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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866.3567 <br />FAX: (303) 832-8106 <br />July 22, 2009 <br />Mr. Craig Harlin <br />Director, Regulatory Affairs <br />T Cotter Corporation <br />P.O. Box 3208 <br />Muskogee, OK 74402 <br />RE: Cotter Corporation - Schwartzwalder Mine, File No. M-1977-300 <br />Water Quality Compliance Issues <br />Dear Mr. Harlin: <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />- SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining, & Safety (DRMS) recently received from the Colorado <br />Department of Public Health & Environment a copy of the Schwartzwalder Mine Annual and <br />Semiannual Effluent Report for 2nd Half 2008. Based on data presented in the report, DRMS believes <br />that water quality degradation at the Schwartzwalder Mine is critical and may be approaching <br />conditions requiring emergency response under §34-32-124.5 CRS. The water quality standard of 30 <br />gg/L has been exceeded at increasing frequency and at multiple surface and ground water monitoring <br />locations since mine dewatering ceased in May 2000. <br />DRMS therefore requests a meeting with Cotter Corporation and its representatives at your earliest <br />convenience so that we may discuss mitigation options. Potential mitigative options may include <br />treatment of mine pool water in conjunction with pumping to draw down the mine pool, and <br />remediation of potentially uranium-contaminated alluvium in the mine area. <br />Please contact me at (303) 866-3567 x8108 as soon as possible so that we may schedule the meeting. <br />Sincerely, <br />David Bird <br />Environmental Protection Specialist <br />cc: Susan Wyman - Whetstone Associates <br />Edgar Ethington - CDPHE <br />David Berry - DRMS <br />Tony Waldron - DRMS <br />Office of Office of <br />AAinM 1 and Ra lmmntinn flon+iar • (:ronrl Illnrtlnn rl-n- A-4- -A 1- ;..n AA:-