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124 (2010). The Board has delegated certain investigatory and prosecutorial power to the <br />Division. See C.R.S. § 34 -32 -124 (2010); 2 C.C.R. 407 -1, Rules 3.2 and 3.3. <br />July Hearing and August Order. On July 12, 2010, the Board found Cotter in violation <br />of three provisions of the Act. R:0045' (finding violations of C.R.S. § 34- 32- 116(7)(g), for <br />failure to minimize disturbances to the hydrologic balance, C.R.S. § 34- 32- 116(7)(c), for failure <br />to handle toxic - forming material so as to protect the drainage system from pollution, C.R.S. <br />§ 34- 32- 116(7)(h), for failure to protect areas outside of the affected land from slides or damage <br />occurring during the mining operation and reclamation) . 2 The Board issued a final order <br />( "August Order "), which required a suite of corrective actions to remedy the violations. <br />This case involves the August Order's Corrective Actions 2 and 3. Corrective Action 2 <br />required that Cotter "Reinitiate mine dewatering and water discharge treatment sufficient to <br />bring the mine water table to a level at least 500 feet below the Steve Level , and sufficient to <br />reestablish a hydrologic gradient away from Ralston Creek. Implementation must occur as soon <br />as possible, but no later than August 31, 2010." R:0045. Corrective Action 3 required that <br />Cotter "Provide financial warranty pursuant to Hard Rock Rule 4.2.1(4), sufficient to assure the <br />protection of water resources, including costs to cover necessary water quality protection, <br />treatment and monitoring." R:0045. The Board also required that Cotter pay $55,000 in civil <br />penalties for 55 days of violations, by September 11, 2010. R:0045. <br />Citations to the record herein refer to the record produced in Case No. 2011 CV 170 and are indicated by <br />"R: [page number(s)]." <br />2 The parties to this case have extensively briefed the issues related to the Board's findings at the July 12, <br />2010 hearing. Those issues will not be discussed here. <br />3 As referenced herein, the "Steve Level" is the main surface level mine entrance adit. <br />4 <br />