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III IIIIIIIIIIIIIIII STATE OF COL(~x~liv MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 303 866-3567 FA x: 303 832-8106 pF CO~ '~~ .~9 Nr •~ ~~ ~~~ ~ /876 ~ Roy Romer. Governor Michael6 Long, Division Director DATE: March 30, 1992 T0: Michael Long FROM: Cathy Begej ~~~ RE: Extension of Abatement Period for Notice of Violation C-91-030 Beyond Ninety (90) Days Mr. Allen Weaver, Energy Fuels Coal, Inc., has requested an extension of nine days (to the ninety-ninth day> for abatement of NOV C-91-030. Rule 5.03.2(2>(e) requires concurrence of the Administrator (Director) for this extension. As the "authorized representative" for extending the abatement date I would like to support the operators request with the following documentation of the facts in the case. NOV C-91-030 was issued for failure to provide separate principal and emergency spillways or a single open channel spillway on seven ponds. CMLRD regulations changed in January, 1991, and operators were notified in May, 1991, that they had to submit technical revisions and implement the changes by September 1, 1991. The Division called Energy Fuels submittal, Technical Revision No. 11, complete on September 19, 1991. The Division issued an adequacy response October 31, 1991. Prior to preparation of an Energy Fuels response, an OSM oversight inspection occurred December 17-19, 1991, and the violation was issued December 31, 1991. ACZ submitted a response on January 9, 1992, in timely abatement of the first portion of the violation. The Division proposed to approve the revision March 6, 1992, and it was published March 13, 1992 in the Canon City Daily Record. The NOV required construction and certification of the spillway modifications by March 31, 1992. The operator is reasonably confident that the work could be completed by April 9, 1992. This is a difficult time of year for field construction projects. The operator appears to be acting in good faith and I would recommend extension of the abatement period. Rule 5.03.2(2)(c)(iv) allows an extension of the abatement date beyond 90 days when the operator has acted in a diligent manner and climatic conditions preclude abatement. Weather conditions between March 23, 1992, when the decision on the germane Technical Revision (TR-11) became final, and March 26, 1992, when the operator requested an extension on the phone, have alternated between wet and dry periods. Construction to establish these spillways has progressed, but been slowed by the weather. The operator's request is enclosed for your review. CWB/ern 2263E