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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Roam 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />September 2, 2005 `~ <br />Steven Landau <br />Cotter Corporafion ~/ <br />7800 E. Dorado Place, Suite 210 <br />Englewood, Colorado 80111 <br />COLORADO <br />DIVISION O F <br />MIN &RALS <br />GEOLOGY <br />RECLAMATION•MIN ING <br />SAFETT•SCIENCE <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />Re: Designated Mining Operation (DMO) Determination File Numbers: <br />y M-1977-310, JD-6 Mine /M-1988-014, JD-8 Mine /M-1977-306, JD-9 Mine / <br />M-1978-116, SM-IB Mine, Acknowledgement afAppea! To Division Decision ofDMO Status <br />and Granting of Extension For Data Gathering. ~ <br />Deaz Mr. Landau: <br />The Division of Minerals and Geology received Cotter Corporation's notice that it intends to <br />appeal staff's initial decision that the above referenced sites meet the definition of a Designated <br />Mining Operation Per Rule 7.2 and aze subject to Rule 7 of the Hard Rock /Metals Regulations. <br />Cotter's appeal of this decision is in accordance with Rule 7.2.4(b). <br />in order for Cotter Corporation to gather hydrological and geological data to support its appeal, <br />an extension to the scheduling of the Mined Land Reclamation Board Hearing on the matter has <br />been requested. The Division notes that a hydrologist has been hired to complete modeling and <br />evaluations for Cotter's appeal and is requesting an additiona145 days to complete these tasks. <br />DMG staff will require adequate time to review Cotter's findings prior to the Board hearing as <br />well. The Division agrees that an extension is warranted and grants Cotter the addifiona145 days <br />and notes that October 17t", 2005 will be deadline for completion of the site evaluations. Based <br />on the October 1T° deadline, it appears that the appeal will be scheduled for the November 16'" <br />and 17`s, 2005 Board Hearing. Should Cotter require additonal time beyond that granted with this <br />extension, a written request should be sent to the Division as soon as possible for review. <br />If you need additional information, please contact Russ Means at the Division of Minerals and <br />Geology, Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado <br />81501, telephone no. 970.241.1117. <br />Sincerely~~ i~j"~"Y( ~/19~~""" <br />~~ <br />Bruce Humphries <br />Minerals Program Supervisor <br />Cc: Carl Mount, North Team Senior Specialist, Denver Office <br />Cc: Russ Means, Grand Junction Field Office <br />Cc: Dave White, Cotter Corporation, Nucla Office <br />~FcF®`F <br />o;,,so F~' ~~ <br />col 10oc <br />~'nPrd/Say+Cep7JpB <br />Y <br />Office of Offce of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />