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Mr. G. Russell Means <br />October 1, 2012 <br />Page 3 <br />With respect to subparagraph b), the JD -9 Mine is a DMO. The documentation necessary to <br />comply with the Environmental Protection Plan ( "EPP ") requirements for the JD -9 Mine is <br />contained in Exhibit U to Cotter's application amendment, dated September 2012, for such mine. <br />With respect to subparagraph c), Cotter's plans for resumption of mining at the JD -9 Mine are <br />described in Cotter's application amendment, dated September 2012, for the JD -9 Mine. <br />Further, Cotter anticipates that some modifications to current site storm water controls will be <br />recommended in the EPP for the JD -9 Mine. The construction of these modifications would <br />constitute mining activity, as explained in the Division's memorandum, dated July 19, 2012, <br />titled Recommendation for Approval over Objections, Hard Rock/Metal 112d -1 Permit, <br />Amendment AM -1, Cotter Corporation, C -JD -8 Mine, Permit No. M- 1984 -014, at 2. Upon <br />completing this work, Cotter will determine whether mining will continue at the JD -9 Mine in <br />the following year or whether a change to temporary cessation may be appropriate. <br />Based on the above, Cotter respectfully submits that its JD -9 Mine is in full compliance with the <br />Act and the Rules. Cotter nonetheless recognizes that, because of the District Court's injunction <br />entered in the Colorado Environmental Coalition litigation and other factors, it is possible that <br />the JD -9 Mine will not resume active mining during the next year, and that a request to place the <br />JD -9 Mine in temporary cessation may become appropriate. Cotter will review its position on <br />seeking temporary cessation for the JD -9 Mine following its construction of the modifications to <br />current site storm water controls that are recommended in the EPP for the JD -9 Mine. <br />Please contact me if you have any questions regarding this letter or require any additional <br />information. <br />Very truly yours, <br />,-'- /12.' <br />Glen Williams <br />Vice President, Mining Operations <br />Attachments <br />