GENERAL38690

• Permit No: M1977306
• IBM Index Class Name: General Documents
• Doc Date: 6/14/2006
• Doc Name: Summary of Minutes
• From: MLRB
• To: DMG
• Permit Index Doc Type: DMO
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Coorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
DIVISION O F
MIN&RALS
GEOLOGY
0.FClA NATION•NINING
SAFETY•SCIENCE
Bill Owens
Governor
Anaeai of Division of Minerals and Geoloev Determination of Designated Russell George
Mining Status of Cotter Coraoration's JD-9Mine. M-1977-306 Executive Director
Ronald W. Cottony
Division Director
On March 9`", 2006 the Division of Minerals and Geology made a Final Determination `al Resource rmstee
that the Cotter Corporation's JD-9 MINE, permit number M-1977-306 is a Designated
Mining Operation (DMO). The Decision was based on a review of geotechnical and
hydrological modeling that did not satisfactorily demonstrated to the Division that no
adverse affects to health, property or the environment from metal constituents contained
in the waste rock or temporary ore stockpiles is or will be created during or after mining
is complete.
The process used by the Division for the basis of the Final Decision is based on
requirements of Rule 7.2.4. Cotter Corporation did not agree with the initial findings of
the Division, which indicated DMO status appeared to be warranted based on Synthetic
Precipitation Leachate Procedure (SPLP) testing. The test showed elevated levels of
Aluminum, Lead, Selenium, and Arsenic in waste and ore samples taken from the mine
site. Per Rule 7.2.4(1), Cotter notified the Division by written letter of this dispute within
30 days.
Per Rule 7.2.4(1)(a), the Division and Cotter met to discuss the findings and outline the
Division's concerns. Cotter initiated a study with the help of GeoSciences, Inc. to create
a hydrological model and a report to address the Division's concerns. After two reviews
and an amended report was submitted to the Division, and the Division accepted the
modeling and report as demonstrating that no adverse affects to human health, property
or the environment appear to occur from the mining operation. Therefore, the Division
made a Final Determination as per Rule 7.2.4(1)(a) that the mine was aNon-DMO. The
Final Decision was Noticed in the April 2006 Agenda of the Mined Land Reclamation
Board as required under the Rule.
Cotter has filed an appeal of the Final Determination per Rule 7.2.4(2). This matter
comes before the Board today to set a date for a formal Public Hearing of the appeal.
Cotter Corporation and Division Staff would like to request that the Hearing be set for
August to allow time to prepare for the appeal and /or be coordinated with other Cotter
DMO hearings. Concurrently, Cotter is developing a monitoring program and gathering
additional information that may clarify some outstanding issues.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey