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failure, Operator could not provide the Division with an accurate estimate of the <br /> mine pool elevation. <br /> 5. On August 4, 2023, the Division sent the Operator the July 26, 2023, <br /> inspection report and a Reason to Believe a Violation Exists letter. The Division's <br /> letter provided notice regarding the alleged violations and information about the <br /> September 20, 2023, hearing. <br /> 6. Also on August 4, 2023, Operator notified the Division that the water <br /> treatment plant was back online. <br /> 7. On August 23, 2023, Operator submitted a memo to the Division <br /> detailing the events that led to the shutdown of the water treatment plant and the <br /> repairs made to make the plant functional again. <br /> 8. On August 31, 2023, Operator submitted a memo regarding the mine <br /> pool elevation that demonstrated compliance with the regulatory limit. The memo <br /> estimated that the mine pool level was 184.43 feet below the Steve Level Adit as of <br /> August 29, 2023. <br /> 9. At the September 20, 2023 hearing, the Division provided testimony <br /> regarding the status of the mine, the importance of the water treatment facility to <br /> preventing the release of radiological materials, and the regulatory basis for <br /> requiring notice if the water treatment facility fails. The water treatment facility is <br /> an Environmental Protection Facility and was offline for twenty days before the <br /> Division learned of the failure. <br /> 10. Operator also presented testimony at the September 20, 2023, hearing. <br /> Mr. Harrington testified that the water treatment plan began operating on June 9, <br /> 2023 for the season and was shut down in July due to a tank overflow in the system. <br /> Operator then worked with the federal Environmental Protection Agency to approve <br /> a bypass of that tank and continue injecting wastewater from the treatment facility <br /> into the mine. When the treatment plant resumed operating, a PVC pipe broke and <br /> had to be repaired. Operator had not reported prior shutdowns of the water <br /> treatment facility to the Division unless there was an issue with the mine pool level <br /> were increasing past the regulatory level. Operator stated that the environment is <br /> protected by keeping the water level below or at the regulatory level and that the <br /> water treatment that occurred prior to the plant going offline would have created 80 <br /> days of storage in the mine pool before the water level reached the regulatory limit. <br /> 11. Mr. Harrinton also testified that Operator will provide notice to the <br /> Division in the future of water treatment plant shut downs out of an abundance of <br /> caution and that the Division had been added to internal protocols on who should be <br /> contacted if the facility shuts down in the future. <br /> Colorado Legacy Land, LLC <br /> Schwartzwalder Mine/M-1977-300 <br /> MV-2023-013 2 <br />