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4. On September 11, 2012, the Operator and the Division entered into a Joint <br /> Stipulation. The Joint Stipulation is included with this Order as Attachment A. The <br /> July 5, 2012 inspection report is attached to the Joint Stipulation. <br /> 5. In the Joint Stipulation Cotter admits a violation of the Mined Land <br /> Reclamation Act, Article 32 of Title 34, C.R.S. ("Act") and Rule 1.9 of the Mineral <br /> Rules and Regulations of the Board for Hard Rock, Metal, and Designated Mining <br /> Operations by proceeding with work proposed in TR-20 prior to the approval of TR- <br /> 20 by the Division. In the Joint Stipulation, Cotter admits it was aware that it did <br /> not have the Division's approval of the activities outlined in TR-20, but nevertheless <br /> allowed its contractor to proceed with the unapproved activities in order to avoid <br /> violation of its Colorado Department of Public Health and Environment discharge <br /> permit. <br /> 6. In the Joint Stipulation, Cotter agrees to the issuance of a cease and <br /> desist order and agrees to pay a civil penalty of$4,000 (four (4) days of violation at <br /> $1,000 per day. <br /> CONCLUSIONS OF LAW <br /> 7. The Board has jurisdiction over this matter pursuant to the Act. <br /> 8. Section 34-32-109, C.R.S. requires operators to have a reclamation <br /> permit prior to engaging in new mining operations. The Operator engaged in <br /> activities described in TR-20 before the Division approved TR-20, in violation of <br /> section 34-32-109, C.R.S. <br /> 9. Under Rule 1.9, technical revisions filed with the Division are <br /> considered approved unless denied within thirty days. As of June 28, 2012 the <br /> Division had not denied TR-20 and thirty days from the filing date had not lapsed. <br /> The Operator's engaging in activities proposed under TR-20 before TR-20 was <br /> approved violated Rule 1.9. <br /> 10. Section 34-32-124(7), C.R.S.provides for a civil penalty of not less <br /> than $100 per day nor more than $1,000 per day for each day during which a <br /> violation occurs. The Board may impose civil penalties against the Operator for <br /> four (4) days for violation (from the day the Operator commenced unpermitted <br /> reclamation activities at the Schwartzwalder Mine through the date the operator <br /> ceased such activities). <br /> 11. Pursuant to section 34-32-124(2), C.R.S., the Board may issue a cease <br /> and desist order if it determines that any provision of the Act was violated. The <br /> Operator violated section 34-32-109, C.R.S. (2011). <br /> Cotter Corporation <br /> Schwartzw alder Mine <br /> M-1977-300 2 <br />