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<br />Comments Submitted by Denver Water <br />August 20, 2010 <br />Revised Assessment and Re-issuance of Permit <br />Denver Water appreciates the Division's quick response and speed at which this very <br />important permit was drafted. Since the draft permit was issued, a number of <br />developments have occurred. As discussed further below, the Mined Land Reclamation <br />Board issued a July 12, 2010 Corrective Action pertaining to the Schwartzwalder Mine, and <br />Cotter submitted a revised Environmental Protection Plan ("EPP") on July 31, 2010. Under <br />Friends of Pinto Creek v. United States Environmental Protection Agency, 504 F.3d 1007 <br />(9th Cir. 2007) (the "Carlota" decision), which is attached hereto as Attachment A, these <br />changed circumstances require that the Division withdraw, revise and reissue the draft <br />permit for public comment. The permit will allow a discharge for the purpose of attainment <br />of water quality goals based on circumstances, which have changed substantially. <br />Therefore, there is not enough information contained in the current draft permit, or water <br />quality assessment, to assure that the new effluent limits along with the pollutant loadings <br />from other sources documented in the EPP will be able to bring the segment into compliance <br />with applicable water quality standards. <br />Mined Land Reclamation Corrective Action. <br />On July 12, 2010, the Mined Land Reclamation Board ordered the following corrective <br />actions: (1) 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; (2) reinitiate mine <br />dewatering and water discharge treatment sufficient to bring the mine water table to a level <br />at least 500 feet below the Steve Level and sufficient to reestablish a hydraulic gradient <br />away from Ralston Creek. Implementation must occur as soon as possible, but no later <br />than July 31, 2010; (3) provide financial warranty, per Rule 4.2.1(4), sufficient to assure <br />the protection of water resources, including costs to cover necessary water quality <br />protection, treatment, and monitoring; and (4) submit a permit amendment to address the <br />EPP and associated financial warranty. At a minimum, Cotter will require a discharge permit <br />for all water pumped from Sump Pump Number One. Cotter is also currently making <br />discharges of water from the Schwartzwalder Mine, for which a permit is likely required, and <br />may require additional permits for discharges that will result from the dewatering of the <br />mine. Additional permits are likely required for the discharges identified in the Revised EPP. <br />Page 2 of 8