2012-10-01_GENERAL DOCUMENTS - M1977305 (3)

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Mr. G. Russell Means October 1, 2012 Page 2 exploration, drilling, and mining on lands covered by such lease. Under these circumstances, no active mining activities have occurred at the LP -21 Mine during the period covered by your request. In numbered paragraph 2) of your January 24, 2012 letter, it does not request that Cotter provide additional information, since the Division has previously granted intermittent status for the LP- 21 Mine. No additional information responsive to numbered paragraph 2) is therefore set forth in this letter. In numbered paragraph 3) of your January 24, 2012 letter, you request that Cotter provide to the Division: (a) "A detailed and specific narrative description of the condition of the operation at the time it entered [intermittent status], supplemented with maps; along with a detailed and specific narrative description of the current condition of the operation, supplemented with maps." (b) "If your Mine is a Designated Mining Operation ( "DMO "): any and all documentation necessary to comply with the EPP requirements associated with that legal designation...." (c) "A detailed and specific narrative description of your plans for resumption of mining." With respect to the requests set forth in subparagraph a), the condition of the "operation" when it entered intermittent status in 1990 is set forth in Cotter's letter, dated July 26, 1990, to the Division. In that letter, Cotter requested that the Division re- classify the LP -21 Mine as an intermittent operation, and provided information to support such request. By letter dated December 5, 1990, the Division informed Cotter that its technical revision application for the LP -21 Mine was approved as a matter of law. Additional information on the condition of the LP -21 Mine when it entered intermittent status is set forth in Cotter's annual reports for the LP- 21 Mine dated March 5, 1990 (includes map) and March 20, 1991. The current condition of the "operation" is set forth in Cotter's application amendment, dated September 2012, for the LP -21 Mine. A map of the LP -21 Mine showing the status of the mine workings as of the time it was put into intermittent status is attached to this letter as Figure 1. A map of the LP -21 Mine showing the current status of the mine workings is attached to this letter as Figure 2. Cotter considers Figures 1 and 2 to contain "confidential commercial, financial, geological, or geophysical data" and other information protected under C.R.S. §§ 24- 72- 204(3)(a)(iv) and 24- 72-204(3)(a)(xxi). Accordingly, Cotter respectfully requests that the Division not produce Figures 1 and 2 in response to any request for disclosure made under the Colorado Open Records Act, C.R.S. §§ 24 -72 -200.1 to -206.