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NATURE OF ACTION <br />1. This is an action for judicial review of the Board's Findings of Fact, Conclusions <br />of Law, and Order ("Final Order"), issued August 11, 2010, as part of In The Matter of Cotter <br />Corporation's Possible Violations, Cease and Desist Order, Corrective Actions, and Civil <br />Penalties, File No. M-1977-300, Notice of Violation No. MV-2010-018. Pursuant to C.R.S. § <br />24-4-106 and C.R.C.P 106(a)(4), Cotter seeks reversal of the Board's decision to impose <br />monetary penalties and require certain corrective actions and financial warranties be taken with <br />regard to Permit No. M-1977-300 ("Permit") governing reclamation activities at the <br />Schwartzwalder Mine ("Mine") located in Jefferson County, Colorado. Cotter also seeks an <br />order enjoining the collection of monetary penalties and other enforcement actions by <br />Defendants relating to the Final Order pending resolution of this proceeding and a determination <br />of Cotter's rights pursuant to the Uniform Declaratory Judgments Law, C.R.S. §§ 13-51-101 to - <br />115, and C.R.C.P. 57. <br />JURISDICTION <br />2. This Court has jurisdiction over the subject matter of this action pursuant to <br />C.R.C.P. 106(a), granting exclusive jurisdiction to the District Courts of Colorado to hear <br />proceedings under C.R.C.P. 106; C.R.C.P. 57(a), granting jurisdiction to the District Courts to <br />hear proceedings under C.R.C.P. 57; and C.R.S. § 24-4-106(4), granting jurisdiction to the <br />District Courts to hear proceedings under the Colorado Administrative Procedures Act. <br />3. Venue is proper in the District Court of the City & County of Denver, Colorado, <br />pursuant to C.R.C.P. 98(b)(2) and C.R.S. § 24-4-106(4), because relief is sought in part against <br />public state agencies located in this District and engaged in performance of their official duties. <br />PARTIES <br />4. Cotter is a New Mexico corporation with its principal place of business at 7800 E. <br />Dorado Place, Suite 210, Englewood, Colorado 80111. Cotter holds the Permit. <br />5. The Board was established by the Colorado General Assembly through C.R.S. § <br />34-32-105. The Board's duties include, but are not limited to, the development and <br />promulgation of standards for mined land reclamation plans related to mining activities in <br />Colorado pursuant to the Colorado Mined Land Reclamation Act. The Board's offices are <br />located at 1313 Sherman Street, Room 215, Denver, Colorado 80203. <br />6. The Division was established by the Colorado General Assembly through C.R.S. <br />§ 34-20-103(1). The Division's duties include, but are not limited to, the administration of the <br />Colorado Mined Land Reclamation Act, per C.R.S. § 34-20-103(3). <br />2