GENERAL37241

• Permit No: M1978116
• IBM Index Class Name: General Documents
• Doc Date: 6/6/2006
• Doc Name: DMO Status Appeal
• From: Energy Minerals Law Center
• To: DMG
• Permit Index Doc Type: DMO
• Media Type: D
• Archive: No

Energy Minerals Law Center ~ ~~ /
a nonprofit !aw Error serving communities impacted by energy mining ` ' /
1911 Main Avenue, Suite 238, Durango, Colorado 81301
Phone: [phone] Fax: [phone]
Email: [e-mail]
June 6, 2006
VIA FACSIMILE, WITH HARD COPY TO FOLLOW ~y~C~~, /~D
Bruce Humphries ~
Mineral Program Supervisor ` ~ JUL 3 7 2006
Division of Minerals and Geology
Colorado Dept. of Natural Resources di~i~~an at Mmera~s and Oeobgy
1313 Sherman Street, Room 215
Denver, CO 80203
Fax # [phone] / /
RE: Cotter Corporation SM-l Uranium Mine (DMG Permit No. 19784-11/6)
DMO Status Appeal
Dear Mr. Humphries:
This letter concerns, and is intended to supplement, the recently appeal filed by the
Colorado Environmental Coalition (CEC), San Juan Citizens Alliance (SJCA), and the
1 Information Network for Responsible Mining (INFORM) with respect to the Division of Mineral
J and Geology's (DMG's) consideration of the Cotter Corporation's SM-18 Mine for Designation
Mining Operation (DMO) status. It has recently come to our attention that the SM-18 Mine has
been variously categorized by the DMG as both a 110 operation and a 112 operation, depending
on the document in review, and that this confusion may affect the outcome of the pending appeal
regarding the DMO status for the SM-18 Mine.
With regard to the conflicting documentation categorizing the SM-18 Mine variously as a
110 versus a 112, an Apri15, 2005 Memorandum from Russ Means to Carl Mount Re: Cotter
Corporation, Active Uranium Mine Permit Review and Preliminary Report discussing the
DMG's ongoing process of determining DMO status for several Cotter uranium mines, including
the SM-18 Mine, identifies the SM-18 Mine as under consideration for 110d status. Further, an
October 5, 2005 inspection report for the SM-18 Mine identifies the mine as a 110 operation.
However, the DMG's online mine/operator database identifies the SM-18 Mine as an
operation permitted as a 112 operation. Further, the DMG's August 23, 2004 Inspection Report
for the SM-18 Mine identifies the SM-18 Mine as a 112/underground operation. Most directly, a
June 23, 2005 letter from Dick White, Project Geologist, Cotter Corporation to Russ Means,
DMG unequivocally states that "Permit No. M-1978-116 is a regular 112 permit covering the
mining on the U.S. Department of Energy lease tract, C-SM-18." This statement by Cotter
' All of the documents referred to in this submission are attached hereto in the order they are
referenced.