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Cotter nonetheless recognizes that a change in permit status of the CM-25 Mine is <br /> appropriate. This letter is submitted to confirm such change. <br /> Accordingly, pursuant to Colorado Hard Rock, Metal, and Designated Mining Operations <br /> Rule 1.13.5, Cotter is requesting a change in the permit status for the CM-25 Mine, Permit <br /> No. M-1977-307, from intermittent activity to temporary cessation. Consistent with the <br /> Division's requests to Cotter for the SM-18 and Mineral Joe Mines, this change is requested <br /> to be effective retroactive to December 15, 2012, which also serves as the date of cessation. <br /> This notice covers two five-year periods of temporary cessation: (1) December 15, 2012 <br /> through December 15, 2017; and (2) December 15, 2017 through December 15, 2022. To <br /> obtain approval of the second five-year period of temporary cessation, Cotter requests a <br /> hearing before the Board pursuant to Colo. Rev. Stat. § 34-32-103(6)(a)(I1I) and Hard <br /> Rock/Metal Mining Rule 1.13.5(1)(b). <br /> As indicated above, production at the CM-25 Mine has been suspended due to adverse <br /> uranium market conditions. The mining operation also could not, and cannot now, <br /> recommence due to the injunction ordered by the United States District Court for the District <br /> of Colorado in Colorado Environmental Coalition v. Office of Legacy Management, 819 F. <br /> Supp. 2d 1193, 1224-225 (D. Colo. 2011). Although the District Court subsequently <br /> amended its injunction to exclude from the injunction's scope certain maintenance and <br /> reclamation activities and other work, it did not exclude from the injunction and, accordingly, <br /> still does not authorize "exploration, drilling [and] mining" on Uranium Lease Management <br /> Program lands. Colorado Environmental Coalition v. Office of Legacy Management, 2012 <br /> WL 628547 (D. Colo. Feb. 27, 2012). The District Court recently confirmed that the <br /> injunction remains in effect. Colorado Environmental Coalition v. Office of Legacy <br /> Management,No. 08-cv-1624-WJM-MJW, Order Denying Plaintiffs' Motion to Supplement <br /> (March 7, 2017) (ECF 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 CM-25 Mine's EPP, <br /> dated September 2012, attached as Exhibit T to Cotter's Application Amendment, and the <br /> Drainage Design Plan for the CM-25 Mine (attached as Appendix III to the Application <br /> Amendment). The EPP and Application Amendment also contain the measures to be taken <br /> to comply with reclamation requirements and/or other activities related to the performance <br /> standards of Section 3.1 of the Hard Rock/Metal Mining Rules, which will continue to be <br /> implemented during periods of temporary cessation and are incorporated by reference into <br /> this letter. <br /> The existing financial warranty of$29,505 held by the Division and the United States <br /> Department of Energy is adequate to cover projected reclamation costs, as specified in the <br /> Division's May 7, 2013 letter to Cotter. Reclamation activities that would be required are set <br /> forth in the Division's May 7, 2013 letter and Exhibit D to Cotter's Application Amendment. <br /> Cotter plans to resume production operations at this mine after the price of uranium returns to <br /> a profitable point and the District Court dissolves the injunction described above. The plan <br /> for such resumption of mining is attached as Exhibit C to Cotter's Application Amendment. <br /> Cotter has not completed reclamation because the CM-25 Mine contains valuable minerals <br /> that Cotter anticipates can be mined at a profit. <br /> 2 <br />