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The Defendants never seriously considered an early warning system, contrary to their <br />argument. See Answer Brief at 49. A general statement that an early warning system through <br />monitoring wells would be a "significant cost" without any true comparison of costs does not <br />satisfy legislative intent. See Answer Brief at 34, 49 (citing AR:01041 -42). <br />Moreover, if any remaining boreholes existed that connected to the mine pool, the <br />obvious, reasonable, and practicable remedy would be to plug them, consistent with the plugging <br />and abandonment program that has occurred in the past. See AR:00519, 00945:22- 00947:6. <br />Further, the record fails to support the Defendants' interpretation that a solution involving <br />a conduit, such as a pipe, to convey Ralston Creek and bypass the Schwartzwalder Mine "would <br />not address mine pool discharges." See Answer Brief at 34 (citing AR:01039 -40). In fact, such <br />a conveyance would protect Ralston Creek from any mine pool seepage in the area isolated from <br />Ralston Creek by the conveyance. <br />Finally, substantial evidence in the record supports that, even if the mine pool were to <br />leak, it would leak into the alluvium, where an alluvial treatment and capture system could <br />control any impact from the leakage to Ralston Creek. AR:00954:12 -25; AR:00524; AR:00261; <br />00933:17 -25; AR:00956:10 -20. Simply responding that "the flow path from the mine pool has <br />not been established and that it would be unwise to wait the years needed to evaluate the possible <br />success of Cotter's theory" fails to acknowledge that the Division had no evidence of any other <br />flow path since sampling of Ralston Creek indicated that the Schwartz Trend definitely was not a <br />flow path. See Answer Brief at 31. While Ms. Kraeger -Rovey made the statement about the <br />possibility of water levels increasing at more distant areas near the reservoir and creek, Answer <br />Brief at 33, she followed that statement up with, even if there are fractures, it is not inevitable <br />that water would flow from the mine pool to Ralston Creek. AR:01040:24- 1041:5. The Order <br />19 <br />