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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE REQUEST FOR EXTENSION OF THE DECISION <br />DATE BY COTTER CORPORATION, Permit No. M- 1979 - 094 -HR <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />December 11, 2013 in Denver, Colorado as a consent agenda item to consider the <br />request for an extension of the decision date by Cotter Corporation ( "Operator "), <br />permit number M- 1979 - 094 -HR. <br />The Board, being fully informed of the facts in this matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. On October 1, 2012, the Operator submitted an amendment <br />application (AM -1) for the JD -7 Pit to incorporate an Environmental Protection <br />Plan ( "EPP ") into the permit. The Division of Reclamation, Mining and Safety <br />( "Division ") deemed Amendment AM -1 complete for the purposes of filing on <br />October 26, 2012. <br />2. The Division received a timely objection to AM -1 from the Information <br />Network for Responsible Mining. The Division and the Operator agree that <br />additional time is necessary to adequately address outstanding adequacy review <br />issues beyond the 365 -day limit imposed by Rule 1.4.1(9) of the Mineral Rules and <br />Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal, <br />and Designated Mining Operations. <br />3. In September 2013, the Board approved the Operator's request for an <br />extension of the decision date to January 8, 2014. <br />4. The Operator requests additional time, through February 21, 2014, to <br />address outstanding adequacy issues. The Division believes that such extension <br />will allow adequate time to address the current adequacy issues and finish the <br />review process in order to bring the matter before the Board in February 2014. The <br />Division recommends that the Board grant the request to extend the decision date. <br />CONCLUSIONS OF LAW <br />5. The Board has jurisdiction over this matter pursuant to the Colorado <br />Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2013). <br />