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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-018 <br />ORDER <br />IN THE MATTER OF COTTER CORPORATION'S PETITION FOR <br />RECONSIDERATION OF FINDINGS OF FACT, CONCLUSIONS OF LAW, AND <br />ORDER FOR MV-2010-018, File No. M-1977-300 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />September 15, 2010 in Denver, Colorado, to consider Cotter Corporation's Petition for <br />Reconsideration of Findings of Fact, Conclusions of Law, and Order for MV-2010-018, file <br />number M-1977-300. <br />The Board, having considered the parties' written pleadings and having been <br />otherwise fully informed of the facts in the matter, enters the following: <br />1. Cotter Corporation ("Operator") has a reclamation permit for a Section 112(d)- <br />2 designated mining operation, permit number M-1977-300. The site, known as the <br />Schwartzwalder Mine, is located in Section 25, Township 2 South, Range 71 West, 6cn <br />Principal Meridian, in Jefferson County, Colorado. <br />2. On July 12, 2010, the Board held an enforcement hearing to consider possible <br />violations, Cease and Desist Order, corrective actions, and civil penalties against the <br />Operator. The Operator and the Division of Reclamation, Mining and Safety ("Division") <br />participated in the hearing. <br />3. On August 11, 2010, the Board issued its Findings of Fact, Conclusions of <br />Law and Order in this matter. The Board found the Operator in violation of § 34-32- <br />116(7)(g), C.R.S., for failure to minimize disturbances to the hydrologic balance, § 34-32- <br />116(7)(c), C.R.S., for failure to handle toxic-forming material so as to protect the drainage <br />system from pollution, and § 34-32-116(7)(h), C.R.S., for failure to protect areas outside of <br />the affected land from slides or damage occurring during the mining operation and <br />reclamation. <br />4. Among other things, the Board ordered the Operator to "reinitiate mine <br />dewatering and water discharge treatment sufficient to bring the mine water table to a level at <br />least 500 feet below the Steve Level, and sufficient to reestablish a hydraulic gradient away <br />from Ralston Creek ...." p. 9, August 11, 2010 Board Order. <br />Cotter Corp. <br />Schwartzwalder Mine <br />M-1977-300 <br />MV-2010-018