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4. On September 11, 2012, the Operator and the Division entered into a Joint <br />Stipulation. The Joint Stipulation is included with this Order as Attachment A. The <br />July 5, 2012 inspection report is attached to the Joint Stipulation. <br />5. In the Joint Stipulation Cotter admits a violation of the Mined Land <br />Reclamation Act, Article 32 of Title 34, C.R.S. ( "Act") and Rule 1.9 of the Mineral <br />Rules and Regulations of the Board for Hard Rock, Metal, and Designated Mining <br />Operations by proceeding with work proposed in TR -20 prior to the approval of TR- <br />20 by the Division. In the Joint Stipulation, Cotter admits it was aware that it did <br />not have the Division's approval of the activities outlined in TR -20, but nevertheless <br />allowed its contractor to proceed with the unapproved activities in order to avoid <br />violation of its Colorado Department of Public Health and Environment discharge <br />permit. <br />6. In the Joint Stipulation, Cotter agrees to the issuance of a cease and <br />desist order and agrees to pay a civil penalty of $4,000 (four (4) days of violation at <br />$1,000 per day. <br />Cotter Corporation <br />Schwartzwalder Mine <br />M -1977 -300 <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to the Act. <br />8. Section 34 -32 -109, C.R.S. requires operators to have a reclamation <br />permit prior to engaging in new mining operations. The Operator engaged in <br />activities described in TR -20 before the Division approved TR -20, in violation of <br />section 34 -32 -109, C.R.S. <br />9. Under Rule 1.9, technical revisions filed with the Division are <br />considered approved unless denied within thirty days. As of June 28, 2012 the <br />Division had not denied TR -20 and thirty days from the filing date had not lapsed. <br />The Operator's engaging in activities proposed under TR -20 before TR -20 was <br />approved violated Rule 1.9. <br />10. Section 34 -32- 124(7), C.R.S. provides for a civil penalty of not less <br />than $100 per day nor more than $1,000 per day for each clay during which a <br />violation occurs. The Board may impose civil penalties against the Operator for <br />four (4) days for violation (from the day the Operator commenced unpermitted <br />reclamation activities at the Schwartzwalder Mine through the date the operator <br />ceased such activities). <br />11. Pursuant to section 34- 32- 124(2), C.R.S., the Board may issue a cease <br />and desist order if it determines that any provision of the Act was violated. The <br />Operator violated section 34 -32 -109, C.R.S. (2011). <br />2 <br />