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NATURE OF ACTION <br />1. This is an action for judicial review of the Board's Findings of Fact, Conclusions <br />of Law, and Order, issued December 8, 2010 ("December 2010 Order"), as part of In The Matter <br />of Cotter Corporation's Possible Violation, Cease and Desist Order, Corrective Actions, and <br />Civil Penalties For Failure to Comply with the Conditions of an Order, Permit, or Regulation, <br />File No. M-1977-300, Notice of Violation No. MV-2010-030. Pursuant to C.R.S. § 24-4-106, <br />Cotter seeks an order holding unlawful and setting aside the December 2010 Order in its entirety <br />and reversing the Board's decision to impose monetary penalties and to order Cotter to cease and <br />desist. Pursuant to C.R.S. § 24-4-106, Cotter also seeks an order restraining the enforcement of <br />the December 2010 Order and enjoining the collection of monetary penalties and other <br />enforcement actions by Defendants relating to the December 2010 Order pending resolution of <br />this proceeding. Further, Cotter seeks a determination of its rights pursuant to the Uniform <br />Declaratory Judgments Law, C.R.S. §§ 13-51-101 to -115, and C.R.C.P. 57. <br />JURISDICTION <br />2. This Court has jurisdiction over the subject matter of this action pursuant to <br />C.R.S. § 24-4-106(4), granting jurisdiction to the District Courts to hear proceedings under the <br />Colorado Administrative Procedures Act; and C.R.C.P. 57(a), granting jurisdiction to the District <br />Courts to hear proceedings under C.R.C.P. 57. <br />3. Venue is proper in the District Court of the City & County of Denver, Colorado, <br />pursuant to C.R.C.P. 98(b)(2) and C.R.S. § 24-4-106(4), because relief is sought in part against <br />public state agencies located in this District engaged in performance of their official duties. <br />4. To the extent Cotter is making facial constitutional challenges to the regulations <br />or statutes at issue, Cotter is serving a copy of this Complaint on the Attorney General of the <br />State of Colorado pursuant to C.R.S. § 13-51-115 and C.R.C.P. 570). <br />PARTIES <br />5. Cotter is a New Mexico corporation with its principal place of business at 7800 E. <br />Dorado Place, Suite 210, Englewood, Colorado 80111. Cotter holds Permit No. M-1977-300 <br />("Permit") governing reclamation activities at the Schwartzwalder Mine ("Mine") located in <br />Jefferson County, Colorado. <br />6. The Board was established by the Colorado General Assembly through C.R.S. <br />§ 34-32-105. The Board's duties include, but are not limited to, the development and <br />promulgation of standards for mined land reclamation plans related to mining activities in <br />Colorado pursuant to the Colorado Mined Land Reclamation Act. The Board's offices are <br />located at 1313 Sherman Street, Room 215, Denver, Colorado 80203. <br />2