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Mr. Steve Renner <br />Colorado Mined Land Reclamation Division <br />April 4, 1986 <br />Page Two <br />for a possible violation. Upon completion of the mine inspec- <br />tion, no NOV was issued. Finally, two days later, Mr. Renner <br />wrote NOV C-86-022 and mailed it to Kerr. The NOV was received <br />on March 24, 1986. <br />The destruction or damage to the three monitoring facilities <br />cited in NOV C-86-022 is attributable to causes beyond the <br />control of Kerr. Two of the wells <DH-4 and AO-2) were destroyed <br />by roaming livestock, and the third <79-26) was obstructed at <br />depth by unlrnown natural causes. Kerr identified these problems <br />and promptly took actions to a late them as described above. <br />Due to the good faith effor which Kerr demonstrated in <br />identifying monitoring problems, proposing remedial actions, and <br />setting forth in-house implementation plans, we believe that <br />after the fact enforcement action is an inappropriate means of <br />accomplishing the environmental protection mandated by the <br />Colorado Mined Land Reclamation Act. In fact, the abatement <br />procedures set forth in the NOV are less effective than those <br />proposed by Kerr on March 12, 1986. <br />Kerr hereby requests that MLRD immediately vacate NOV C-86- <br />022 based on the information provided herein. <br />If 2 can be of assistance or provide further information for <br />your review of this important matter, please contact me at your <br />earliest convenience. <br />S' ce ely, ~ <br />',~ C; <br />~..i .~ ~ /,/(1T~. <br />David R. Gossett <br />Chief Mining Engineer <br />DRG/da <br />cc: Jim Cooper, Brad Doores, Rich Munson and <br />George Patterson - Energy Fuels <br />Mike McCarthy <br />Conover, McClearn ~ Heppenstall, P.C. <br />1775 Sherman Street, #2600 <br />Denver, Colorado 80203 <br />