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GENERAL39703
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GENERAL39703
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Last modified
8/24/2016 7:59:05 PM
Creation date
11/23/2007 10:19:04 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1984014
IBM Index Class Name
General Documents
Doc Date
6/6/2006
Doc Name
Motion to Intervene in Cotter Corporations Appeal of Final Determination
From
Energy Minerals Law Center
To
DMG
Permit Index Doc Type
DMO
Media Type
D
Archive
No
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Also, an inspection report dated May 12, 2005 indicates that numerous problems exist at these <br />uranium mines including, "oil spills, leaking pipes, deteriorating liners, lack of berms around <br />stockpile areas and tracking of ore fines out of the stockpile areas..." <br />Although a recent inspection reveals that the stockpiles may have been reduced by some amount, <br />it is reasonable to expect that exposed quantities of uranium ore similar to or exceeding the <br />documented uranium ore stockpile will return should mining activity resume. <br />A recent inspection report, issued after the non-DMO finding and dated April 5, 2006 indicates <br />that active mining has halted again for the near future. This recent inspection reflects an <br />inactive state and is most relevant to requirements regarding cessation and reclamation in the <br />event that the DOE should decide, based on ongoing federal analysis, that the federal lease for <br />JD Mine Complex will not reissue. <br />The DOE is currently conducting an Environmental Assessment to determine whether or not to <br />continue its uranium leasing program in Western Colorado. DMG has participated in the DOE <br />analysis, although no documentation of the DMG comments or other participation is reflected in <br />the mine files. <br />In sum, the JD-6, JD-8, and JD-9 aze oid uranium mines which operated sporadically for several <br />decades, have been restarted and operated for a short time in 2005, and have potentially <br />significant environmental and human health problems that aze identified in public records. The <br />mines restarted for a short time in 2005, but active mining operations at the mine haves again <br />ceased, and the federal owner is currently considering the permanent cessation of the leasing <br />program that includes this mine. <br />th.; r~ <br />2) Intervenors Seek Dismissal of the Cotter Appeals <br />Second, intervention is sought to request the dismissal of the Cotter "appeals" as failing to meet <br />the requirements of the MLRA and MLRB Rules that require that all appeals (except those <br />appeals filed pursuant to Rule 1.4.9) "shall list and explain any issue the petitioner <br />believes should be considered by the Board." HRMM Rules 1.4.11(1)(d). This provision <br />requires that the appeal provide notice and a brief explanation of the issues, but does not require <br />that the issues be fully argued and proven in an appeal request. The cursory Cotter filing violates <br />the MLRB Rules and fails to provide the public, the Board, and the DMG with the necessary <br />notice of the basis of the appeal. The appeal also lacks the basic information for the public to <br />consider whether or not the appeal raises legitimate issues or the extent to which the appellant's <br />issues may affect their interests. <br />Irr sum, Intervenors' second position is that the Cotter filing is not consistent with the "notice and <br />procedure requirements that open the DMO process to all interested members of the public" and <br />that "ensures that potential DMO's are carefully reviewed in a public forum." Statement of <br />Basis Specific Statutory Authority and Purpose, April 13, 1994 at I 1-12. <br />
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