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3. Paragraph 26 of the Order speaks for itself. <br />4. Cotter admits the allegations in paragraph 4 of Amendment Number Three. <br />5. The terms and conditions of Radioactive Materials License ( #369 -03) speak for <br />themselves. <br />6. Cotter admits the allegations in paragraph 6 of Amendment Number Three. <br />7. Paragraph 7 of Amendment Number Three presumes that the entire "Facility," defined in <br />the Order as the Mine, is a point source. Cotter denies that the entire "Facility" can be <br />considered a "point source." Due to the vagueness of the allegation regarding the "point source" <br />and the vagueness of the words "other mine related pollutants," Cotter is without knowledge or <br />information sufficient to form a belief as to the truth of the allegation in this paragraph, and on <br />that basis denies it. Cotter affirmatively states that certain sources at the Mine are resulting in <br />the presence of uranium in Ralston Creek, the underlying groundwater, and the alluvial water of <br />Ralston Creek, but the alluvial groundwater capture and treatment system installed by Cotter has <br />substantially reduced the concentration and amount of uranium in groundwater and surface <br />water. <br />8. Paragraph 8 of Amendment Number Three asserts what the Division has determined and <br />no response is required. To the extent a response is required, Cotter denies the allegations of <br />paragraph 8 of Amendment Number Three. <br />Affirmative Defense <br />The Division has failed to state a claim upon which relief can be granted. <br />Second Affirmative Defense <br />The alleged violation is barred by the applicable statute of limitations. <br />Third Affirmative Defense <br />The alleged violation is barred by laches. <br />Fourth Affirmative Defense <br />It will be impossible to comply both with the terms of paragraph 9.b. of Amendment Number <br />Three and the orders issued by the Colorado Mined Land Reclamation Board on August 11, 2010 <br />and December 8, 2010. <br />Other Defenses <br />This answer is being filed based on Cotter's current knowledge of facts after reasonable inquiry. <br />Cotter reserves the right to amend this answer to assert any additional defenses, based on new <br />information or subsequent investigations. <br />2 <br />