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MLRB Revised Anenda -April !2 2006 <br />17. March 24`h, 2006 <br />COTTER CORPORATION ...File No. M-1978-116 <br />P. O. Box 700 <br />Nucla, CO 81424 <br />r/ <br />Notice ofDetermination OfNon-Designated Mining Operation Status <br />/ ~ Cotter Corporation <br />Re: SM-18 Minve, Permit No. M-1978-116, Determination Of Non-Designated Mining Operation <br />Status <br />Pursuant to Hard Rock /Metals Rule 7.2.4 (a), The Division of Minerals and Geology hereby posts the <br />following Notice of Final Decision in the Monthly Agenda. <br />On July 27, 2005 the Division of Minerals and Geology noticed Cotter Corporation of an initial finding <br />that the SM-18 Mine fits the definition of a Designated Mining Operation (DMO) per Rule 7.2.1(1) of <br />the Hard Rock Rules and Regulations. The initial finding was based on SPLP test results that showed <br />toxic-forming materials were present in the waste rock and ore that is being deposited at the surface of <br />the operation. <br />Cotter Corporation notified the Division within 30 days on August 26, 2005 that it disputed the initial <br />findings and requested time to develop information and facts to support its case in accordance to Rule <br />7.2.4(1). The Division on September 2, 2005 acknowledged the dispute claim and set an initial date of <br />October 17, 2005 for submission of information and facts for Division review in the matter. Several <br />meetings, delays and extensions by both parties to collect and clarify the modeling reports and other <br />parameters lead to a final report being submitted to the Division on February 8, 2006. <br />The Division Staff has carefully reviewed the reports and modeling concerning the SM-18 Mine. The <br />Division finds that Cotter Corporation has satisfactorily demonstrated that the operation is a Non- <br />DMO. Staff accepts that contaminates from the waste rock or underground workings will not have a <br />deleterious effect on the ground water quality in the immediate area. Therefore, the Division <br />withdraws its initial designation of DMO status per Rule 7.2.4(1)(a) and determines the SM-18 Mine is <br />a Non-DMO mine. <br />The posting of the April 12-13, 2006 Mined Land Reclamation Board Agenda shall Notice of the Final <br />Decision by this Office. <br />apr06rev <br />