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C. No Substantial Evidence Exists That the Mine Pool Supports a Violation <br />of Colo. Rev. Stat. § 34- 32- 116(7)(h) 25 <br />D. The Board Lacks Statutory Authority to Order Mine Dewatering and <br />Treatment Under These Circumstances 28 <br />IV. THE ORDER WAS ARBITRARY AND CAPRICIOUS IN IGNORING <br />COTTER'S ARGUMENT THAT MINE DEWATERING AND TREATMENT <br />DID NOT QUALIFY AS A TECHNICAL REVISION 29 <br />V. THE BOARD'S DECISION - MAKING PROCESS WAS UNLAWFUL AND <br />VIOLATED COTTER'S RIGHTS TO DUE PROCESS AND COTTER'S <br />RIGHTS UNDER THE COLORADO APA 31 <br />VI. THE CIVIL PENALTIES ORDERED BY THE BOARD ARE IN EXCESS OF <br />STATUTORY JURISDICTION AND AUTHORITY, AND UNSUPPORTED <br />BY SUBSTANTIAL EVIDENCE 32 <br />A. The Board Made No Finding That Cotter Violated Its Permit 33 <br />B. Colo. Rev. Stat. § 34 -32- 124(7) Is Clear and Unambiguous That the Board <br />May Assess Civil Penalties Only for Permit Violations; Accordingly, This <br />Court May Not Defer to the Board's Contrary and Inconsistent <br />Interpretation of That Statute 35 <br />C. The Statutory Penalties Ordered by the Board Are Not Supported by <br />Substantial Evidence 40 <br />VII. THE CORRECTIVE ACTIONS ORDERED BY THE BOARD ARE IN <br />EXCESS OF STATUTORY JURISDICTION AND AUTHORITY 40 <br />VIII. CONCLUSION 43 <br />ii <br />