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~~~ <br />RECEIVED <br />SEP 1 2 2007' <br />GRAND JUNCTION FIELD OFFICE <br />DIVISION OF <br />BEFORE THE MINED LAND RECLAMAT ON BBE~IAHtTION MINING 8 SAFETY <br />STATE OF COLORADO <br />IN THE MATTER OF COTTER CORPORATION'S APPEAL OFF AL DIVISION t~ <br />DETERMINATION OF DESIGNATED MINING OPERATION TUS FOR THE JD-6, JD- <br />8, AND JD-9 URANNM MINES, FILE NUMBERS M-1977-310, M-1984-014, and M-1977- <br />306 <br />and <br />IN THE MATTER OF ENERGY MINERAL LAW CENTER'S APPEAL OF FINAL <br />DIVISION DETERMINATION REJECTING DESIGNATED MINING OPERATION <br />STATUS FOR THE SM-18 MINE, FILE NUMBER M-1978-116 <br />COTTER CORPORATION'S RESPONSE / <br />RE: THE DIVISION'S DETERMINATION THAT THE <br />JD-6 AND JD-8 MINES ARE DESIGNATED MIINING OPERATIONS <br />Cotter Corporation ("Cotter"), by and through its attorneys, Ryley Carlock & <br />Applewhite, submits the following Response to the Review of Division related to the final <br />determination by the Division of Reclamation, Mining and Safety ("Division") that the JD-6 and <br />JD-8 Mines are designated mining operations pursuant the Colorado Mined Land Reclamation <br />Act ("MLRA" or "Act"). <br />L SUMMARY <br />Cotter asks that the Mined Land Reclunation Board ("Board") reverse the final <br />determination of the Division that the JD-6 and JD-8 Mines are properly classified or to be <br />regulated as designated mining operations ("DMO") <br />