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Mr. G. Russell Means <br />October 1, 2012 <br />Page 3 <br />With respect to subparagraph b), the LP -21 Mine is a DMO. The documentation necessary to <br />comply with the Environmental Protection Plan ( "EPP ") requirements for the LP -21 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 LP -21 Mine are <br />described in Cotter's application amendment, dated September 2012, for the LP -21 Mine. <br />Based on the above, Cotter respectfully submits that its LP -21 Mine is in full compliance with <br />the Act and the Rules. Cotter nonetheless recognizes that, because of the District Court's <br />injunction entered in the Colorado Environmental Coalition litigation and other factors, it is <br />possible that the LP -21 Mine will not resume active mining during the next year, and that a <br />request to place the LP -21 Mine in temporary cessation may become appropriate. Cotter will <br />review its position on seeking temporary cessation for the LP -21 Mine following its <br />implementation of the storm water controls that are recommended in the EPP for the LP -21 <br />Mine. <br />Please contact me if you have any questions regarding this letter or require any additional <br />information. <br />Sincerely, <br />j .4 4/ ' 41° ` - 7 - <br />Glen Williams <br />Vice President, Mining Operations <br />Attachments <br />