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statutory violations found by the Board relating to the mine pool. In addition, the Order does not <br />comply with the legal requirements and limitations on the Board's ability to order Corrective <br />Action No. 2. Unfortunately, the Order failed to separate the alluvial fill issues from the mine <br />pool issues adequately and thus this distinction must be kept in mind at all times during this <br />brief. <br />Third, the Order directed Cotter to: <br />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 />AR:00853. Cotter has complied with this directive with regard to Corrective Action No. 1. <br />Because it is appealing Corrective Action No. 2, Cotter has not provided financial warranty for <br />Corrective Action No. 2. The validity of the financial warranty directive for Corrective Action <br />No. 2 depends entirely on the validity of Corrective Action No. 2. <br />Fourth, the Order directed Cotter to "[s]ubmit a permit amendment to address the EPP <br />[Environmental Protection Plan] and associated financial warranty." AR:00853. Cotter also <br />complied with this directive, submitted the permit amendment, and does not appeal this aspect of <br />the Order. <br />Finally, the Order assessed civil penalties, which Cotter appeals and discusses in more <br />detail below. AR:00853. <br />STATEMENT OF FACTS <br />Mine and Reclamation Background <br />The Mine is an underground uranium mine located in Jefferson County near Golden, <br />Colorado, owned by Cotter. AR:00031; see AR:00497 for a Mine location map. The Board <br />4