2018-09-10_ENFORCEMENT - C1981014

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF PERMIT REVOCATION AND FINANCIAL WARRANTY FORTEITURE FOR ENERGY FUELS COAL, INC., SOUTHFIELD MINE, Permit No. C-1981-014 THIS MATTER came before the Mined Land Reclamation Board ("Board") on June 27, 2018 in Denver, Colorado to consider a financial warranty forfeiture and revocation of permit number C-1981-014 issued to Energy Fuels Coal, Inc. ("Operator"). Jason Musick appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). There were no appearances on behalf of the Operator. The Board, having considered the materials presented with this matter and having been otherwise fully informed of the facts in this matter, hereby enters the following: FINDINGS OF FACT 1. The Division issued the Operator reclamation permit number C-1981- 014 in 1984 for a 2,735 -acre coal mining operation. The mine site, known as the Southfield Mine, is located in portions of Sections 19, 30, and 31 of Township 20 South, Range 69 North of the 6th Principal Meridian and Sections 23, 24, 25, 26 and 36, Township 20 South, Range 70 West of the 0 Principal Meridian, Fremont County, Colorado. 2. Of the originally permitted 2,735 acres, Operator has achieved final reclamation of 2,733.55 acres, and the Division has approved Phase III bond release for that portion of the original permitted area. 3. The Division issued the most recent permit renewal on April 21, 2015. The permit renewal covers the remaining 1.45 acres of the site. 4. Although the Operator has substantially completed reclamation on the final 1.45 acres of the site, the 10 -year liability period prevents final bond release and termination of jurisdiction over the remaining 1.45 acres. 5. In December of 2016, the former president and CEO of the Operator informed the Division that the Operator had been liquidated and was no longer a viable company.