REV09711

• Permit No: C1982055
• IBM Index Class Name: Revision
• Doc Date: 9/29/2005
• Doc Name: Review Letter & Attachments
• From: DMG
• To: James Iuppa
• Type & Sequence: SL5
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman SL, Room 215 C O L O RA D O
Denver, Colorado 80203 DIVISION O F
Phone: [phone] MINERAL S

FA%: [phone] G E O L O G Y
AEGEAN ATION•NINING
EAFETY•SCIFNC++
September 24, 2005
Bill Owens
James Iuppa Governor
33651 Lake View Drive Russell ceorse
Trinidad CO 81082-8764 Ezecutive Director
Ronaltl W. Canany

Re: Bond Release Application No. 5 (SL-OS) Division Director
Natural Resource Trustee
Raton Creek Mine (Permit No. C-1982-055)
Dear Mr. Iuppa:
On September 12, 2005, the Division of Minerals and Geology (Division) received your letter dated September
9, 2005 regarding specific issues related to the Phase IUII[ bond release application currently under review for
the Raton Creek Mine. We understand from your letter that you did not specifically request an informal
conference but did identify a number of on-the-ground issues that you believe should be addressed by Energy
Fuels Coal Inc prior to a final liability release. As you are aware, an inspection was conducted with you on
September 21, 2005 with representatives of the Division and EFCI in attendance. The inspection resulted in a
Division inspection report dated September 21, 2005, which you will find enclosed. [n addition to the enclosed
report, we would Tike to provide specific response to each of your concerns.
The Rules and Regulations governing coal mining require reclamation bonds to be held by the Division for a
minimum period often years after reseeding of the reclaimed areas. This year's growing season completed this
ten year period, at which time the operator is eligible to request a final bond release and, if successful, marks
the completion of all obligations and liability under their coal mining permit. During the reclamation liability
period, reclamation plans are implemented, and modified in some cases, not only to satisfy the requirements of
the Regulations but considering the needs and desires of the landowner. As you know, the Division and EFCI
worked in close cooperation with the landowners, Albert Iuppa and Marilyn Iuppa, and you, to incorporate your
wishes and desires into the reclamation plan when possible. Addendum E of the approved permit contains a
number of letters describing structures and facilities that the landowners desired to remain as permanent
features for their benefit. During the reclamation liability period, it was the Division's understanding that the
landowner desired to eliminate and expedite EFCI's liability and the Division regulatory authority over lands
owned by you as soon as possible. As we approach the potential end of this period, we appreciate your patience
and thank you for your cooperation as we all work towards this goal.
The Division would like to specifically address each of the issues as outlined in your letter. 1 will organize my
responses in the order as presented in your letter. Included in your letter were numerous photographs taken
during and shortly after a recent storm event.
As [mentioned at the beginning of the bond release inspection, these four ponds are not included in the
disturbance associated with the mining permit. The Division has no regulatory authority over these ponds and
cannot consider this issue as part of the bond release.
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey