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STATE OF COLORADO <br />DIVISION OE MINERALS AND GEOLOGY ~, <br />Department of Natural Resources <br />1313 Sherman St., Room 215 C ~ I. ~ RA D ~ <br />Denver, Colorado 80203 DIVISION O F <br />'~ I. $ <br />MIN <br />Phone: (303) 866-3567 & <br />FAX: (303) 832-8106 G E O L O G ~( <br /> RECLA MATION•MIN ING <br /> SAFETY~SCIENCE <br />September 2, 2005 <br /> Bill Owens <br />Steven Landau <br />~ Governor <br />ll <br />Cotter Corporation George <br />Russe <br />7800 E. Dorado Place, Suite 210 Executive Director <br />Englewood, Colorado 80111 / Ronald W. Canany <br />/ Division Director <br />/ Vet/( <br />Natural Resource Trustee <br />Re: Designated Mining Operation (DMO) Determin 'on File Numbers: <br />M-1977-310, JD-6 Mine /M-1988-014, JD-8 Mine /M--1977-306, JD-9 Mine / <br />M-1978-116, SM-18 Mine, Acknowledgement of Appeal To Division Decision of DMO 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 Hazd 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 />evaluafions for Cotter's appeal and is requesting an addifiona145 days to complete these tasks. <br />DMG staff will require adequate time to review Cotter's findings prior to the Boazd hearing as <br />well. The Division agrees that an extension is warranted and grants Cotter the additiona145 days <br />and notes that October 17a', 2005 will be deadline for completion of the site evaluations. Based <br />on the October 17t° deadline, it appears that the appeal will be scheduled for the November 16`~ <br />and 17~', 2005 Board Hearing. Should Cotter require addifional 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.~9~ 7~0~,.2~41.1117. <br />Sincerely~~i'%~f ~'~~~ 9-~ <br />~' ~'`~`~ RFc <br />Bruce Humphries F~V <br />Minerals Program Supervisor <br />Cc: Carl Mount, North Team Senior Specialist, Denver Office p.. SFp (~' ., ?O <br />Cc: Russ Means, Grand Junction Field Office YYYS'OOOtM~ J ~f <br />Cc: Dave White, Cotter Corporation, Nucla Office news <br />agy~ep%gY <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />