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Mr. G. Russell Means <br />August 28, 2017 <br />Page 2 <br />conditions evolve Cotter could reactivate the mine once an approved Environmental Protection <br />Plan amendment is approved." The Board's order, dated May 7, 2013, covering the C -LP -21 <br />Mine and other mines is to the same effect: "Valuable mineral reserves remain in each of the <br />Mines." Order, dated May 7, 2013, at 7, ¶ 57. Cotter intends to mine the C -LP -21 Mine's <br />reserves when market conditions recover, and has submitted a plan to the Division for doing so. <br />See Cotter's I I 2 Application Amendment ("Application Amendment") for the C -LP -21 Mine, <br />Exh. D. The Division has also approved Cotter's Environmental Protection Plan ("EPP") <br />Amendment for the C -LP -21 Mine, as explained in the Division's letter to Cotter dated <br />September 26, 2013. The life of the C -LP -21 Mine is projected to be at least 15 years. <br />Application Amendment, Exh. D. For these reasons, Cotter's reclamation permit should not be <br />terminated, and the C -LP -21 site should not be inspected for final release. <br />Although the C -LP -21 Mine retains substantial economic reserves, and Cotter plans to mine <br />those reserves, a second five-year period of temporary cessation for the C -LP -21 Mine is <br />appropriate. As indicated above, production at the C -LP -21 Mine has been suspended due to <br />adverse 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 of <br />Colorado in Colorado Environmental Coalition v. Office of Legacy Management, 819 F. Supp. <br />2d 1193, 1224-225 (D. Colo. 2011). Although the District Court subsequently amended its <br />injunction to exclude from the injunction's scope certain maintenance and reclamation activities <br />and 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. Colorado <br />Environmental Coalition v. Office of Legacy Management, 2012 WL 628547 (D. Colo. Feb. 27, <br />2012). The District Court recently confirmed that the injunction remains in effect. Colorado <br />Environmental Coalition v. Office of Legacy Management, No. 08-cv-1624-WJM-MJW, Order <br />Denying Plaintiffs' Motion to Supplement (March 7, 2017) (ECF 146), at 3 ("That injunction <br />remains in effect ...."). <br />Interim surveillance and maintenance will be conducted to keep the associated stormwater <br />management controls working effectively as described in the C -LP -21 Mine's EPP, attached as <br />Exhibit U to Cotter's Application Amendment. The EPP and Application Amendment also <br />contain the measures to be taken to comply with reclamation requirements and/or other activities <br />related to the performance standards of Section 3.1 of the Hard Rock/Metal Mining Rules, which <br />will continue to be implemented during periods of temporary cessation and are incorporated by <br />reference into this letter. <br />The existing financial warranty of [$48,100] held by the Division and the United States <br />Department of Energy is adequate to cover the reclamation liability of the C -LP -21 Mine. See <br />letter, dated March 30, 2015, from Cotter, to the Division (specifying that the Division's <br />1831691.1 <br />