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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER, <br />1N Thh; XLNI'1`ER OF COTTER CORPORATION (N.S.L.)'S MOTION FOR AN <br />ORDER TOLLING THE TEMPORARY CESSATION PERIOD FOR THE JD -6, <br />JD -9, SR -11, LP -21, JD -7, SR -13A, SM -18, CM -25, AND MINERAL JOE <br />MINES <br />Permit Nos. M-1977-310, M-1977-305, M-1977-451, M-1977-305, M -1979 -094 - <br />HR, M-1977-311, M-1978-116, M-1977-307, M-1977-284 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />Cotter Corporation (N.S.L.)'s ("Operator") Motion for an Order Tolling the <br />Temporary Cessation Period for the JD -6, Permit No. M-1977-310; JD -9, Permit No. <br />M-1977-306; SR -11, Permit No. M-1977-451; LP -21, Permit No. M-1977-305; JD -7, <br />Permit No. M 1979-094HR; SR -13A, Permit No. M-1977-311; SM -18, Permit No. M- <br />1978-116; CM -25, Permit No. M-1977-307, and Mineral Joe, Permit No. M-1977- <br />284, mines (collectively referenced herein as the "the Mines"). Robert Tuchman, <br />Esq. and Ken Mushinski appeared on behalf of the Operator. Jeff Parsons, Esq. <br />appeared on behalf of objectors Earthworks, Information Network for Responsible <br />Mining (INFORM), San Juan Citizens Alliance, and Sheep Mountain Alliance <br />(collectively "Objectors"). First Assistant Attorney General Jeff Fugate and G. <br />Russell Means appeared on behalf of the Division of Reclamation, Mining and <br />Safety ("Division"). <br />The Board, having considered the parties' written submittals, presentations <br />and testimony, and being otherwise fully informed of the facts in the matter, enters <br />the following: <br />FINDINGS OF FACT <br />1, The Operator has reclamation permits for the Mines, which were <br />placed into Temporary Cessation by an order of the Board dated May 7, 2013 and <br />through a separate process in October 2017. <br />2. The Mines are all either located on land leased from the federal <br />Department of Energy or, in the case of the Mineral Joe site, can only be accessed <br />through federal land. <br />3. The federal program through which Operator has leases for the Mines <br />is currently subject to a federal court injunction prohibiting any mining operations, <br />except in limited circumstances. <br />