2013-04-08_REVISION - M1977300

• Permit No: M1977300
• IBM Index Class Name: REVISION
• Doc Date: 4/8/2013
• Doc Name: Response to Adequacy Reviews.
• From: Cotter
• To: DRMS
• Type & Sequence: AM4
• Email Name: TAK
• Media Type: D
• Archive: No

Cotter
April 5, 2013
Mr. Tom Kaldenbach
Division of Reclamation, Mining and Safety
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, Colorado 80203
Dear Mr. Kaldenbach:
This letter responds to certain questions in the letter of the Division of Reclamation, Mining, and
Safety ("DRMS "), dated August 29, 2012, as modified by the letter of DRMS, dated February 22,
2013, providing a preliminary adequacy review ( "PAR ") on the submission of Cotter Corporation
(N.S.L.) ("Cotter ") of an amendment ( "AM -04 ") to the Schwartzwalder Mine Permit M -1997-
300. These questions were not covered in the letters of Cotter, dated September 21, 2012 and
March 8, 2013. Specific point -by -point responses are given by Cotter below, following the
numbering used by DRMS in its August 29, 2012 and October 19, 2012 letters. Above each
response, the portion of the letter requesting the response is quoted in italics.
1. As an alternative to pumping down the mine pool to 500 feet below the Steve Level, DRMS will
consider approving a plan to pump the mine pool down to 150 feet below the Steve Level. The
Division would consider a plan for an immediate pump down of the mine pool to 150 feet and
maintaining the mine pool elevation at 150 feet throughout the in -situ treatment trial phase of
AM -04 An immediate pump down to 150 feet would reduce the mine pool to an elevation of
approximately 63 feet below Ralston Creek in the permit area (thus preventing mine pool flow
toward the creek), while also reducing the exposure of wall rock in the workings, compared to
pumping down to the 500 foot level (thus minimizing uranium oxidation in the workings).
Pumping down to 150 feet would be contingent on Cotter and DRMS and /or MLRB executing an
agreement that provides for Cotter withdrawing its pending appeal in the Colorado Court of
Appeals (Case Number 2012CA763), and the MLRB modifying its August 11, 2010 Order to
reflect the 150 -foot pump -down level. This change in the pump -down level would also require
Cotter to provide revised pages of the AM -04 submittal to reflect the 150 foot pump -down level.
On September 12, 2012, Cotter and DRMS entered into an agreement ( "Agreement "), which
provided for a 150 -foot pump -down level and a dismissal of the appeal in the Colorado Court of
Appeals. On September 18, 2012, the Mined Land Reclamation Board ( "MLRB ") modified its
August 11, 2010 order ( "August 2010 Order ") consistent with the Agreement. The Colorado
Court of Appeals has dismissed the appeal. On September 21, 2012, Cotter provided a partial
response to the PAR, which included steps to initiate mine dewatering. On March 8, 2013, Cotter
also provided a response to adequacy review round 2, dated October 19, 2012, and adequacy
review 3, dated February 22, 2013, in which DRMS stated that concurrent pump -down of the
mine pool and in -situ treatment are acceptable. Upon DRMS's approval of Cotter's plan for
accelerated dewatering in conjunction with in -situ treatment set forth in Cotter's responses, Cotter
will revise the appropriate pages of AM -04 to reflect the 150 -foot pump -down level.
2. Please revise Figure 18 of Exhibit E to provide for concurrent initiation of mine pool pumping
and in -situ treatment.
Cotter Corporation Telephone [phone]
7800 E. Dorado Place, Suite 210, Greenwood Village, CO 80111 Fax [phone]