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Cotter respectfully requests that the Notice be withdrawn, pending a decision by the District <br />Court. <br />Moreover, the statutory provision that authorizes penalties, Colo. Rev. Stat. § 34-32- <br />124(7), does not allow the imposition of penalties for violation of an order. Rather, it states that <br />"[a]ny person who violates any provision of any permit issued under this article may be subject <br />to a civil penalty of not less than one hundred dollars per day nor more than one thousand dollars <br />per day for each day during which such violation occurs ...." (Emphasis added.) Therefore, <br />the Board does not have authority to assess civil penalties for violation of the Order. <br />Without waiving the objection to the Notice and to the scheduling of an enforcement <br />hearing, Cotter identifies below additional information regarding actions taken by Cotter to <br />improve water quality in Ralston Creek. Cotter has continued to conduct an investigation of the <br />source of contamination of Ralston Creek. Data collected since a water treatment system started <br />operating on July 2, 2010 have provided valuable information that Cotter is using to refine the <br />system and improve hydraulic capture of alluvial groundwater. Cotter is implementing <br />additional remedial actions that have not been requested by DRMS or ordered by the Board. On <br />October 4, 2010, Cotter submitted a request for Technical Revision 15 ("TR-15") to install <br />additional groundwater capture systems and pumping locations within the alluvial fill in order to <br />expand the alluvial groundwater capture and treatment capabilities at the Schwartzwalder Mine <br />site as soon as possible (Exhibit A). The TR-15 request explained that Cotter had already <br />implemented remedial actions that went beyond the requirement of corrective action number one <br />of the Order, which was to "[r]einitiate a water treatment system to treat all water that reports to <br />Sump Number One as soon as possible, but no later than July 31, 2010." As set forth in Exhibit <br />A, Cotter procured and installed the necessary equipment and began pumping and treating water <br />3