Laserfiche WebLink
Page 4 <br />Cotter Corporation: Permit Nos. M-1977-310 (JD-6 Mine); M-1984- 014 (JD-8 Mine); and <br />M -1977-306 (JD-9 Mine) <br />The Division hereby affirms and reiterates the previous DRMS determinations dated July 25, <br />2005 regarding the DMO status of Cotter Corporation's Permit Numbers M-1977-310 (the JD-6 <br />Mine), M-1984-014 (the JD-8 Mine) and M-1977-306 (the JD-9 Mine). These determinations <br />were based upon review and consideration of the applicable definitions regarding DMO <br />designation contained within the Act, the Rules, and the site specific factors present at these <br />mines. <br />These mines have the potential to expose or disturb acid or toxic-forming materials as a result of <br />mining as indicated by the previous DMO determinations dated July 25, 2005. The DRMS <br />acknowledges that certain definitional exclusion language exists at C.R.S. <br />§ 34-32-103(3.5) (b); however, Cotter Corporation has not provided adequate site-specific data <br />and analysis to substantiate the potential applicability of the exclusion. Any discussion of <br />potential exclusions must also take into consideration the additional definition context and <br />clarifications presented within the applicable sections of the Rules. <br />The DRMS asserts the DMO status of these mines based upon a lack ofsite-specific data and <br />analysis to ensure that acid and/or toxic materials will not be exposed or disturbed, or that acid <br />and/or toxic materials will not adversely affect any person, any property, or the environment. <br />DRMS notes the lack ofsite-specific data and analysis to address the possibility of acid or toxic <br />materials transport to local surface water, ground water and adjacent property in potentially <br />harmful quantities. Cotter has not provided actual ground water data for the area, or for the <br />potential underground mining zone. Data and analysis are also lacking regarding the potential <br />for contaminant transport mechanisms, including potential ground water flow via geologic <br />fractures, potential off-site transport of disturbed area runoff to the adjacent surface and near <br />surface due to snowmelt and rainfall events, and potential airborne transport of polluting <br />materials. <br />The DRMS herby determines that the JD-6, JD-8 and JD-9 Mines are Designated Mining <br />Operations based upon the definitions contained within khe Act and Rules. The respective <br />permits must be amended to comply with the DMO requirements, and to comply with the various <br />applicable performance standards of the Act and Rules. <br />