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method selected for analysis of each parameter shall be the one that can measure the lowest detected limit <br />for that parameter. Cotter shall report the results of the monthly monitoring to the Division within seven <br />() calendar days of receipt of the results. Cotter shall continue the monthly monitoring until closure of <br />this Order or until such time as the Division issues written notice modifying the requirement or written <br />notice that the monitoring may cease. <br />27. Within thirty (30) calendar days of receipt of this Order, Cotter shall provide the Division with a written <br />certification that it has ceased the unauthorized discharge of pollutants to Ralston Creek. If Cotter is <br />unable to cease the unauthorized discharge of pollutants from the Facility into Ralston Creek, Cotter shall <br />alternatively submit, with thirty (30) calendar days, a detailed written plan and expedited time schedule for <br />the implementation of interim measures that Cotter has, or will, implement to reduce or irntigate the <br />concentrations of pollutants in the unauthorized discharge. The interim measures shall consider, but not <br />be limited to, reinitiating pump back operations from Sump Number One to an upper sump to xcverse the <br />flow of groundwater in the alluvial fill such that the groundwater is not flowing into the surface water of <br />Ralston Creek and/or initiating active remediation of the alluvial fill/alluvial groundwater to prevent <br />further discharge of pollutants to Ralston Creek. Implementation of the interim measures shall continue <br />until such time as the discharge has ceased or coverage for the discharge under a CDPS permit has been <br />obtained. The submitted plan and time schedule shall become a condition of this Order and Cotter shall <br />comply with the plan and time schedule, as submitted, unless notified by the Division in writing that an <br />alternate plan or schedule is appropriate. If the Division imposes an alternate plan or schedule, it shall <br />also become a condition of this Order. <br />28. If Cotter is unable to cease the unauthorized discharge of pollutants from the Facility to Ralston Creek, <br />and consistent with direction from the Colorado Division of Reclamation, Mining, and Safety ("DRMS' ), <br />Cotter shall: <br />a. Reinitiate a water treatment system to treat all water that reports to Sump Number One as soon as <br />possible, but no later than July 31, 2010. <br />b. Reinitiate mine dewatering and water discharge treatment sufficient to bring the mine water table <br />to a level at least 500 feet below the Steve Level, and sufficient to reestablish a hydraulic gradient <br />away from Ralston Creek. Implementation must occur as soon as possible, but no later than July <br />. 31, 2010. <br />C. Ensure that all discharges from the water treatment systems described in (a) and (b) above are <br />made in compliance with the Water Quality Control Act, its implementing regulations, and an <br />applicable CDPS permit. <br />29. By August 31, 2010, Cotter shall submit to the Division a detailed written description and time schedule <br />outlining Cotter's plan for the long term management of pollutant sources and pollutant discharges from <br />the Facility to state waters. The submitted plan and time schedule shall become a condition of this Order <br />and Cotter shall comply with the plan and time schedule, as submitted, unless notified by the Division in <br />writing that an alternate plan or schedule is appropriate. If the Division imposes an alternate plan or <br />schedule, it shall also become a condition of this Order. <br />Cotter Corporation - Schwartzwalder Mine <br />Notice of Violation/Cease and Desist Order <br />Page 4 of 7