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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY /L <br />Department of Natural Resources Cf U.Z? ai"It 4 <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />-ro <br />14 December 2010 <br />Mr. Randy Whicker <br />Health Physicist / RSO <br />Cotter Corporation <br />P.O. Box 1750 <br />Canon City, CO 81215 <br /> <br />COLORADO <br />D IV IS I ON OF <br />RECLAMATION <br />MINING <br />- SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Re: Schwartzwalder Mine, Permit No. M-1977-300, Designated Mining Operation Environmental <br />krotection Plan, Amendment AM-02, Adequacy Review <br />Dear Mr. Whicker: <br />The Division of Reclamation, Mining and Safety (Division) has completed its adequacy review of the <br />Designated Mining Operation Environmental Protection Plan (EPP) for Cotter Corporation's (Cotter or <br />Operator) Schwartzwalder Mine submitted 31 July 2010 as Amendment AM-02. DRMS has concluded <br />that the EPP as submitted does not provide adequate environmental protections as required under Hardrock <br />Rules 3.1.5, 3.1.6, 3.1.7, and 6.4.21. Cotter must provide the additional information requested below before <br />the Division can provide a decision on the EPP. <br />1) Rule 6.4.21 (1) - Compliance with the Provisions of the Act and Rules <br />The operator is under a Mined Land Reclamation Board (Board) Order, issued 11 August 2010, to <br />"Reinitiate mine dewatering and water discharge treatment sufficient to bring the mine water table to a <br />level at least 500 feet below the Steve Level, and sufficient to reestablish a hydraulic gradient away <br />from Ralston Creek." The operator must therefore proceed with the following: <br />A) Begin implementation of mine dewatering. This must be performed under a Technical Revision <br />(TR), to be submitted no later than 30 days after the date of this letter (which will be 13 January 2011), <br />which includes at a minimum the following components: <br />(1) A plan and schedule for setting the necessary pump(s) in the mine pool sufficient to draw down <br />the mine pool at a rate that creates the required hydraulic gradient within a reasonable time to be <br />approved by the Division. The plan should specify the route(s) of access for setting the pump(s), <br />whether via the underground workings to install the pump(s) from the underground, or by drilling <br />and intercepting the mine pool from ground surface and installing the pump(s) from above. <br />(2) If access for pump installation is to be gained via the underground, the operator must include in <br />the aforementioned plan construction details and a schedule for either excavating a new portal or <br />refurbishing an existing one, and refurbishing the underground workings as needed to allow safe <br />access and ventilation. If solicitation of one or more Request-for-Proposals (RFP) is to be included <br />as part of the plan, then the specifics of the solicitations including review, startup, timelines, and <br />deliverables will be subject to review and approval by the Division. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines