2008-08-25_GENERAL DOCUMENTS - M1977306 (2)

Home Browse Search

(?Wztl JOHN W.SUTHERS Attorney General STATE OF COLORADO STATE SERVICES BUILDING CYNTHIA 11. COFFMAN DEPARTMENT OF LAW 1525 Sherman Street - 7th Floor Chief Deputy Attorney General ? PDen er? Colorado 4500 80203 303) 866- DANIEL D. DOMENICO OFFICE OF THE ATTORNEY GENERAL Solicitor General August 22, 2008 v, L, John L. Watson E E D .1, `?(," ?D Ryley, Carlock & Applewhite-,-? 0 4 2005 1999 Broadway, Suite 1800 AUG 2 5 2008L,-' $EP acIaMatlon, Denver, CO 80203 GRAND JUN(;,;u.? i -iD OFFICE Division o?' DIVISION Or, ? M'ining and Safety RECLAMATIOtj MINI r & SAFETY RE: Cotter Mines - Mootness of Cotter's Appeals of lllvlslon's DMO Designations - Environmental Protection Plan Requirements Dear Mr. Watson: /i1- 1917-7-3o6 As you may recall, Scott Wilkonson of our office represented the Division of Reclamation, Mining and Safety in Cotter's appeals of the Division's designations of Cotter's JD 6, 8, and 9 mines and the SM 18 mine as designated mining operations ("DMO"). Scott has left the Attorney General's Office. It is my understanding from a review of the file that the Division has found that all four Cotter mines are DMOs and that Cotter has appealed all of the DMO designations. In a January 16, 2008, letter, Cotter submitted a report "to provide relevant data and technical analysis for the statutory exclusion" of the Cotter mines from the statutory definition of DMO. Given legislative changes to the Mined Land Reclamation Act, Cotter's appeals are now moot. In the 2008 legislative session, the General Assembly passed House Bill 1161. This bill changed the statutory definition of DMO to include all uranium mines. In addition, the Legislature made the provisions of the bill applicable to all pending permit applications, currently permitted mining operations and operations permitted on or after the effective date of the bill. The Governor signed HB 1161 into law on May 20, 2008. Thus, by operation of this new law, all of the Cotter mines are designated mining operations. As such, Cotter's appeals of the Division's DMO designations are moot. Further, since these mines are by definition DMOs, Cotter is required to either demonstrate that the current Cotter permit for each mine contains the necessary elements of an environmental protection plan (" EPP") or submit an EPP for each of its mines. C.R.S. § 34-32-116.5; 2 CCR 407-1, Rules 7.1.3(2) and 7.2.3(2)(a). The demonstrations or EPPs must comply with the requirements set forth in Rule 6.4.20. Accordingly, pursuant to C.R.S. § 34-32-116.5 and Rule 7.2.3(2), the Division hereby directs Cotter to either submit within 60 days of this letter a demonstration that the existing permit