Laserfiche WebLink
" clergy Minerals Law Center ~ ~~~ C~ <br />a nonprofit !aw firm serving communi(ies impacted by energy mining <br />1911 Main Avenue, Suite 238, Durango, Colorado 8130 <br />Phone: (970) 375 9231 Fax: (970) 382 0316 <br />Email: emlc@frontier.net <br />Apri121, 2006" <br />By fax, electronic mail (pdf format), and by U.S. Mail <br />Mined Land Reclamation Board v ~3~~`~~V~D <br />c/o Glenda Williams <br />Division of Minerals and Geology ~~~ 3 .~ ~e()6 <br />1313 Sherman St. Room 215 <br />Denver, Colorado 80203 Oiwsron of AM1~ner2ts 2nd Getlo4y <br />glenda.williams@state.co.us <br />(303) 832 - 8106 <br />1tE: Appeal of Final Determination of Non-Designated Minin~rOperation Status <br />for the SM-18 Uranium M~File No. M-1978-116 // <br />Dear Ms. Williams, <br />Please process this letter as an appeal to the Mine Land Reclamation Boazd. Please confirm in <br />writing (e-mail preferably) that you are in receipt of this appeal. Should you have any questions <br />regarding this filing, please contact me at (970) 375-9231. <br />Introduction <br />Through undersigned counsel, San Juan Citizens Alliance, hrformation Network for Responsible <br />Mining (INFORM), and the Colorado Environmental Coalition (collectively "appellants") <br />hereby appeal the Division of Mining and Geology's ("DMG") March, 2006 final Office <br />determination and reversal of the July, 2005 finding that the SM-18 mine is a "designated mining <br />operation" ("DMO"). The final DMG determination of non-DMO status for SM-18 was noticed <br />as a "Final Decision" in the April 12, 2006 Mined Land Reclamation Board ("MLRB") agenda. <br />This appeal of the final Office determination is timely filed pursuant to HRMM Rule 7.2.7. The <br />Colorado Mined Land Reclamation Act, Hardrock/Metal Mining ("HRMM") Rules, and the <br />general authority under the Administrative Procedures Act requires that agency decisions not be <br />arbitrary or capricious, be supported by the record, and not be contrary to law. As required by <br />applicable law and regulations, this appeal briefly sets forth the basis for the MLRB to set aside <br />the final DMG determination and reinstate the original DMO determination. Appellants look <br />forward to the setting of a MLRB heazing date, reserves the right to supplement this appeal with <br />additional or more detailed information, and look forward to establishing a schedule for the pre- <br />hearing procedures that will be used in this matter. <br />