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9. New paragraphs 30, 31, and 32 are incorporated, which read: <br />AMENDMENT NUMBER THREE <br />a. Paragraph 30. Cotter shall design and install a temporary diversion structure (e.g., pipeline) to <br />isolate Ralston Creek and control the hydrologic connection between contaminated alluvial <br />groundwater and surface water at the Facility. By no later than October 7, 2011, Cotter shall <br />submit to the Division a written plan and time schedule for the design and installation/construction <br />of the temporary diversion structure. Upon receiving construction approval from applicable <br />government agencies, specifically including the Colorado Division of Reclamation, Mining and <br />Safety ("DRMS"), Cotter shall immediately initiate measures to install/construct the temporary <br />diversion structure and shall, by no later than January 31, 2012, be diverting Ralston Creek stream <br />flows of 8 cubic feet/second or less through the diversion structure and past the Facility. The <br />submitted plan and time schedule shall become a condition of the Order and Cotter shall comply <br />with the plan and time schedule, as submitted, unless notified by the Division in writing that an <br />alternate plan or schedule is appropriate. If the Division imposes an alternate plan or schedule, it <br />shall also become a condition of the Order. <br />b. Paragraph 31. Cotter shall perform or ensure it has completed a thorough investigation of the <br />mine site to identify all areas of pollutant source material at the Facility, if necessary, and unless <br />Cotter believes it has already performed such investigation. Within ninety (90) calendar days of <br />the date of this amendment, Cotter shall submit to the Division and DRMS a written summary of <br />the findings of the investigation and a plan and time schedule for the aggressive characterization <br />and removal or containment of all identified or known groundwater or surface water pollutant <br />sources at or associated with the Facility, as necessary eliminate unauthorized pollutant discharges <br />to surface water and groundwater. At a minimum, this should include a specific time schedule for <br />the identification and removal of all materials within the Pad that are uncontained and/or <br />contributing to the exceedance of water quality standards, and the characterization and <br />containment or removal of materials associated with the historic waste piles at the Facility that are <br />uncontained and/or contributing to the exceedance of water quality standards. The submitted plan <br />and time schedule shall become a condition of the Order and Cotter shall comply with the plan and <br />time schedule, as submitted, unless notified by the Division in writing that an alternate plan or <br />schedule is appropriate. If the Division imposes an alternate plan or schedule, it shall also become <br />a condition of the Order. <br />c. Paragraph 32. Cotter shall perform a detailed evaluation of the alluvial groundwater capture and <br />treatment system implemented at the Facility to identify possible enhancements that could result in <br />more efficient ancUor complete capture and treatment of contaminated groundwater at the Facility. <br />The evaluation should include, at a minimum, a review of possible enhancements and/or <br />alterations that may become necessary or warranted as a result of the installation of the temporary <br />diversion structure required by paragraph 3.0 above, and upon the aggressive removal and/or <br />containment of pollutant source material required by paragraph 31 above. Within two hundred and <br />ten (210) calendar days of the date of this amendment. Cotter shall submit to the Division and <br />DRMS a written report on the findings of the evaluation and either 1) a written plan and time <br />schedule for the implementation of the enhancements and/or alterations to the alluvial capture and <br />treatment system, or 2) a justification for why the enhancements and/or alterations are not <br />necessary or warranted. The written plan and time schedule shall become a condition of the Order <br />Cotter Corporation - Sehwartzwalder Mine <br />Amendment Number Three <br />Notice of Violation / Cease and Desist Order, Number. 10-100601-1 <br />Page 4 of 5 <br />