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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Co lorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />June 6,2008 <br />COLORADO <br />DIV-IS 1 ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br /> Bill Ritter, Jr. <br />Glen -Williams Governor <br /> <br />Cotter Corporation Harris D. Sherman <br /> Executive Director <br />P.O. Box 700 <br /> <br />CO 81424 <br />Nucla Ronald W. Cattany <br />, Division Director <br /> Natural Resource Trustee <br />Re: DRMS File # M1977306 - New Requirements - Designated Mining Operation (DMO) Status - <br />Implementation of HB 1161 <br />Dear Mr. Williams: <br />On May 20, 2008, the Governor signed into law House Bill (HB) 1161. A copy of the bill is attached for your <br />convenience. The bill made various changes to the Mined Land Reclamation Act, § 34-32-101, C.R.S., <br />including a change to the definition of Designated Mining Operation (DMO). § 34-32-103 (3.5), C.R.S. <br />Under HB 1161, all uranium mines are now defined as DMOs. Specifically, the new definition of DMO <br />includes mining operations where "Uranium is developed or extracted, either by in situ leach mining or by <br />conventional underground or open mining techniques. A uranium mining operation may seek an exemption <br />from designated mining operation status in accordance with section 34-32-112.5 (2)". § 34-32-103 (3.5) (a) <br />(III), C.R.S. <br />HB 1161 applies to all "mining applications currently filed or filed on or after the effective date of this act and <br />to mining operations currently permitted or permitted on or after the effective date of this act". Thus, the new <br />definition applies to all existing and future uranium permit applications and all existing and future uranium <br />operations. Accordingly, the above-referenced mine is now defined as a DMO. The Mined Land Reclamation <br />Act sets forth requirements for DMOs that are in addition to the requirements applicable to all mining <br />operations. §§ 34-32-112.5 and 116.5, C.R.S. <br />Ronald W. Cattany, Director of the Division of Reclamation, Mining and Safety, previously issued a statement <br />regarding the anticipated implementation of DMO requirements for uranium mines now defined as DMOs by <br />HB 1161. The statement is attached for your review. The attached statement will guide the procedural <br />implementation of DMO designation and the related permitting requirements. <br />Thank you for your cooperation in this matter. Please contact us with any questions. <br />Sincer , <br />Davi <br />Interim irector, Office of Mined Land Reclamation <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines