2010-10-28_ENFORCEMENT - M1977300

• Permit No: M1977300
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 10/28/2010
• Doc Name: DRMS Response to Cotter Answer to 9/16/10 Notice
• From: DRMS
• To: HRO
• Email Name: DB2
• Media Type: D
• Archive: No

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BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
THE DIVISION OF RECLAMATION MINING AND SAFETY'S RESPONSE TO
COTTER CORPORATION'S ANSWER TO THE DIVISION'S SEPTEMBER 16,
2010 NOTICE OF REASON TO BELIEVE A VIOLATION EXISTS
CONCERNING COTTER'S FAILURE TO COMPLY WITH THE BOARD'S
AUGUST 11, 2010 ORDER IN CONJUNCTION WITH COTTER'S PERMIT NO.
M-1977-300 REGARDING THE SCHWARTZWALDER MINE
The Division of Reclamation, Mining and Safety ("Division" or "DRMS")
hereby responds as follows to Cotter Corporation's ("Cotter") Answer to the
Division's September 16, 2010, Notice of Reason to Believe a Violation Exists
regarding Cotter's failure to comply with the Mined Land Reclamation Board's
("Board") August 11, 2010 Order regarding Permit No. M-1977-300 for Cotter's
Schwartzwalder Mine.
PREFACE
After the Board considered numerous documents and pleadings, including
Cotter's denied April 2010 Environmental Protection Plan and five pleadings filed by
the parties„ and after holding a lengthy hearing on July 12, 2010 in which the Division
and Cotter made extensive presentations, the Board issued its written order in this
matter on August 11, 2010. The Board found Cotter committed three violations and
ordered Cotter to comply with certain corrective actions.
To date, Cotter has initiated some of the corrective actions (although Cotter
has yet to achieve compliance with stream standards), but has failed to comply with
the important and necessary corrective actions to draw down the mine pool and treat it
and to submit an appropriate financial warranty to cover this action. Cotter has also
failed to pay any of the civil penalties the Board imposed, even the $2,500 not
suspended by the Board.
On September 16, 2010, the Division issued the subject Notice of Reason to
Believe a Violation Exists based on Cotter's failure to comply with the Board's
August 11, 2010 Order. In its Answer to the Division's Notice, Cotter fails to provide
any legitimate reason to excuse its non-compliance with the Board's Order. Cotter
merely stages that it has filed a complaint in judicial review concerning the Board's
Order and sets forth the actions it has taken or will take at its mine site, none of which
includes compliance with the mine pool corrective actions.
In its Answer, Cotter requests that the Division withdraw its September 16,
2010 Notice of Reason to Believe a Violation Exists. The Division will not withdraw