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showing open voids, wiring and other potential obstructions to drilling, and showing shutes, rail <br />haulage, pipes and other potential obstructions to drilling. <br />The Order further erroneously relies on the Division's testimony that "the Operator can <br />refurbish and repair the mine, including installing ventilation, to make the mine safe to enter." <br />Order ¶ 31. The installation of the rails, guides, cages, and other equipment, especially in a steep <br />decline such as the Sunshine adit, however, would be very expensive and take considerable time <br />and resources to implement and would require substantial excavation of the wall rock and other <br />technical and safety challenges. Cotter Rebuttal, Exh. 1, at 14. <br />(C) The Inflow Rate Cited in the Order Is Clearly Erroneous on the Whole <br />Record. <br />In connection with Cotter's position that the mine pool is contained and isolated, the <br />Board relied on Division "data showing that at times the ground water inflow to the mine was as <br />high as 600 gallons per minute." Order $ 24. This position was in response to the Cotter's <br />Rationale at page 12 indicating that "[a]t its total maximum depth of 2,200 feet, when the mine <br />was fully dewatered groundwater upflow to the Schwartzwalder Mine was only 189 gpm." As <br />explained above, Cotter became aware of the Division's position about water inflow to the mine <br />for the first time at the hearing, which justifies reconsideration and the opportunity for a rebuttal. <br />The Rebuttal at page 11 explains that the figure of 600 gpm is not representative of rock <br />transmissivity or steady-state groundwater flow into the mine. In addition, even if the inflow to <br />the mine had been sustained at 600 gpm, which it was not, the overall hydraulic conductivity of <br />the rock mass would be 9.7 x 10-7 cm/sec, or just lower than the recommended upper limit for a <br />Subtitle C landfill liner. Therefore, the Division's inflow number does not support the Order. <br />14