Laserfiche WebLink
undertaken a review ofthe proposed operation to assess its compliance with state <br />reclamation laws. Under Hard Rock, Metal and Designated Mining Operation Rule 7, 2 <br />CCR 407-1 ("Rules"), the Division is to determine whether mine sites are DMOs. <br />3. Following its review of the mine operation, the Division determined that the SM-18 mine <br />is not a DMO pursuant to Section 34-32-103(3.5)(a)(II) of the Mined Land Reclamation <br />Act, Section 34-32-101 et sey. C.R.S. (2005) ("Act"). <br />4. Pursuant to Hard Rock, Metal and Designated Mining Operation Rule ("Rules") 7.2., <br />EMLC filed a timely appeal to the Board challenging the non-DMO status for the SM-18 <br />mine. <br />5. EMLC, the Division and Cotter Corporation now seek confirmation that the appeal of the <br />SM-18 mine by EMLC and the appeal by Cotter Corporation of the DMO status of the <br />JD-6, JD-8 and JD-9 mines will be heard at the same Board hearing in April 2007. <br />6. Based upon the request of Division, EMLC and Cotter Corporation, it is appropriate for <br />the Board to order that the EMLC appeal of the SM-18 mine be heard at the April 2007 <br />Boazd hearing along with the Cotter Corporation appeals of the JD-6, JD-8 and JD-9 <br />mines. Furthermore, it is reasonable to order the parties to schedule a prehearing <br />conference to discuss the EMLC appeal prior to the April 2007 Board meeting. <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Boazd hereby GRANTS the <br />request of the Division, EMLC and Cotter Corporation to heaz EMLC's appeal of the SM-18 <br />non-DMO designation at the Apri12007 Board meeting along with the appeals of the JD-6, JD-8 <br />and JD-9 mines. The Boazd hereby orders the Division, EMLC and Cotter Corporation to <br />schedule a prehearing conference in this matter consistent with the Rules. <br />M-1978-116 <br />EMLC Appeal, SM-18 <br />