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• <br /> BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> IN THE MATTER OF COTTER CORPORATION, N.S.L., SCHWARTZWALDER <br /> MINE, PERMIT No. M-1977-300 <br /> JOINT STIPULATION <br /> The Division of Reclamation, Mining and Safety ("Division") and Cotter Corporation <br /> (N.S.L.) ("Cotter") through their undersigned counsel submit this joint stipulation for <br /> consideration by the Mined Land Reclamation Board("Board"). Specific details <br /> regarding this violation are contained in the Division's inspection report dated July 5, <br /> 2012 and included with this stipulation as Attachment A. In support of their joint <br /> stipulation, the Division and Cotter state the following: <br /> 1. Cotter admits it violated, pursuant to section 34-32-124, Hard Rock <br /> Regulation 1.9 and section 34-32-109 of the Mined Land Reclamation Act ("Act") by <br /> proceeding with work proposed in Technical Revision 20 ("TR-20") prior to the <br /> approval of TR-20 by the Division. Cotter admits it was aware that it did not have the <br /> Division's approval of the activities outlined in TR-20 but nevertheless allowed its <br /> contractor to proceed with the unapproved activities in order to avoid violation of its <br /> Colorado Department of Public Health and Environment discharge permit. <br /> 2. Cotter agrees to the issuance of a Cease and Desist Order that requires <br /> the operator to cease and desist all unapproved mining and reclamation activities on <br /> affected land, as defined in the Act, at the Schwartzwalder Mine, including but not <br /> limited to, mining and reclamation activities approved by other Federal/State/Local <br /> government agencies but not yet approved by the Division. Cotter is to conduct no <br /> such further mining and reclamation activities at the Schwartzwalder Mine without <br /> prior consultation with and written approval from the Division. <br /> 3. Cotter agrees to a civil penalty of$4,000 (four days of violation at <br /> $1,000 per day, counted from the day the operator commenced unpermitted <br /> reclamation activities at the Schwartzwalder Mine through the date the operator <br /> ceased such activities). As of the date that the operator ceased such reclamation <br /> activities, the operator was no longer in violation of the Act with respect to TR-20. <br /> Upon payment in full of the civil penalty this violation will be deemed fully resolved. <br /> 4. This violation agreement shall not be used to provide a waiver of any <br /> positions with respect to any other proceeding or matter. <br /> 1 <br /> ATTACHMENT A <br />