2010-07-12_ENFORCEMENT - M1977300

• Permit No: M1977300
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 7/12/2010
• Doc Name: Notice of a Reason to Believe a Violation Exists
• From: DEnver Water
• To: AGO
• Email Name: DB2
• Media Type: D
• Archive: No

DENVRI VVATEt
1600 West 12th Avenue • Denver, Colorado 80204-3412
Phone [phone] • Fax No. 303-628-6194 • denverwater.org
RECTIVED
Attn: Cheryl Linden, Esq. JUL 12 2010
Office of the Attorney General
Natural Resources Section Division - r.?iec1t11c3tIGt1,
1525 Sherman Street, 7th Floor Mining and SafetY
Denver, CO 80203
Re: Schwartzwalder Mine: DRMS Permit No. M-1977-300; Notice of a Reason to
Believe a Violation Exists at the Schwartzwalder Mine
Dear Ms. Linden,
In advance of the July 12, 2010 enforcement hearing regarding DRMS's Notice of a
Reason to Believe a Violation Exists at the Schwartzwalder Mine, Denver Water is writing to
submit comments concerning Cotter Corporation's ("Cotter") prehearing submittals provided to
the Office of the Attorney General on June 25, 2010 and July 1, 2010.
The information submitted by Cotter includes water quality data and technical geologic
and hydrologic information but no information about the mass of contaminants to be managed,
data on groundwater radium 228 concentrations, or on the success or track record of proposed
reclamation methods. Denver Water has not had sufficient time to conduct a thorough analysis
of the information submitted by Cotter and believe our customers would want us to do so.
However, in the interest of ensuring that the Mined Land Reclamation Board ("MLRB") is fully
informed about the effects of the Schwartzwalder Mine on Denver Water's Ralston Reservoir,
and drinking water supply system, Denver Water is submitting the following comments
concerning Cotter's prehearing submittals.
First, it is very important that the appropriate water quality standards be established for
final treatment since the water quality standards will affect Cotter's choice of remedial solution.
Cotter is proposing to only treat for uranium. Denver Water believes that the MLRB should
require that Cotter adopt a reclamation plan that also requires treatment of all radionuclides of
interest to drinking water utilities, which besides uranium includes Gross Alpha, Gross Beta,
Radium 226 and Radium 228. Further, the MLRB should not accept a remediation or
reclamation plan that is not protective of the water supply and applicable water quality standards.
The goal for discharges associated with remediation and reclamation should be to reduce water
quality equivalent to the upgradient background concentrations in Ralston Creek. Anything else
is a degradation of water quality and increases the cost of water utility operations.
Cotter asserts that installation of a pump at 500 feet below the Steve Level involves
significant technical challenges. Denver Water and other water utilities face similar challenges in
their day-to-day operations and are capable of managing these challenges at a reasonable cost.
With proper engineering, Cotter should be able to find a cost effective equipment installation
technique.
CONSERVE