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Page 3 Cotter Corporation: Permit No. M-1978-116 (SM-18 Mine The Division of Reclamation, Mining and Safety ("DRMS" or "Division") hereby notifies the parties of the following determination regarding the Designated Mining Operation ("DMO") status of Cotter Corporation's Permit Number M-1978-116, the SM-18 Mine ("Mine"). DRMS reaffirms and amends the initial determination of DMO status dated July 25, 2005, and reverses the previous DRMS non-DMO finding dated March 9, 2006. This notification reinitiates the DMO determination, review and appeal process for the SM-18 Mine, as described in Rule 7.2 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated Mining Operations ("Rules"). This determination is based upon further review and consideration of the applicable definitions regarding DMO designation contained within the Colorado Mined Land Reclamation Act, C.R.S. § 34-32-101 ("Act"), the Rules, and the site specific factors present at the Mine. The Mine has the potential to expose or disturb acid or toxic-forming materials as a result of mining as indicated by the DMO determination dated July 25, 2005. The DRMS acknowledges the subsequent March 9, 2006 Division position that DMO status could be removed based upon a prediction of unlikely adverse impacts to ground water, However, upon further consideration, the DRMS asserts that the basis for the non-DMO designation was inappropriately narrow in scope, and was not adequately based upon site-specific data. The DRMS further acknowledges that certain definitional exclusion language exists at C.R.S. § 34-32-103(3.5) (b); however, Cotter Corporation has not provided adequate site-specific data and analysis to substantiate the potential applicability of the exclusion. Any discussion of potential exclusions must also take into consideration the additional definitional context and clarifications presented within the applicable sections of the Rules. The DRMS asserts the DMO status of the SM-18 Mine based upon a lack ofsite-specific data and analysis to ensure that acid and/or toxic materials will not be exposed or disturbed, or that acid and/or toxic materials will not adversely affect any person, any property, or the environment. The SM-18 Mine site is immediately adjacent to a public road, thus increasing the likelihood of public risk. DRMS notes the lack of site-specific data and analysis to address the possibility of acid or toxic materials transport to local surface water, ground water and adjacent property in potentially harmful quantities. Cotter has not provided actual ground water data for the area, or for the potential underground mining zone. Data and analysis are also lacking regarding the potential for contaminant transport mechanisms, including potential ground water flow via geologic fractures, potential off-site transport of disturbed area runoff to the adjacent surface and near surface due to snowmelt and rainfall events, and potential airborne transport of polluting materials. The DRMS herby determines that the Mine is a DMO based upon the definitions within the Act and Rules. The SM-18 permit must be amended to comply with the DMO requirements, and to comply with the various applicable performance standards of the Act and Rules.