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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-030 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF COTTER CORPORATION'S POSSIBLE VIOLATION, CEASE <br />AND DESIST ORDER, CORRECTIVE ACTIONS AND CIVIL PENALTIES FOR <br />FAILURE TO COMPLY WITH THE CONDITIONS OF AN ORDER, PERMIT, OR <br />REGULATION, File No. M-1977-300 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />November 17 and 18, 2010 in Denver, Colorado, to consider Cotter Corporation's possible <br />violation, Cease and Desist Order, corrective actions and civil penalties for failing to comply <br />with the conditions of an order, permit, or regulation. The file and permit number is 1977- <br />300. David Bird, Tony Waldron, and First Assistant Attorney General Cheryl Linden <br />appeared on behalf of the Division of Reclamation, Mining, and Safety ("Division"). John <br />Hamrick and attorneys Linnea Brown, Charlotte Neitzel, and Robert Tuchman appeared on <br />behalf of Cotter Corporation (N.S.L.) ("Cotter" or "Operator"). <br />The Board, having considered the parties' pleadings, presentations, and testimony and <br />having been fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. Cotter has a reclamation permit for a Section 112(d)-2 designated mining <br />operation, permit number M-1977-300. The site, known as the Schwartzwalder Mine, is <br />located in Section 25, Township 2 South, Range 71 West, 6th Principal Meridian, in Jefferson <br />County, Colorado. <br />2. On July 12, 2010, the parties participated in an enforcement hearing before the <br />Board. On August 11, 2010 the Board issued its Findings of Fact, Conclusions of Law, and <br />Order in this matter; notice of violation number MV-2010-018 ("August 11, 2010 Order"). <br />The Board found the Operator in violation of § 34-32-116(7)(g), C.R.S., for failure to <br />minimize disturbances to the hydrologic balance, § 34-32-116(7)(c), C.R.S., for failure to <br />handle toxic-forming material so as to protect the drainage system from pollution, and § 34- <br />32-116(7)(h), C.R.S., for failure to protect areas outside of the affected land from slides or <br />damage occurring during the mining operation and reclamation. <br />Cotter Corp. <br />Schwartzwalder Mine <br />M-1977-300 <br />MV-2010-030