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• Limit groundwater circulation in mines by reducing permeability and hydraulic isolation. • Seal shafts, boreholes, and other access routes. • Seal fracture and fissure zones. • Dam up individual parts of the mine to prevent circulation. • Use chemically active backfills to create reactive barriers that reduce contaminant migration. Surface Impoundments of Mine Waste Materials • Divert surface water by developing channels. • Cap impoundments to limit infiltration of atmospheric precipitation. • Place waste materials selectively to facilitate containment. • lnstall reactive inter-layers (crushed limestone) to control pH. • Encourage the development of anoxic conditions by adding bacterial growth media, such as manure or wood chips. Exh. 6 (EPA TENORM Report) at 4-11 - 4-12. As set forth below, the unique features of uranium mining and the requirements of the MLRA mandate that the development, consideration, and approval of the EPP as the proper place to analyze and adopt the unique measures needed to address the acid-forming and toxic materials involved with the SM-18 underground uranium mine. V. ARGUMENT Here, because the record in this case unequivocally establishes that "acid or toxic-forming materials" are undoubtedly present, the Division committed legal error in determining that the SM-18, a 112 Operation, did not meet the definition of a DMO. The Board may remedy the error by reinstating the July 25, 2005, DMO determination and confirming that Cotter has not met its substantial burden of proof in seeking an exemption from the DMO provisions. A. The MLRA Requires Reinstatement of the July 2005 Determination of DMO Status 1. The SM-18 Uranium Mine is a DMO as a Matter of Law This appeal involves important questions of statutory interpretation. As stated by the Colorado Court of Appeals, "[e]ven if pure questions of law aze concerned, agency review of the challenged action is desirable in order to provide the court with the benefit of the agency's considered interpretation of its enabling statute." Kendal v. Cason, 791 P.2d 1227, ] 229 (Colo. Ct. App. 1990). As a matter of law, the SM-18 mine is a designated mining operation. The Mined Land Reclamation Act ("MLRA") unambiguously defines a DMO very broadly and without reference to mitigation measures that may be taken to address the toxicity of the relevant materials. "Designated mining operation" means a mining operation at which: