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Exhibit A <br />Discharging Without a Permit <br />21. Pursuant to §25- 8- 501(1), C.R.S. (2009), no person shall discharge any pollutant into any state water 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 />Cotter Corporation — Schwartzwalder Mine <br />Notice of Violation/Cease and Desist Order <br />Page 3 of 7 <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 any 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 of the 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 />