2017-11-21_REVISION - M1977310

• Permit No: M1977310
• IBM Index Class Name: REVISION
• Doc Date: 11/21/2017
• Doc Name Note: Request for
• Doc Name: Request for
• From: Cotter
• To: DRMS
• Type & Sequence: TC4
• Email Name: DMC
• Email Name: GRM
• Media Type: D
• Archive: No

RECEIVED
1(.;\ NOV 21 2017
11111 TC04DIVISION OF RECLAMATION
cotter MINING AND SAFETY
✓0 Violations
November 22, 2017 DMC, GRM
Mr. G. Russell Means
Senior Environmental Protection Specialist
Colorado Division of Reclamation, Mining and Safety
1313 Sherman Street, Room 215
Denver, CO 80203
Re: JD-6 Mine, Permit o. M-1977-310, otice of Temporary Cessation
Dear Mr. Means:
Pursuant to Colorado Hard Rock, Metal, and Designated Mining Operations Rule 1.13.5, and
the Division of Reclamation, Mining and Safety's ("Division") letter to Cotter Corporation
(N.S.L.) ("Cotter") dated June 29, 2017, Cotter requests a five-year extension of the current
period of temporary cessation for the JD-6 Mine, Permit No. M-1977-310. As reflected in
the Division's letter, on May 7, 2013, the Mined Land Reclamation Board ("Board") signed
an order approving an initial five-year period of temporary cessation for the JD-6 Mine,
which commenced December 15, 2012. This notice requests a second five-year period of
temporary cessation for the JD-6 Mine commencing December 15, 2017 and ending
December 15, 2022. To obtain approval of the second five-year period of temporary
cessation, and as directed in the Division's June 29, 2017 letter, Cotter requests a hearing
before the Board at its December 2017 meeting(currently scheduled for December 13-14,
2017)pursuant to Colo. Rev. Stat. § 34-32-103(6)(a)(III) and Hard Rock/Metal Mining Rule
1.13.5(1)(b).
Production at the JD-6 Mine has been suspended due to adverse uranium market conditions.
The mining operation also could not, and cannot now, recommence due to the injunction
ordered by the United States District Court for the District of Colorado in Colorado
Environmental Coalition v. Office of Legacy Management, 819 F. Supp. 2d 1193, 1224-225
(D. Colo. 2011). Although the District Court subsequently amended its injunction to exclude
from the injunction's scope certain maintenance and reclamation activities and other work, it
did not exclude from the injunction and, accordingly, still does not authorize "exploration,
drilling [and] mining" on Uranium Lease Management Program lands. Colorado
Environmental Coalition v. Office of Legacy Management, 2012 WL 628547 (D. Colo. Feb.
27, 2012). Earlier this year, the District Court confirmed that the injunction remains in
effect. Colorado Environmental Coalition v. Office of Legacy Management,No. 08-cv-
1624-WJM-MJW, Order Denying Plaintiffs' Motion to Supplement(D. Colo. March 7,
2017) (ECF 146), at 3 ("That injunction remains in effect ...."). The injunction covers the
JD-6 Mine.
Cotter Corporation(N S L) Telephone[phone]
7800 E Dorado Place,Ste 210 Fax[phone]
Greenwood Village,CO 80111