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~ RECEI~v'ED <br />~~~ AUG 2 6 :'=~;5 ~ <br />COTTER '~ Division of Minerals and Geology <br />Mr. Bruce Humphries <br />Minerals Program Supervisor // <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman, Room 215 <br />Denver, Colorado 80203 <br />August 25, 2005 <br />Re: Designated Mining Operation Determination; File Nos: ~ <br />M-1977-319, JD-6 Mine <br />M-1988-014, JD-8 Mine ~ <br />M-1977-306, JD-9 Mine <br />M-1978-116, SM-18 Mine <br />Deaz Mr. Humphries, <br />This is written to appeal the Division's determination of July 25, 2005 that the above- <br />captioned mining facilities constitute Designated Mining Operations under the auspices <br />of Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board, <br />Please note that while the correspondence received from the Division was dated July 25, <br />2005, Cotter did not actually receive the letters until after its meeting with staff on July <br />26, 2005. <br />The purpose of Cotter's appeal pertains to its belief that these facilities ate not in fact <br />DMO's. It is our contention that once hydrologic modeling and geologic evaluations can <br />be completed sufficient information can be provided to support the position that these <br />mines aze not actually DMO's. However, in order to do so Cotter needs time to complete <br />the modeling and evaluations described by your staff on July 26, 2005, and which are <br />necessary to demonstrate that the DMO designations are not warranted. In this regard, <br />Colter has hired a consulting hydrogeologist and we will need 45 days to complete this <br />work. Accordingly, we request by means to this correspondence that the Division allow <br />Cotter until October 17, 2005 to complete these hydrologic and geologic evaluations. <br />If you should have any questions regarding this matter, please contact Mr. Dick White of <br />our Western Slope Operations Office at (970) 864-7347. <br />Sincerely, <br />U <br />Steven D. Landau <br />Manager, Environmental Affairs <br />Cotter Corporation Telephone 1720) 554-6200 <br />7800 E. Dorado Place, Suite 210, Englewood, CO 80111 Fax (720) 554-6201 <br />