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?`? 19 77- ?oz? <br />Holme Roberts & Owen mp <br />Attorneys at Lam <br />DENVER <br />December 2, 2010 <br /> <br />BOULDER Via Email. iillian.allisonOstate.co.us and Hand Delivery <br />Ms. Jillian Allison ? <br />COLORADO SPRINGS Colorado Department of Law <br />1525 Sherman Street, 7 Floor <br />Denver, CO 80203 <br />DUBLIN Re: Notice of Violation No. MV-2010-030 <br />Comments of Cotter Corporation (N.S.L.) on Draft Order from the November <br />17-18, 2010 Enforcement Hearing <br />LONDON Dear Ms. Allison: <br />Cotter Corporation (N.S.L.) ("Cotter") presents the following comments on the draft <br />order from the November 17-18, 2010 enforcement hearing ("Hearing") relating to <br />LOS ANGELES Cotter and the Schwartzwalder Mine. Cotter reserves the right to request <br />reconsideration by the Mined Land Reclamation Board ("Board") and to appeal any <br />and all aspects of the form or substance of the final order, whether or not Cotter has <br />commented on any particular aspect in this letter. The September 16, 2010 "Notice of <br />MUNICH a Reason to Believe a Violation Exists at the Schwartzwalder Mine" ("September 16, <br />2010 Notice") issued by the Division of Reclamation, Mining, and Safety ("DBMS") <br />guarantees such reservation of rights by stating that "[t]his process [of commenting <br />on the draft order] does not affect your right to request reconsideration by the Board <br />PHOENIX or appeal the form or substance of the order." Moreover, Cotter makes no legal or <br />factual admissions by submission of these comments. <br />As an overall comment, the order as drafted is arbitrary and capricious, contrary to <br />SALT LAKE CITY law, and without substantial support in the record. It also exceeds the Board's <br />statutory authority and violates Cotter's constitutional due process rights. In addition, <br />the draft order states that "the Board finds the Operator in violation of § 24-32-124, <br />(sic) C.R.S., for failure to comply with the conditions of an order, permit, or <br />SAN FRANCISCO regulation; and of Rule 3.3.2, operating with a permit or exploring with a notice of <br />Charlotte L. Nebel 303.866.0487 charlotte.neitzel@hro.com <br />1700 Lincoln Street, Suite 4100 Denver, Colorado 80203-4541 tel 303.861.7000 fax 303.866.0200