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,X~~VS 9'JNINIW NOIIVWH1~32! BEFORE THE MINED LAND RECLAMATION BOAR/D so NOlslnlo 301j~0 al3li MoI ~aNnf ONV21'J STATE OF COLORADO LOOZ ti T d3S ~ IN THE MATTER OF COTTER CORPORATION'S APPEAL OF FINAL a3AL•3 X321 DETERMINATION OF DESIGNATED MINING OPERATION STATUS FOR THE JD-6, JD- 8, AND JD-9 URANIUM MINES, FILE NUMBERS M-1977-310, M-1984-014, M-1977-306, and IN THE MATTER OF ENE Y MINERALS LAW CENTE 'S APPEAL OF FINAL DIVISION DETERMIN~ON REJECTING DESIGNtD MINING OPERATION STATUS FOR THE SSM-18 MINE, FILE NUMBER M-1978-116 APPELLANTS' COMBINED REPLY BRIEF IN SUPPORT OF A BOARD DETERMINATION THAT THE SM-18 UNDERGROUND URANIUM MINE IS A DESIGNATED MINING OPERATION Through undersigned counsel, Information Network for Responsible Mining (INFORM), Colorado Environmental Coalition, and the San Juan Citizens Alliance (collectively "appellants") hereby submit this reply brief to address the responses filed by Cotter Corporation and the Division of Reclamation, Mining and Safety's ("Division" or "DBMS") on August 29, 2007. Neither Cotter nor the DBMS have identified a legal or factual basis that supports reversal of the Division's original, correct July, 2005 factual findings and the legal determination that the toxic and acid-forming materials at the SM-18 mine satisfy the DMO criteria of the Mined Land Reclamation Act ("MLRA"). Exh. 2 (July 2005 DMO Determination). C.R.S. § 34-32- 103(3.5)(x). The plain language of the MLRA requires the Board is required to reinstate DMO status where, as here, both Cotter and DBMS concede that: 1) toxic and acid forming materials exist in quantities that satisfy the MLRA's DMO criteria, 2) the DBMS reversed its initial DMO determination based solely on the question of whether groundwater violations were likely to occur; and, 3) numerous pathways and known adverse affects unique to uranium mines are ignored by both Cotter and the DBMS. See C.R.S. § 34-32-103(3.5)(x) (DMO Criteria). In particular, DMO status must be recognized and applied where, as here, there is no dispute among the parties as to the following: • No party has challenged the Division's factual finding that uranium mining has and will expose toxic and acid forming materials at the SM-18 uranium mine. (July 2005 DMO Determination).