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On September 24, 2010, Cotter appealed the August 2010 Order and requested that the <br />order to conduct Corrective Action No. 2, with its associated financial warranty, and the civil <br />penalties be held unlawful and set aside by the Court. Cotter Corp. v. Mined Land Reclamation <br />Bd., Case No. 2010CV7609, District Court, City and County of Denver. <br />The hearing related to the September 2010 Notice took place on November 17 -18, 2010 <br />( "Hearing "). After the Hearing, on December 8, 2010, the Board issued its order in this case <br />( "December 2010 Order "). AR:0165 -72. The December 2010 Order found Cotter "in violation <br />of § 34 -32 -124, C.R.S., for failure to comply with the conditions of an order, permit or <br />regulation; and of Rule 3.3.2, operating with a permit or exploring with a notice of intent, failure <br />to comply." AR:0170. It also "issue[d] a cease and desist order," "reactivate[d] the suspended <br />portion of the civil penalty previously assessed and [made] due the total civil penalty of <br />$55,000," further "assesse[d] a civil penalty for 78 days of violation at $500 per day for a civil <br />penalty of $39,000," and stated the "civil penalties must be submitted within 60 days of <br />November 18, 2010." Id. <br />Cotter here appeals the December 2010 Order and requests that the order be held <br />unlawful and set aside by this Court. Cotter also requests that the Court restrain further <br />enforcement of the December 2010 Order. <br />2 Pursuant to an Order Granting Unopposed Motion to Allow Deposit of Funds with <br />Registry of Court, Cotter has deposited $94,000 into the Registry of the Court (Order Granting <br />Unopposed Motion to Allow Deposit of Funds with Registry of Court, issued Feb. 7, 2011). <br />3 The case number assigned to the instant case was 2011CV170 before the consolidation. <br />2 <br />