Fremont County Independent Outreach Committee

If Only They Has Listened

Thu, 10 Feb 2011 16:43:00 +0000

If Only They Had Listened

To the editor:

For years, Cotter and the Colorado Department of Health and Environment said there was no contamination getting to the Lincoln Park community. For fewer years, CDPHE said it was there, but it was significant. Now, it is there and seems to have stagnated.

It is there and has been, radiating the neighborhood for more than 40 years.

How many people suffered medical problems caused by the infiltration of contaminated water into Lincoln Park?

How many deaths were/are caused by that contamination?

How many might not have died if Cotter had been urged to prevent further contamination by local authorities who became aware of but denied it?

And most important, why did the CDPHE not act on its agreement with the Atomic Energy Commission to oversee the milling operation as rigorously as the AEC, or more so?

And Colorado endorses more uranium mining, hauling and milling. Ten years have passed since Lynn Boughton died of radiation induced cancer; 39 years since he called Cotter’s (Atlantic Richfield Oil) attention to the contamination seeing into Lincoln Park; 27 years since he called potential neighborhood injury attention to Fremont County Commissioners and Cañon City Council; and 27 years since the same commissioners, council, board of realtors, Chamber of Commerce, collection of attorneys, banks and insurance company’s spent time and energy on efforts to “kill the messenger.” If only they had listened.

Deyon Boughton,

Florence

Tarlton updates CAG on decommissioning projects

Mon, 31 Jan 2011 17:57:00 +0000

Rachel Alexander

The Daily Record

Citizens received an update on progress at the Cotter Corp. site at the monthly Community Advisory Group meeting Thursday.

Steve Tarlton, of the Colorado Department of Public Health and Environment, said several decommissioning projects have been completed, though two projects expected to be complete by Jan. 1 — removal of four historic ore pads and removal of the soil from below the CCD tanks — were only partially completed.

Work already has been done on projects scheduled for completion this summer.

“There’s still (buildings) out there,” Tarlton said. “Right now, they’re tearing down as much as they can.”

The ore pads are believed to contribute to relatively elevated gamma radiation levels along the road into the facility and were also suspected and later ruled out as sources for the contamination in ground water below Shadow Hills Golf Course.

Tarlton also discussed the Dam to Ditch Project.

The project is studying the reason contamination in the ground water between the SCS dam and the DeWeese-Dye Ditch, seems to have stagnated.

“We’re trying to figure out why that is,” Tarlton said.

He said hydrogeologists have determined that groundwater levels in the area used to be higher than they are now.

He added it is possible the contamination has seeped into the rock and soil in the area and only comes out when it is wet, thus perpetuating the groundwater contamination.

The next CAG meeting will be 6 p.m. Feb. 24 at Garden Park High School.

Cotter oversight faulty, suit alleges

Thu, 20 Jan 2011 16:11:00 +0000

By TRACY HARMON | tharmon@chieftain.com | 0 comments

CANON CITY — In hopes the state will deal with, "the huge elephant in the room," attorneys for Colorado Citizens Against Toxic Waste have filed an amended lawsuit against the state health department.

The Cotter Uranium Mill processed yellowcake uranium from 1958 to 1987. In 1988, the mill was identified by the Environmental Protection Agency as a Superfund cleanup site.

The mill has not processed yellowcake since 2005.

An amended complaint was filed in Denver District Court Friday by attorneys Travis Stills of the Energy Minerals Law Center in Durango and Jeffrey Parsons with the Western Mining Action Project in Lyons, on behalf of Colorado Citizens Against Toxic Waste. The defendants are the state health department and Steve Tarlton in his capacity as manager of the state's radiation control program, plus Cotter Corp. also is listed as a party.

Because Colorado radiation regulations require a decommissioning funding plan that outlines a cost estimate for closing the mill, Cotter and state officials have been working since 2009 to try to pin down an updated cost estimate.

However, the lawsuit alleges the bond remains inadequate despite the fact that Cotter Corp. has agreed to up the bond from $14.7 million to $20.8 million by June of this year to cover cost of decommissioning the entire mill when it closes.

