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One might ask why installing pumps is such a difficult technical challenge today, <br />when the mine was successfully dewatered for over 40 years during operations. <br />While the mine was operating, dewatering occurred in stages as the mine was <br />advanced. In the final years, at the maximum extent of the mine, water was <br />collected on the 19 Level, pumped to the 7 level, and then pumped to the surface. <br />Piping was in place to convey water up from the workings, out the Steve Level <br />adit, to the water treatment plant. Those pumps and piping are no longer in place, <br />and the mine is flooded and inaccessible below the Steve Level. <br />For these reasons, Cotter requests that the Board reconsider its Order, and find that the <br />evidence does not support mine dewatering and treatment or the amount of penalties imposed on <br />Cotter. <br />// vt <br />day of September, 2010. <br />Respectfully submitted this <br />HOLME ROBERTS & OWEN LLP <br />By: 61? / <br />Charlotte L. Neitzel, #10994 <br />Robert Tuchman, #13507 <br />1700 Lincoln Street, Suite 4100 <br />Denver, CO 80203 <br />charlotte.neitzel@hro.com <br />robert.tuchman@hro.com <br />Phone: (303) 861-7000 <br />Fax: (303) 866-0200 <br />Attorneys for Respondent <br />Cotter Corporation (N.S.L.) <br />10 <br />#1493118 A den