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III1111111111111111 <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1717 Sherman SI .Room 115 y <br /> <br />Denver, Colorado 80203 l <br />~ <br /> <br />Phone 0071 866 7567 I <br />f A%~ 13031 812-8 106 <br /> DEPARTMENT OI <br /> NATURAL <br /> RESOURCE` <br /> Roy Romer <br /> Goremor <br />DATE: March 4, 1994 Ke" sa'a"' <br />E.ecm~~e Dheao~ <br /> Michael B long <br />TO: Mike Long, Division Director D.~„~o" o-rectn~ <br />FROM: Wally Erickson ~i(%, <br />RE: Request for NOV Abatement Extension Beyond 90 Days, Energy Fuels Mining <br />Company, Raton Creek Mine, <br />Permit No. C-82-055, NOV C-93-150. <br />Energy Fuels has submitted a request for extension of the abatement deadline for abatement <br />step 3 of NOV C-93-150. The abatement deadline of abatement step 3 was March 1, 1994; <br />the requested extension is to April 29, 1994. <br />NOV C-93-150 was issued on December 3, 1993 for failure to maintain records pertaining to <br />the refuse pile, sediment pond, and air emissions permits. Abatement steps 1 and 2, relating <br />to the refuse pile and sediment pond records have been satisfied. Only the renewal of the <br />previously canceled air emissions perrt»t remains unabated. The Divsion has received a copy <br />of the air emissions permit application which Energy Fuels has submitted to CDH. This <br />extension is being requested to allow time for CDH to complete their review process and re- <br />issue the air emissions permit if appropriate. I have included a copy of Energy Fuels' <br />written request for extension and application for renewal of the air emissions permit. <br />I have reviewed the written request and fmd that the circumstances surrounding the request <br />for abatement extension are listed as circumstances which may qualify a surface coal mining <br />operation for an abatement period of more than 90 days under Rule 5.03.2(2)(c)(i). This <br />regulation states, in part, "Circumstances which may qualify a surface coal mining operation <br />for an abatement period of more than 90 days are (i) where the permittee of an ongoing <br />permitted operation has timely applied for and diligently pursued necessary approval of <br />designs or plans but such approval is required for reasons not within the control of the <br />pertnittce." <br />I recommend approval of tlus abatement extension request to April 29, 1994. <br />m: loss\scm\memos2. whe <br />