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5) DENVER WATER <br />Sent Via U.S. Mail and Email <br />Mr. Michael A. Cunningham <br />RECEIVED <br />DEC 0 8 2017 <br />DMSION OF RECLAMATION <br />MINING AND SAFETY <br />December 4, 2017 <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />Colorado Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Succession of Operators <br />County, Colorado <br />Dear Mr. Cunningham: <br />1600 west 12th ave <br />Demer. CO 80204-3412 <br />303.628 6000 <br />demerwnter org <br />Schwartzwalder Mine (M-1977-300), Jefferson <br />On behalf of Denver Water, I am sending you this letter concerning Cotter Corporations <br />("Cotter") October 11, 2017 request for transfer and succession of Permit M-1977-300 to newly <br />formed Colorado Legacy Land, LLC. <br />Denver Water encourages the Division of Reclamation, Mining and Safety ("DRMS") to deny <br />Cotter's application for transfer of Permit M-1977-300 to Colorado Legacy Land without <br />additional information. DRMS should also consider increasing the financial warranty for the <br />permit sufficient to provide for the reclamation and long-term treatment of the Schwartzwalder <br />mine pool and adjacent alluvial aquifer. <br />Uranium in the Schwartzwalder mine pool and the alluvial aquifer contributes to the uranium <br />concentrations in Ralston Creek via the Illinois fault zone and other tributary connections. The <br />U.S. Geological Survey has determined the Illinois fault to be "highly complex" with the <br />potential "to be conduits for mine pool water to enter Ralston Creek." USGS Open File Report <br />2011-1092. Water quality data from the alluvial aquifer also demonstrate a connection between <br />uranium concentrations in Ralston Creek and in the alluvial aquifer. (Attachment A, Figure 2.) In <br />addition, it is worth noting the numerous recent exceedances of the Maximum Contaminate <br />Level ("MCL") for surface water samples as shown by the recent data trends. (Attachment A, <br />Figure 1 & 2.) <br />Denver Water currently serves drinking water to 1.4 million customers in the City and County of <br />Denver and surrounding suburbs. Denver Water owns and operates Ralston Reservoir, an on - <br />Page] of 3 <br />