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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF COTTER CORPORATION, N.S.L., SCHWARTZWALDER <br />MINE, PERMIT No. M -1977 -300 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />September 12, 2012 in Denver, Colorado to consider a Joint Stipulation between <br />Cotter Corporation, N.S.L. ( "Operator ") and the Division of Reclamation, Mining, <br />and Safety ( "Division "), file number M- 1977 -300. First Assistant Attorney General <br />Jeff Fugate appeared on behalf of the Division. Charlotte L. Neitzel, Esq. appeared <br />on behalf of the Operator. <br />The Board, having considered the materials presented and statements of the <br />parties, and having been otherwise fully informed of the facts in the matter, hereby <br />enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a reclamation permit for a Section 112(d) -2 <br />designated mining operation, permit number M -1977 -300. The site, known as the <br />Schwartzwalder Mine, is located in Section 25, Township 2 South, Range 71 West, <br />6th Principal Meridian, in Jefferson County, Colorado. <br />2. On June 22, 2012, the Operator filed Technical Revision 20 ( "TR -20 ") <br />to permit number M -1977 -300. In TR -20, the Operator proposed to install a grout <br />curtain at the Schwarzwalder Mine. <br />3. On June 28, 2012, the Division inspected the Schwartzwalder Mine. <br />The inspection was prompted by a telephone call from the Operator to the Division <br />in which the Operator notified that the Division that the Operator was drilling <br />holes at the Schwarzwalder Mine for the grout curtain proposed in TR -20. John <br />Hamrick, representing the Operator, was present for the inspection. The Division <br />observed a work crew with drilling and pressure grouting equipment at the site. <br />Mr. Hamrick described the work completed so far to include (a) sealing an old core <br />hold with grout, (b) drilling seven new vertical holes, (c) beginning to pressure grout <br />the new holes, and (d) that grouting pressure was 1 psi per foot of hole depth. The <br />work being performed appeared to the Division to be as proposed in TR -20. The <br />Division issued an inspection report dated July 5, 2012. <br />