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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />June 15, 2010 <br />Mr. Randy Whicker <br />Health Physicist / RSO <br />Cotter Corporation <br />P.O. Box 1750 <br />Canon City, CO 81215 <br />J ?COLORADO <br />DIVISION OF <br />0146 RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />James B. Martin <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Re: Schwartzwalder Mine, Permit No. M-1977-300, Technical Revision <br />TR-12 Adequacy Review <br />Dear Mr. Whicker: <br />The Division of Reclamation, Mining and Safety (Division) has completed the adequacy review of <br />Technical Revision TR-12 for Cotter Corporation's (Cotter) Schwartzwalder Mine in Jefferson <br />County. DRMS has concluded that the TR as submitted is inadequate and additional material as <br />specified below is required before the TR can be approved. <br />Item 1 <br />The item adequately addresses the issue of Sump Number One water treatment. The Cotter <br />response also references modifications intended to eliminate the need for water treatment. Any <br />such proposals must be addressed through the permit revision process. <br />Item 2 <br />In addition to the activities proposed, the Division requires Cotter to address the potentially serious <br />problem of the mine pool. Now that the cone of depression that formed due to mine dewatering <br />appears to have recovered (Figure 8-13 in Environmental Protection Plan), the subsequent <br />attainment of static conditions in the water table for a period of time should result in a reversal of <br />the ground water hydraulic gradient back toward the creek. Hydraulic communication from the <br />mine pool to locations downgradient is therefore inevitable, and the operator must prepare for that <br />contingency to prevent or minimize off-site migration of mine pool water. The current chemical <br />condition in the mine pool represents a significant disturbance to the prevailing hydrologic balance <br />and a potential violation of §34-32-116(7)(c), (g), (h), and (i) C.R.S. Therefore, the operator shall <br />comply with the requirements of the May 21, 2010 letter. As stated in the May 21, 2010 letter, the <br />operator must reinitiate mine water dewatering and water discharge treatment sufficient to bring <br />the mine water table to a level at least 500 feet below the Steve Level, and sufficient to reestablish <br />a hydraulic gradient away from Ralston Creek. Details of how that will occur must be included in <br />your response to this letter and implementation must occur as soon as possible, but no later than 31 <br />July 2010. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand )unction • Durango Active and Inactive Mines