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!1 h, c~6~n, ~ ~wr <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY `~ <br />Department of Natural Resources <br />1313 Sherman St., Raom 27 5 C O L D RA D O <br />Denver, Colorado 80203 DIVISION O F <br />Phone: (303) 866-3567 MINERAL S <br /> <br />fAX: (3031832-0106 G E O L O G Y <br /> 0.ECLA NATION•MININO <br /> SAFETY•SCIENCE <br /> <br />July 25, 2005 Bill pwens <br /> Governor <br />Mr. Glen Wllllams ~ Executive D rector <br />Cotter Corporation Ronald W. Cattany <br />P. Q. BOX 700 Division Director <br />Nucla, Colorado 81424 / Natural Resource Trustee <br />v / <br />RE: Notice of Determination That Cotter Operation, File No. M-1988-014, Also Known as <br />JD-8 MINE, is a Designated Mining Operation (DMO) <br />Deaz Mr. Williams: <br />As a result of a review of Cotter operational conditions, to include pertinent site geology and <br />geochemistry, associated materials being or to be extracted, chemicals and reagents proposed for <br />use or in use, and other applicable file documents, the Division has determined that your <br />proposed or existing operation, File No. M-1988-014 is a Designated Mining Operation (DMO). <br />This determination is made in conformance with the provisions of Rule 7.2 of the Minerals Rules <br />and Regulations of the Colorado Mined Land Reclamation Board. Specifically, the determination <br />that your operation is a DMO is based on the following: <br />The Act at 34-32-103(1) defines "acid or toxic producing materials" as "natural or <br />reworked earth materials having acid or toxic chemical and physical <br />chazacteristics: ' The results from SPLP tests submitted June 28th, 2005 indicate <br />that waste rock from the JD-8 Mine have a potential to release metals in <br />concentrations that exceed ground or surface water standards for aluminum, <br />arsenic, lead, and selenium. Thus, these rocks would be considered "acid or toxic <br />materials" under the definition. The noted SPLP test was conducted on waste <br />rock from the JD-9 MINE. Based on an agreement between DMG staff and <br />Cotter, test results for the JD-9 aze representative for the JD-6, JD-8 and JD-9 due <br />to their close geographical proximity and mining of the same geological <br />formations. <br />• The Act at 34-32-103(3.5)(a)(II) defines a "designated mining operation" to be "a <br />mining operation at which acid- or toxic-forn3ing materials will be exposed or <br />disturbed as a result of mining operations." Mining will expose or disturb acid-or <br />toxic-forming materials from the JD-8 waste rock. Thus, the JD-8 Mine, meets <br />the criteria for a designated mining operation. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />