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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-018 <br />PETITION OF COTTER CORPORATION (N.S.L.) FOR RECONSIDERATION OF <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF COTTER CORPORATION'S POSSIBLE VIOLATIONS, CEASE AND <br />DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL PENALTIES, File No. M-1977-300 <br />Pursuant to 2 CCR 407-1, Rule 2.9, Cotter Corporation (N.S.L.) ("Cotter") hereby <br />requests that the Mined Land Reclamation Board (`Board") reconsider its decision issued <br />August 11, 2010 in the matter of Cotter Corporation's possible violations, cease and desist order, <br />corrective actions, and civil penalties ("Order"). <br />Cotter recognizes the goal of the Board's August 11, 2010. Order to achieve compliance <br />with applicable stream standards in Ralston Creek. Cotter agrees with this goal, but strongly <br />disagrees that dewatering the mine to 500 feet below the Steve Level and treatment of mine pool <br />water will contribute to achieving that goal. It also strongly disagrees that the mine pool <br />provides a basis for finding any violation of the Mined Land Reclamation Act ("Act") and <br />assessing penalties against Cotter. Cotter presents below an explanation of the grounds <br />justifying reconsideration. It requests the opportunity to present oral argument on this petition <br />pursuant to 2 CCR 407-1, Rule 2.9.3. <br />1. The Order That Cotter Violated the Act Should Be Reconsidered Insofar as It Is <br />Based on Findings of Fact or Conclusions of Law Involving the Mine Pool. <br />This Board should reconsider the Order insofar as such Order is based on findings of fact <br />or conclusions of law involving the mine pool. In finding that the mine pool supports a violation