2010-08-27_GENERAL DOCUMENTS - M1977300

• Permit No: M1977300
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 8/27/2010
• Doc Name: AMENDMENT NUMBER TWO- Notice of Violation/Cease and Desist Order, IO-100601-1.
• From: CDPHE
• To: Cotter Corp.
• Permit Index Doc Type: Gen. Correspondence
• Email Name: DB2
• Media Type: D
• Archive: No

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STATE OF COLORADO
Bill Ritter, Jr., Governor
Martha E. Rudolph, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Deriver, Colorado 80246-1530
Phone [phone]
TDD Line [phone]
Located in Glendale, Colorado
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6828
[phone]
httpJ/www.cd1phe.state,oD.us
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Colorado Department
of Public Health
acid Environment
Mr. Gus M. Gaviods, Registered Agent ? August 27, 2010
/ Cotter Corporation (Schwartzwalder Mine)
7800 E. Dorado Place, Suite 210
Greenwood Village, Colorado 80111
RE: AMENDMENT NUMBER TWO - Notice of Violation/Cease and Desist Order, Number: I0-100601-1
Dear Mr. Hamrick:
The Colorado Department of Public Health and Environment's Water Quality Control Division (the
"Division") issued Notice of Violation/Cease and Desist Order, Number: I0-100601-1 (the "NOV/CDO"), to
Cotter Corporation on June 1, 2010. Paragraph 28.b. of the NOV/CDO required Cotter Corporation to
reinitiate mine dewatering and water discharge treatment sufficient to bring the mine water table to a level at
least 500 feet below the Steve Level. On July 30, 2010, the Division received a letter from Cotter Corporation
requesting that paragraph 28.b. be deleted from the NOV/CDO. On August 11, 2010, the Colorado Mined
Land Reclamation Board ("NLRB") issued Notice of Violation No. MV-2010-018 to Cotter Corporation,
which included a requirement for Cotter Corporation to reinitiate mine dewatering and water discharge
treatment sufficient to bring the mine water table to a level at least 500 feet below the Steve Level.
Due to the MLRB's parallel requirement, the State's desire to utilize limited government resources efficiently
and to limit or minimize duplicative effort upon Cotter Corporation, the Division hereby amends the
NOV/CDO to remove paragraph 28.b. However, nothing in this Amendment Number Two shall preclude the
Division from re-imposing this requirement or imposing additional requirements in the event that new
information is discovered that indicates such requirements are necessary to protect human health or the
environment.
The scope of this Amendment Number Two to the NOV/CDO is limited to the provisions and/or conditions
outlined above. All other terms, conditions, and requirements of the NOV/CDO remain unchanged and in
effect. If you have any questions, please contact Michael Harris at [phone] or by electronic mail at
[e-mail].
Sinc rely,
S,cr7?r1. Grp
Lori M. Gerzina, Mana
Compliance Assurance Section
WATER QUALITY CONTROL DIVISION
cc: Jerry Goad, Colorado Attorney General's Office
Charlotte Neitzel, Holme Roberts & Owen LLP
John Hamrick and Randy Whicker, Cotter Corporation
Tony Waldron, DRMS