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.__ <br />III IIIIIIIIIIIIIIII <br />999 <br />~~ . <br />TO: Mike Long and teve Renner <br />FROM: Sandy Brown ~~r.~,-- <br />DATB: August 16, 1 93 <br />RE: Recommendation to acate CO C-93-088 <br />CO C-93-088 was written to Energy Fuels Mining Company (EFMC) at <br />the Raton Creek Mine for "Failure to Abate NOV C-93-050". The CO <br />specifically applied to the mine identification signs at the <br />Santa Fe No. 2 loadout; one sign was missing the telephone number <br />and the other sign was missing the telephone number and the <br />address. It issued by Dan Hernandez on June 10, 1993. A request <br />to vacate the CO was written on August 4, 1993 by Rick Fanyo. <br />This request was discussed in detail during an Assessment <br />Conference on August 10, 1993. I will discuss the history of the <br />NOV first. <br />NOV C-93-050 was issued on April 12, 1993 for, failure to post <br />and/or maintain: a) mine and permit identification sign at the <br />Santa Fe loadout, b) perimeter markers for the Santa Fe loadout, <br />southern upland diversions, southern edges of substation and <br />haulroad, and sections B and C of watershed diversion ditch #1, <br />and c) topsoil pile marker at pile near sediment pond. The <br />abatement deadline for the NOV was May 12, 1993. A letter had <br />been faxed by Alan Weaver of EFMC to the Division on April 30, <br />1993 stating that all signs and markers had installed as required <br />to abate the NOV. The fax was followed up with a letter to Joe <br />Dudash dated May 5, 1993 and received May 13, 1993. Obviously, <br />the operator felt the NOV had been abated. An assessment <br />conference was held on June 22, 1993 regarding NOV C-93-050. <br />A partial inspection of the mine was conducted May 25-28 by Joe <br />Dudash. All signs and markers had been posted, and the operator <br />assumed that the signs were acceptable since they had notified <br />the Division that they abated the NOV. The comments in the <br />inspection report stated that the mine identification signs, <br />perimeter markers, surface disturbance signs were in place at the <br />mine site. The inspector had inspected the loadouts as part of <br />this inspection. Since the Santa Fe loadout was the only place <br />missing an identifiction sign, the operator assured the inspection <br />report was referring to the loadouts as well. There was nothing <br />to the contrary. <br />On June 10, 1993 an OSM oversight inspection was conducted at the <br />Raton Creek Mine. It was during this inspection that the missing <br />telephone numbers and address were noted. The signs are located <br />at the north and south end of the Santa Fe loadout No. 2. <br />According to Dan Hernandez, there was some discussion, between <br />the DMG and the OSM, regarding how this situation should be <br />handled. Ultimately, Mr. Hernandez wrote a CO for failure to <br />abate and included only the portion of the NOV that applied to <br />the identification signs. The abatement deadline was 5:00 pm <br />