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~~ ~ STATE C;F COLORADO <br />DIVISION OF MINERALS AND G <br />Department of Natural Resources <br />1 1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />September 2, 2005' <br />Steven Landau <br />Cotter Corporation <br />7800 E. Dorado Place, Suite 210 <br />Englewood, Colorado 80111 <br />COLORADO <br />DIVISION O F <br />R~C~~~~~ MIN SRALS <br />GEOLOGY <br />RECLAMATION•M IN ING <br />JUL 3 I LUUY I SAFETY•SCIEN CE <br /> <br />Dlvlslon of Minerals and GeObgy Bill Owens <br /> Governor <br /> Russell George <br /> Executive Director <br /> <br />,y ~` ~/ <br />~ ~ <br />y~ <br />~ Ronald W. Cattany <br />r <br />/ p <br />U <br />~ Division Direcor <br /> Natural Resource Trustee <br />Re: Designated Mining Op n DMO Determination File Numbers: <br />M-1977-3IQ JD-6 Mine -19 -OI4, JD-8 m M-1977-306, JD-9 Mine / <br />M-1978-I16, SM-I8 Mine, Acknow a gemen o Appeal To Division Decision ofDMO Status <br />and Granting of Extension For Data Gathering. <br />Dear Mr. Landau: <br />The Division of Minerals and Geology received Cotter Corporation's notice that it intends to <br />appeal staffls initial decision that the above referenced sites meet the definition of a Designated <br />Mining Operation Per Rule 7.2 and are subject to Rule 7 of the Hard Rock /Metals Regulations. <br />Cotter's appeal of this decision is in accordance with Rule 7.2.4(b). <br />hi order for Cotter Corporation to gather hydrological and geological data to support its appeal, <br />an extension to the scheduling of the Mined Land Reclamation Board Hearing on the matter has <br />been requested. The Division notes that a hydrologist has been hired to complete modeling and <br />evaluations for Cotter's appeal and is requesfing an additiona145 days to complete these tasks. <br />DMG staff will require adequate time to review Cotter's findings prior to the Board hearing as <br />well. The Division agrees that an extension is warranted and grants Cotter the additional 45 days <br />and notes that October 17~', 2005 will be deadline for completion of the site evaluations. Based <br />on the October 17s' deadline, it appears that the appeal will be scheduled for the November 16'" <br />and 17`s, 2005 Boazd Hearing. Should Cotter require additonal time beyond that granted with this <br />extension, a written request should be sent to the Division as soon as possible for review. <br />If you need additional informafion, please contact Russ Means at the Division of Minerals and <br />Geology, Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado <br />81501, telephone no. 970.241.1117. <br />Sincerely~~ i~"aw+'( ~~~~~f 9---~ <br />v _ ' ~.cE~.70~c•~d <br />Bruce Humphries <br />Minerals Program Supervisor <br />Cc: Carl Mount, North Team Senior Specialist, Denver Office <br />Cc: Russ Means, Grand Junction Field Office <br />Cc: Dave White, Cotter Corporation, Nucla Office <br />Office of Office of Colorado <br />Mined Land Reclamation Ac[ive and Inactive Mines Geological Survey <br />