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6. By letter dated July 26, 2011, Sheep Mountain Alliance ( "SMA ") <br />submitted comments on Amendment AM -01. <br />7. On October 23, 2011, the Division issued its Preliminary Adequacy <br />Review ( "PAR "). The Division received the Operator's response to the PAR on April <br />18, 2012. <br />8. On May 4, 2012, the Division received a Cultural Resource Report from <br />ERO Resources Corporation ( "ERO "). On June 11, 2012, the Division received a <br />letter from the SHPO in which the SHPO accepted the ERO Cultural Resources <br />Report and concurred that no historic properties will be affected at the site. <br />9. The Division determined that Amendment AM -01 is in compliance <br />with the requirements of the Mined Land Reclamation Act, Article 32 of Title 34, <br />C.R.S. ( "Act ") and the Mineral Rules and Regulations of the Board for Hard Rock, <br />Metal, and Designated Mining Operations, 2 C.C.R. 407-1 ("Rules"). On July 19, <br />2012, the Division issued its written recommendation and rationale for approval of <br />Amendment AM -01. <br />10. On July 25, 2012, the Operator, the Division, and SMA participated in <br />a prehearing conference. SMA provided a written list of all potential witnesses and <br />exhibits by e -mail after the prehearing conference. <br />11. On July 27, 2012, the Operator filed both a motion to prohibit SMA <br />from introducing witness testimony and using exhibits at the hearing ( "Motion to <br />Prohibit ") and a motion to limit the scope of the hearing to exclude any evidence, <br />argument, and discussion of whether the mine is lawfully in intermittent status <br />( "Motion to Limit "). <br />12. On August 6, 2012, SMA filed a consolidated response to the Motion to <br />Prohibit and the Motion to Limit. <br />13. At the hearing, the Operator withdrew the Motion to Prohibit pending <br />SMA's attempt to call witnesses or introduce exhibits at the hearing. <br />14. The parties withdrew from consideration at the hearing issue numbers <br />4 and 5 listed in section III of the Prehearing Order. <br />15. In AM -01, the Operator seeks to develop and incorporate an EPP into <br />permit number M -1984 -014. <br />16. Approval of AM -01 is necessary and appropriate for the Operator to <br />include an EPP in permit number M -1984 -014 in compliance with the Mined Land <br />Reclamation Act ( "Act "). <br />Cotter Corporation (N.S.L.) <br />C - JD - Mine /M- 1984 -014 2 <br />