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TCO2 <br /> Ak\tio4) <br /> •i ✓V C Complied! ZECEIVED <br /> Cotte ✓0 Violations <br /> :M NOV 21 2017 <br /> November 22, 2017 DIVISION OF RECLAMATION <br /> MINING AND SAFETY <br /> Mr. G. Russell Means <br /> Senior Environmental Protection Specialist <br /> Colorado Division of Reclamation, Mining and Safety <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Re: JD-9 Mine, Permit No. M-1977-306,Notice of Temporary Cessation <br /> Dear Mr. Means: <br /> Pursuant to Colorado Hard Rock, Metal, and Designated Mining Operations Rule 1.13.5, and <br /> the Division of Reclamation, Mining and Safety's ("Division") letter to Cotter Corporation <br /> (N.S.L.) ("Cotter") dated June 29, 2017, Cotter requests a five-year extension of the current <br /> period of temporary cessation for the JD-9 Mine, Permit No. M-1977-306. As reflected in <br /> the Division's letter, on May 7, 2013,the Mined Land Reclamation Board ("Board") signed <br /> an order approving an initial five-year period of temporary cessation for the JD-9 Mine, <br /> which commenced December 15, 2012. This notice requests a second five-year period of <br /> temporary cessation for the JD-9 Mine commencing December 15, 2017 and ending <br /> December 15, 2022. To obtain approval of the second five-year period of temporary <br /> cessation, and as directed in the Division's June 29, 2017 letter, Cotter requests a hearing <br /> before the Board at its December 2017 meeting (currently scheduled for December 13-14, <br /> 2017) pursuant to Colo. Rev. Stat. § 34-32-103(6)(a)(III) and Hard Rock/Metal Mining Rule <br /> 1.13.5(1)(b). <br /> Production at the JD-9 Mine has been suspended due to adverse uranium market conditions. <br /> The mining operation also could not, and cannot now, recommence due to the injunction <br /> ordered by the United States District Court for the District of Colorado in Colorado <br /> Environmental Coalition v. Office of Legacy Management, 819 F. Supp. 2d 1193, 1224-225 <br /> (D. Colo. 2011). Although the District Court subsequently amended its injunction to exclude <br /> from the injunction's scope certain maintenance and reclamation activities and other work, it <br /> did not exclude from the injunction and, accordingly, still does not authorize "exploration, <br /> drilling [and] mining" on Uranium Lease Management Program lands. Colorado <br /> Environmental Coalition v. Office of Legacy Management, 2012 WL 628547 (D. Colo. Feb. <br /> 27, 2012). Earlier this year, the District Court confirmed that the injunction remains in <br /> effect. Colorado Environmental Coalition v. Office of Legacy Management,No. 08-cv- <br /> 1624-WJM-MJW, Order Denying Plaintiffs' Motion to Supplement (D. Colo. March 7, <br /> 2017) (ECF 146), at 3 ("That injunction remains in effect ...."). The injunction covers the <br /> JD-9 Mine. <br /> Cotter Corporation(N S L) Telephone(720)554-6200 <br /> 7800 E Dorado Place,Ste 210 Fax(720)554-6201 <br /> Greenwood Village,CO 80111 <br />