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11. The Division inspected the site again on May 18, 2010. The Division states in <br />its May 18, 2010 inspection report that "[c]oncentrations of uranium in Ralston Creek are <br />now consistently exceeding receiving stream standards. Two mine related events appear to <br />have directly led to significantly increased levels in the receiving stream." The events are <br />"the cessation of water treatment (both from the mine and Sump No. 1) and the cessation of <br />water recirculation from Sump No. 1." The Division then states "[t]he underground mine <br />pool might also be a contributing factor." <br />12. The Division sent the Operator the May 2010 Inspection Report and Reason to <br />Believe letter, in which the Division advised the Operator that its failure to minimize the <br />disturbance to the prevailing hydrologic balance was a potential violation of the Mined Land <br />Reclamation Act ("Act"). As part of the first corrective action, the Division directed the <br />Operator to reinitiate a water treatment system to treat all water that reports to Sump No. 1. <br />The Operator acted quickly to implement the first corrective action. <br />13. On July 1, 2010, the Operator installed a 50-gallons per minute water <br />treatment system. The new water treatment system has been operational since July 2, 2010. <br />It is currently removing 99% of the uranium from the collected groundwater. The Operator <br />plans to install a 100-gallons per minute system by July 31, 2010. <br />14. In the May 2010 Inspection Report, the Division also directed the Operator to <br />"[r]einitiate mine dewatering and water discharge treatment sufficient to bring the mine <br />water table to a level at least 500 feet below the Steve Level, and sufficient to reestablish a <br />hydraulic gradient away from Ralston Creek. Implementation must occur as soon as possible <br />but no later than July 31, 2010." The Operator does not agree that this corrective action is <br />necessary. <br />15. The mine was dewatered when active. After mining ceased, the mine was <br />allowed to fill with water. The water filling the mine is the "mine pool." The mine started <br />filling with water beginning in 2000 when mining ceased. The mine pool eventually reached <br />a level at least twenty-five feet above the level of Ralston Creek. The mine pool is currently <br />twenty-four feet below the Steve Level adit. The Operator sealed the Steve Level adit in <br />2008 - which was the primary access portal for the underground mine. <br />16. The mine pool contains an estimated 144 million gallons of water. <br />17. Among other things, the mine pool has elevated levels of uranium and <br />molybdenum and other dissolved solids. On December 10, 2009, the uranium concentration <br />was 35.4 mg/L, which is more than 1,000 times above the new state drinking water quality <br />standard of .03 mg/L. <br />18. The Operator and the Division dispute exactly how much dissolved uranium is <br />in the mine pool. The Operator contends that the uranium concentrations vary throughout <br />the mine pool depths. However, there is no dispute regarding the mine pool's current <br />measured uranium concentration. <br />Cotter Corp. <br />Schwartzwalder Mine 3 <br />M-1977-300 <br />MV-2010-018