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itself cites to pages of the EPP stating that any potential conduits would be from the mine to the <br />valley floor alluvium. See Order If 26, AR:00849. <br />III. THE FINDINGS UPON WHICH THE BOARD RELIED TO ORDER MINE <br />DEWATERING AND TREATMENT ARE UNSUPPORTED BY SUBSTANTIAL <br />EVIDENCE; ACCORDINGLY THE BOARD UNLAWFULLY ORDERED <br />CORRECTIVE ACTION NO.2. <br />In section III of its Opening Brief, Cotter explains: (a) the Board's Corrective Action <br />No. 2 — Mine Dewatering and Treatment — is based on findings that Cotter violated three sections <br />of the Act, Colo. Rev. Stat. §§ 34- 32- 116(7)(c), - 116(7)(g), and - 116(7)(h); (b) the Board did not <br />establish that the mine pool supports a violation of any one of those sections; and (c) without <br />such evidence, the Board lacked statutory authority to order Mine Dewatering and Treatment. <br />Opening Brief at 26 -35. Defendants' Answer Brief fails to refute this analysis. In their brief, the <br />Defendants do not show that the mine pool supports a violation of the above statutory provisions <br />but, instead, confirm the lack of evidence to support the Board's critical findings that the mine <br />pool has contaminated, and is contaminating, Ralston Creek and Ralston Reservoir and poses a <br />"serious threat" to downgradient water resources. The Defendants do not establish that Colo. <br />Rev. Stat. § 34- 32- 116(7)(h) even applies to the alleged contamination by the mine pool. <br />Further, they provide no analysis to support the Board's authority to order Mine Dewatering and <br />Treatment where, as here, the mine pool does not support the alleged statutory violations. <br />Accordingly, the Board unlawfully ordered Corrective Action No. 2. <br />A. No Substantial Evidence Exists That the Mine Pool Supports a Violation of <br />Colo. Rev. Stat. § 34- 32- 116(7)(g). <br />To support its conclusion that Cotter violated Colo. Rev. Stat. § 34- 32- 116(7)(g), the <br />Board expressly relied on findings that "[t]he mine pool is contributing to the contamination of <br />Ralston Creek and Reservoir," "the contaminated mine pool water has contributed uranium to <br />Ralston Creek," and "mine pool water [has] increased the levels of uranium and other metals in <br />20 <br />