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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
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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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implemented the first corrective action. The Division also directed Cotter to <br />"[r]einitiate mine dewat <br />Mine in 1966 and mined <br />the mine water table to a level at least 500 feet below the Steve Level, and <br />sufficient to reestablish a hydraulic gradient away from Ralston Creek. <br />Implementation must occur as soon as possible but no later than July 31, 2010." <br />R:00347. Cotter disputes this corrective action. <br />The Schwartzwalder Mine <br />In 1949, Fred Schwartzwalder discovered uranium at the Mine. R:00031, <br />00925. The Mine is an u <br />ring and water discharge treatment sufficient to bring <br />nderground uranium mine located a few miles <br />northwest of Golden, Colorado. R:0003, 00865 - 00866, 00871. Cotter bought the <br />uranium for 34 years when in 2000, Cotter ceased <br />extracting uranium. R:00031. The permit area covers about 57 acres. R;00031, <br />00033, 00870. Tunnels and shafts were driven in pursuit of deeper ore. <br />R:00031. The primary level for access to the Mine was through the Steve level. <br />R:00032. Levels were identified according to their depth. R:00032. The most <br />4 Please note that many of the facts recited herein are from Plaintiffs own proposed <br />April 2010 Environmental Protection Plan (pages 00024 -00249 set forth Cotter's EPP <br />and pages 00390 -398 set forth the Technical Memorandum filed with Cotter's April <br />EPP). Cotter submitted the April EPP and Technical Memorandum prior to the <br />Division issuing the Notice regarding violations; Cotter argued that the April EPP and <br />Memorandum were "forthr_ght" appraisals of the conditions at the Mine. R:00908. <br />Cotter's consultant, Susan Wyman, wrote the EPP and Memorandum; Ms. Wyman <br />testified she is a professional engineer and a professional hydrologist with 21 years of <br />experience in earth sciences and 12 years of experience at the Schwartzwalder Mine. <br />R:00905, 00921 -922. <br />13 <br />
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