The state estimated cleanup will cost about $43.7 million while Cotter estimated it would be $23.2 million. On Dec. 15, the state health officials agreed to leave the bond at $20.8 million despite public comment that urged it should be $53 million.

"We would like to see them (Cotter Corp.) post the entire $43.7 million at least. It is a federal program the state is implementing and adding a 25 percent contingency (an additional $10.9 million) is standard," Parsons said. "Both the bonding amount and the way it is calculated are serious problems because they are the first line of defense for the taxpayers of Colorado.

"There are a lot of examples in the state where the taxpayers are stuck with someone else's bill," Parsons said.

Tarlton wrote in his final decision that Cotter is currently in the process of updating the decommissioning plan based on changes at the facility since 2005 and an updated version is expected in March 2011. Tarlton said the new plan and revisions in anticipated future operations will result in additional changes to financial assurance to be evaluated again this summer.

The suit also alleges that decommission work on the old mill is being done without benefit of any kind of updated decommissioning plan since the last plan was inked in 2005. Parsons said there is no current decommissioning plan, final closure plan or reclamation plan.

"That is the huge elephant in the room, they (Cotter) are demolishing old buildings, old tanks and putting them in the tailings impoundments and what is going to happen with the tailings impoundment? Currently, they are pumping back contaminated water to adjust for leaking.

"You cannot have a long-term closure with the need for active treatment. Cotter will say they've spent millions and worked hard but what is the future?

"The long term, at-site, permanently contaminated tailings pond keeps the state on the hook forever. The first choice must be to put the tailings in a condition that is stable and that could result in significant expense," Parsons explained.

Parsons said the suit is a "fairly extraordinary measure" designed to assure the decommissioning is done right and the old mill is cleaned up as it should be.

"There is no room for error left," he said.

Cotter Mill Manager John Hamrick could not be reached for comment Wednesday. Hamrick said last September that Cotter is conducting operational studies to see if the company can get back into business.

As a result, the old equipment needs to be disposed of so the company can build an all-new mill if it is deemed feasible.

Parsons said that he has serious questions about whether the current mill site is capable of serving a new mill facility.

"It is hard to gauge the likelihood of them opening a new mill. They would be subject to the main criteria of newer federal law which states a mill should be remote from populated areas and I don't think anyone can argue that site is remote," Parsons said.

Hamrick has kept the state health department posted on the company's work to tear down old mill buildings, equipment and tanks in letters relating to the financial assurance discussion.

"Cotter will claim that its work has been OK'd by the state but this ad hoc decommissioning is a serious problem," Parsons said.

The state has 20 days to respond to the amended lawsuit.

Cotter's a bust amid uranium boom

Wed, 19 Jan 2011 16:40:00 +0000

BARRY NOREEN

THE GAZETTE

Two weeks ago the Cotter Corp.’s dreams of reopening a uranium enrichment mill in Cañon City seemingly were dealt another blow, when the Colorado Department of Health and Environment granted a license (see my blog) for a mill that would be built near Naturita in southwestern Colorado.

Plenty of hurdles remain for the proposed Piñon Ridge facility, but it has important advantages over any plan to resurrect a controversial mill in Cañon City. Piñon Ridge is in the heart of Colorado’s uranium country, where any new mining is likely to occur.

Politically, Piñon Ridge is an easier sell because many residents there have ample experience with the nuclear industry. Unlike the Fremont County commissioners, who lined up against Cotter, the Montrose County commissioners support Piñon Ridge.

Nuclear energy will play a larger role in America’s market someday, but the Piñon Ridge facility won’t reduce our dependence on foreign energy sources. Energy Fuels, the firm pushing Piñon Ridge, has said its enriched uranium would be sold to Asian buyers.

Sharyn Cunningham, who spearheaded opposition to Cotter by co-founding Colorado Citizens Against ToxicWaste in 2002, said she’s not sure the Piñon Ridge license will kill Cotter’s Cañon City plans. Even if it does, she doubts that the state has improved its regulatory apparatus enough to be trusted.

“I find it hard to trust that the radiation-management unit will do a better job regulating the new plant at Piñon Ridge,” she said. She noted that state regulators placed an $11 million cleanup bond on the Piñon Ridge license, even though “the cheapest cleanup in Colorado (in Durango) was $50 million.”

