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NI-Ig7'1-30D <br />?ottei- <br />VIA EMAIL AND U.S. MAIL <br />July 27, 2010 <br />Colorado Department of Public Health and Environment? <br />j Water -Quality Control Division / WQCD-B2-CAS <br />Compliance Assurance Section <br />Attention: Michael Harris <br />4300 Cherry Creek Drive South <br />Denver, CO 80246-1530 <br />Email: michael.harris@state.co.us <br />Re: Notice of Violation/Cease and Desist Order Number: I0-00601-1 <br />Dear Mr. Harris: <br />Pursuant to your telephone call to Randy Whicker yesterday regarding paragraph 28.b of the <br />above-referenced Notice of Violation/Cease and Desist Order ("Order"), Cotter Corporation <br />(N.S.L.) hereby requests that paragraph 28.b be deleted from the Order, based on information <br />presented on behalf of Cotter during a June 15, 2010 meeting with the Water Quality Control <br />Division ("WQCD") and on the Rationale for Not Conducting Mine Dewatering and Mine Water <br />Treatment, by Susan A. Wyman, P.E., P.G., Whetstone Associates, submitted to the WQCD on <br />June 25, 2010. Cotter's understanding from two conversations with WQCD is that the WQCD <br />would make an independent decision regarding whether mine dewatering and mine water <br />treatment was appropriate. Cotter requests that WQCD make such a decision by deleting <br />paragraph 28.b. from the above-referenced Order. <br />Alternatively, Cotter requests an indefinite extension of the deadline in paragraph 28.b. in order <br />to allow the WQCD and Cotter to evaluate the effectiveness of the treatment of the alluvium <br />scheduled to begin by July 31, 2010. Paragraph 28 would then be revised to read: <br />If Cotter is unable to cease the unauthorized discharge of pollutants from the <br />Facility to Ralston Creek, ""d stent • ith dir-eefien from the r"'"""'" <br />Division of Reel...w.atioa, Mining, and Safer., Cotter shall: <br />a. Reinitiate a water treatment system to treat all water that reports to Sump <br />Number One as soon as possible, but no later than July 31, 2010, <br />consistent with direction from the Colorado Division of Reclamation, <br />Mining and Safety; <br />b. Reinitiate mine dewatering and water discharge treatment sufficient to <br />bring the mine water table to a level at least 500 feet below the Steve <br />Level, and sufficient to reestablish a hydraulic gradient away from Ralston <br />Creek, if determined in the future to be necessary after written notice from