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penalty suspended if Cotter complied with the August 11, 2010 Order within the Order's <br />deadlines. Cotter had 30 days from August 11, 2010 to submit the civil penalty. <br />9. On September 10, 2010 Cotter informed the Board by letter that "Cotter <br />respectfully declines to remit the penalty under the [August 11, 2010] MLRB Order." Cotter <br />has not paid any portion of the $55,000 civil penalty assessed by the Board in its August 11, <br />2010 Order. <br />10. On September 16, 2010 the Division sent Cotter a Notice of a Reason to <br />Believe a Violation Exists at the Schwartzwalder Mine ("Notice of Reason to Believe"). The <br />Notice of Reason to Believe states: <br />The Operator has failed to comply with a Board Order. The [Division] <br />believes that this is a violation of. <br />§ 34-32-124 C.R.S. for Failure to comply with the conditions of <br />an order, permit, or regulation. <br />In addition, the Division believes that it is a violation of the Minerals Rules <br />and Regulations of the Colorado Mined Land Reclamation Board for Hard <br />Rock, Metal and Designated Mining Operations for: <br />• Failure to comply with Rule 3.3.2 - Operation with a permit or <br />exploring with a notice of intent - failure to comply. <br />Therefore, we have reason to believe that a violation exists to DRMS File <br />Number M-1977-300 and to the Law, and have scheduled this matter to <br />appear before the Mined Land Reclamation Board. (emphasis original). <br />11. The Notice of Reason to Believe also provided Cotter with information <br />regarding the November 17-18 Board hearing. <br />CONCLUSIONS OF LAW <br />12. The Board has jurisdiction over this matter pursuant to § § 34-32-102 through <br />107 and 124 of the Colorado Mined Land Reclamation Act, §§ 34-32-101 through 127, <br />C.R.S. (2010) ("Act"). <br />13. Pursuant to § 34-32-124(1), C.R.S., a violation may be found if an Operator <br />fails to comply with a Board order that resulted from a violation of the Act. Cotter admits <br />and the Board holds that Cotter did not perform corrective action numbers two and three <br />described in the Board's August 11, 2010 Order. Cotter did not comply with the Board's <br />August 11, 2010 Order. Therefore, Cotter is in violation of the Act. <br />Cotter Corp. <br />Schwartzwalder Mine <br />M-1977-300 <br />MV-2010-030