Cunningham questioned whether the company just wants to profit by receiving nuclear waste at a dump at the mill.

The industry’s cleanup record is poor. Additionally, Cotter was less than forthright in 2001, when it quietly attempted to ship thousands of tons of radioactive waste to Cañon City from New Jersey.

When that was disallowed, Cotter moved to shut down the Cañon City operation.

Many are still scared of uranium. When companies such as Cotter try to move waste on the sly, it makes those fears seem justified.

Still, electric cars will ramp up the nation’s need for electricity. When people talk about reducing America’s dependence on foreign oil without adding nuclear power to the menu, they’re being dishonest. Renewable energy won’t keep millions of electric cars on the road.

“I’ve watched these guys slip and slide so much,” Cunningham said. “In the end this has been such a boom-and-bust industry.”

The boom is returning. Cunningham is still dealing with the bust.

Read more: http://www.gazette.com/articles/cotter-111370-ago-uranium.html#ixzz1Bauvcgpv

How Dangerous Are Body Scans?

Mon, 13 Dec 2010 16:42:00 +0000

State Fines Cotter Corp. over Schwartzwalder Mine

Fri, 19 Nov 2010 16:16:00 +0000

The Mined Land Reclamation Board on Thursday found that Cotter Corp. violated state mining law by failing to comply with the Aug. 11 board order to draw water from the defunct Schwartzwalder uranium mine west of Denver and treat it, and to submit an appropriate financial warranty to cover this action, said Loretta Pineda, director of the Division of Reclamation, Mining and Safety.

The board also imposed the $55,000 in penalties contained in the August order and added an additional penalty of $39,000 for Cotter's failure to take any action since then.

Read more: State fines Cotter Corp. over Schwartzwalder mine - The Denver Post http://www.denverpost.com/search/ci_16653826#ixzz15kIN6ygD

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Cotter disputes estimate

Sat, 13 Nov 2010 16:12:00 +0000

CANON CITY — After three months of informal negotiations on how to monitor contaminated groundwater in Lincoln Park, the state and Cotter Corp. are unable to agree on what that task would cost.

The Colorado Department of Public Health on Oct. 26 issued an order requiring Cotter Corp. to adjust its $2.6 million surety to $9.9 million to cover estimated costs to install and monitor groundwater wells and prevent groundwater from seeping off site at the currently idle uranium mill just south of Canon City.

On Nov. 5, Cotter attorney Mark Mathews notified the state that Cotter disputes the state's estimate of $9.9 million and requested an informal mediation.

"We predicted Cotter would obstruct, delay and oppose," the amount of their cleanup bond, said Sharyn Cunningham, co-chairwoman for Colorado Citizens Against Toxic Waste. "They proved us right.

"Cotter had already privately negotiated the amount down from the original estimate of $17 million to $10 million. That amount only provides for watching the groundwater in our area, not actually actively cleaning it up," Cunningham said.

CCAT litigated the bond process used by the state and argued the current bond was inadequate.

"It brought the bond issue to from behind closed doors into the light of day," Cunningham said.

Cotter could delay the outcome of the bond issue if the mediation does not go in the company's favor. Next would be an adjudicatory hearing, which could be followed by a U.S. District Court lawsuit before the matter is settled, Cunningham said.

The state and Cotter officials also are trying to work out an agreement on decommissioning costs when the mill finally closes. State officials estimate the final cleanup cost at $43.7 million, while Cotter Corp. officials estimate it to be $23.2 million.

The draft decommissioning funding plan may be viewed at http://www.cdphe.state.co.us/hm/cotter/index.htm. Public comment will be accepted through Nov. 24.

Comments should be faxed to 303-759-05355 or mailed to Steve Tarlton, manager, Radiation Control Program, Colorado Department of Public Health, 4300 S. Cherry Creek Drive, Denver, CO 80246-1530. E-mail comments also can be sent to steve.tarlton@state.co.us

Mining regulators order Cotter to address heaps of toxic uranium ore

Thu, 04 Nov 2010 20:12:00 +0000

By Bruce Finley

The Denver Post

Posted: 11/04/2010 01:00:00 AM MDTUpdated: 11/04/2010 12:45:24 PM MDT

State mining regulators have found heaps of toxic uranium ore at a dormant Cotter Corp. mine in western Colorado and are moving to prevent contamination of land and water near the Dolores River.

