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^i <br /> C� V <br /> n� <br /> J <br /> CarterTC01 M-1978-116 <br /> ✓ Complied! Recev je® <br /> July 31, 2017 I)MC <br /> GRNI AUG 022017 <br /> Mr. G. Russell Means <br /> Senior Environmental Protection Specialist AO NOF MATION <br /> Colorado Division of Reclamation, Mining and Safety SAFETy <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Re: SM-18 Mine, Permit No. M-1978-116,Notice of Temporary Cessation <br /> Dear Mr. Means: <br /> Pursuant to Colorado Hard Rock, Metal, and Designated Mining Operations Rule 1.13.5 and <br /> the request of the Division of Reclamation, Mining and Safety ("Division"), dated June 29, <br /> 2017, Cotter Corporation (N.S.L.) ("Cotter") is requesting a change in the permit status for <br /> the SM-18 Mine, Permit No. M-1978-116, from intermittent activity to temporary cessation. <br /> As required by the Division,this change is requested to be effective retroactive to December <br /> 15, 2012, which also serves as the date of cessation. This notice covers two five-year periods <br /> of temporary cessation: (1) December 15, 2012 through December 15, 2017; and <br /> (2) December 15, 2017 through December 15, 2022. To obtain approval of the second five- <br /> year period of temporary cessation, Cotter requests a hearing before the Mined Land <br /> Reclamation Board at its December 20-21, 2017 meeting pursuant to Colo. Rev. Stat. § 34- <br /> 32-103(6)(a)(III) and Hard Rock/Metal Mining Rule 1.13.5(1)(b). <br /> Production at the SM-18 Mine has been suspended due to adverse uranium market <br /> conditions. The mining operation also could not, and cannot now, recommence due to the <br /> injunction ordered by the United States District Court for the District of Colorado in <br /> Colorado Environmental Coalition v. Office of Legacy Management, 819 F. Supp. 2d 1193, <br /> 1224-225 (D. Colo. 2011). Although the District Court subsequently amended its injunction <br /> to exclude from the injunction's scope certain maintenance and reclamation activities and <br /> other work, it did not exclude from the injunction and, accordingly, still does not authorize <br /> "exploration, drilling [and] mining" on Uranium Lease Management Program lands. <br /> Colorado Environmental Coalition v. Office of Legacy Management, 2012 WL 628547 (D. <br /> Colo. Feb. 27, 2012). The District Court recently confirmed that the injunction remains in <br /> effect. Colorado Environmental Coalition v. Office of Legacy Management,No. 08-cv- <br /> 1624-WJM-MJW, Order Denying Plaintiffs' Motion to Supplement (March 7, 2017) (ECF <br /> 146), at 3 ("That injunction remains in effect ...."). <br /> The associated stormwater management controls will be inspected and maintained, as <br /> necessary, to provide control of stormwater run-off as described in the Environmental <br /> Protection Plan ("EPP") for the SM-18 Mine, dated September 2012, attached as Exhibit U to <br /> Cotter's I I2d Application Amendment("Application Amendment") for the SM-18 Mine, <br /> dated September 2012, and the Application Amendment. The EPP and Application <br /> Amendment also contain the measures to be taken to comply with reclamation requirements <br /> 1 <br />