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CONCLUSIONS OF LAW <br />34. The Board has jurisdiction over this matter pursuant to §§ 34-32-104 through <br />107, and 124 of the Colorado Mined Land Reclamation Act, §§ 34-32-101 through 125, <br />C.R.S. (2009) (the "Act"). <br />35. The Board must work "to conserve natural resources, to aid in the protection <br />of wildlife and aquatic resources ... and to protect and promote the health, safety, and <br />general welfare of the people of this state." § 34-32-102(1), C.R.S. In doing so, the <br />economic costs of reclamation measures implemented will "bear a reasonable relationship to <br />the economic benefits derived from such measures." § 34-32-102(2), C.R.S. When <br />considering reclamation measures the Board must "evaluate the benefits expected to result <br />from the use of such measures." § 34-32-102(2), C.R.S. The Board also considers the <br />economic reasonableness of the recommended action. § 34-32-102(2), C.R.S. <br />36. The Board considered the potential expense of dewatering the mine against the <br />threat to human health and safety posed from contaminated water migrating to Ralston Creek <br />and Reservoir. The benefits expected to result from dewatering the mine outweigh the <br />Operator's potential costs of carrying out the corrective action. <br />37. "Affected land" is the land disturbed by a mining operation including "land <br />excavations ... drill sites or workings; refuse banks or spoil piles; evaporation or settling <br />ponds; leaching dumps ... tailings ponds or dumps; [and] work, parking, storage, or waste <br />discharge areas ...." § 34-32-103(1.5), C.R.S. <br />38. Pursuant to § 34-32-116(7)(g), C.R.S., the Operator is responsible for <br />minimizing disturbances to the prevailing hydrologic balance of the affected land and of the <br />surrounding area and to the quality and quantity of water in surface and ground water <br />systems, both during and after the mining operation and during reclamation. Also, Rule <br />3.1.6(1)(b) of the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <br />Board for Hard Rock, Metal and Designated Mining Operations ("Hard Rock Rules") <br />requires that disturbances under § 34-32-116(7)(g), C.R.S., be minimized by complying with <br />applicable federal and Colorado water quality laws and site-specific classifications. <br />39. Here, the Operator did not minimize disturbances to the prevailing hydrologic <br />balance in Ralston Creek and the mine pool. The site's alluvial fill is in direct hydraulic <br />communication with Ralston Creek. Water flows through the contaminated alluvial fill and <br />washes out the uranium and other metals into Ralston Creek. Also, the contaminated mine <br />pool water has contributed uranium to Ralston Creek. These disturbances were minimized <br />when the site's water treatment systems were operational. However, as a result of these <br />systems being turned off in 2002 and 2008, the concentrations of uranium and other heavy <br />metals in Ralston Creek greatly increased. The Operator did not minimize disturbances to <br />the prevailing hydrologic balance of the affected land and of the surrounding area. The <br />Operator greatly disturbed the quality of water in the surface and ground water systems. <br />40. The mine pool uranium concentration of 35.4 mg/L is a serious adverse impact <br />to the prevailing hydrologic balance (background concentrations 0.0019 mg/L; MW-11, <br />Cotter. Corp. <br />Schwaruwalder Mine <br />M-1977-300 <br />W-2010-018