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disturbed areas, spotting 50% of topsoil for dozer, revegetation of 13.65 acres of affected
<br /> lands, and mobilization to the site. See letter(with attachments), dated August 16, 2012,
<br /> from G. Russell Means, Division of Reclamation, Mining and Safety,to Cotter. To ensure
<br /> performance of this reclamation, the Division increased Cotter's financial warranty to
<br /> $69,950. Cotter has provided the required financial warranty to the Division.
<br /> III. Demonstration of Cotter's continued commitment to mining operations at the
<br /> site by the end of the second five-year period of temporary cessation
<br /> Cotter is committed to mining operations at the JD-8 Mine by the end of the second five-year
<br /> period of temporary cessation. This commitment is demonstrated by the substantial
<br /> resources Cotter invested in preparing the JD-8 Mine's environmental protection plan, storm
<br /> water management plan, drainage design plan, mine plan, reclamation plan and other studies;
<br /> collecting geologic and environmental data; submitting the JD-8 Mine's Application
<br /> Amendment to the Division; and obtaining the Division's approval of that Application
<br /> Amendment through the Division's rigorous adequacy review process. By order, dated
<br /> August 17, 2012, this Board affirmed the Division's recommendation to approve Cotter's
<br /> Application Amendment for the JD-8 Mine. See Findings of Fact, Conclusions of Law, and
<br /> Order, signed August 17, 2012, In the Matter of the Application of Cotter Corporation
<br /> (N.S.L.) for Approval of Amendment AM-01, File No, M-1984-014. Cotter's commitment is
<br /> also shown by the work it conducted to update the JD-8 Mine's storm water control system
<br /> on non-DOE leased land in September 2012. See Minerals Program Inspection Report for
<br /> the JD-8 Mine, signed October 15, 2012. In reports memorializing more recent inspections
<br /> of the JD-8 Mine,the Division reported the "[s]tormwater control structures appeared
<br /> maintained and functional." See Minerals Program Inspection Reports for the JD-8 Mine,
<br /> signed September 14, 2017 and September 5, 2018. No problems or violations were noted
<br /> during these inspections. Id.
<br /> IV. Request for hearing and continuance
<br /> As directed by the Division in its March 1, 2019 letter, Cotter requests a hearing on this
<br /> Notice at the Board's April 2019 meeting. However, Cotter respectfully requests that the
<br /> Board continue the hearing, at minimum,to the date when the Board holds a hearing on
<br /> Cotter's notices requesting a second five-year period of temporary cessation for the JD-6,
<br /> JD-7, JD-9, SR-11, SR-13A, SM-18, LP-21, CM-25, and Mineral Joe Mines (collectively,
<br /> "Group I Mines"). By order, dated April 9, 2018,this Board continued consideration of
<br /> Cotter's notices requesting a second five-year period of temporary cessation for the Group I
<br /> Mines until the District Court lifted its injunction to allow mining operations at those sites.
<br /> See Findings of Fact, Conclusions of Law, and Order, In the Matter of Cotter Corporation
<br /> (N.S.L.)'s Motion for an Order Tolling the Temporary Cessation Period for the JD-6, JD-9,
<br /> SR-11, LP-21, JD-7, SR-13A, SM-18, CM-25, and Mineral Joe Mines, signed April 9, 2018.
<br /> The hearing on the Group I Mines will involve factual and legal issues that are similar to
<br /> those related to the JD-8 Mine. In the interest of efficiency and conserving the resources of
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