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Mr. Russell Means <br />. June 2, 2011 <br />Page two <br />Mr. Fugate suggested that Cotter sign the certification and explain in a cover letter that section <br />34-32-120, C.R.S. states that "[n]o permit for new mining operations shall be granted to any <br />operator who is currently found to be in violation of the provisions of this article with respect to <br />any operation in this state." (Emphasis added.) Because the statutory language applies only to <br />new mining operations, it does not apply to JD-8, which is not a new mining operation. <br />Therefore, paragraph 3 of the certification form, which is based on the statutory language, should <br />not pertain to the EPP being submitted for the JD-8 Mine. With this understanding, Cotter is <br />signing the certification form and setting forth the above information in this cover letter, as <br />suggested by Mr. Fugate. <br />Please contact me if you have questions. <br />Respectfully, <br />Glen Williams <br />Vice President, Mining Operations <br />Enclosure <br />0