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basis denies it. Due to the vagueness of the allegation that the mine "opened" in about 1953, <br />Cotter is without knowledge or information sufficient to form a belief as to the truth of this <br />allegation in paragraph 3, and on that basis denies it. Cotter admits that it acquired the mine in <br />1966. <br />4. Cotter admits that it operated the mine from 1966 until May 2000, when mining ceased. <br />Cotter admits that, in 2000 pumps that dewatered the mine were shut off and the mine was <br />allowed to flood. Cotter admits that uranium has leached from the rock in the mine and is <br />contained with the solution that forms the mine pool. Due to the vagueness of the words "other <br />metals," Cotter is without knowledge or information sufficient to form a belief as to the truth of <br />that allegation, and on that basis denies it. <br />5. Cotter admits that, prior to construction of mine facilities, waste rock from the mine was <br />placed in the alluvium of Ralston Creek in order to create a pad for mine-related buildings (the <br />"Pad"). The allegation that rock is "fill material" is a legal conclusion and no response is <br />required at this time. Cotter is without knowledge or information sufficient to form a belief <br />about whether Cotter conducted all such placement, and on that basis denies the allegation. It <br />admits that four sump pumps were placed in the Pad and the alluvium of Ralston Creek and that <br />Ralston Creek was routed around the Pad. Cotter admits that mine-related structures were then <br />constructed on the Pad. <br />6. Cotter admits that it constructed a water treatment plant ("WTP") on site to treat water <br />pumped from the mine and water from the sumps and drains in the Pad and alluvium. <br />7. Cotter admits that it obtained Colorado Discharge Permit System Permit #CO-0001244 <br />(the "Permit") in order to operate the mine in compliance with state and federal law. Cotter <br />admits that the current version of the Permit authorizes Cotter to discharge certain levels and/or <br />amounts of uranium and other mine-related pollutants from the WTP to Ralston Creek via outfall <br />001, defined in the Permit as the discharge pipe leading from the treated water retention pond to <br />Ralston Creek. <br />8. Cotter admits that, in June of 2002, Cotter ceased pumping water from the sumps to the <br />WTP, and the WTP was shut down. <br />9. Cotter admits that, in 2002, shortly after sump pumping to the WTP ceased, the levels of <br />uranium increased in Ralston Creek downstream of the mine and mine buildings and structures. <br />Due to the vagueness of the allegation that other "mine related pollutants" increased, Cotter is <br />without knowledge or information sufficient to form a belief as to the truth of this allegation, and <br />on that basis denies it. <br />10. Cotter admits that, from 2002 to April 2008, the sump pump in Sump Number One was <br />operated, which caused recirculation in the vicinity of Sump Number One. Due to the vagueness <br />of the allegation regarding "an upgradient sump," Cotter is without knowledge or information <br />sufficient to form a belief as to the truth of the allegation and on that basis denies it. <br />11. Cotter admits that, in 2008 after Cotter ceased Sump Number One pumping, the levels of <br />uranium increased in Ralston Creek downstream of the mine and mine buildings and structures. <br />Due to the vagueness of the allegation regarding "other mine-related pollutants" and the <br />2 <br />#1478735 Q den