2018-04-11_ENFORCEMENT - M1977451

• Permit No: M1977451
• IBM Index Class Name: Enforcement
• Doc Date: 4/11/2018
• Doc Name: Board ‎(MLRB)‎ Order
• From: DRMS
• To: Cotter Corp.
• Email Name: LJW
• Email Name: WHE
• Media Type: D
• Archive: No

4. The injunction, which has been in effect since October 18, 2011,
Prevents Operator from conducting the mining operations necessary to take the
Mines out of Temporary Cessation.
5. The injunction was in place and prohibited Operator from conducting
mining operations at the Mines when the requests for initial periods of Temporary
Cessation were submitted to the Division.
6. Operator filed notices requesting second periods of Temporary
Cessation for the Mines on July 31, August 28, and November 22, 2017.
7. Objectors submitted an objection letter dated January 19, 2018 to
Operator's requests for second periods of Temporary Cessation for the Mines.
8. The federal Department of Energy submitted a letter dated January
19, 2018 stating that because of the injunction issued in federal court, Operator
"has been prohibited from operating its lease tract mines for the last six years, and
remains prohibited from operating them."
9. Operator filed its Motion for an Order Tolling the Temporary Cessation
Period for the Mines on February 12, 2018, arguing that the initial period of
Temporary Cessation should be tolled due to the federal injunction's prohibition on
mining operations, including the Mines.
10. Operator did not request tolling of the initial periods of Temporary
Cessation due to the injunction when it filed notices for those periods of Temporary
Cessation or at any time prior to February 12, 2018.
11. Objectors filed a response to Operator's Motion dated February 15,
2018, arguing that the Board lacked the authority to grant a request for equitable
tolling and that Operator had not shown that it was entitled to any such relief.
12. The Division filed its Brief and Response/Recommendation on
February 15, 2018. Regarding Operator's Motion, the Division stated that the
injunction prohibited Operator from performing the necessary mining activities to
take the Mines out of Temporary Cessation. The Division also recommended that
the Board "grant a regulatory `time-out"' on Operator's request for second periods of
Temporary Cessation "until the injunction is resolved."
CONCLUSIONS OF LAW
13. The Board has jurisdiction over the Operator and this matter pursuant
to the Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ("Act").
Cotter Corporation (N.S.L.)
M-1977-310, M-1977-306, M-1977-451,
M-1977-305, M 1979-094HR, M-1977-311,
M-1978-116, M-1977-307, M-1977-284 2