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quantities sufficient to adversely affect any persmr, any property m• the environment, the <br />Board sha-I exempt such operatimrs...." [Emphasis added.] See also Rule 7.2.6(1). <br />Therefore, as the Division states in its June 15, 2005 review memorandum related <br />to the SM-18 Mine, on a site specific basis, depending on how the ore and waste rock are mined, <br />handled, or stored, "it may be feasible fa- operators to demonstrate that quantities of <br />released pollutants will be insufficient to adversely affect persons, property or the <br />environment." [See June 1S, 2005 memorandum, Division of Minerals and Geology, addressed <br />to Hany Posey from Steve Shuey and Russ Means, titled, "SPLP Results Review: Cotter <br />Corporation SM-18 (Wright) Mine; M-1978-116," at page 2, emphasis added.] <br />B. The JD-9 Mine Should Be Treated the Same as The SM-18 Mine. <br />Cotter submits that contaminants that could possibly be released from the JD-9 Mine <br />indeed will not be released in quantities sufficient to require environmental protection facilities <br />as the releases, if they occur, will not be "sufficient to adversely affect any person, airy property, <br />or the environment." Cotter submits that the determination related to the SM-18 Mine, recited <br />inunediately below, applies equally to the JD-9 Mine: <br />The Division accepts that contaminants from waste rock piles or underground workings <br />within approximately one-half mile of the SM-13/Wright Mine dump would be <br />sufficiently diluted well before reaching the water table. The Division therefore should <br />no longer consider SM-18 Mine to be a Designed Mining Operation unless new evidence <br />justifies reconsideration of this conclusion. <br />C. The Division's Faulty Analysis is Premised on the Alleged Need for More Data. <br />The Division's March 6, 2006 memo to Russ Means identifies the reasoning for the <br />Division's DMO determination for the JD-9 Mine where it states: <br />JD-9. The Division accepts that the mine is being developed in a zone that requires <br />pumping water from a perched aquifer in the Salt Wash member of the Morrison <br />formation. The Division accepts that water quality of this perched aquifer, while quite <br />saline, is still what the Safe Drinking Water Act would consider a US Drinking Water <br />3 <br />