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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-018 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF COTTER CORPORATION'S POSSIBLE VIOLATIONS, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES, File No. M- <br />1977-300 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on July <br />12, 2010 in Denver, Colorado for a hearing to consider a possible violation, Cease and Desist <br />Order, corrective actions and civil penalties for failing to: 1) handle acid-forming or toxic- <br />forming material in a manner that will protect the drainage system from pollution; 2) <br />minimize disturbances to prevailing hydrologic balance of the affected land and of the <br />surrounding area and to the quality of water in the surface and ground water systems after <br />mining operation and during reclamation; and 3) protect areas outside of the affected area <br />from slides or damage occurring during the mining operation and reclamation. The file <br />number is M-1977-300. Charlotte L. Neitzel Esq., Robert Tuchman Esq., Susan Wyman, <br />John Hamrick, and Randy Whicker, appeared on behalf of Cotter Corporation (the <br />"Operator"). First Assistant Attorney General Cheryl Linden, Assistant Attorney General <br />Peter Hack, David Bird, Tony Waldron, Tom Mumford, and James McCarthy appeared on <br />behalf of the Division of Reclamation, Mining and Safety (the "Division"). <br />On July 30, 2010, the Parties commented on a draft of this Order. Along with <br />comments, the Operator also provided a twenty-four page Attachment 1 titled "Rebuttal to <br />the Division of Reclamation, Mining and Safety Testimony Before the Mined Land <br />Reclamation Board and Technical Comments on Draft Findings of Fact, Conclusions of Law, <br />and Order Regarding the Schwartzwalder Mine." The Board did not consider Attachment 1 <br />in reaching its decision articulated in this Order. <br />The Board, having considered the parties' presentations, testimony, and written <br />materials, and having been otherwise fully informed of the facts in the matter, enters the <br />following: <br />FINDINGS OF FACT <br />1. The Operator has a reclamation permit for a Section 112(d)-2 designated <br />mining operation, permit number M-1977-300. The site's total permit area is 57 acres. The <br />site, known as the Schwartzwalder Mine, is located in Section 25, Township 2 South, Range <br />Cotter Corp. <br />Schwartzwalder Mine <br />M-1977-300 <br />MW-2010-018