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Meridian; the .ID-8 mine is 20.1 acres and is located in Section 19, Township 46 North, <br />Range 17 West, 10`~ Primc Meridian; the JD-9 mine is 1 LI acres and is located in <br />Section 3l, Township 4G North, Range 17 West, 10`x' Primc Meridian. All three mines <br />arc in Montrose County, Colorado. <br />2. Cotter Corporation seeks to activate the mines alter a long period of intermittent activity. <br />Because of Cotter Corporation's request to activate the mints, the Division has <br />undertaken a review ofthc proposed operations to assess compliance with state <br />reclamation laws. Under Hard Rock, Metat and Designated Mining Operation Rule 7, 2 <br />CCR 407-I ("Rules"), the Division is to determine whether a mine site is a DMO. <br />3. As a result of the Division's review, the Division determined that the JD-6, JD-8 and JD- <br />9 mines are DMOs pursuant to Section 34-32-103(3.5)(a)(II) of the Mined Land <br />Reclamation Act, Section 34-32-101 e[ sey. C.R.S. (2005) ("Act"). <br />4. Pursuant to Rule 7.2., Cotter Corporation has appealed to the Board the Division <br />determination that the JD-6, JD-8 and JD-9 mines arc DMOs. <br />S. EMLC filed a motion requesting party status at the upcoming Board hearing on the DMO <br />designations. EMLC argues that it will be prevented from seeking Board review of the <br />DMO determinations if the Board overturns the Division decisions that the JD-6, JD-8 <br />and JD-9 mines are DMOs. EMLC argues that the Rules authorize review of Board <br />decisions only if the request for review comes from a party to the original action. If <br />EMLC is not a party to the original action, it cannot seek review under the Rules. <br />6. Both the Division and Cotter Corporation had no objection to allowing EMLC to <br />participate as a party at the upcoming Board hearing on the DMO designations. <br />M-1977-310, M-1984-014, M-1977-306 2 <br />Cotter, EMLC Motion to Intervene <br />