hearing to determine the validity of the Notice, <br />including the Findings of Fact. Such request shall be filed in writing with the Division and include the <br />information specified in 5 CCR 1002, §21.4(B)(2). Absent a request for hearing, the validity of the factual <br />allegations and the Notice of Violation shall be deemed established in any subsequent Department proceeding. <br />The request for hearing, if any, shall be filed no later than thirty (30) calendar days after issuance of this <br />action. The filing of an answer does not constitute a request for hearing. <br />Cotter Corporation - Schwaruwalder Mine <br />Notice of Violation/Cease and Desist Order <br />Page 5 of 7