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PHILIP G DUFFORD <br />THOMABG BROWN <br />DAVID W FURGASON <br />W ILLI4M C ROBE <br />BEVERLY J QUAIL <br />RICHARD L FgNYO <br />PHILLIP D BARBER <br />GREGORYA RUEGSEGGER <br />RANDALL J. FEUERST EIN <br />5. KIRK INGEBRETS EN <br />DOUGLAS P. RUEGSEGGER <br />EDW ARDD WHITE <br />PEGGY J. ANDERSON <br />DUFFORD & BROWN. P.C. <br />ATTORNEYS AT LAW SCOrr J MIKULEC KI <br /> TERRY JO EPST EIN <br />SUITE 1700 THOMAS E J HAZARD <br />1700 BROADWAY ROMAN C PIBL <br />DENVER. COLORADO 60290-17 01 sACC L~cour+sE~ <br />TELEPHONE 13031 86 1-801 3 MOR RIS B.HECO%.JR <br />FACSIMILE 13031832-3804 JAMESE CARPENTER <br /> CRAIG B. SHAFFER <br /> MARC A CHORNEY <br /> [' L <br />RC~~`,-~~,'.~ <br />- <br />(-~ DALETOOLEY <br /> _ <br />- (193319851 <br />August 4, 1993 <br /> ~UG 41993 <br />Division of M~ner,~;~ y GeolDyy <br />Mr. Micha <br />Divisio 0 <br />1313 erm <br />Den r, CO <br />Re: <br />Dear Mike: <br />~B. Long, Director <br />Mines and Geology <br />n Street, Room 215 <br />80203 <br />I have been retained to assist Energy Fuels Mining <br />Company ("EFMC") in connection with the referenced Cessation <br />Order and the proposed penalty of $22,200. The notice of the <br />proposed penalty was received on July 12, 1993, and a <br />conference is scheduled for August 10, 1993. <br />We believe that the Cessation Order was issued without <br />good cause shown and should be vacated. Also, the proposed <br />civil penalty is clearly excessive in relation to the <br />circumstances. I will explain the basis for these positions <br />for the Division's review prior to the conference. <br />The Cessation Order was issued for failure to abate NOV <br />No. C-93-050. That NOV was issued on April 12, 1993, for <br />failure to post and maintain mine and permit identification <br />signs at the Santa Fe loadout areas, perimeter markers at the <br />loadout areas and the Raton Creek Mine, and a topsoil marker. <br />The abatement deadline was originally set at May 12, 1993. <br />There are two Santa Fe loadout areas which are located in <br />the Santa Fe railroad yards in Trinidad. Each can be entered <br />from either end through the railroad property from public <br />streets. During the period April 19 through 29, 1993, mine and <br />permit identification signs were installed at each of the four <br />entry points. The perimeters cited were marked with orange <br />roof bolts and a topsoil sign was installed. Allen Weaver, <br />EFMC's mine engineer, was informed that the abatement had been <br />completed and he notified the Division by facsimile on <br />April 30, 1993. <br />