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~~~ /G/,,.-r <br />RECEIVED <br />SEP 1 8 2006 ~ <br />BEFORE THE MINED LAND RECLAMATION BOARD GRAND JUNCTION FIELD OFFICE <br />STATE OF COLORAD% ~~~,~ ~~BSAFErY <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF ~1ERGY MINERALS LAW CEN"PER'S APPEAL OF FINAL <br />DIVISION DECISION THAT THE COT"fER CORPORATION'S SM-18 M,jNE IS NOT A <br />DESIGNATED MINING OPERATION, FILE NUMBERS M-1978-116 <br />THIS 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-l8 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 appeazances 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 />1. 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 />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, th~Diyi~iE~~haOs <br />M-1978-116 <br />EMLC Appeal, SM-l8 <br />SEP 2 5 2006 <br />Division of reclamation, <br />Mining and Safety <br />