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2011-04-18_ENFORCEMENT - M1977300
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2011-04-18_ENFORCEMENT - M1977300
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Last modified
8/24/2016 4:32:40 PM
Creation date
8/10/2011 2:35:27 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977300
IBM Index Class Name
ENFORCEMENT
Doc Date
4/18/2011
Doc Name
Joint Answer Brief
From
MLRB and DRMS
To
District Court
Email Name
DB2
Media Type
D
Archive
No
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III. Course of Proceedings and Disposition in the Agency <br />The Division inspected the Mine site on May 18, 2010. R:00336- 00345. <br />The inspection found that concentrations of uranium in Ralston Creek were <br />exceeding stream water uality standards. The Division sent Cotter a Notice of <br />Reason to Believe a Viol tion Exists ( "Notice "), in which the Division advised <br />Cotter that its failure to minimize the disturbance to the prevailing hydrologic <br />balance was a potential violation of the Act and regulations. R:00019 -20. The <br />Notice told Cotter that the matter would be set for hearing before the Board in <br />July 2010. The Board h <br />Division and Cotter presented testimony and documentary evidence. <br />At the conclusion <br />Act, including (a) section 34- 32- 116(7)(g), C.R.S., for failure to minimize <br />disturbances to the prevailing hydrologic balance, (b) section 34- 32- 116(7)(c), <br />C.R.S., for failure to handle toxic - forming material so as to protect the drainage <br />system from pollution, and (c) section 34-32-116(7)(h), C.R.S., for failure to <br />protect areas outside of <br />ordered Cotter to perfor <br />and the matter on July 12, 2010. At the hearing, the <br />f the hearing, the Board found Cotter in violation of the <br />he affected land from slides or damage occurring during <br />the mining operation and reclamation. R:01045, 01047 -1049. The Board <br />the following corrective actions: (a) reinitiate a water <br />treatment system to treat all water reporting to Sump No. 1 as soon as possible, <br />2 The administrative record comprises 1,083 Bates stamped pages. Citations to the <br />record herein are indicated by "R:[page number(s)]." <br />5 <br />
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