2010-07-22_REVISION - M1977300 - Laserfiche WebLink

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Hohne Roberts & Owen LLP® Attorneys at Law Cheryl Linden, Esq. July 22, 2010 Page 2 level at least 500 feet below the Steve Level, and sufficient to reestablish a hydraulic gradient away from Ralston Creek. Implementation must occur as soon as possible, but no later than July 31, 2010 .... On June 1, 2010, Cotter submitted a technical revision ("TR") request, which agreed to paragraph 1, called Corrective Action #1, and proposed an alternative course of action to the action set forth in paragraph 2. That request is now referred to as TR-12. On June 21, 2010, Cotter submitted a response to a May 21, 2010 letter from DRMS, entitled "Notice of a Reason to Believe a Violation Exists at the Schwartzwalder Mine." In that response, Cotter set forth substantiation for its position that DRMS is not justified in requiring mine dewatering and mine water treatment. That response also specifically stated that, under the applicable regulations, a technical revision cannot be used to require mine dewatering and mine water treatment because a corrective action of this magnitude is not "a change in the permit or an application, which does not have more than a minor effect upon the approved or proposed Reclamation or Environmental Protection Plan." See 2 CCR 407-1 Rule 1.1(52). On June 22, 2010, Tony Waldron advised John Hamrick that DRMS wished to separate out the mine pool issue from TR-12 in order to allow approval of Corrective Action #l, and suggested a 30-day extension of the DRMS deadline to act on TR-12 with respect to the mine pool issue, which would have required DRMS to act on the mine pool issue by July 30. On June 25, 2010, Cotter submitted to DRMS a Rationale for Not Conducting Mine Dewatering and Mine Water Treatment at the Schwartzwalder Mine, by Susan A. Wyman, P.E., P.G., Whetstone Associates ("Rationale"). On June 28, 2010,1 spoke to you about the mechanism to obtain approval for Corrective Action #l. You stated that, despite Mr. Waldron's statement to Mr. Hamrick requesting that Cotter provide an extension until the end of July for #1484743 vi den