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The appellant notes that there was no public notice on the review of the SM-18 Mine DMO <br />status other than the publishing of the decision in the Board minutes. Rule 7.2.2 requires no other <br />notices other than posting notice of DMO status decisions in the Board minutes, and DRMS complied <br />with this notice requirement. <br />The appellant requests that the Board suspend the permit and prohibit activities on site until <br />Cotter submits and gains Board approval of an Enviromnental Protection Plan ("EPP"). Should the <br />Board determine that DRMS is in error, this request is contrary to Rule 7.2.3(2)(a) which provides the <br />permit holder 60 days to demonstrate that the elements of an EPP are already in place, and Rule <br />7.2.3(2)(b) which affords the permit holder 180 days to submit a full plan for Division approval. <br />Moreover, the request for no activity on site is inconsequential as the mine is on stand-by status and is <br />not currently operating. <br />The appellant refers to issues which are either factually incorrect or are non-jurisdictional to <br />DRMS. First, the claim that Cotter does not have a current lease with the Deparhnent of Energy <br />("DOE") is misleading. DOE refutes this alleged lease issue. Staff discussions with DOE note the ten <br />year lease signed in 1996 and terminated in 2006. The lease, however, was extended by ten months so <br />DOE could complete a Programmatic Environmental Impact Assessment and there have been two <br />additional six month extensions of the lease since, which means the lease has not expired. <br />The National Environmental Protection Act ("NEPA") is referenced through out the appellant's <br />document. Also mentioned is the Endangered Species Act ("ESA"). NEPA and ESA requirements are <br />administered through the federal agency that has oversight of the lands in question. In this case the <br />DOE. DRMS has no jurisdiction to enforce the NEPA or ESA requirements. However, the MLRB and <br />DRMS may impose permit conditions to mitigate potential impacts to threatened and endangered <br />species. See §§ 34-32-102 and 116.5(6), C.R.S.; 2 CCR 407-1, Rule 3.1.8. <br />The appellant claims health concerns for mine workers and recreational users of active and abandoned <br />mines. Today the Mine Safety Health Administration ("MSHA") heavily regulates exposures and other <br />health risk to these workers and the DRMS has no jurisdiction in the regulation or enforcement of such <br />issues. <br />Radon emissions from old mines and current mining activities are cited by the appellant. DRMS <br />has no jurisdiction to regulate air emissions. Abandoned mine work addresses old mine emissions. The <br />Colorado Department of Public Health and the Environment's ("CDPHE") Air Quality Contro] Division <br />issues all air emissions permits and regulates radon emissions. <br />The appellant refers to DRMS inspections of the SM-18 Mine from April of 2005 to the present. <br />Several inaccuracies are stated which need to be ciarified. Appellant cites purported DRMS inspection <br />reports that note oil spills, leaking pipes, deterioration of pond liners, lack of berms around stockpiles <br />and a build up of contamination from prolonged use of ore storage areas at the SM-18 Mine. A review <br />of all previous inspections for the SM-18 reveals no reference to leaking pipes, deteriorating pond liners <br />or a build up of contamination. These issues are noted at other Cotter sites in inspection reports not <br />related to the SM-18 Mine. The appellant confuses four separate sites in its generalization of the <br />reports. The issues of concern noted at the SM-18 Mine are issues of general maintenance and did not <br />constitute major problems as the appellant would have the Board believe. Cotter complied with <br />corrective actions in a timely manner and to DRMS satisfaction. No Notices of Violation were issued. <br />