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Carter <br />RECEIVED <br />JUN 0 3 2011 <br />Via Hand Delivery <br />June 2, 2011 <br />Mr. Russell Means <br />Colorado Division of Reclamation, Mining, and Safety <br />Grand Junction Field Office <br />101 S. Third St, Room 301 <br />Grand Junction, Colorado 81501 <br />GRAk- . _J OFFICE <br />RECLAW iuN V,F im,NG & SAFETY <br />GWI'1 <br />019.2- <br />-r,+ L <br />Re: JD-8 Mine Permit No. M-1984-014 Amendment Application and Environmental Protection <br />Plan ? #M-•Ol <br />Dear Mr. Means: <br />Please find enclosed the JD-8 Mine Permit Amendment Application which includes the <br />• Environmental Protection Plan ("EPP") for the JD-8 Mine. Cotter Corporation (N.S.L.) <br />("Cotter") understands that Charlotte Neitzel, representing Cotter, conferred with Jeff Fugate of <br />the Colorado Attorney General's Office, representing the Division of Reclamation, Mining and <br />Safety ("DRMS"), on May 19, 2011, regarding the certification form required for the EPP. The <br />form includes paragraph 3, stating that "[a]s the applicant/operator, I do not have any <br />mining/prospecting operations in the state of Colorado currently in violation of the provisions of <br />the Mined Land Reclamation Act (Section 34-32-120, C.R.S. 1984, as amended) as determined <br />through a Board finding." The certification form also states that: <br />"This form has been approved by the Mined Land Reclamation Board pursuant to <br />section 34-32-112, C.R.S., of the Mined Land Reclamation Act. Any alteration or <br />modification of this form shall result in voiding any permit issued on the altered <br />or modified form and subject the operator to cease and desist orders and civil <br />penalties for operating without a permit pursuant to section 34-32-123, C.R.S." <br />As DRMS knows, the Mined Land Reclamation Board ("Board") issued "Findings of Fact, <br />Conclusion of Law, and Order," Cotter Corporation, File No. M-1977-300, MV-2010-018, <br />served August 11, 2010, and "Findings of Fact, Conclusion of Law, and Order," Cotter <br />Corporation, File No. M-1977-300, MV-2010-030, served December 9, 2010 (collectively, the <br />"Orders"), relating to the Schwartzwalder Mine. The Orders have been appealed by Cotter to <br />Denver District Court. In light of the Board's position in the Orders that Cotter violated the Act, <br />Ms. Neitzel asked Mr. Fugate whether Cotter could sign the certification. <br />0 <br />Cotter Corporation - West Slope Operations Telephone (970) 864-7347 <br />P.O. Box 700, 28151 DD Road, Nucla, CO 81424 USA Fax (970) 864-7287