The regulators ordered Cotter to build berms around the 300 to 500 tons of uranium ore by Nov. 17 and to remove the uranium by early next year.

"The worry is that an inactive mine can have maintenance and upkeep problems. It could cause polluted runoff," said Bob Randall, deputy director of Colorado's Department of Natural Resources. "What we want Cotter to do is clear it. They've got to put the berms up. They've got two weeks to do it."

Regulators also have ordered Cotter to submit an environmental protection plan.

Separately, Colorado Department of Public Health and Environment officials are poised to renew Cotter's water-discharge permit for the mine, requiring compliance with current federal standards, said Steve Gunderson, the agency's water-quality director.

"If they bust water-quality standards," he said, "we will be concerned."

No state tests have been done on soil and water near the mine, which is about 4 miles from the Dolores River near a site, southwest of Montrose, where Energy Fuels Inc. proposes to build the nation's first new uranium mill since the Cold War.

Cotter's mine sits on federal Bureau of Land Management land, leased by the U.S. Department of Energy. It is one of several uranium sites where state environmental overseers are pressing Cotter for cleanup action.

A shuttered Cotter uranium mill near Cañon City has been designated an environmental disaster. A Superfund cleanup begun there in the 1980s is still not complete. Cotter's defunct Schwartzwalder mine, west of Denver, has contaminated Ralston Creek, which runs into a Denver Water reservoir that supplies drinking water to 1.3 million metro-area residents.

Cotter officials did not return calls. Owned by San Diego-based defense contractor General Atomics, Cotter is poised to capitalize on an anticipated nuclear renaissance.

An Oct. 27 report by the Division of Reclamation Mining and Safety, following recent inspections at 10 Cotter mines, asserts that "uranium ore is classified as a toxic material. Its prolonged storage and exposure at the surface, with no environmental controls, creates a condition that presents a potential adverse affect to persons, property and the environment."

Federal leasing supervisors said they had no regulatory authority over Cotter and weren't aware of any uranium stockpiles.

"Three miles (from the river) is a long way away. We don't have any concerns," said Steve Schiesswohl, asset management team leader for the DOE's uranium program. Still, he said, "we would like it to either be processed or put underground."

Environmental advocates lauded state efforts.

"The Dolores River and these public lands are very important for recreation in Colorado and for the world in providing wildlife habitats," said Travis Stills, managing attorney at the Durango-based Energy Minerals Law Center.

"What we need is for the state to do what it looks like they've started to do: Enforce state environmental laws," Stills said. "It is really amazing that there's raw uranium ore just sitting up on the surface of federal lands."

Bruce Finley: 303-954-1700 or bfinley@denverpost.com

Read more: Mining regulators order Cotter to address heaps of toxic uranium ore - The Denver Post http://www.denverpost.com/news/ci_16517999#ixzz14LXfVD00

Cotter final cleanup costs vary

Fri, 29 Oct 2010 21:07:00 +0000

By TRACY HARMON | tharmon@chieftain.com | 0 comments

CANON CITY — Cotter Corp. and the state health department are nearly $20 million apart in agreeing on the amount of a financial assurance warranty to cover eventual closure of the uranium mill site just south of Canon City.

The uranium mill processed ''yellowcake'' uranium from 1958 to 1987. In 1988, the mill was identified by the Environmental Protection Agency as a Superfund cleanup site.

State regulations require a decommissioningplan that gives a cost estimate for closing the mill. Cotter and state officials have been working since 2009 to try to pin down an updated cost estimate.

Following review of the state's estimate, Cotter officials agreed to increase the current surety from $14.7 million to $20.8 million by July 2011.

The $6 million increase will go toward covering increased costs relating to Cotter's work to demolish parts of the old mill that Cotter no longer plans to use.

Current work is focusing on removal of tanks, excavation of soil under the tanks and at ore storage sites, placement of the first cover layer over the secondary impoundment and future demolition projects.

Although Cotter is removing the old mill buildings and equipment, company officials still are considering whether to build a new mill. Cotter Corp. continues to be a licensed mill, but has been inactive since 2005.

