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1. Did the Board properly find Cotter in violation of the Mined Land <br />Reclamation Act and impose appropriate corrective actions to address those <br />violations? <br />2. Did the Board have statutory authority to issue the Order? <br />3. Did Cotter <br />ISSUES ON APPEAL <br />reserve and prove its allegation that the Board violated <br />its due process and procedural rights by hearing from a Division staff member <br />briefly during the Board's deliberation? <br />STATEMENT OF THE CASE <br />I. Parties <br />A. Mined Land Reclamation Board <br />The Mined Land Reclamation Board ( "Board ") is a seven member citizen <br />board within the Department of Natural Resources. § 34 -32 -105, C.R.S. (2010). <br />The Board is responsible <br />standards to be employe <br />much as practicable the <br />resources or other measu <br />for enforcing the Colorado Mined Land Reclamation <br />Act, Article 32 of Title 34, C.R.S. ( "Act "). The Act sets forth performance <br />during and after a mining operation to minimize as <br />isruption from mining operations and to provide for <br />the establishment of plant cover, stabilization of soil, the protection of water <br />es appropriate to the subsequent beneficial use of land <br />affected by the mining operation. § 34- 32- 103(13), C.R.S. (2010). <br />2 <br />