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Also, Cotters states in its EPP that while the sumps were in operation, only <br />two seeps existed. Whetstone Report at p. 9-26. Now there are "numerous seeps" at <br />the contact between the alluvium and bedrock along the access road below the mine <br />property; Cotter has not monitored these seeps. Id. <br />Drawing down the mine pool provides a two-fold solution. First, it would <br />immediately address on-going impacts by the mine pool to Ralston Creek by creating <br />a hydraulic gradient away from Ralston Creek. Second, drawing down the mine pool <br />provides certainty that the mine pool will not be in communication with drinking <br />water resources by pathways that are currently unidentified. Given that Ralston <br />Creek feeds a drinking water source for Denver and Arvada certainty that the <br />violation is being addressed is required. The only corrective action to provide <br />certainty is drawing down the mine pool. <br />For the reasons stated herein and at the Board's hearing on this matter and <br />based on the permit file, the Division respectfully requests that the Board find Cotter <br />in violation as alleged by the Division and that the Board impose the Division's <br />requested corrective actions, specifically including mine dewatering. In addition, the <br />Division requests that the Board impose the maximum amount of civil penalties for <br />these violations. The Division reserves the right to present additional evidence at the <br />Board's hearing on July 12, 2010. <br />JOHN W. SUTHERS <br />Attorne General <br />CTIERYCO NDEN, 14185, <br />First Assistant Attorney General <br />PETER HACK, 34430 <br />Assistant Attorney General <br />Resource Conservation <br />Natural Resources <br />Attorneys for Division of Reclamation <br />Mining & Safety <br />1525 Sherman Street, 7th Floor <br />Denver, Colorado 80203 <br />Telephone: 303-866-5127 <br />FAX: 303-866-3558 <br />E-Mail: Cheryl. linden(alstate.co.us <br />peter.hack`c state.co.us