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G~~ <br />RE~~I~ED <br />/ SEP 1 2 2007 <br />GRAND JUNCTION FIELD OFFICE <br />BEFORE THE MINED LAND RECLAMATION BOARD DIVISION OF <br />STATE OF COLORADO RECLAMATION MINING&SAFETY <br />IN THE MATTER OF COTTER CORPORATION'S APPEAL OF FINAL DIVISION <br />DETERMINATION OF DESIGNATED MINING OPERATION STATUS FOR THE JD-6, JD`s <br />8, AND JD-9 URANIiJM 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 DI SION'S DETERMINATION THAT THE <br />JD-9 MIN S A DESIGNATED MIINING OPERATION <br />Cotter Corporation ("Cotter"), by and through its attorneys, Ryley Oarlock & <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 7D-9 <br />Mine is a designated mining operation pursuant the Colorado Mined Land Reclamation Act <br />("MLRA" or "Act"). <br />L SUMMARY <br />Cotter asks that the Mined Land Reclamation Board ("Board") reverse the final <br />determination of the Division that the JD-9 Mine is properly classified or to be regulated as a <br />designated mining operation ("DMO"). <br />