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of the Act, the Order does not reflect facts and analysis that Cotter previously presented on these <br />issues in its briefs, testimony, and technical reports. Such omissions should be corrected in a <br />new decision. See Colo. Rev. Stat. § 24-4-105(14)(a) ("Each decision ... shall include a <br />statement of findings and conclusions upon all the material issues of fact, law, or discretion <br />presented by the record") (emphasis added); see also 2 CCR 407-1, Rule 2.8.2(3). Further, the <br />Order is based on findings that are contradicted by the hearing testimony and other evidence in <br />the record. These deficiencies apply to each of the three statutory provisions that the Board <br />found Cotter has violated. <br />(A) No Violation of Colo. Rev. Stat. § 34-32-116(7)(g). <br />The Board should reconsider the Order because the record expressly contradicts key <br />findings upon which the Board relied to find a violation of section 34-32-116(7)(g). One such <br />finding is that "[t]he mine pool uranium concentration of 35.4 mg/L is a serious adverse impact <br />to the prevailing hydrologic balance (background concentrations 0.0019 mg/L; MW-11, October <br />2009)." Order ¶ 40. This finding is incorrect for several reasons. <br />First, MW-11 is completed above the mine, not in the ore zone, and is therefore not <br />representative of uranium concentrations in the ore zone. Susan A. Wyman, P.E., P.G., <br />Whetstone Associates, Rebuttal to the Division of Reclamation, Mining and Safety Testimony <br />before the Mined Land Reclamation Board and Technical Comments on Draft Findings of Fact, <br />Conclusions of Law, and Order Regarding the Schwartzwalder Mine, at 1 (July 30, 2010) <br />("Cotter Rebuttal") (attached hereto as Exh. 1).' Test results from MW-11 do not, therefore, <br />' The Cotter Rebuttal was attached to Cotter's July 30, 2010 comments on the Board's <br />draft findings of fact, conclusions of law, and order. Cotter is providing a courtesy copy of its <br />Rebuttal as Exhibit 1 to this petition. <br />2