My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2010-06-29_GENERAL DOCUMENTS - M1977300
DRMS
>
Day Forward
>
General Documents
>
Minerals
>
M1977300
>
2010-06-29_GENERAL DOCUMENTS - M1977300
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/24/2016 4:14:10 PM
Creation date
8/18/2010 7:38:29 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977300
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
6/29/2010
Doc Name
Answer and the Request for Hearing.
From
Holme Roberts & Owen LLP
To
CDPHE-WQCD
Permit Index Doc Type
Gen. Correspondence
Email Name
DB2
Media Type
D
Archive
No
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
8
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
23. Cotter denies the allegations in paragraph 23. <br />Affirmative Defense <br />The WQCD has failed to state a claim upon which relief can be granted. <br />Second Affirmative Defense <br />The alleged violations, including that the placement of waste rock on the Pad has resulted in the <br />discharge of uranium and other mine related pollutants to the alluvial water and Ralston Creek, <br />are barred by the applicable statute of limitations. <br />Third Affirmative Defense <br />The alleged violations are barred by laches. <br />Other Defenses <br />This answer is being filed based on Cotter's current knowledge of facts after reasonable inquiry. <br />Cotter reserves the right to amend this answer to assert any additional defenses, based on new <br />information or subsequent investigations. <br />Corrective Action <br />Cotter responds to the "Required Corrective Action" section of the Cease and Desist Order as <br />follows. Cotter has already begun monthly water quality sampling, and will report the results of <br />monthly monitoring to the WQCD within seven (7) days of receipt of the results, consistent with <br />paragraph 26. Cotter submitted a detailed written plan and expedited time schedule for the <br />implementation of interim measures, consistent with paragraph 27, on June 26, 2010. The <br />interim measures include temporary active removal of uranium from all water reporting to Sump <br />Number One and discharge of the treated water to Ralston Creek at a temporary nearby <br />discharge location, as set forth in detail in the submission. Cotter is in the process of obtaining <br />permits and undertaking the steps to reinitiate a water system to treat all water that reports to <br />Sump Number One by July 31, 2010, consistent with paragraph 28.a. Cotter objects to <br />paragraph 28.b (and paragraph 28.c to the extent it relates to paragraph 28.b) for the reasons set <br />forth in the Rationale for Not Conducting Mine Dewatering and Mine Water Treatment at the <br />Schwartzwalder Mine, by Susan A. Wyman, P.E., P.G., of Whetstone Associates, submitted to <br />the WQCD on June 25, 2010, and incorporated herein by reference. By August 31, 2010, Cotter <br />will submit a detailed written description and time schedule outlining Cotter's plans for long <br />term management of sources consistent with paragraph 29. <br />WHEREFORE, Cotter respectfully requests that no violations be found. <br />4 <br />#1478735 v2 den
The URL can be used to link to this page
Your browser does not support the video tag.