2014-02-24_ENFORCEMENT - C1981014

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 COLORADO A I V I S I O N o f Denver, Colorado 80203 RECLAMATION Phone: (303) 866 -3567 MINING FAX: (303) 832 -8106 _ &- SAFETY February 24, 2014 John W. Hickenlooper Loretta Pineda, Director Governor Colorado Division of Reclamation, Mining and Safety Mike King 1313 Sherman Street, Room 215 Executive Director Denver, CO 80203 Loretta E. Pineda Director Dear Ms. Pineda: Please find the attached letter from Energy Fuels Coal, Inc. (EFCI) requesting another extension of abatement time beyond 90 days from the issuance of NOV- CV- 2013 -002 for the Southfield Mine. The Division wrote NOV -CV- 2013 -002 on January 28, 2013 (received by certified mail by EFCI on 2/1/2013) for failure to maintain a groundwater monitoring well in accordance with the approved water monitoring plan. The abatement steps were to: 1) Repair the well (a block of wood is stuck at 354 feet down the well) or replace the well. 2) Provide proof to the Division that EFCI has applied for a monitoring well permit with CDWR in accordance with DRMS Rule 2.3.10. A fine was associated with this NOV. EFCI paid the $1000.00 civil penalty on June 5, 2013. The abatement due date for the abatement steps has been extended in the past to: • Give EFCI time to develop a solution to the problem. • Allow the Division to evaluate hydrologic information from EFCI. Resolve Technical Revision No. 40, a proposed change to the approved water monitoring program, which has incurred objections from landowners and will be the subject of a board (MLRB) hearing. The additional extension is requested because David Berry, Coal Program Supervisor, has been actively working with the operator and landowners to resolve the disputes surrounding this violation and TR -40. David believes that a resolution is possible but will require more time. Note that David and other parties are not available for the April board hearing, thus the extension request is for the end of May rather than the end of April. In the attached letter (dated February 21, 2014), EFCI has requested that compliance with abatement steps be extended again until after the anticipated board hearing, currently scheduled for May 21, 2014. Since this abatement date is beyond 90 days from issuance of the NOV, any extension of abatement needs concurrence by the Administrator (per Rule 5.03.2(2)(e)). Please sign the attached form if you concur with EFCI's request, or call me (extension 8113) if you want to discuss this further. Sincerely, 9V/ Z/— Robert D. Zuber, P.E. Environmental Protection Specialist Enclosures (2) Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines