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Attachment 2 <br />1. The Division's "Hard Rock Minerals Extraction Presentation Form" does not allege that <br />the mine pool has caused any contamination of Ralston Creek to date. (Page 2 states that "[tlhe <br />contaminants in the alluvium are migrating to Ralston Creek, which flows off site and into <br />Ralston Reservoir." (Emphasis added.). Page 3 states that "[r]adionuclides and metals are <br />entering a water supply at unacceptable concentrations, and the potential for greater <br />concentrations looms from the mine pool." (Emphasis added.) <br />2. The Division's presentation, entitled, Schwartzwalder Mine Cotter Corporation, Jefferson <br />County M-1977-300, MLRB Enforcement Hearing 12 July 2010, David Bird," at the hearing <br />states in the "Conclusions" slide that, "[b]y allowing contaminants in the alluvium to migrate to <br />Ralston Creek and be carried downstream, the operator has failed to protect areas outside of the <br />affected area from slides or damage occurring during the mining operation and reclamation. (§ <br />34-32-116(7)(h) C.R.S.)." (Emphasis added). The Division's "Closing Thoughts" slide states <br />that "[tlhe corrective actions being requested by the Division are indeed expensive, but probably <br />less than costs that will be incurred if the mine pool begins seeping into Ralston Creek and into <br />Ralston Reservoir." (Emphasis added.) <br />3. The Division's "Response to Operator Rationale for no Mine Dewatering" power point <br />states at page 1 "[s]ince the mine pool of depression has only reached steady state in the past few <br />months, it is too early to tell if the mine pool is contributing to Ralston Creek." (Emphasis <br />added.) The slide entitled Objectives of Mitigation Strategies, states: "Draw down and treat <br />mine pool" - "Effluent must be treated before discharge to waters of the state;" and "500 feet <br />drawdown" - "Sufficient margin of safety to prevent any communication with the alluvium or <br />Ralston Creek." (Emphasis added.) <br />Cotter Corp. <br />Schwartzwalder Mine <br />M-1977-300 <br />MV-2010-018 <br />8148583@ v2 den <br />0612a