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2013-05-10_ENFORCEMENT - M1977451
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2013-05-10_ENFORCEMENT - M1977451
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Last modified
4/14/2022 10:01:17 AM
Creation date
5/16/2013 7:16:30 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977451
IBM Index Class Name
ENFORCEMENT
Doc Date
5/10/2013
Doc Name
Findings of Fact, Conclusions of Law and Order.
From
DRMS
To
Cotter Corporation
Email Name
KAP
GRM
Media Type
D
Archive
No
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Procedural History and Findings Related to the Notices of Temporary Cessation <br />50. In 2011 and in response to citizen concerns that certain intermittent <br />status mines were improperly classified, the Division undertook a programmatic <br />review of all intermittent status hard -rock mines. The programmatic review <br />confirmed that some intermittent status mines were improperly classified. The <br />Division sent a form letter to all operators of intermittent status mines in January <br />of 2012 requiring the operator to either (1) demonstrate each mine's compliance <br />with the requirements of intermittent status in the mine's annual report or <br />(2) request reclassification of the mine's status. The Division sent a separate form <br />letter dated January 24, 2012, to the Operator for each of the Mines. <br />51. On October 1, 2012, the Division received from the Operator <br />Environmental Protection Plans and amendment applications for the Mines. <br />52. On December 14, 2012, the Division received a separate Notice of <br />Temporary Cessation ("Notice of TC ") for each of the Mines. Each Notice of TC <br />identified a December 15, 2012 effective date and confirmed that ongoing <br />maintenance activities would occur as required by the temporary cessation status. <br />53. As required by the Mineral Rules and Regulations of the Colorado <br />Mined Land Reclamation Board for Hard Rock, Metal, and Designated Mining <br />Operations ( "Rules "), Rule 1.13.6(1), the Division sent letters notifying Montrose <br />and San Miguel counties of the appropriate Notices of TC on December 18, 2012. <br />54. The Division placed the Notices of TC for the Mines on the agenda for <br />the Board's February meeting in accordance with Rule 1.13.6(1). <br />55. The Division received a separate objection letter from INFORM to each <br />Notice of TC on February 12, 2013, which timely requested a Board hearing on all <br />six Notices of TC ( "Objection Letters "). The six Objection Letters raise substantially <br />similar objections to the Operator's six Notices of TC for the Mines. <br />56. In response to the Objection Letters, a Board hearing was scheduled for <br />March 13, 2013. The Board continued the hearing date to April 17, 2013, in response <br />to a joint request for continuance from the Division, the Operator, and INFORM. <br />57. Valuable mineral reserves remain in each of the Mines. The Operator <br />temporarily ceased mining operations at the Mines due to declining market <br />conditions effective December 15, 2012; the Operator intends to resume the mining <br />operation at such time that mineral prices improve. <br />Cotter Corporation (N.S.L.) <br />M- 1977 -305, M- 1977 -306, M- 1977 -310, <br />M- 1977 -311, M -1977 -451, M 1979 -094HR <br />7 <br />
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