Laserfiche WebLink
DISTRICT COURT, CITY AND COUNTY OF DENVER, <br />EFILED Document <br />CO Denver County District Court 2nd .. <br />Filing Date: Sep 30 2011 3:09PM MDT <br />Filing ID: 40128381 <br />Review Clerk: Linda L Gibbs <br />COURT USE ONLY 4 <br />COLORADO <br />City & County Building <br />1437 Bannock Street <br />Denver, Colorado 80202 <br />COTTER CORPORATION (N.S.L.), a New Mexico <br />Corporation <br />Plaintiff <br />v. <br />MINED LAND RECLAMATION BOARD OF THE <br />COLORADO DEPARTMENT OF NATURAL <br />RESOURCES; and DIVISION OF RECLAMATION, <br />MINING AND SAFETY OF THE COLORADO <br />DEPARTMENT OF NATURAL RESOURCES, <br />Defendants. <br />Case Number: 201007609 <br />Courtroom: 209 <br />ORDER <br />wo^ <br />0 <br />This matter is before the Court on the complaint of Cotter Corporation ( "Cotter ") for judicial <br />review of the determination of the Mined Land Reclamation Board ("Board") finding Cotter in violation <br />of the Colorado Mined Land Reclamation Act, Article, 32 of Title 34, C.R.S. ( "Act "). Cotter challenges <br />those portions of the Order requiring Cotter to dewater and treat the Schwartzwalder Mine pool located in <br />Jefferson County, Colorado and the Board's imposition of civil penalties. <br />Upon motion of the Board and Division of Reclamation, Mining and Safety ( "Division "), this <br />Court dismissed three of Cotter's four claims for relief pursued in the Complaint. The only remaining <br />claim is one for judicial review under the Administrative Procedure Act. <br />This case presented the Board with extensive documentary and testimonial evidence and differing <br />opinions about Cotter's alleged violations and the remedies necessary to address those violations. The <br />record is exhaustive regarding the mine pool, the levels of uranium concentration in the mine pool and the <br />Ai- /9)J -300 <br />3 D ,s,./. Zo l <br />1 <br />