"We have been doing lots of operational studies to see if we can get back into operation. The old equipment needs to be disposed of so we can build an all-new mill," Cotter Mill Manager John Hamrick said last month.

The state and Cotter have further delved into trying to estimate total cost of demolition, excavation of soils, groundwater remediation and reclamation of the entire mill site at some point in the future under requirements of both the mill's license and the Remedial Action Plan that is part of the Superfund cleanup process.

Cotter has estimated the total cost to be $23.2 million and the state estimates the cost to be $42.8 million, a difference of about $19.6 million.

Cotter officials "provided a well-researched and earnest estimate of what they believe the financial assurance warranty should be," state officials came up with a much higher number, according to a draft decommissioning funding plan released Wednesday. "The department believes a few key areas are under-valued and has proposed the higher limits," according to the draft plan.

Specifically, state health officials said they believe the volume of soil to be cleaned up will be much higher. In addition, state officials believe the scope of groundwater cleanup will change due to a new contamination plume discovered in 2008 under the neighboring Shadow Hills Golf Course.

State officials also point out that the time needed to dewater and close the site will take longer than Cotter officials estimate.

"The department acknowledges that a significant uncertainty exists in these estimates. By their nature, financial assurance estimates should be conservative, however, they should also be realistic," according to the draft plan.

Now state health officials want the public to weigh in on the plan as well.

"Public comments are requested by Nov. 24," said Steve Tarlton, manager of the state's radiation control program. "Following consideration of the public comments, a final decommissioning funding plan will be completed."

The draft decommissioning funding plan can be viewed at http://www.cdphe.state.co.us/hm/cotter/index.htm. Public comment will be accepted through Nov. 24.

Comments should be faxed to 303-759-05355 or mailed to Steve Tarlton, manager, Radiation Control Program, Colorado Department of Public Health, 4300 S. Cherry Creek Dr., Denver, CO 80246-1530. E-mail comments also can be sent to steve.tarlton@state.co.us

Cotter sues Colorado over mine-cleanup order

Thu, 07 Oct 2010 19:21:00 +0000

Owner of uranium-tainted mine defies Colorado's cleanup orders, finesCotter Corp. has sued a state board, claiming regulators exceeded their authority in ordering a cleanup of a contaminated Cotter uranium mine in Jefferson County.

The lawsuit, recently filed in Denver District Court, accuses Colorado's Mined Lands Reclamation Board of abusing its discretion when it ordered Cotter to pump out and treat uranium-tainted water that inspections have shown to be rising toward the rim of Cotter's defunct Schwartzwalder mine. The mine is northwest of Golden along Ralston Creek, upstream from a Denver Water reservoir that supplies drinking water to 1.3 million metro-area residents.

At issue is whether state regulators had enough evidence to order the cleanup and impose fines. Cotter is seeking a judge's order to reverse both of those actions.

"We continue to be very concerned over Cotter's failure to address the serious problems at Schwartzwalder," said Bob Randall, deputy director of the Colorado Department of Natural Resources, which oversees the mining board. "We're monitoring the situation closely to ensure that the public's drinking-water supply is safe."

Cotter officials did not return calls seeking comment.

The lawsuit is the latest step in a standoff between Cotter and the state. Regulators have moved to increase a $55,000 fine against Cotter for failing to comply with cleanup orders.

Since April, they've repeatedly ordered Cotter, a subsidiary of San Diego-based General Atomics, to pump and treat toxic water filling the mine along Ralston Creek. The creek, which flows into Denver Water's Ralston Reservoir, contains uranium at levels far exceeding health standards for drinking water.

Cotter in July began pumping contaminated water from surface alluvial ponds along the creek. But the most- contaminated water in the 2,000-foot- deep mine shaft is untouched.

Cotter contends the water in the mine shaft is not connected to groundwater. State mining regulators argue that water in the mine is connected to groundwater and the creek.

Bruce Finley: 303-954-1700 or bfinley@denverpost.com

Read more: Cotter sues Colorado over mine-cleanup order - The Denver Post http://www.denverpost.com/search/ci_16273495#ixzz1250YRQ9D