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2018-02-16_ENFORCEMENT - M1977451
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2018-02-16_ENFORCEMENT - M1977451
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Entry Properties
Last modified
4/14/2022 10:01:17 AM
Creation date
2/16/2018 11:38:11 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977451
IBM Index Class Name
Enforcement
Doc Date
2/16/2018
Doc Name Note
Objectors' Response to Cotter's Motion on Burden of Proof
Doc Name
Objectors' Response to Cotter's Motion on Burden of Proof
From
INFORM
To
MLRB
Email Name
CMM
LJW
GRM
Media Type
D
Archive
No
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RECEIVED1NOV212017 <br />11111 TC04DIVISION OF RECLAMATION <br />cotter MINING AND SAFETY <br />0 Violations <br />November 22 2017 DMC GRM <br />Mr G Russell Means <br />Senior Environmental Protection Specialist <br />Colorado Division of Reclamation Mining and Safety <br />1313 Sherman Street Room 215 <br />Denver CO 80203 <br />Re JD 6 Mine Permit o M 1977 310 otice 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 Division of Reclamation Mining and Safety s Division letter to Cotter Corporation <br />N S L Cotter dated June 29 2017 Cotter requests a five year extension of the current <br />period of temporary cessation for the JD 6 Mine Permit No M 1977 310 As reflected in <br />the Division s letter on May 7 2013 the Mined Land Reclamation Board Board signed <br />an order approving an initial five year period of temporary cessation for the JD 6 Mine <br />which commenced December 15 2012 This notice requests a second five year period of <br />temporary cessation for the JD 6 Mine commencing December 15 2017 and ending <br />December 15 2022 To obtain approval of the second five year period of temporary <br />cessation and as directed in the Division s June 29 2017 letter Cotter requests a hearing <br />before the Board at its December 2017 meeting currently scheduled for December 13 14 <br />2017 pursuant to Colo Rev Stat 34 32 103 6 a III and Hard Rock Metal Mining Rule <br />1 13 5 1 b <br />Production at the JD 6 Mine has been suspended due to adverse uranium market conditions <br />The mining operation also could not and cannot now recommence due to the injunction <br />ordered by the United States District Court for the District of Colorado in Colorado <br />Environmental Coalition v Office of Legacy Management 819 F Supp 2d 1193 1224 225 <br />D Colo 2011 Although the District Court subsequently amended its injunction to exclude <br />from the injunction s scope certain maintenance and reclamation activities and other work it <br />did not exclude from the injunction and accordingly still does not authorize exploration <br />drilling and mining on Uranium Lease Management Program lands Colorado <br />Environmental Coalition v Office of Legacy Management 2012 WL 628547 D Colo Feb <br />27 2012 Earlier this year the District Court 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 D Colo March 7 <br />2017 ECF 146 at 3 That injunction remains in effect The injunction covers the <br />JD 6 Mine <br />Cotter Corporation N S L Telephone 720 554 6200 <br />7800 E Dorado Place Ste 210 Fax 720 554 6201 <br />Greenwood Village CO 80111
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