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Based on the Board's findings of fact and conclusions of law, the Board, among other <br />thin s, ordered Cotter to: <br />(1) Reinitiate a water treatment system to treat all water reporting to Sump No. 1 by <br />no later than August 31, 2010; <br />(2) Reinitiate mine dewatering and water discharge treatment sufficient to bring the <br />mine water table (mine pool) to a level of at least 500 feet below the Steve level and <br />sufficient to reestablish a hydraulic gradient away from Ralston Creek, by no later <br />than August 31, 2010; <br />(3) Provide financial warranty, pursuant to Hard Rock Rule 4.2.1(4) sufficient to <br />assure the protection of water resources, including costs to cover necessary water <br />quality protection, treatment and monitoring; <br />(4) Submit a permit amendment application by no later than August 1, 2010 to <br />address unresolved details concerning Cotter's environmental protection plan; <br />(5) Pay a civil penalty for 55 days of violation at $1,000 per day for a total civil <br />penalty of $55,000 with all but $2,500 suspended if Cotter complies with the Board's <br />Order. The civil penalty shall be due 30 days from the date of the Board's Order, or <br />September 13, 2010. <br />Cotter filed a Petition for Reconsideration of the Board's Order on August 31, <br />2010, specifically concerning the corrective actions related to the mine pool. The <br />Board denied Cotter's Petition at its September 15, 2010 meeting and issued its <br />written order of denial on September 24, 2010. <br />On September 16, 2010, the Division issued a Notice of a Reason to Believe a <br />Violation Exists based on Cotter's non-compliance with the Board's August 11, 2010 <br />Order concerning the mine pool corrective actions. Specifically, the Division asserts <br />that Cotter has violated the Board's Order by failing to comply with the corrective <br />actions to dewater and treat the mine pool, to submit a financial warranty for such <br />action and to pay civil penalties in violation of § 34-32-124, C.R.S and Rule 3.3.2 of <br />the Minerals Rules and Regulation of the Colorado Mined Land Reclamation Board <br />for Hard Rock, Metal and Designated Mining Operations. <br />Although Cotter has been capturing and treating water that reports to Sump <br />No. 1 and did file a permit amendment application by August 1, Cotter to date has <br />failed to comply with the Board's Order that Cotter reinitiate mine dewatering and <br />treatment (including filing a technical revision), submit an appropriate financial <br />warranty to cover such action and to pay the civil penalties imposed by the Board. <br />4