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<br />Background <br />1 <br />The SM-18 mine is afederally-leased wanium mine operated by Tomcat Mining Corporation, <br />which, according to federal agency records, took over the operation of the SM-18 mine on or <br />about February 2, 2005. Federal agency records also indicate that the SM-18 mine is part of a <br />916 acre Department of Energy ("DOE") tract leased to Cotter Corporation on or about 1995 for <br />a term of 10 years that either has expired or is set to expire in the near future. Publicly available <br />federal and state records indicate that exploration and mining have taken place on these federally <br />leased wanium deposits for nearly forty years. Public records indicate that buildings and <br />stmctures, mine-waste rock piles, aditsJinclines, vents, drill roads, drill holes, petroleum tanks, <br />and retention ponds are found on site. Currently available Mine Safety Health Administration <br />("MSHA") records list this particulaz operation as "abandoned." <br />In addition to state regulation under the Mined Land Reclamation Act ("MLRA") and the terms <br />contained in the federal lease, activities that take place on the SM-18 wanium mine aze subject to <br />federal laws, including the National Environmental Policy Act and are subject to the oversight <br />responsibilities of the Department of Energy and the Bweau of Land Management. Activities <br />regarding SM-18 may also implicate the Endangered Species Act due to federal records <br />indicating the presence ofprotected species, including the listed southwestern willow <br />flycatchers, on the San Miguel River near Uravan. Public records also indicate that SM-18 is <br />located in important mule-deer winter habitat and that Bald Eagles are located in the area. <br />Several species ofprotected bats are also likely found on, in, or neaz SM-18 uranium mine. <br />Public records recognize that human health of both workers and the general public maybe <br />impacted by exposwe to both radiological and nonradiological hazards on the lease tracts. This <br />C~ mine is directly adjacent to a county road and located on federal public lands that, although <br />leased, remain open to multiple use by the public. <br />This mine has been operating sporadically since first obtaining an MLRB permit in 1978. The <br />DMG file indicates that for much of that time, approximately 25 yeazs, SM-18 has been idle and <br />in voluntary cessation status. Agency records, including those of MSHA, have identified <br />multiple health and worker exposwe violations at the SM-18 mine. DMG inspections have also <br />documented concerns and problems at this mine. <br />For instance, an inspection report dated May 12, 2005 indicates that numerous problems exist at <br />this wanium mine including, "oil spills, leaking pipes, deteriorating liners, lack of beans around <br />stockpile areas and tracking of ore fines out of the stockpile areas..." A DMG report and <br />analysis dated Apri15, 2005 indicates that "contamination build up of surface materials from <br />prolonged us eof an area may be an issue of concern." <br />On October 5, 2005, and during a recent period when operations recommenced, DMG <br />documented a 50 ton uranium ore stockpile "located adjacent to the county maintained road." <br />Although a recent inspection reveals that this 50 ton stockpile has been reduced by some amount, <br />it is reasonable to expect that exposed quantities of uranium ore similar to or exceeding the <br />documented 50 ton uranium ore stockpile will return should mining activity resume. <br />