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d bz ~~ <br />®~ <br />cotter <br />vAUG ~ 0 2007 <br />August 24, 2007 <br />David A. Bird <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 215 <br />Division o: reclamation, <br />Mining and Safety <br />File <br />Dear Mr. David Bird: <br />of <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />Fax: (303)832-8106 <br />Please accept this appeal notice on behalf of the Cotter Corporation. The notification <br />received from your office states the determination is based on Rule 1.1(14) of the <br />Regulations. The concern listed is that "toxic or acid-forming material will be exposed <br />or disturbed as a result of mining operations." There are currently no mining operations <br />in progress and there are no plans for mining operations in the future for the <br />Schwartzwalder Mine. The companies' objective for the Schwartzwalder is reclamation <br />and decommission. The Schwartzwalder Mine is currently regulated for controls of <br />radioactive materials (RML 369-03) by the Colorado Department of Public Health and <br />Environment; under the Hazardous Materials and Waste.Management Division. The <br />Schwartzwalder Mine also possesses a Colorado Discharge Permit (M-77-300) and a <br />Storm Water Permit for Discharges Associated with Metai Mining (COR-040046} issued <br />by the Water Quality Control Division; both of which regulates any water that may be <br />potentially released. <br />I would like to reiterate: The only operations planned for the Schwartzwalder consist of <br />reclamation and decommissioning. There are no plans now or in the future to implement <br />any mining operations or activities on site. <br />The Cotter Corporation would request the Division of Reclamation, Mining and Safety to <br />reconsider the determination of DMO status for the Schwartzwalder Mine based upon <br />there are no mining operations currently taking place nor are there future plans for mining <br />operations for the Schwartzwalder. The Cotter Corporation would also like the Division <br />to take into consideration the Schwartzwalder Mine is currently regulated by two state <br />divisions that are very familiar with regulating entities concerning the handling and <br />control of radioactive materials and water treatment. <br />Please contact me with any questions, concerns, or thoughts on how to handle this matter. <br />Sincerely,..:~~. - - ,. <br />- 'I, - <br />Amy,!Thurlkill. , . - _ -,,.r :.:.; - <br />1Vlanager of Environmental,. Health & Safety , , <br />Cgtjer ~Q(Eoration Telephone (720) 554-6200 <br />7813I(E-Dorado Place, Suite 210, Greenwood Village, CO 80111 Fax (720) 554-6201 <br />