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Project No.: 0317.02.005.520 Page 1 of 3

Project Name: DMR2013 CBI?

Yes

No

TELEPHONE CALL RECORD

Incoming

Outgoing

Date: 6/9/15 Time: 2:00 am

pm

Company Name: Colorado Department of Public Health & 

Environment

ERG Staff Name: Kimberly Bartell

Contact Name: Kelly Morgan Contact Phone Number: (303)692-3634

General Subject: 2013 DMR Radium-226 Discharges for JD-7 and JD-9 Mines (CO0036251)

TOPICS DISCUSSED AND ACTION TAKEN

Nathan Moore, Water Quality Control Division, Permits Section, Program Coordinator: 303-692-3555

Record Center: 303-692-3526

Abigail Ogbe: 303-692-2054

I called Nathan Moore on June 9 and he told me to contact the record center for copies of the DMRs and permit 

(303-692-3526) and to contact Abigail Ogbe, who was the permit writer for the facility (303-692-2054).

I called Ms. Ogbe on June 9 and left a message. She is part time and only in the office Wednesdays and 

Thursdays. 

I also called the record center on June 9. The contact stated he would send the NPDES permit via email. He also 

stated that the DMR data is uploaded directly to ICIS; he is not able to send me copies of the DMRs. 

Ms. Ogbe returned my call on June 10 and stated that she wrote the permit 5 years ago or so and does not 

routinely monitor the DMR Data. She stated that the best person to speak with would be the compliance group. 

Kristi Pickens (in charge of mines): 303-692-3584

Kelly Morgan (supervisor): 303-692-3634

On June 10, I called Christy Pickens and left a message. 

On June 17, I called Christy Pickens and left a message. I also called and spoke with Kelly Morgan. Ms. 

Morgan stated that she would look into the DMR data for the facility and get back to me. Ms. Morgan returned 

my call and stated that the radium discharge in September 2013 is correct. She stated that the state experienced 

a major flooding event in that month; therefore, the discharge is likely due to the high flow from the flood. The 

discharge is above their permit limit. Ms. Morgan stated that she would contact the facility directly about the 

issue and get back to me with their response. See attached email correspondence.

On June 22, Christy Pickens returned my call to make sure that someone had gotten back to me.
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Email Communication with Colorado DPH&E

From: Kelly Morgan (Kelly.morgan@state.co.us)

To: Kimberly Bartell

CC: Christy Pickens

Date: 06/29/15 10:50 AM

Subject: RE: Cotter Corp CO0036251 Sept 2013 permit violations

Hi KimberlyPlease see the attached letter from Cotter explaining the cause of the discharge event, associated exceedances, and photographs 

(although difficult to view) of the expanded pond and improved overflow pipe that Cotter installed in response to the event.

The discharge event and data is valid, however, the discharge was a result of the significant precipitation event that the state 

experienced in Sept 2013. Because this was a result of the flooding event, we will apply a NODI code "K" to the violations in ICIS.

Let me know if you have any questions.

Thanks

Kelly

--

Kelly Morgan

Environmental Protection Specialist

Enforcement Unit

P 303.692.3634 

4300 Cherry Creek Drive South, Denver, CO 80246

kelly.morgan@state.co.us | www.colorado.gov/cdphe/wqcd

24-hr Environmental Release/Incident Report Line: 1.877.518.5608

From: Kelly Morgan (Kelly.morgan@state.co.us)

To: jim.sheridan@cotterusa.com

CC: Christy Pickens

BCC: Kimberly Bartell

Date: 06/17/15 5:22 PM

Subject: CDPS permit CO0036251 – Sept 2013 DMR data and contact info

Hi JimAs we discussed, in September 2013 Cotter reported exceedances of the TSS, radium 226, and radium 226+ 228 permit effluent 

limitations at outfall 001B (JD7 mine waste dump). The flow values reported for this month also look odd- flow should be reported in 

MGD. Cotter did not provide an explanation of the exceedances with the DMR, nor did Cotter respond to the Compliance Advisory

that the division issued to Cotter in response to the exceedances. Please provide a written explanation of the non-compliance along 

with any other supporting documentation that Cotter thinks is relevant. Weather data, photographs, and daily logs documenting that 

the site was being properly operated and maintained will be important especially if this non-compliance is related to the September 

2013 flood event.

Also, we need Cotter to submit a change of contact form which is available at this link. We currently have Glen listed as the facility 

contact and Ken Mushinski listed as the DMR and legal contact.

Let me know if you have any questions. I'll look forward to hearing from you by next Thursday June 25th.

Thanks
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Kelly

--

Kelly Morgan

Environmental Protection Specialist

Enforcement Unit

P 303.692.3634 

4300 Cherry Creek Drive South, Denver, CO 80246

kelly.morgan@state.co.us | www.colorado.gov/cdphe/wqcd

24-hr Environmental Release/Incident Report Line: 1.877.518.5608