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October 2009). EPP at Table 11-7, p.l 1-16. Again, the site's contaminated alluvial fill and <br />mine pool water have increased the levels of uranium and other metals in groundwater and <br />surface water (Ralston Creek and Reservoir). Therefore, the Operator is in violation of § 34- <br />32-116(7)(g), C.R.S., for failing to protect the prevailing hydrologic balance on the affected <br />land and of the surrounding area and to the quality of water in surface and groundwater <br />systems during the mining operation. <br />41. "Acid or toxic producing materials" are natural or reworked earth materials <br />having acid or toxic chemical and physical characteristics. § 34-32-103(1), C.R.S. <br />42. A "designated mining operation" is defined as a mining operation at which <br />"[t]oxic or acidic chemicals used in extractive metallurgical processing are present, or acid- <br />or toxic-forming materials will be exposed or disturbed as a result of mining operations or <br />uranium is developed or extracted, either by in situ leach mining or by conventional <br />underground or open mining techniques." § 34-32-103(3.5)(a), C.R.S. <br />43. Pursuant to § 34-32-116(7)(c), C.R.S., the Operator must handle acid-forming <br />or toxic-forming material in a manner that will protect the drainage system from pollution. <br />Here, the Operator does not dispute that it is a designated mining operation. Also, the <br />Operator does not dispute that uranium and other metals contaminated Ralston Creek as a <br />result of the Operator's mining operations. The Operator placed mine waste rock containing <br />uranium in the alluvial fill. The uranium in Ralston Creek resulted from the Operator's <br />failure to protect the drainage system from uranium. Also, the underground mine workings <br />contain uranium and other metals in the wall rocks which have leached into the mine pool. <br />As the mine pool attains hydrostatic equilibrium, it poses a serious threat to downgradient <br />water resources. The site's drainage system is negatively impacted by the Operator's failure <br />to handle the toxic-forming material (uranium) in a protective manner. Therefore, the <br />Operator is in violation of § 34-32-116(7)(c), C.R.S. <br />44. Pursuant to § 34-32-116(7)(h), C.R.S., an Operator must protect areas outside <br />of the affected area from slides or damage occurring during the mining operation and <br />reclamation. Damage is not limited to damage from slides. Damage includes greatly <br />increasing the levels of uranium and other metals in Ralston Creek and Reservoir. <br />45. Here, the Operator contaminated the alluvial fill and the mine pool water with <br />uranium and other metals. The contaminated alluvial fill and mine pool water significantly <br />increased the uranium levels in Ralston Creek. Ralston Creek's significantly increased <br />uranium concentrations are outside of the site's affected area. Therefore, the Operator failed <br />to protect areas outside of the affected area from damage during the mining operation and <br />reclamation, and is in violation of § 34-32-116(7)(h), C.R.S. <br />46. Pursuant to § 34-32-124(7), C.R.S., the Board may impose a civil penalty of <br />not less than $100 per day nor more than $1,000 per day for each day during which the <br />violation occurs. Here, the Board may impose a penalty based on 55 days of violation (from <br />the May 18 inspection date to the July 12, 2010 hearing date) at $100 to $1,000 per day for a <br />civil penalty range of $5,500 to $55,000. <br />Cotter Corp. <br />Schwartzwalder Mine <br />M-1977-300 <br />MV-2010-018