2011-07-26_REVISION - M1984014 - Laserfiche WebLink

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detailed in the EPP. This is especially true, where, as here, the operator admits that the area has the potential to be affected in the future. EPP at 2 ( "However, future exploration drilling may locate sufficient resources to require use of the upper mine waste area and ore storage pad. "). Cotter cannot have it both ways. The company cannot maintain the upper mine area in its permit, and keep open the ability to conduct ground disturbing activities on those lands, yet refuse to provide the EPP information required under the MLRA and Board Rules. The DRMS should require Cotter to provide a complete EPP and not one that unilaterally selects only certain portions of the site at Cotter's convenience. Other portions of the regulations specifically call for detailed information for all areas within a specified distance (i.e. 2 miles) of the operation. See Rule 6.4.21 (throughout). The Division should require that Cotter submit all information required under the regulations, and not just the data Cotter chooses to provide. All Contemplated Storm Water Mitigation Measures Should be Implemented Immediately As briefly mentioned above, Cotter appears to propose in its Construction Schedule (EPP section 10, page 50) that the additional proposed stormwater management would only be contingent on resumption of mining. This proposal should not be accepted by the Division. Notably, even the (inapplicable) "intermittent status" designation requires the operator to comply with all "reclamation, performance standards and Environmental Protection Plan requirements." Rule 1.13.7(a). The proposal to hold off on activities such as improved stormwater management is contradicted by Cotter's own statements that "[s]tormwater management and the prevention of water -rock interaction are the particular focus of environmental protection measures for the JD -8 mine " EPP page 1. Later in the EPP document, Cotter asserts that "[a]ny potential chemical loading to surface water will be controlled and minimized by the implementation of best management practices (BMPs) described in the Stormwater Management Plan (Attachment 4 of the EPP)." EPP at 23. This statement simply does not square with the construction schedule proposing to implement the new stormwater BMPs only at some indeterminate date in the future upon resumption of mining. The Division should reject Cotter's attempt to push off any meaningful work. At minimum, the Division should require additional detail to confirm any activities that will be required immediately. Hydrologic (Surface and Groundwater) and Geologic Information is Lacking The EPP lacks a complete analysis of the hydrologic (surface and groundwater) and geologic setting of the JD -8 mine. For instance, the EPP appears to assert that leachate from waste rock would take 1,000 years to travel 400 feet. EPP at 23. However, Cotter concedes elsewhere that the mine area is "extensively faulted" with "many lesser faults further dissect the area," and that the waste rock pile and other mine features are placed on a fault. EPP at 38. It is not clear from the materials that Cotter has appropriately factored in the faulting to its predictions of potential ground water contamination. Further, Cotter has not adequately dealt with the proximity and relationship of the proposed Pifion Ridge Uranium Mill to JD -8. For instance, Cotter relies on the reports (e.g., Golder 2009) submitted by the mill proponent, but does not account for the potential contribution of contamination to the groundwater at the mill site from JD -8. This is despite recognizing in the EPP that the regional flow of groundwater is to the northwest (towards the mill site from JD -8), discharging into the Dolores River. EPP at 40 -41. In fact, information from the mill proponents submitted to the CDPHE demonstrates the interconnectedness of ground water regimes within the JD -8 area to the valley floor. (See attached groundwater recharge and discharge map). Cotter does not address the fact that the mill 4