Laserfiche WebLink
IN THE MATTER OF COTTER CORPORATION'S APPEAL OF FINAL <br />DETERMINATION OF DESIGNATED MINING. OPERATION STATUS FOR THE JD-6, JD- <br />8, AND JD-9 URANIUM MINES, FILE NUMBERS M-1977-310, M-1984-014, M-1977-3 Q6, <br />and v <br />IN THE MATTER OF ENERGY MINERALS LAW CENTER'S APPEAL OF FINAL <br />DIVISION DETERMINATION REJECTING DESIGNATED MINING OPERATION STATUS <br />FOR THE SSM-18 MINE, FILE NUMBER M-1978-116 <br />APPELLANTS' BRIEF IN SUPPORT REQUEST THAT THE BOARD FIND THAT THE <br />SM-18 URANIUM MINE IS A DESIGNATED MINING OPERATION <br />Through undersigned counsel, Information Network for Responsible Mining (INFORM), <br />//^) Colorado Environmental Coalition, and the San Juan Citizens Alliance (collectively <br />(~ "appellants") hereby submit this response to Cotter Corporation's submission of additional <br />information regarding Division of Reclamation, Mining and Safety's ("Division" or "DBMS") <br />Mazch 2006, final determination that the SM-18 mine does not meet the legal criteria for a <br />"designated mining operation" ("DMO"). Exh. 1 (Mazch 2006 non-DMO determination); C.R.S. <br />§ 34-32-103(3.5)(a). The present appeal requests the Board to adopt of the Division's original, <br />correct July, 2005 factual findings and the legal determination that the toxic and acid-forming <br />materials at the SM-1$ mine satisfy the DMO criteria of the Mined Land Reclamation Act. Exh. <br />2 (July 2005 DMO Determination). <br />I. INTRODUCTION AND SUMMARY OF APPEAL <br />This matter may be resolved by the Board's adoption the factual findings of the Division that <br />confirmed the presence, exposure, and disturbance of toxic and acid forming materials at the SM- <br />18uranium mine, which requires a valid Section 112 permit to operate. Exh. 2 (July 2005 DMO <br />Determination). No party has challenged the Division's factual finding that uranium mining has <br />and will expose toxic and acid forming materials at the SM-18 uranium mine. Id. <br />Rather, Division has accepted Cotter Corporation's contention that anon-DMO determination <br />may be based on an analysis limited to Likelihood of groundwater violations. Exh. 1 (March 2006 <br />non-DMO determination). The Division reversed it previous position despite the admitted <br />disturbance of such materials and despite the stringent standazd for exemptions available only to <br />110 Operations where "that acid- or toxic-producing materials will not be used, stored, or <br />disturbed in quantities sufficient to adversely affect any person, any property, or the <br />environment...." 34-32-112.5(2). <br />BEFO THE MINED LAND RECLAMATION BOARD OO] <br />ST TE OF COLORADO division of Reclamation, <br />Q ~ ~ ~, ~~ Mining and Safety <br />~1 <br />