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INTRODUCTION <br />On August 11, 2010, the Mined Land Reclamation Board ( "Board ") issued an Order <br />( "August 2010 Order ") in which the Board found that Cotter Corporation (N.S.L.) ( "Cotter ") had <br />violated three provisions of the Mined Land Reclamation Act, Colo. Rev. Stat. §§ 34 -32 -101 to <br />-127 ( "Act "), in connection with the Schwartzwalder Mine ( "Mine ") in Jefferson County, <br />Colorado. See Administrative Record ( "AR "):0036 -47. The August 2010 Order, inter alia, <br />directed Cotter to "[r]einitiate mine dewatering and water discharge treatment sufficient to bring <br />the mine water table to a level at least 500 feet below the Steve Level, and sufficient to re- <br />establish a hydraulic gradient away from Ralston Creek," and stated that such "[i]mplementation <br />must occur as soon as possible, but no later than August 31, 2010" (collectively, "Corrective <br />Action No. 2). AR:0045. The August 2010 Order also directed Cotter to provide financial <br />warranty for Corrective Action No. 2 and imposed civil penalties in the total amount of $55,000. <br />Id. <br />On September 16, 2010, the Division of Reclamation, Mining and Safety of the Colorado <br />Department of Natural Resources ( "Division ") sent Cotter a new' Notice of Reason to Believe a <br />Violation Exists at the Mine ( "September 2010 Notice "). The September 2010 Notice indicated <br />that, due to Cotter's failure to comply with Corrective Action No. 2 and its failure to pay the <br />ordered statutory penalty, the Division was commencing a new enforcement proceeding against <br />Cotter, and that a hearing would be held before the Board during its November 17 -18, 2010 <br />meeting. <br />1 The Division had sent an earlier Notice of Reason to Believe a Violation Exists at the <br />Mine preceding the August 2010 Order. <br />1 <br />