2010-09-16_ENFORCEMENT - M1977300

• Permit No: M1977300
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 9/16/2010
• Doc Name: RTB Letter
• From: DRMS
• To: Cotter Corporation
• Email Name: DB2
• Email Name: AJW
• Email Name: DAB
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
16 September 2010
11-1
COLORADO
D I V I S 10 N O F
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Mr. Randy Whicker
Mike King
Health Physicist / RSO Executive Director
Cotter Corporation
Loretta E. Pineda
P.O. BOX 1750 Director
Canon City, CO 81215
f ?
RE: Schwartzwalder Mine; DRMS Permit No. M-1977-300; Notice of a Reason to Believe a
Violation Exists at the Schwartzwalder Mine
Dear Mr. Whicker:
On 11 August 2010, the Mined Land Reclamation Board (Board) issued a Finding of Fact, Conclusion
of Law, and Order (Board Order), a copy of which is attached, for the Enforcement Hearing conducted
on 12 July 2010. The Board Order contained four Corrective Actions, numbers 2 and 3 of which were
to be implemented by 31 August 2010. To this date, Cotter Corporation has failed to comply with
Corrective Actions Number 2 and 3 of the Board Order. Additionally, the Board ordered Cotter to pay a
fine of $55,000 with all but $2,500 suspended if Cotter complied with the Corrective Actions. To this
date, Cotter has not paid the fine due.
The Operator has failed to comply with a Board Order. The Division of Reclamation, Mining, and
Safety believes that this is a violation of:
• § 34-32-124 C.R.S. for Failure to comply with the conditions of an order, permit, or
regulation.
In addition, the Division believes that it is a violation of the Minerals Rules and Regulations of the
Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated Mining Operations for:
• Failure to comply with Rule 3.3.2 - Operating with a permit or exploring with a notice of
intent - failure to comply.
Therefore, we have reason to believe that a violation exists to DRMS File Number M-1977-300 and to
the Law, and have scheduled this matter to appear before the Mined Land Reclamation Board.
An Enforcement Hearing will be held during the 17-18 November 2010 Board Meeting for
consideration of a possible violation. The hearing will be held in Room 318 of 1313 Sherman Street,
Denver, Colorado, beginning at 9:00 a.m. on 17 November 2010 or as soon thereafter as the matter can
be considered. At that hearing you will have the opportunity to be represented and heard. It will be
reiterated that there is reason to believe that you are in violation of the provisions noted above.
Office of Office of
Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines