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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 LP -21 Mine, Permit No. M- 1977 -305
<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 LP -21 Mine in Montrose County, Colorado, Permit No. M- 1977 -305. The LP -21
<br />Mine 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 LP -21 Mine by October 1, 2012. Your September 5, 2012 letter is a follow -up
<br />to 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. As reflected in your letter, on October 18, 2011, the United States
<br />District Court for the District of Colorado enjoined the United States Department of Energy
<br />( "DOE ") from approving any activities on lands governed by the Uranium Lease Management
<br />Program ( "ULMP "), including "exploration, drilling, mining, and reclamation activities." See
<br />Colorado Environmental Coalition v. Office of Legacy Management, 819 F. Supp. 2d 1193,
<br />1224 -225 (D. Colo. 2011). Although the District Court subsequently amended its injunction to
<br />exclude from the injunction's scope certain maintenance and reclamation activities and other
<br />work, it did not exclude from the injunction and, accordingly, still does not authorize
<br />"exploration, drilling, [and] mining" on ULMP lands. See Colorado Environmental Coalition v.
<br />Office of Legacy Management, 2012 WL 628547 (D. Colo. Feb. 27, 2012). Cotter holds a DOE -
<br />issued mining lease for lease tract C- LP -21, which is subject to the District Court's October 18,
<br />2011 injunction, as amended. Cotter is therefore relieved of any obligation to conduct
<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
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