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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />July 1, 2014 <br />Virginia Brannon, Director <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Dear Ms. Brannon: <br />Please find the attached letter from Energy Fuels Coal, Inc. (EFCI) requesting another extension of <br />abatement time beyond 90 days from the issuance of NOV -CV- 2013 -002 for the Southfield Mine. <br />The Division wrote NOV -CV- 2013 -002 on January 28, 2013 (received by certified mail by EFCI on <br />February 1, 2013) for failure to maintain a groundwater monitoring well in accordance with the approved <br />water monitoring plan. <br />The abatement steps were to: <br />1) Repair the well (an obstruction is at approximately 354 feet down the well), replace the well, or show <br />that the well is still functional for its intended purpose. <br />2) Provide proof to the Division that EFCI has applied for a monitoring well permit with CDWR in <br />accordance with DBMS Rule 2.3.10. <br />A fine was associated with this NOV. EFCI paid the $1,000.00 civil penalty on June 5, 2013. <br />The abatement due date for the abatement steps has been extended in the past to: <br />• Give EFCI time to develop a solution to the problem. <br />• Allow the Division to evaluate hydrologic information from EFCI. <br />Resolve Technical Revision No. 40, a proposed change to the approved water monitoring <br />program, which has incurred objections from landowners. (This TR has been withdrawn by <br />EFCI.) <br />This additional extension is requested because David Berry, Coal Program Supervisor, has been actively <br />working with the operator and landowners to resolve the disputes surrounding this violation. David <br />believes that a resolution is possible but will require more time. <br />In the attached letter (dated June 19, 2014), EFCI has requested that compliance with abatement steps be <br />extended again until November 21, 2014. Since this abatement date is beyond 90 days from issuance of <br />the NOV, any extension of abatement requires concurrence by the Administrator (per Rule 5.03.2(2)(e)). <br />Op c0 - <br />9 <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us <br />John W. Hickentooper, Governor I Mike King, Executive Director I Virginia Brannon, Director * -* <br />� * ls76 <br />