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3. In its August 11, 2010 Order, the Board ordered the Operator to perform the <br />following four corrective actions: <br />1) Reinitiate a water treatment system to treat all water that reports to Sump <br />Number One as soon as possible, but no later than July 31, 2010. <br />2) Reinitiate mine dewatering and water discharge treatment sufficient to bring <br />the mine water table to a level at least 500 feet below the Steve Level, and sufficient <br />to reestablish a hydraulic gradient away from Ralston Creek. Implementation must <br />occur as soon as possible, but no later than August 31, 2010. <br />3) Provide financial warranty, pursuant to Hard Rock Rule 4.2.1(4), sufficient to <br />assure the protection of water resources, including costs to cover necessary water <br />quality protection, treatment and monitoring. <br />4) Submit a permit amendment to address the EPP and associated financial <br />warranty. <br />4. As noted in the August 11, 2010 Order, Cotter began implementation of <br />corrective action one in early July, 2010. Cotter complied with corrective actions one and <br />four in a timely manner. Cotter complied with corrective action three to the extent that it <br />relates to corrective action one. <br />5. Cotter is opposed to corrective action two. Cotter is opposed to corrective <br />action three insofar as the financial warranty amount for dewatering the mine pool. Cotter <br />has sought judicial review of the Board's August 11, 2010 Order. <br />6. Since August 11, 2010, Cotter has undertaken other activities in attempts to <br />improve the water quality in Ralston Creek: Cotter has installed additional groundwater <br />capture systems and pumping locations to expand the alluvial groundwater capture and <br />treatment capabilities. Cotter's activities have resulted in removing 311.1 pounds of uranium <br />from the alluvial water from July 2, 2010 to November 4, 2010. However, despite Cotter's <br />efforts, Cotter concedes that the water quality as measured at monitoring station SW-BPL <br />(located at the permit boundary's lower southeast edge as Ralston Creek exists the mine <br />property) has consistently exceeded the applicable 0.03 mg/L uranium stream standard. <br />7. Cotter testified at the November 17-18, 2010 hearing that it has not complied <br />with corrective action number two and has only complied with corrective action three to the <br />extent that it relates to corrective action one. Cotter has not reinitiated mine dewatering and <br />has failed to provide a financial warranty as required for corrective action two. <br />8. In the August 11, 2010 Order, the Board ordered Cotter to pay a $55,000 civil <br />penalty based on $1,000 per day for 55 days of violation, with all but $2,500 of the civil <br />Cotter Corp. <br />Schwartzwalder Mine 2 <br />M-1977-300 <br />MV-2010-030