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ORDER <br /> Based on the foregoing, the Board APPROVES the Joint Stipulation. In <br /> conformance therewith, the Board orders as follows: <br /> The Board finds that the Operator is in violation of the Act, pursuant to <br /> sections 34-32-124 and -109, C.R.S. and Rule 1.9 for proceeding with work proposed <br /> in TR-20 prior to the Division's approval of TR-20. <br /> The Board orders the Operator to CEASE AND DESIST all unapproved <br /> mining and reclamation activities on affected land, as defined in the Act, at.the <br /> Schwartzwalder Mine, including but not limited to, mining and reclamation <br /> activities approved by other federal/state/local government agencies but not yet <br /> approved by the Division. Cotter is to conduct no such further mining and <br /> reclamation activities at the Schwartzwalder Mine without prior consultation with <br /> and written approval from the Division. <br /> The Board imposes a CIVIL PENALTY for four (4) days of violation pursuant <br /> to section 34-32-124(7), C.R.S. at $1,000 per day for a total civil penalty of$4,000. <br /> DONE AND ORDERED this / clay of 5c1 f ember— 2012. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> Ron Peterson, Chair <br /> NOTICE OF APPEAL RIGHTS <br /> This order becomes effective and final upon mailing. Any party adversely affected <br /> or aggrieved by agency action may commence an action for judicial review by filing <br /> a notice of appeal with the district court within thirty (30) days after the effective <br /> date of this order, pursuant to section 24-4-106, C.R.S. (2011). In the event that an <br /> appeal is filed, designations of record made in accordance with section 24-4-106(6), <br /> C.R.S. should be served on the Board at: 1313 Sherman Street, Room 215, Denver, <br /> CO 80203, Attention: Sitira Pope. <br /> Cotter Corporation <br /> Schwartzwalder Mine <br /> M-1977-300 3 <br />