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Response to DRMS Adequacy Review — Cotter JD -8 Mine Reclamation Plan Amendment <br />Attachment 1 <br />Response to Sheep Mountain Affiance Comments <br />JD -8 Mine Permit Amendment <br />Response to Adequacy Review <br />M- 1984 -014 <br />As requested by the DRMS letter of August 1, 2011, the following are the responses of <br />Cotter Corporation (N.S.L.) ( "Cotter ") to the comments received by DRMS from Sheep <br />Mountain Alliance ( "SMA ") regarding Cotter's application for a mine permit <br />amendment for the JD -8 Mine. SMA's comments are in italics and Cotter's responses <br />are in bold. <br />Intermittent Status Is Not Allowable for the C -JD -8 Mine[comment abbreviated] <br />Cotter response: The purpose of the EPP process is to meet the requirements of <br />Rule 6.4.21 and to update portions of the permit, not to question DRMS' prior <br />approval of intermittent status. The EPP process is neither the time nor proper <br />procedure to criticize DRMS decisions made more than a decade ago or to present <br />legal arguments regarding how DRMS should be implementing its intermittent <br />status and temporary cessation rules. Cotter applied for intermittent status on <br />January 15, 1997. In that application, Cotter described the activities undertaken <br />since 1987 which constituted mining operations and which qualified the mine to be <br />in intermittent status. Based on this application, the Colorado Division of Mining <br />and Geology approved the request for intermittent status on February 25, 1997. <br />DRMS has consistently confirmed the JD -8's intermittent status since the approval, <br />including in an inspection report, dated September 23, 2010. Moreover, in its <br />October 21, 2010 letter, DRMS specifically requested updating of mining and <br />reclamation plans and corresponding maps, which Cotter has done through the EPP <br />process. Much of the EPP discusses environmental protection measures when <br />mining resumes. <br />Moreover, contrary to SMA's reference to "a long history of non - production," <br />Cotter conducted mining in 2005, which the 2005 annual report acknowledged and <br />the EPP referenced. <br />SMA's comments about annual reports similarly do not relate to the EPP process. <br />Nonetheless, Cotter notes that it has complied with the annual report requirements, <br />and DRMS has not notified Cotter that the substance of its annual reporting for JD- <br />8 is deficient. <br />All Areas Covered by the Mine Permit Should Be Covered by the EPP <br />Cotter concedes on page 1 on the EPP that its "permit includes a proposed upper <br />affected area on the DOE JD -8 lease tract," Cotter nevertheless failed in any way to <br />Page A -2 <br />