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Henry W. Ipsen <br />Charlotte L. Neitzel <br />HOLME ROBERTS & OWEN LLP <br />1700 Lincoln Street, Suite 4100 <br />Denver, Colorado 80203-4541 <br />Telephone: (303) 861-7000 <br />Facsimile: (303) 866-0200 <br />Attorneys for Cotter Corporation <br />COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT <br />DIVISION OF ADMINISTRATION <br />WATER QUALITY CONTROL DIVISION <br />NOTICE OF VIOLATION/CEASE AND DESIST ORDER NUMBER I0-100601-1 <br />IN THE MATTER OF: COTTER CORPORATION <br />SCHWARTZWALDER MINE <br />JEFFERSON COUNTY, COLORADO <br />REQUEST FOR HEARING OF COTTER CORPORATION (N.S.L.) <br />Cotter Corporation (N.S.L.) ("Cotter"), through its attorneys, hereby requests that the Water <br />Quality Control Division ("WQCD") conduct a public hearing to determine the validity of the <br />Notice of Violation, including the Findings of Fact, in the above-referenced Notice of <br />Violation/Cease and Desist Order, and to determine whether all of the actions in the "Required <br />Corrective Action" part of the Cease and Desist Order are justified. <br />The statutory and regulatory authorities that provide the basis for the request are Colo. Rev. <br />Stat. § 25-8-603(2), and 5 Colo. Code Regs. 1002 § 21.1 l(B). <br />Cotter believes that the WQCD has committed error as set forth in Cotter's answer, filed <br />simultaneously with this request. In addition, Cotter believes that the WQCD has committed <br />error in the "Required Corrective Action" part of the Cease and Desist Order. Paragraph 25 <br />requires that Cotter "immediately initiate measures to cease all unauthorized discharges of <br />pollutants from the Facility to state waters," and paragraph 26 requires that it "immediately begin <br />monthly water quality monitoring." The term "immediately" is vague and impractical on its <br />face. Cotter has initiated or is initiating such measures and water quality.monitoring as <br />expeditiously as possible. Cotter also strongly opposes paragraph 28.b. of the Order (and <br />paragraph 28.c. to the extent that it relates to paragraph 28.b), which requires Cotter to <br />"[r]einitiate mine dewatering and water discharge treatment sufficient to bring the mine water <br />1478739 v1 den