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10-1977-.30 o id S ?f z??v <br />0 <br />BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />THE DIVISION OF RECLAMATION MINING AND SAFETY'S RESPONSE TO <br />COTTER CORPORATION'S PETITION FOR RECONSIDERATION OF FACT, <br />CONCLUSIONS OF LAW AND ORDER CONCE TTER'S PERMIT <br />NO. M-1977-300 REGARDING THE SCHWARTZWALDER MINE <br />The Division of Reclamation, Mining and Safety ("Division" or "DRMS") <br />hereby responds as follows to Cotter Corporation's ("Cotter") Petition for <br />Reconsideration of Findings of Fact, Conclusions of Law and Order regarding Cotter <br />Corporation's Permit No. M-1977-300 for its Schwartzwalder Mine. <br />PREFACE <br />On July 12, 2010, the Mined Land Reclamation Board ("Board") held a <br />hearing that lasted over six hours on violations the Division alleged concerning <br />Cotter's Schwartzwalder Mine. After considering the parties' presentations, <br />testimony and written materials, the Board found that Cotter had committed the <br />alleged violations and issued its written order on August 11, 2010. The Board <br />ordered Cotter to: <br />(1) Reinitiate water treatment for water that reports to Sump Number One by August <br />31,2010; <br />(2) Reinitiate mine dewatering and treatment of the mine pool sufficient to bring the <br />mine water table to a level at least 500 feet below the Steve Level, and sufficient to <br />reestablish a hydraulic gradient away from .Ralston Creep, by August 31, 2010; <br />(3) Provide a financial warranty pursuant to Rule 4.2.1(4) sufficient to assure the <br />protection of water resources, including costs to cover necessary water quality <br />protection, treatment and monitoring; <br />(4) Submit a permit amendment to address the environmental protection plan and <br />associated financial warranty; <br />(5) Pay civil penalties for 55 days of violation at $1,000 per day for a total of $55.000 <br />with all but $2,500 suspended if Cotter complies with the Board's order; the <br />unsuspended part of the civil penalties is to be submitted within 30 days of the <br />Board's order or September 11. <br /> <br />To date, Cotter has not fully complied with the Board's Order. Specifically. <br />Cotter has complied with numbers one and four above but has not complied with