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-?v'ko -/M - I Atli - 310 <br />RECEIVED <br />AUG 2 5 2008 <br />JOHN W.SUTHERS <br />Attorney General <br />CYNTHIA H. COFFMAN <br />Chief Deputy Attorney General <br />DANIEL D. DOMENICO <br />Solicitor General <br />? STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />Division of Reclamation, <br />Mining and Safety <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 7th Floor <br />Denver Colorado 80203 <br />Phone (303) 866-4500 <br />v/ August 22, 2008 <br />John L. Watson <br />Ryley, Carlock & Applewhite <br />1999 Broadway, Suite 1800 <br />Denver, CO 80203 <br />6/ <br />RE: Cotter Mines - Mootness of Cotter's Appeals of Division's DMO Designations - <br />Environmental Protection Plan Requirements <br />Dear Mr. Watson: <br />As you may recall, Scott Wilkonson of our office represented the Division of Reclamation, <br />Mining and Safety in Cotter's appeals of the Division's designations of Cotter's JD 6, 8, and <br />9 mines and the SM 18 mine as designated mining operations ("DMO"). Scott has left the <br />Attorney General's Office. <br />It is my understanding from a review of the file that the Division has found that all four <br />Cotter mines are DMOs and that Cotter has appealed all of the DMO designations. In a <br />January 16, 2008, letter, Cotter submitted a report "to provide relevant data and technical <br />analysis for the statutory exclusion" of the Cotter mines from the statutory definition of <br />DMO. Given legislative changes to the Mined Land Reclamation Act, Cotter's appeals are <br />now moot. <br />In the 2008 legislative session, the General Assembly passed House Bill 1161. This bill <br />changed the statutory definition of DMO to include all uranium mines. In addition, the <br />Legislature made the provisions of the bill applicable to all pending permit applications, <br />currently permitted mining operations and operations permitted on or after the effective date <br />of the bill. The Governor signed HB 1161 into law on May 20, 2008. Thus, by operation of <br />this new law, all of the Cotter mines are designated mining operations. As such, Cotter's <br />appeals of the Division's DMO designations are moot. Further, since these mines are by <br />definition DMOs, Cotter is required to either demonstrate that the current Cotter permit for <br />each mine contains the necessary elements of an environmental protection plan ("EPP") or <br />submit an EPP for each of its mines. C.R.S. § 34-32-116.5; 2 CCR 407-1, Rules 7.1.3(2) and <br />7.2.3(2)(a). The demonstrations or EPPs must comply with the requirements set forth in <br />Rule 6.4.20. <br />Accordingly, pursuant to C.R.S. § 34-32-116.5 and Rule 7.2.3(2), the Division hereby directs <br />Cotter to either submit within 60 days of this letter a demonstration that the existing permit