GENERAL51106

• Permit No: M1977310
• IBM Index Class Name: General Documents
• Doc Date: 6/6/2006
• Doc Name: Motion to Intervene in Final Determination of Desginating Mining Operation Status
• From: Energy Minerals Law Center
• To: DMG
• Permit Index Doc Type: DMO
• Media Type: D
• Archive: No

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la _zrgy Minerals Law Centw._
a nonprgfit law firm serving commzznities 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 RECEf VED
Bruce Humphries
Mineral Program Director JUL 31 2006
Division of Minerals and Geology
Colorado Dept. of Natural Resources Drvuwn of Minerals and Geglggy
1313 Sherman Street, Room 215
Denver, CO 80203
Fax # [phone] ~{/,_ ~~ 7 ~-3/D
RE: Motion to Intervene in Cotter Corporation's Appeal of Final Determination of
Designated Mining Operation Status for the JD-6, JD-8 and JD-9 Uranium Mines
Please process this letter as a request to intervene as parties in Cotter Corporation's appeal to the
Mined Land Reclamation Board over the status of the JD-6, JD-8, and JD-9 uranium mines as
Designated Mining Operations. Please confirm in writing (e-mail preferably) that you are in
receipt of this filing. Should you have any questions regarding this filing, please contact me at
[phone].
Through undersigned counsel, San Juan Citizens Alliance, Information Network for Responsible
Mining (INFORM), and the Colorado Environmental Coalition (collectively "intervenors")
hereby seek to intervene in the Cotter Corporation's ("Cotter") appeal of the Division of Mining
and Geology's ("DMG") March, 2006 final Office determination upholding the July, 2005
finding that the JD-6, JD-8, and JD-9 mines are "designated mining operations" ("DMO"} under
applicable MLRB Rules.
The final DMG determination of DMO status for JD-6, JD-8 and JD-9 mines was noticed as a
"Final Decision" in the April 12, 2006 Mined Land Reclamation Board ("MLRB") agenda.
Notice of a public hearing on the Cotter appeals was noticed in the June 2006 MLRB agenda.
Intervenors are Entitled to Participate as Full Parties
Intervenors have participated in the DMG decisionmaking process regarding these three mines.
Intervenors have supported its position in writing based on a review of the evidence in the
project file, facts revealed by public records, and applicable laws. The Intervenors' January 27,
20061etter regarding the correctness of the DMG's July, 2005 findings of DMO status was
supported with legal argument and evidence from state and federal project files that span some
thirty-plus years of reports and inspections. In sum, Intervenors have satisfied the broad standard
for participation in the MLRB proceedings and are entitled to intervene in this appeal.