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Pursuant to C.R.S. 34-32-103 (3.5) (III) and Rule 7.1.2 all uranium mines are Designated Mining <br />Operations, therefore the JD-8 Mine is a DMO. In addition, the existence of a toxic material on site <br />creates a condition that requires Cotter to submit the required Environmental Protection Plan (EPP) for <br />a DMO. The EPP must be submitted Per Rule 7.1.3(2) as an amendment to the permit and address the <br />requirements of Rule 6.4.21. The Division notes that many portions of the permit are dated and will <br />require updating of all mining and reclamation plans, and new corresponding maps. Pursuant to the <br />timeline established in Rule 7.2.3 (2) the EPP must be submitted within 180 days of this letter, which is <br />April 18, 2011. <br />If Cotter has any issues with the above required timeline it must contact staff immediately. Otherwise it <br />will be assumed that the requirements are understood and will be met. Please note that failure to <br />comply with any of the required actions may result in the Division scheduling an enforcement hearing <br />before the Mined Land Reclamation Board. At that time the Division can request corrective actions, civil <br />penalties, and a cease and desist order. <br />If you need additional information please contact me at the Division of Reclamation, Mining and Safety, <br />Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, or by telephone <br />no. 970.241.1117. <br />Sincerely, <br />G. Russell Means <br />Environmental Protection Specialist II <br />Cc: David Berry, Mineral Program Supervisor <br />Cc: Jeff Fugate, Mineral Program Attorney General Consul <br />Cc: Steve Shuey, Senior Environmental Protection Specialist, West Team Supervisor