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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />COTTER CORPORATION (N.S.L.)'S MOTION TO LIMIT THE SCOPE OF THE <br />HEARING RE: COTTER'S C -JD -8 MINE, HARD ROCK/METAL 112d -1 PERMIT NO. <br />M- 1984 -014, DIVISION OF RECLAMATION, MINING & SAFETY <br />RECOMMENDATION FOR APPROVAL OF AMENDMENT (AM -1), <br />INCORPORATING THE ENVIRONMENTAL PROTECTION PLAN INTO THE <br />PERMIT <br />Cotter Corporation (N.S.L.) ( "Cotter "), the applicant, respectfully moves the Mined Land <br />Reclamation Board ( "Board ") for an order excluding from this proceeding any evidence, <br />argument, and discussion of whether the JD -8 Mine is lawfully in intermittent status. The <br />grounds for this motion are as follows. <br />1. The JD -8 Mine is an underground uranium and vanadium mine located in <br />Montrose County, Colorado. It was permitted in 1984, and currently contains 20.96 permitted <br />acres. <br />2. On January 15, 1997, Cotter applied to have the JD -8 Mine placed in intermittent <br />status. In its application, Cotter described the activities undertaken since 1987 which constituted <br />mining operations and which qualified the mine to be in intermittent status. Based on this <br />application, the Colorado Division of Mining and Geology approved the request for intermittent <br />status on February 25, 1997. The Division of Reclamation, Mining and Safety ( "Division ") has <br />consistently confirmed the JD -8 Mine's intermittent status since the approval, including in an <br />inspection report for the JD -8 Mine, dated September 23, 2010. <br />3. By letter dated October 21, 2010, the Division specifically requested that Cotter <br />update mining and reclamation plans and corresponding maps for the JD -8 Mine. To comply <br />