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2012-10-01_GENERAL DOCUMENTS - M1979094HR (3)
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2012-10-01_GENERAL DOCUMENTS - M1979094HR (3)
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Last modified
8/24/2016 5:08:50 PM
Creation date
10/11/2012 6:55:24 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1979094HR
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
10/1/2012
Doc Name
TC Response
From
Cotter
To
DRMS
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
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Cotter <br />October 1, 2012 <br />Via Hand Delivery <br />Mr. G. Russell Means <br />Acting Senior Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />Grand Junction Field Office <br />101 S. Third St., Room 301 <br />Grand Junction, CO 81501 <br />Re: Status of the JD -7 Pit, Permit No. M- 1979 -094HR <br />Dear Mr. Means: <br />This letter responds to your letters dated January 24, 2012 and September 5, 2012, regarding the <br />status of the JD -7 Pit in Montrose County, Colorado, Permit No. M- 1979- 094HR. The JD -7 Pit <br />is currently in intermittent status. <br />In your January 24, 2012 letter, you explain that the Division of Reclamation, Mining and Safety <br />( "Division ") is reviewing its files for all intermittent hard rock mining operations to ensure that <br />they are in compliance with the Mined Land Reclamation Act ( "Act "), C.R.S. §§ 34 -32 -101 to <br />-127, and the Rules and Regulations of the Colorado Mined Land Reclamation Board ( "Board ") <br />for Hard Rock, Metal and Designated Mining Operations, 2 C.C.R. § 407 -1 ( "Rules "). Further, <br />you request that Cotter Corporation (N.S.L.) ( "Cotter ") provide certain information to the <br />Division for the JD -7 Pit by October 1, 2012. Your September 5, 2012 letter is a follow -up to <br />your January 24, 2012 letter, and does not request that Cotter provide additional information <br />beyond what is requested in the January 24, 2012 letter. This letter provides the information that <br />you have requested. It also shows that Cotter is in full compliance with the Act and the Rules. <br />In numbered paragraph 1) of your January 24, 2012 letter, you request that Cotter provide a <br />detailed and specific narrative description of the "active mining activities" that have occurred at <br />the "site" during the past year. In 2011, Cotter built a drill road in the JD -7 Pit, and rehabilitated <br />the storm water pit dam and the upper diversion ditch. Additional mining activity has been <br />limited by the United States District Court for the District of Colorado. On October 18, 2011, <br />the District Court enjoined the United States Department of Energy ( "DOE ") from approving <br />any activities on lands governed by the Uranium Lease Management Program ( "ULMP "), <br />including "exploration, drilling, mining, and reclamation activities." See Colorado <br />Environmental Coalition v. Office of Legacy Management, 819 F. Supp. 2d 1193, 1224 -225 (D. <br />Colo. 2011). Although the District Court subsequently amended its injunction to exclude from <br />the injunction's scope certain maintenance and reclamation activities and other work, it did not <br />exclude from the injunction and, accordingly, still does not authorize "exploration, drilling, [and] <br />mining" on ULMP lands. See Colorado Environmental Coalition v. Office of Legacy <br />Management, 2012 WL 628547 (D. Colo. Feb. 27, 2012). Cotter holds a DOE - issued mining <br />Cotter Corporation - West Slope Operations Telephone (970) 864 -7347 <br />P.O. Box 700, 28151 DD Road, Nucla, CO 81424 USA Fax (970) 864 -7287 <br />
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