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Cotter has committed to storage of ore on the ore pad for no more than 180 days during mining. <br />They have also committed to removing all ore from the site within 30 days of the date that mining <br />ceases. The Division considers these limitations to be adequate. <br />In their Response to Adequacy Review 1, which was received by the Division on April 15, 2013, <br />the Operator committed to installing a 30 -mil synthetic liner under the ore pad area and cover the <br />liner with 12 inches of clay material to protect its integrity. Pursuant to Rule 7.3.1 the Operator <br />will be required to provide "as- built" certification of the ore pad. Construction of the ore pad will <br />be monitored by the Division as well. <br />3. "Cotter proposes building a new access road to the SR -11 portal. This does not appear <br />necessary at all, considering the existing access road is nearby." <br />Division Response <br />The access road to the portal was built in 2005. The Operator has committed to using existing <br />roads as much as possible and will construct new roads only as necessary and will be submitted in <br />revision form if such arises. <br />4. "Current stormwater management features at the SR -11 appear to be inadequate and problems <br />with erosion and rilling have been noted in multiple inspection reports. " <br />Division Response <br />A Drainage Design Plan has been incorporated into the EPP through this AM -1 application. The <br />Operator has committed to implementing the plan upon re- opening of the mine. The most recent <br />Division inspections of the site, which occurred in 2005, 2006, 2010, 2011 and 2012, have not <br />noted any concerns related to stormwater management, erosion or sedimentation that would <br />warrant installation of additional stormwater management features at this time. These <br />commitments meet the requirements of CRS 34 -32 -116 (7) (g) and Rules 3.1.6 and 6.4.21 (10). <br />5. "The SR -11 is located in a sensitive area that is both winter range and severe winter range <br />habitat for mule deer and elk, and mining in :pacts these species. Operations should not be <br />allowed between December and March. The mine may be used by hibernating bats, as there are <br />ten bat species in the region, including Thompson's Big Eared Bat, which is a BLM sensitive <br />species and species of concern in Colorado. Cotter should develop a protocol for how to <br />protect potential bat habitat and prevent disturbances to hibernating and roosting bat. In <br />addition, the Dolores River herd of bighorn sheep heavily depend on and utilize the adjacent <br />Summit Canyon area at all times of the year.....the mine's operating plan should be carefully <br />scrutinized to make sure that the bighorn will not be adversely affected" <br />Division Response <br />In matters regarding wildlife, the Division defers to Colorado Parks and Wildlife (CPW) as the <br />experts in addressing impacts to wildlife from mining operations. The Operator submitted CPW <br />comments, dated February 26, 2013, with the AM -1 application. <br />• CPW confirms that impacts to deer, elk and bighorn sheep should be minimal. <br />• CPW recommended that the Operator use existing roads to access the mine. The Operator <br />has committed to this. <br />• CPW did not express any concerns regarding the ore stockpile. <br />• There are no water features at the site. <br />• CPW made no recommendation to install bat gates at the site. However, the Operator has <br />committed to contacting CPW for recommendations regarding preferred mine opening <br />closure methods prior to final reclamation. <br />Page 3 of 4 <br />