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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 (N.S.L.) <br />COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT <br />DIVISION OF ADMINISTRATION <br />WATER QUALITY CONTROL DIVISION <br />AMENDMENT NUMBER THREE <br />NOTICE OF VIOLATION /CEASE AND DESIST ORDER NUMBER I0- 100601 -1 <br />IN THE MATTER OF: <br />COTTER CORPORATION <br />SCHWARTZWALDER MINE <br />JEFFERSON COUNTY, COLORADO <br />ANSWER OF COTTER CORPORATION (N.S.L.) <br />Cotter Corporation (N.S.L.) ( "Cotter "), through its attorneys, answers Amendment Number <br />Three of the Notice of Violation/Cease and Desist Order (the "Order ") as follows: <br />General Findings <br />1. The Order speaks for itself. <br />2. Due to the vagueness of the allegation that Cotter has completed only a "majority," and <br />not all, of the corrective actions required by the Order, Cotter is without knowledge or <br />information sufficient to form a belief as to the allegations, and on that basis denies them. It <br />admits that it has completed at least a majority of the corrective actions in the Order. Due to the <br />vagueness of the allegation regarding "other mine - related pollutants," Cotter is without <br />knowledge or information sufficient to form a belief as to the allegation that "ongoing discharges <br />of uranium and other mine- related pollutants to groundwater and surface water from the Facility <br />continue," and on that basis denies it. Cotter affirmatively asserts that certain sources at the <br />Schwartzwalder Mine ( "Mine ") are causing the presence of uranium in groundwater adjacent to <br />the Mine and Ralston Creek, but the alluvial groundwater capture and treatment system installed <br />by Cotter has substantially reduced the concentration and amount of uranium in groundwater and <br />surface water. <br />