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and Cotter shall comply with the plan and time schedule, as submitted, unless notified by the <br />Division in writing that an alternate plan or schedule is appropriate. If the Division imposes an <br />alternate plan or schedule, it shall also become a condition of the Order. <br />OBLIGATION TO ANSWER AND REQUEST FOR HEARING <br />Pursuant to §25-8-603, C.R.S. and 5 CCR 1002, §21.11(A) you are required to submit to the Division an <br />answer affirming or denying the findings in paragraphs 1 through 8 of this Amendment Number Three to the <br />Order. 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. and 5 CCR 1002, § 21.11 also state that you may request the Division to conduct a <br />public hearing to determine the validity of this Amendment Number Three to the Order. The Division is <br />aware that you previously submitted a request for a hearing to contest certain findings and violations cited in <br />the original Order. In order to contest any of the findings or violations cited in this Amendment Number <br />Three, you must file a separate request for a hearing. Such request shall be filed in writing with the Division <br />and include the information specified in 5 CCR 1002-21, § 21.4(B)(2). The request for hearing, if any, shall <br />be filed no later than thirty (30) calendar days after issuance of this action. In such event, the Division would <br />schedule a hearing to deal with the issues you contest from both the original Order and this Amendment <br />Number Three. If you do not file a separate request for hearing regarding this Amendment, the validity of the <br />factual allegations and the violations cited herein shall be deemed established in any subsequent Department <br />proceeding. In such case, the adjudicatory hearing which you previously requested would be limited to the <br />findings of fact and violations that you denied from the original Order. The filing of an answer does not <br />constitute a request for hearing. <br />SCOPE AND EFFECT OF AMENDMENT NUMBER THREE <br />This Amendment shall be construed in a manner that is consistent with the orders issued by the Colorado <br />Mined Land Reclamation Board on August 11, 2010 and December 8, 2010, and shall specifically not relieve <br />or interfere with Cotter's obligation to comply with the current or subsequent orders of the Colorado Mined <br />Land Reclamation Board. <br />The scope of this Amendment Number Three to the Order is limited to the revisions outlined above. All other <br />terms and conditions of the Order shall remain unchanged and in effect. <br />Issued at Denver, Colorado, this 2 7 '' day of September, 2011. <br />FOR THE COLO RADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT <br />Cotter Corporation - Schwartzwalder Mine <br />Amendment Number Three <br />Notice of Violation / Cea.se and Desist Order, Number: 10-100601-1 <br />Page 5 of 5 <br />Lori M. Gerzina, Section anager <br />Compliance Assurance and Data Management Section <br />WATER QUALITY CONTROL DIVISION <br />