2011-02-09_ENFORCEMENT - M1977300

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corrective action proposed to be required." Colo. Rev. Stat. § 34-32-124(2)(a). Conversely, subsection 34-32-124(2)(a) does not grant authority to order a corrective action if there is no causal nexus between the corrective action and the statutory violation. Here, the mine pool provides no basis to find a violation of the three statutes identified on page 9 of the Order. AR: 00853. Accordingly, the Board is without statutory authority to order a remedy - Mine Dewatering and Treatment - directed at the mine pool. The Board's Order requiring Mine Dewatering and Treatment is therefore arbitrary, capricious, an abuse of discretion, in excess of statutory authority, and unsupported by substantial evidence, and should be set aside. IV. The Order Was Arbitrary and Capricious in Ignoring Cotter's Argument That Mine Dewaterine and Treatment Did Not Qualify as a Technical Revision. Cotter consistently objected that the Division's demand for Cotter to submit a TR to conduct Mine Dewatering and Treatment was contrary to the Division's own rules. See AR:00256; 00912:24-00913:10. The Hard Rock Rules define a "Technical Revision" as a "change in the permit or an application, which does not have more than a minor effect upon the approved or proposed Reclamation or Environmental Protection Plan." 2 Colo. Code Regs. § 407-1, Rule 1.1(52). A corrective action of this magnitude does not meet the "minor effect" requirement for a Technical Revision. Mine Dewatering and Treatment clearly would have more than a minor effect, for the reasons outlined in detail in this brief. The TR process is not designed for complicated changes to reclamation plans. The Division acts on TRs within 30 days after an application is filed. 2 Colo. Code Regs. § 407- 1, Rule 1.9.1. In contrast, an amendment to a permit is defined to include a change in a permit which has a significant effect upon a Reclamation or an Environmental Protection Plan. 2 Colo. 35