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denied it. The Board issued an order denying Cotter's petition on September 24, <br />2010. R:00856 -59. Cott <br />surface water (Ralston <br />r initiated this matter on January 7, 2011 by filing its <br />Complaint for Judicial Review, Declaratory and Injunctive Relief. <br />Upon motion of the Board and Division, this Court dismissed three of the <br />four claims for relief Cotter pursued in its Complaint. The only remaining <br />claim is one for judicial <br />i. <br />eview under the Administrative Procedure Act. <br />PREFACE <br />In its Opening Brief, Cotter asserts that this case is about public fear <br />about uranium, about the unknown and about public opinion. Opening Br., p. 2. <br />On the contrary, an undisputed fact in this case is that Cotter's Schwartzwalder <br />Mine, located about seven miles from Golden, is polluting ground water and <br />reek), with elevated levels of uranium that exceed <br />stream standards. Ralston Creek flows into Ralston Reservoir, which is a <br />drinking water source for Denver, Arvada and North Table Mountain Water and <br />Sanitation District. <br />After discussing with Cotter water quality concerns caused by Cotter's <br />Mine since 2007 and after inspecting the site in May 2010 and finding <br />uncontrolled contaminated water flowing from the Mine to Ralston Creek, the <br />Division issued a notice alleging violations (hydrologic balance, protection of <br />drainage system and off site damage) and requesting corrective actions that <br />included: (1) reinitiation of collection and treatment of the water reporting to <br />7 <br />