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ENFORCE31823
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ENFORCE31823
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Last modified
8/24/2016 7:43:11 PM
Creation date
11/21/2007 1:07:00 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977310
IBM Index Class Name
Enforcement
Doc Date
8/17/2007
Doc Name
Appellants Brief
From
MLRB
To
CO Environmental Coalition & the SAn Juan Citizens Alliance
Media Type
D
Archive
No
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Publicly available federal and state records indicate that exploration and mining have taken place <br />on these federally leased uranium deposits for nearly forty yeazs. The Division's records indicate <br />that buildings and structures, mine-waste rock piles, adits/inclines, vents, drill roads, drill holes, <br />petroleum tanks, and retention ponds are found on site. <br />In addition to state regulation under the Mined Land Reclamation Act ("MLRA") and the terms <br />contained in the federal lease, activities that take place on the SM-18 uranium mine are subject to <br />federal laws, including the National Environmental Policy Act and are subject to the oversight <br />responsibilities of the Department of Energy and the Bureau of Land Management. Activities <br />regazding SM-18 may also implicate the Endangered Species Act due to federal records <br />indicating the presence of protected species, including the listed southwestern willow flycatchers, <br />on the San Miguel River neaz Uravan. Public records also indicate that SM-18 is located in <br />important mule-deer winter habitat and that Bald Eagles are located in the area. Several species <br />of protected bats are also likely found on, in, or near SM-18 uranium mine. <br />Public records recognize that human health of both workers and the general public may be <br />impacted by exposure to both radiological and nonradiological hazazds on the lease tracts. This <br />mine is directly adjacent to a county road and located on federal public lands that, although <br />leased, remain open to multiple use by the public. <br />This mine has been operating sporadically since first obtaining an MLRB permit in 1978. The <br />DRMS file indicates that for much of that time, approximately 25 years, SM-18 has been idle and <br />in voluntary cessation status. Agency records, including those of MSHA, have identified multiple <br />health and worker exposure violations at the SM-18 mine. DRMS inspections have also <br />documented concerns and problems at this mine. <br />For instance, an inspection report dated May 12, 2005 indicates that numerous problems exist at <br />this uranium mine including, "oil spills, leaking pipes, deteriorating liners, lack of berms azound <br />stockpile areas and tracking of ore fines out of the stockpile areas..." A DRMS report and <br />analysis dated Apri15, 2005 indicates that "contamination build up of surface materials from <br />prolonged use of an area may be an issue of concern." <br />On October 5, 2005, and during a recent period when operations recommenced, DRMS <br />documented a 50 ton uranium ore stockpile "located adjacent to the county maintained road." <br />Although a recent inspection reveals that this 50 ton stockpile has been reduced by some amount, <br />it is reasonable to expect that exposed quantities of uranium ore similar to or exceeding the <br />documented 50 ton uranium ore stockpile will return should mining activity resume. Further, the <br />DOE has revealed that as much as 5000 tons of uranium ore remain ``stockpiled" on its 28 lease <br />tracts in Western Colorado, despite the fact that no significant production has occurred on these <br />leases for over 20 yeazs. <br />An inspection report, issued after the non-DMO finding and dated April 5, 2006 indicates that <br />active mining has "halted again for the near future." Even in inactive status, erosion is taking <br />
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