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Mr. G. Russell Means <br />October 1, 2012 <br />Page 3 <br />"confidential commercial, financial, geological, or geophysical data" and other information <br />protected under C.R.S. §§ 24- 72- 204(3)(a)(iv) and 24- 72- 204(3)(a)(xxi). Accordingly, Cotter <br />respectfully requests that the Division not produce Figures 1 and 2 in response to any request for <br />disclosure made under the Colorado Open Records Act, C.R.S. §§ 24 -72 -200.1 to -206. <br />With respect to subparagraph b), the SR -11 (Ike No. 1) Mine is a DMO. The documentation <br />necessary to comply with the Environmental Protection Plan ( "EPP ") requirements for the SR -11 <br />(Ike No. 1) Mine is contained in Exhibit U to Cotter's application amendment, dated September <br />2012, for such mine. <br />With respect to subparagraph c), Cotter's plans for resumption of mining at the SR -11 (Ike No. <br />1) Mine are described in Cotter's application amendment, dated September 2012, for the SR -11 <br />(Ike No. 1) Mine. Further, Cotter anticipates that some modifications to current site storm water <br />controls will be recommended in the EPP for the SR -11 (Ike No. 1) Mine. The construction of <br />these modifications would constitute mining activity, as explained in the Division's <br />memorandum, dated July 19, 2012, titled Recommendation for Approval over Objections, Hard <br />Rock/Metal 112d -1 Permit, Amendment AM -1, Cotter Corporation, C -JD -8 Mine, Permit No. <br />M -1984 -014, at 2. Upon completing this work, Cotter will determine whether mining will <br />continue at the SR -11 (Ike No. 1) Mine in the following year or whether a change to temporary <br />cessation may be appropriate. <br />Based on the above, Cotter respectfully submits that its SR -11 (Ike No. 1) Mine is in full <br />compliance with the Act and the Rules. Cotter nonetheless recognizes that, because of the <br />District Court's injunction entered in the Colorado Environmental Coalition litigation and other <br />factors, it is possible that the SR -11 (Ike No. 1) Mine will not resume active mining during the <br />next year, and that a request to place the SR -11 (Ike No. 1) Mine in temporary cessation may <br />become appropriate. Cotter will review its position on seeking temporary cessation for the SR- <br />11 (Ike No. 1) Mine following its construction of the modifications to current site storm water <br />controls that are recommended in the EPP for the SR -11 (Ike No. 1) Mine. <br />Please contact me if you have any questions regarding this letter or require any additional <br />information. <br />Very truly yours <br />6 ),._ ,) ,,, - -,;...z - Li, <br />Glen Williams <br />Vice President, Mining Operations <br />Attachments <br />