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7. The Division was established by the Colorado General Assembly through C.R.S. <br />§ 34-20-103(1), The Division's duties include, bu., urn, not ii;-n-lic i to, the adrninistrab'n, of <br />t;?c <br />Colorado Mined Land Reclamation Act, per C.R.S. § 34-20-103(3). <br />GENERAL ALLEGATIONS <br />8. The Mine began operations in 1953 and was purchased by Cotter in 1966. From <br />1966 to 2000, Cotter extracted uranium from the Mine. Mining operations ceased at the Mine in <br />2000. Cotter holds the Permit, which governs reclamation activities at the Mine. <br />9. As part of the Mine's operations, Ralston Creek was diverted away from the <br />Mine's site. Mine waste rock was deposited creating an alluvial fill area where mine buildings <br />and facilities could be constructed. <br />10. The Mine's geological and hydrological properties necessitated that while the <br />Mine was in active use it had to be regularly "dewatered" by a pump system. Water pumped <br />from the Mine contained various heavy metals, including uranium. <br />11. To address the issue of uranium and other heavy metals in the water pumped from <br />the Mine, Cotter operated a water treatment system. The'system was built on the adjoining <br />alluvial fill. The water treatment system was permitted by the Colorado Department of Public <br />Health and Environment ("CDPHE") under CDPS number CO-0001-244. <br />12. That water treatment system also included four sumps installed in the early 1990s <br />located in the alluvium and fill. These sumps intercepted and collected ground water and <br />pumped the collected ground water to the water treatment plant. Pumping from all sumps, other <br />than one of the sumps referred to as Sump No. 1, to the water treatment plant ceased in 2002. <br />Pumping from Sump No. 1 continued until 2008. Of the original sumps, only Sumps Nos. 1 and <br />4 still exist. <br />13. In May 2000, as part of concluding operations at the Mine, Cotter shut down the <br />pumps that were used to dewater the Mine and removed substantial parts of the pump system. In <br />June 2002, Cotter shut down the water treatment system pursuant to authorization from CDPHE <br />and per the appropriate permit specifications. <br />14. As a result of shutting down the pumps that were used to dewater the Mine, the <br />Mine has progressively filled with naturally inflowing water. The body of water contained <br />inside the Mine is referred to as the "mine pool." <br />15. On December 18, 2007, the Division approved Technical Revision 9, which was <br />designed to address the hydrological sealing of the Mine to minimize risk of water escaping from <br />the Mine. As part of this process, and with the Division's full knowledge and approval, Cotter <br />installed permanent bulkheads on certain adits (horizontal entrances) to the Mine.