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Colorado Radioactive Materials License Number Colo. 369-06 <br />Pave 2 of 3 <br />The Division will.not grant the Cotter Corporation's request to transfer decommissioning and <br />reclamation liabilities for areas or facilities that were previously radiologicaliy impacted as a result of <br />activities performed under Colorado radioactive materials license number 369-03. The time fraane <br />allotted to issue a license that would facilitate compliance with the Department's Order Number:I0- <br />100601-1 has not proved to be sufficient to allow fora full and thorough review and analysis of the <br />portions of Colorado radioactive materials license number 369-03 that would need to be carried forward <br />in order to terminate that license. Therefore, Colorado radioactive materials license number 369-03 will <br />remain expired and all license requirements, commitments, and Department approved activities will <br />continue in accord witli Section 3.16 of the State of Colorado Rules and Regulations Pertaining to <br />Rat ation Control (the Regulations). <br />In regard to termination of Colorado radioactive materials license number 369-03, the Division shares, <br />with the Cotter Corporation, the desire to complete decommissioning and reclarnation of the <br />SCllWartMalder n•?ine site and terminate the license as soon as possible. The Division is committed to <br />collaborating with the Cotter Corporation to expedite this process and encourages an aggressive <br />schedule for these activities. <br />The currently approved decommissioning plan ("Decommissioning Plan for Termination of Radioactive <br />Materials License CO-3 69-035, Sclnvartzwalder Mine, Golden, Colorado' dated December 18, 2009) <br />detailed a schedule for decommissioning activities to begin on June 1, 2010 and commence by July 31, <br />2010 with a deliverable decommissioning report to be delivered to the Department by October 1, 2010. <br />Additionally, time decommissioning plan detailed that all decommissioning waste will be disposed in the <br />Minnesota level underground dump site as approved by the Colorado Department of Reclamation, <br />Mining and Safety (DRMS). Lastly, the decommissioning plan included decommissioning of the water <br />treatment facility strictures. As a result of recent events these portions of the decommmissioning plan <br />will or may not likely remain valid. Therefore, the next action required to move toward the <br />decommissioning of the Schwartzwalder mine site and termination of license number 369-03 is for the <br />Cotter Corporation to submit a revised decommissioning plan which details the following: <br />1. a new schedule for the commencement and completion of decommissioning activities, including <br />the submittal of a final decommissioning report to the Division; <br />2. the portions of the areas or facilities that were previously radiologically impacted as a result of <br />activities performed under Colorado radioactive materials license number 369-03 that will be <br />decommissioned under that plan, i.e. removing the portions of the water treatment facility that <br />will be operating under the newly issued license number 369-06 from the plan; and <br />3. providing updated details and current stattts of approval for the disposal of the waste materials <br />generated as a result of the decommissioning activities. <br />Lastly, in regard to the financial assurance requirements of Section 3.9 of the regulations for the new <br />license number 369-06, the Division has determined that the Cotter Corporation's evaluation of the <br />funds required for time decommissioning activities associated with 369-03 and future decommissioning <br />activities associated with activities performmed under license 369-06 are valid and acceptable. Tlmereforc, <br />time current financial assurance instrument that has been provided to the Department (Travelers Casualty <br />and Surety Company of America, Bond 64S 10401914.iBCM 1 in the anmount of 5594,104.00} is <br />sufficient to satisfy the financial assurance requirements for both licenses 369-03 and 369-06 and no <br />additional financial assurance instruments will be required to be submitted to the Department at this <br />time.