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16. In mid-2009, the Division began expressing concern to Cotter about water quality <br />issu:,s on mite iii tLc vicinity of the Mine propeity. Cotter submitted an Environmental Protection <br />Plan ("EPP") to the Division, setting forth proposed procedures for improvement of water <br />quality. The Division issued an Adequacy Review on October 21, 2009, which requested <br />changes to the EPP, including additional monitoring of water quality and ground water <br />mitigation measures. Cotter submitted a revised EPP to the Division on April 19, 2010 to <br />address these additional concerns. <br />17. On May 18, 2010, the Division inspected the Mine site to conduct water quality <br />tests and other activities. On May 19, 2010, the Division found the revised EPP to be <br />inadequate, based in part on the alleged results of the site inspection, and advised Cotter that the <br />Division would be commencing an enforcement action against it. <br />18. On May 21, 2010, the Division issued a "Notice of Reason to Believe a Violation <br />Exists at the Schwartzwalder Mine" ("May 2010 Notice"). The May 2010 Notice alleged, inter <br />alia, that Cotter <br />has failed to adequately minimize disturbances to the prevailing hydrological <br />balance of the affected land and surrounding area and to the quality of surface and <br />ground water systems during mining and/or reclamation. Elevated levels of <br />uranium are present in the mine pool, the alluvial area adjacent to Ralston Creek, <br />and in Ralston Creek. <br />It has never been defined by the Division what the "prevailing hydrological balance" was which <br />had purportedly been disturbed. <br />19. The May 2010 Notice advised Cotter that an enforcement hearing would be held <br />before the Board during its meeting scheduled for mid-July 2010 and that Cotter should provide <br />any "evidence indicating that the possible violations noted above do not exist or have been <br />corrected" to the Division "as soon as possible or bring it to the hearing." <br />20. The accompanying "Minerals Program Inspection Report" provided by the <br />Division ("Inspection Report") recommended as a "corrective action" that Cotter submit a <br />"technical revision" to its permit by no later than June 1, 2010 setting forth plans and schedules <br />for (a) reinitiating treatment of all water reporting to Sump No. 1 by no later than July 31, 2010 <br />("Corrective Action No. I"), (b) reinitiating mine dewatering and water treatment sufficient to <br />bring the mine pool to a level at least 500 feet below the "Steve Level" and sufficient to <br />reestablish a hydraulic gradient away from Ralston Creek starting no later than July 31, 2010 <br />("Corrective Action No. 2"), (c) financial warranty provisions for the plans ("Corrective Action <br />No. 3"), and (d) immediate cessation of all well abandonment activities and reactivation of all <br />surface and ground water monitoring. It also required a permit amendment no later than August <br />1, 2010 to address the unresolved EPP details in the May 19, 2010 adequacy review letter. <br />21. On June 1, 2010, Cotter submitted Technical Revision Request 12 to the Division, <br />setting forth its plan for reinitiating treatment of water reporting to Sump No. 1. The Technical <br />4