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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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large amounts of equipment. AR:00991:18-00995:25. These conditions included decomposed <br />and collapsing timbers and infrastructure, sections of the Mine with no ventilation and therefore <br />high radon, steep declines and small hatches, and curving torturous tunnels and sudden drops. <br />AR:00992:20-00995:25; 00549-00553. The Division also acknowledged that <br />refurbishing/repairing the Mine and installing ventilation would be necessary for safe entry. AR: <br />01008:8-10; 00488. Further, entry into the Mine requires a secondary escape route from the <br />Mine to comply with safety regulations. It also requires installation of rails, guides, cages, and <br />other equipment. <br />No substantial evidence exists in the record of any of the costs of safe access to the Mine. <br />3. Absence of Evidence of Drilling Costs <br />The record contains much evidence concerning the installation of the pump through <br />drilling from the hillside above the Mine into the mine shaft. The technical challenges of <br />attempting to place the pump by such drilling are reflected in the record. However, the costs to <br />address those challenges are absent from the record. <br />For example, among the serious technical challenges, the location of the shaft from the <br />hillside would be difficult to determine, and an underground survey would have to be conducted <br />to tie into the surface features. AR:00268. If the correct location were successfully identified, a <br />drilling contractor would have to drill through 300 feet of rock and open cavities without <br />7 In contrast to the present situation, these substantial physical challenges were not <br />present when the Mine was operating. AR:00270. When the Mine was operating, dewatering <br />occurred in stages as the Mine was advanced. Id. In the final years, at the maximum extent of <br />the Mine, water was collected on the 19 Level, pumped to the 7 Level, and then pumped to the <br />surface. Id. Piping was in place to convey water up from the workings, and out the then-open <br />Steve Level adit to the historic water treatment plant. Id. Those pumps and pipe are no longer in <br />place, and the Mine is flooded and inaccessible below the Steve Level. Id. <br />17
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