2011-02-09_ENFORCEMENT - M1977300

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with law, that those agencies do not make decisions in response to fears, public opinion, or other improper considerations, and that agency decisions be based on substantial evidence in the record to support findings and conclusions. On July 12, 2010, the Board held an enforcement hearing ("Hearing") in this matter, AR:00861-01050, and on August 11, 2010, issued its Order, AR:00845-55. The Order contains a number of findings of fact, determinations of law, and finally, directives that Cotter take certain corrective and other actions. First, the Order directed Cotter to "[r]einitiate a water treatment system to treat all water that reports to Sump Number One as soon as possible, but no later than July 31, 2010." AR:00853. Cotter does not challenge this paragraph ("Corrective Action No. 1"), which concerns an alluvial water collection and treatment system to remove uranium from groundwater in the Mine site's alluvium and fill (the coarse, porous material close to Ralston Creek), known collectively as alluvial fill. Cotter fully complied with Corrective Action No. 1, and that corrective action is not at issue. See Order T 12, AR:00847; 00853. Second, the Order directed Cotter to: Reinitiate mine dewatering and water discharge treatment sufficient to bring the mine water table to a level at least 500 feet below the Steve Level, and sufficient to reestablish a hydraulic gradient away from Ralston Creek. Implementation must occur as soon as possible, but no later than August 31, 2010. AR:00853. The heart of Cotter's appeal is this paragraph (Corrective Action No. 2) involving water within the Mine. Water exists naturally in the rock into which the Mine was excavated. The gradual re-establishment of this water from the rock walls of the Mine is referred to as the mine pool. Corrective Action No. 2 orders Cotter to undertake a massive project, without a record supporting it and in violation of law. The findings in the Order do not support the three