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2011-02-09_ENFORCEMENT - M1977300
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2011-02-09_ENFORCEMENT - M1977300
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Entry Properties
Last modified
8/24/2016 4:30:54 PM
Creation date
2/15/2011 7:55:34 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977300
IBM Index Class Name
ENFORCEMENT
Doc Date
2/9/2011
Doc Name
Opening Brief of Plaintiff Cotter Corporation
From
Cotter Corporation
To
District Court
Email Name
DB2
AJW
DAB
Media Type
D
Archive
No
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Creek near Sump No. 1 (collectively the "Alluvial Collection and Treatment System").6 <br />AR:00935:11-22; 00505; 00936:3-5; 00936:16-24; 00506-07. The design of the Alluvial <br />Collection and Treatment System included the ability to bring other collection points onto the <br />system. AR:00935:23-25; 00937:8-938:1. Corrective Action No. 1 required extensive <br />coordination with the WQCD and the Radiation Management Unit of CDPHE. AR:00375; <br />00934:17-24; 00983:21-00984:9. <br />On June 26, 2010, Cotter also submitted another TR request (TR-13) to install an interim <br />50 gpm active treatment system at Sump No. 1, which was also approved by the Division. <br />AR:00295-303; AR:00982:1-4. This interim system, which was not required by the Division, <br />was intended to start remediation using a portable system before the July 31, 2010 deadline for <br />Corrective Action No. 1. AR:00934:1-24; 00984:13-24; 00545; 00296; 00503; 00980:10- <br />981:10. The Alluvial Capture and Treatment System started operating on July 2, 2010, <br />AR:00503, and removed 99 percent of the uranium from the groundwater that was collected. <br />AR:00934:1-16; 00503. <br />At the Hearing on July 12, 2010, with regard to Corrective Action No. 2, the Division did <br />not provide substantial evidence for a finding that the mine pool had caused contamination of <br />Ralston Creek. Instead, the record contains the Division's acknowledgment that such <br />contamination had not happened, and contains no substantial evidence that such contamination <br />will occur in the foreseeable future. See AR:00476 (Division evidence stating that "[s]ince the <br />mine pool cone of depression has only reached steady state in the past few months, it is too early <br />6 The documents in the administrative record sometimes refer to this system as the "100 <br />gpm system" or a "200 gpm system," because its design capacity is 200 gpm. <br />11
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