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Intervenors may be adversely affected or aggrieved by any determination that the JD-6, JD-8, or <br />JD-9 mines do not qualify for DMO status, as requested by the Cotter Corporation. These <br />uranium mines have a problematic history ofnon-compliance and problems that require fully <br />informed and transpazent regulatory decisions. Intervenors intend to participate in the additional <br />procedural opportunities that are provided by the heightened regulatory standazds for mines with <br />DMO status. <br />Factual Background <br />The JD-6, JD-8, and JD-9 mines ("JD Mine Complex") aze part of afederally-leased uranium <br />mine complex operated by Cotter Corporation. Federal agency records indicate that these mining <br />operations aze included in a Department of Energy ("DOE") tract leased to Cotter Corporation on <br />or about 1995 for a term of 10 yeazs that either has expired. Publicly available federal and state <br />records indicate that intermittent exploration and mining have taken place on these federally <br />leased uranium deposits for neazly forty years. Public records indicate that buildings and <br />structures, mine-waste rock piles, adits/inclines, vents, drill roads, drill holes, petroleum tanks, <br />dewatering equipment, and retention ponds aze found on site. <br />In addition to state regulation under the MLRA and the terms contained in the federal lease, <br />activities that take place on the JD Mine Complex aze subject to federal laws, including the <br />National Environmental Policy Act and are subject to the oversight responsibilities of the <br />Department of Energy and the Bureau of Land Management. Activities regazding JD Mine <br />Complex may also implicate the Endangered Species Act due to federal records indicating the <br />presence of protected species, including the listed southwestern willow flycatchers, on the actual <br />lease tracts. Public records also indicate that the JD Mine Complex is located in important mule- <br />deer winter habitat and that Bald Eagles are located in the area. Several species of protected bats <br />are also likely found on, in, or neaz the JD uranium mines. Public records recognize that human <br />health of both workers and the general public may be impacted by exposure to both radiological <br />and nonradiological hazazds on the lease tracts. These mines aze located on federal public lands <br />that, although leased, remain open to multiple use by the public. <br />These mines have been operating sporadically since first obtaining MLRB permits in 1970s and <br />early 1980s. The DRMS files indicate that for much of that time, approximately 25 yeazs, these <br />mines has been idle and in voluntary cessation status. Agency records, including those of Mine <br />Safety Health Administration have identified multiple health and worker exposure violations at <br />the JD mines. DRMS inspections have also documented concerns and problems at these mines. <br />The DRMS report and analysis dated April 5, 2005 indicates that "contamination buildup of <br />surface materials from prolonged use of an area may be an issue of concern" at all these mines. <br />As a single example of the impacts, "major erosion has occurred" at the JD-6 Mine and the <br />associated Mineral Joe Claims. During a recent, but brief period of active mining in 2005, <br />"approximately 50 tons of materials was observed stockpiled" at the JD-6 mine to maximize <br />haulage efficiency. At the JD-9 mine, "60 to 80 tons of ore [were] noted stockpiled" and ponds <br />were "beginning to show their age." <br />