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~b~,c~rbl~ 9rm <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 6t., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />July 25, 2005 <br /> <br />Mr. Glen Williams <br />Cotter Corporation '~ <br />P. O. Box 700 <br />Nucla, Colorado 81424 <br />COLORADO <br />DIVISION O F <br />MI N SRALS <br />GEOLOGY <br />0.E CLANATION•NI NINO <br />SAFETY•SCIENCE <br />Bl~i DWen3 <br />Gwemor <br />Ronald W. Cattany <br />Division DireROr <br />Natural Resource Trus[ee <br />Russell George <br />Executive DireLtor <br />RE: I/Votice of Determination That Cotter Operation, File No. M-1977-310, Also Known as <br />JD-6 MINE, is a Designated Mining Operation (DMO) <br />Dear 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-1977-310 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 />characteristics." 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 are 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- ortoxic-forming 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 /> <br />Okce of Office of Colorado <br />Mined Land REN;lamation Active and Inactive Mines Geologiwi Survey <br />