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The JD-9 modeling and reports were noted as having the same general shortcoming as the JD-6 and 8. <br />However, the JD-9 is unique in that it has a mine water discharge and treatment plant for radium. A <br />treatment and discharge permit has been issued by CDPHE. While efforts appear to have been made to <br />address the groundwater issues none appears to have been done to discuss the treatment plant or its <br />hazardous waste precipitate. Regazdless of the water data supplied, the production of precipitate through <br />barium chloride treatment meets the definition of a DMO for the storage or use on-site of toxic or acid <br />forming materials and as such should be a DMO. Cotter has appealed this finding. <br />As the matter now appears to be headed towards a final disposition I need the new data submitted from <br />Cotter to be reviewed to see if there is any sufficient new data to overturn our original findings. The <br />Board will make the final decision on all four but it is imperative that we know where we stand on the <br />issue going into the hearings. If I could please have written reviews back from both of you by July 31 s`, <br />2007 or sooner I would be most grateful. I can then put together a Final Review for submittal to all <br />parties by the August 29`h date, My plan is to receive your reviews and compile a draft Final by August <br />15`h or sooner. Then submit the draft to you, David Berry and Carl Mount for review and the final <br />product ready for print no later than August 24`h. <br />It maybe necessary to have a conference call to discuss your findings after you have had a chance to <br />review the new information. I would like to give you both ample time to read the submitted information <br />first along with the reports and modeling before we do that. I will contact you around the 12`h of July <br />and see when would be the best time for all of us to meet by phone which hopefully will be the week of <br />July 16`h~20"'. In the mean time please feel free to call me at any time for clarifications and discussion. <br />Thank you in advance for your time and expertise as I know you are extremely busy. The final <br />disposition of this matter will probably have an immediate impact on how we view current and future <br />uranium permits. Thus it is very important to all of us on the front line and our permit holders as well. <br />Russ Means <br />Environmental Protection Specialist <br />Cc: David Berry, Division Supervisor, Denver Main Office <br />Cc: Carl Mount, EPS Senior, North Team Supervisor <br />Cc: Tony Waldron, EPS Senior, South Team Supervisor <br />