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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF THE APPLICATION OF COTTER CORPORATION <br />(N.S.L.) FOR APPROVAL OF AMENDMENT AM -01, File No. M -1984 -014 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />August 9, 2012 for a hearing to consider the application of Cotter Corporation <br />(N.S.L.) ( "Operator ") to amend permit number M- 1984 -014 to incorporate an <br />environmental protection plan. G. Russell Means and First Assistant Attorney <br />General Jeff Fugate appeared on behalf of the Division of Reclamation, Mining and <br />Safety ( "Division "). Charlotte Neitzel, Esq. and Robert Tuchman, Esq. appeared on <br />behalf of the Operator. Jeffrey C. Parsons, Esq. appeared on behalf of objecting <br />party Sheep Mountain Alliance. <br />The Board, having considered the parties' presentations and testimony, and <br />being otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator has a 112d -1 reclamation permit for a 20.96 -acre hard <br />rock uranium and vanadium operation. The site, known as the C -JD -8 Mine <br />( "mine "), is located in Section 20, Township 46 North, Range 17 West, New Mexico <br />Principal Meridian, Montrose County, Colorado. The site was permitted in 1984. <br />2. On January 15, 1997, the Operator applied to place the mine in <br />intermittent status. The Division approved the Operator's request for intermittent <br />status on February 25, 1997. <br />3. On October 21, 2010, the Division requested that the Operator update <br />mining and reclamation plans and maps for the mine. <br />4. On June 2, 2011, the Operator filed with the Division an application to <br />amend permit number M -1984 -014 ( "Amendment AM -01 "), which included an <br />environmental protection plan ( "EPP") for the mine. The Division deemed <br />Amendment AM -0l complete and classified it as a complex permit on June 8, 2011. <br />5. On June 20, 2011, the Division received comments from the State <br />Historic Preservation Officer, History Colorado ( "SHPO ") recommending resurvey of <br />the mine. <br />