2017-09-26_ENFORCEMENT - C1981014 ‎(3)‎

• Permit No: C1981014
• IBM Index Class Name: Enforcement
• Doc Date: 9/26/2017
• Doc Name: Settlement Agreement for Notice of Violation
• From: DRMS
• To: Energy Fuels Coal, Inc
• Violation No.: CO2017002
• Email Name: ZTT
• Email Name: JRS
• Email Name: WHE
• Media Type: D
• Archive: No

SETTLEMENT AGREEMENT JUSTIFICATION
Energy Fuels Coal, Inc.
Southfield Mine, Permit No. C-1981-014
Notice of Violation No. CV -2017-002
Cessation Order No. CO -2017-002
Wallace H. Erickson, Conference Officer
According to the public records of the Division of Reclamation, Mining and Safety (Division), the
original permit for the Southfield Mine was issued on July 30, 1984, for approximately 2,735
acres affected lands for the life of mine. Of the original 2,735 acres, Energy Fuels Coal, Inc.
(Permittee and/or Operator) has achieved complete reclamation and has attained the Division's
approval for release of approximately 2,733.55 acres. The current permit is reduced to 1.45
acres affected lands. The Division holds $10,000 financial warranty to ensure the completion of
reclamation, in the event of permit revocation and forfeiture of the financial warranty, for the
remaining 1.45 acres affected lands.
Notice of Violation No. CV -2017-002 was issued by the Division on May 23, 2017. The violation
was issued for failure to maintain legal right of entry, a requirement under C.R.S. 34-33-110(111)
and Rule 2.03.6(1)-(2). The single abatement step identified by the Division required the
Operator to re -acquire legal right of entry in accordance with Rule 2.03.6(1)-(2). The Division
set the abatement deadline at June 30, 2017.
On June 30, 2017, the Assessment Officer assessed a civil penalty for CV -2017-002 as follows:
• History — appeal period for violations had not yet expired $0.00
• Seriousness — Moderate $1,000
• Fault — Intentional $1,500
• Number of Days Penalty Assessed one day
• Good Faith $0.00
Total proposed penalty $2,250
The Operator did not pay the civil penalty and failed to abate the violation, resulting in
Cessation Order No. CO -2017-002. Cessation Order No. CO -2017-002 was issued July 12, 2017.
On August 8, 2017, the Assessment Officer assessed a civil penalty for CO -2017-002 as follows:
• History — appeal period for violations had not yet expired $0.00
• Seriousness — Significant $1,000
• Fault — Intentional $1,500
• Number of Days Penalty Assessed 16 days
• Good Faith $0.00
Total proposed penalty $40,000