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Before addressing Cotter's submissions and the Division's review, it is important to point <br />out that the Appellant fails to recognize the facts related to the ore bearing layer at the SM-18 <br />Mine. Appellant states at page 1 ] of its Brief, "In addition, no analysis has been provided <br />regarding DMO status being triggered by the hydrological impacts of dewatering the ore bearing <br />layer." Lest the Boazd be misinformed by the Appellant, it is important to note that there is no <br />water in the SM-8 Mine. Operations have not encountered water sufficient to warrant any <br />dewatering. The ore bearing layer will not be dewatered; it's already dry. <br />While it may be possible that the SM-18 Mine could be considered a designated mining <br />operation if all one focused on was the definition in the Act, the Board in the context of this <br />hearing has the ability to determine otherwise. Cotter submits that contaminants that could <br />possibly be released from the SM-18 Mine indeed will not be released in quantities sufficient to <br />require environmental protection facilities as the releases, if they occur, will not be "sufficient to <br />adversely affect any person, any property, or the environment." <br />The Division addressed these provisions, and pursuant to Regulations at 7.2.4(a) issued a <br />Notice of Final Decision in the Boazd's monthly agenda. The Division concluded: <br />Division Staff has carefully reviewed the reports and modeling concerning the SM-18 <br />Mine. The Division finds that Cotter Corporation has satisfactorily demonstrated that the <br />operation is aNon-Designated MO. The Staff accepts that contaminates [sic] from the <br />waste rock or underground workings will not have a deleterious effect on the <br />groundwater quality in the immediate area. Therefore, the Division withdraws its initial <br />designation of DMO status per Rule 7.2.4(1)(a) and determines the SM-18 Mine is a <br />Non-DMO mine. <br />See, Notice of Determination of Non-Designated Mining Operations Status, Cotter Corporation, <br />March 24, 2006. <br />In its review dated March 6, 2006, the Division stated: <br />The Division accepts that contaminants from waste rock piles or underground workings <br />within approximately one-half mile of the SM-18/Wright Mine dump would be <br />