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Cheryl Linden, Esq. <br />June 21, 2010 <br />Page 4 <br />Closure and Reclamation, prepared for Cotter Corporation by Whetstone <br />Associates in November 2007; Steve Level Adit Bulkheads, As-Built <br />Documentation Package, prepared for Cotter Corporation by Mining & <br />Environmental Services on March 16, 2008; and the Environmental Protection <br />Plan, prepared by Whetstone Associates in 2009. <br />Cotter has implemented extensive reclamation, including removal of uranium <br />contaminated soils associated with an historic pond in 2001, consolidating, <br />recontouring, and revegetating the waste rock piles, and bulkheading the adits. <br />On December 18, 2007, DRMS approved Technical Revision No. TR-09, <br />which addresses the hydrologic sealing of the Steve Level adits (see <br />Attachment 1). Pursuant to this Technical Revision, Cotter installed upgraded <br />bulkheading of the Steve and Pierce adits. The purpose of bulkheading was to <br />contain any possible discharge from the mine pool. The fact that DRMS <br />approved this procedure clearly indicates that DRMS has approved containment <br />of the mine pool. <br />In addition, the EPP discussed further plans to minimize disturbance, including <br />the following: <br />CDPHE has approved the decommissioning plan for RML, <br />termination, which includes ... (3) excavating up to 5,000 cubic <br />yards of contaminated alluvial fill in the waste water treatment <br />plant license area (RMI., area 2) and disposing it in Minnesota <br />portal, and (4) potentially excavating additional contaminated <br />alluvial fill source material within or outside of RMI, area 2 and <br />disposing it in Minnesota portal .... The removal of <br />contaminated soils (3 and 4) is expected to reduce the source of <br />chemical loading to alluvial groundwater, .... <br />EPP at 15-10. DRMS' May 19, 2010 letter, entitled "Schwartzwalder Mine, <br />Jefferson County, Permit No. M-1977-300, Designated Mining Operation <br />Environmental Protection Plan, TR-11, Adequacy Review #2," and its June 15, <br />2010 letter entitled "Schwartzwalder Mine, Permit No. M-1977-300, Technical <br />Revision "1'R-12 Adequacy Review," requires testing and investigation before <br />0478373 0 den