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<br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (3031 866-3567 <br />FAX: (303) 832-8106 <br />REC,E~tr~D <br />June 27, 2007 ~~ <br />v <br />To: David Bird /Kate Pickford <br />From: ' G. Russell Means's <br />V`~~ <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- St- <br />SAFETY <br />Bill Owens <br />JUL 0 3 ZUU7 Governor <br />Division of Reclamation, Russell George <br />Executive Director <br />/ Mining and Safety <br />~ ~/ Ronald W. Cottony <br />Memo Division DIfeCYOr <br />Natural Resource Trustee <br />~~ <br />/'~1-1977-306 ~ .i/J~ g <br />Subject: Review of Cotter purr pus elemental data for Uranium Designated Mining Operation Appeals. <br />David and Kate: <br />Please find enclosed Cotter Corporation's timely submitted additional information to supplement the <br />data provided to the Division in regards to geo-chemical analysis and hydrology of their four permitted <br />sites in Montrose County. Per the Board's signed Stipulated Motion all parties have set dates to <br />accomplish review, submissions of response and final motions prior to the October 2007 Board Hearing. <br />A copy of the motion is also enclosed for your reference. <br />Of importance to Division staff is the August 29`h, 2007 issuance of our final formal review of the new <br />data and its relationship to our original findings. Just as a refresher the SM-18 was determined not to be <br />a DMO, while the JD-6, JD-8 and JD-9 were. <br />The SM-18 historical data, site inspection and modeling showed that leachable constituents from waste <br />rock could not migrate through rock strata to the nearest aquifer within 1000 years and dilution would <br />further reduce concentrations to negligible amounts prior to aquifer interception. Surface impacts are <br />controlled by stormwater management which includes on site run-on and run-off diversions into <br />sedimentation catchments and retention ponds. Therefore, no reasonable data supported an impact to the <br />surrounding environment and DMO status appears not to be warranted. An environmental coalition has <br />appealed this finding. <br />The JD-6 and 8 models and reports did not have enough empirical data to support that any potential <br />migration of leachable constituents would not adversely affect human health, property or the <br />environment. Of specific issue was the lack of data concerning depth to water for groundwater aquifer <br />levels and overall quality. Here too, stoLmwater management practices have mitigated off site surface <br />impacts. Without the data on groundwater depth and quality, staff could not definitively say that there <br />was no impact to health, property or the environment and ruled that DMO status was justified. Cotter <br />has appealed this finding. <br />Office of <br />Mined Land Reclamation <br />t~ffice of <br />Active and Inactive Mines <br />