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equilibrium and contained within the ores, Radium-226 and the other radionuclides continue to emit gamma radiation. Elevated gamma radiation is always found at uranium mine sites. The primary contributors to gamma exposure are the decay products of radium; the higher the radium present, the higher the ultimate gamma exposure rate. Opening Brief, Exh. 5 (EPA TENORM Report at 3-25). The DRMS further admits that the non- DMO analysis and conclusion ignores the use of radium as a measure of adverse effects that uranium ore poses for persons and the environment. DRMS Response at 3("DRMS did not test fro Radium 226"). "radium-226 is a key metric [for two important reasons:] its decay products give off strong gamma radiation that is easy to measure, and it has the most significance for human health risks due to radon generation." Opening Brief at 7 (quoting TENORM Report at 3-21 - 3-22). These aspects of the DRMS Response suggests that the DRMS currently lacks the radiological information necessary to fully evaluate analyze regulate the toxic, acid-forming and radiological characteristics that are unique to uranium mines. Instead of allowing the SM-18 Mine to operate outside of the DMO requirements in the MLRA, the process of reviewing and assessing a proposed EPP would be an excellent opportunity for the DRMS to address these unique issues. Certainly, DRMS staff could seek the input from the CDPHE and other agencies with significant expertise and experience with the impacts of a federal uranium program that has affected Western Colorado for the past 60-plus years. As stated in the Appellants' Opening Brief: under the MLRA, the proper place for the analysis of the unique factors posed by uranium mines -and the measures necessary to address and treat the toxic and acid-forming materials - is the Environmental Protection Plan ("EPP") that is required by the DMO designation. Not only is a non-DMO status unsupported by facts the mine file, providing SM-18 with anon-DMO determination or a DMO exemption would short-circuit the statutory process meant identify and address these problems. Id. at 7. Likewise, the DRMS assertions that many of the wastewater strategies discussed by EPA should be included in an EPP that is subjected to public and inter-agency scrutiny before any further mining operations take place as the SM-18. In sum, the DRMS has made anon-DMO determination based on inadequate and erroneous information. Cotter's request for this Board to grant a DMO exemption in these proceedings is addressed in the next section.