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2010-07-02_ENFORCEMENT - M1977300 (2)
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2010-07-02_ENFORCEMENT - M1977300 (2)
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Last modified
8/24/2016 4:14:40 PM
Creation date
8/18/2010 7:38:31 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977300
IBM Index Class Name
ENFORCEMENT
Doc Date
7/2/2010
Doc Name
Response to Cotter Corporation's June 21, 2010 Submittal.
From
DRMS
To
Cotter
Email Name
DB2
Media Type
D
Archive
No
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statewide standards adopted by the Water Quality Control Commission. As described <br />in detail above, Cotter recognizes that the alluvium and fill are impacting water <br />quality in Ralston Creek. Thus, a violation of Rule 3.1.6 is amply supported by <br />Cotter's own documentation and admissions. <br />V. Other Issues <br />After further review, the Division has determined that the conditions at the <br />mine site related to the citation of § 34-32-116(7)(i) and Rule 3.1.7 in the RTB are <br />sufficiently addressed by the other statutory violations cited in the RTB. <br />Accordingly, the Division hereby withdraws the violations alleged in the RTB under <br />§ 34-32-116(7)(i) and Rule 3.1.7. <br />A. Corrective Action #2 <br />Cotter makes a number of assertions regarding Corrective Action #2. These <br />are addressed in turn below. <br />1. Technical Revision <br />Cotter asserts that because the activities related to drawing down the mine pool <br />are not minor effects, the corrective action should not be submitted as a technical <br />revision. Cotter submitted a technical revision on June 1, 2010. The Division has <br />partially approved that portion of the TR that deals with the treatment of water <br />reporting to Sump No. 1. The Division has extended the time in which the Division is <br />to issue a decision concerning that part of the TR that deals with the mine dewatering. <br />The Division extended the time to allow the Board to hear this matter and determine <br />whether mine dewatering should be a corrective action. Therefore, whether the mine <br />dewater is a technical revision or a permit amendment is not ripe for resolution at this <br />time. This Board should first determine if mine dewatering should be a corrective <br />action. <br />2. Corrective Action #2 is Justified. <br />Cotter alleges that mine dewatering is not an appropriate corrective action. <br />The Division disagrees. <br />The mine pool contains high levels of uranium, molybdenum, sulfates, <br />antimony, arsenic, iron, manganese, thallium, uranium and radium 226. Whetstone <br />Report at pp. 7-3; 14-5. In 2009 the uranium levels in the mine pool were <br />9
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