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~~o~d Dr~~.~~~P <br />~FcF~~FD <br />SEp ?0 <br />BEFORE THE MINED LAND RECLAMATION BOARD ~ivis~on o; ~ 4 ~6 <br />STATE OF COLORADO ,, ,[ M~o~o9apasaeation, <br />q Y' ~ S ~t° (~!J 1~1~ ~ <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AN.D ORDER <br />.- <br />[N THE MATTER OF ENERGY MINERALS LAW CEN"PER'S APPEAL OF FINAL <br />DIVISION DECISION THAT TFIE COTTER CORPORATION'S SM-l8 MITIE IS NOT A <br />DESIGNATED MfNING OPERATION, FILE NUMBERS M-1978-116 ,/ <br />T[ IIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />August 16, 2006, in Denver, Colorado for consideration of an appeal of a decision by the <br />Division of Reclamation, Minerals and Safety ("Division") finding that the Cotter <br />Corporation's SM-18 mine is not a designated mining operation or "DMO". The file <br />number in this matter is M-1978-116. Jeff Parsons and Travis Stills made appearances for <br />the Energy Mineral Law Center and Western Mining Action Project on behalf of Colorado <br />Environmental Coalition, San Juan Citizens Alliance, and Information Network for <br />Responsible Mining (collectively "EMLC"). John Watson appeared on behalf of Cotter <br />Corporation. Russ Means and Cheryl Linden appeared on behalf of the Division. <br />The Board, having considered the parties' presentations and having been otherwise fully <br />informed of the facts in this matter, hereby enters the following findings of fact, conclusions of <br />law and order: <br />Cotter Corporation holds a Section 112 permit for the SM-18 underground uranium mine <br />on property leased from the United States government. The SM-18 mine is 14.9 acres in <br />size and is located in Section 22, Township 48 North, Range 17 West, 10`h Prime <br />Meridian, Montrose County, Colorado. <br />2. Cotter Corporation seeks to activate the SM-18 mine after a long period of intermittent <br />activity. Because of Cotter Corporation's request to activate the mine, the Division has <br />M-1978-I1b <br />EMLC Appeal, SM-IS <br />