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energy fuels mining company <br />one tabor center • swte 2500 <br />1200 seventeenth street • denver, Colorado 80202 <br />June 26, 1995 RECEIVED <br />JUN 2 9 1995 <br />(3031 623-8317 <br />twx 910-931-2561 <br />Mr. Michael B. Long, Director DivisionotMmerals& <br />Division of Minerals and Geology Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Notice of Violation No. C-95-018 issued to Enerav Fuels <br />Mining COIDDanV on June 14 1995• Permit No C-82-055 <br />Dear Mr. Long• <br />'t: <br />Energy":Fuels Mining~Company (EFMC)..received the Notice of <br />Violation following a.partial inspection of the Raton Creek <br />Mine. This mne;tlocated just south of the city of Trinidad, is <br />in inactive/;permanent cessation status. <br />EFMC behie~es,ahat~trie cited conditions and practices are. <br />not a violat~~on~and the Notice of Violation should be vacated:. i <br />will a lra'i: ~ e bas"~i~s~~i{for~athis position for the Divisionlysx~~'*' <br />~wa~"J i .. t7r ,.. ~1. .. .. .,~.rt: y.. <br />review before '~i~su°ance :oft; the proposed', civil penalty.. : ~ ~~:~-?,, <br />~ ,.. ~ ..:. ;.; .z <br />The No ice of Violation"alleges failure to protect topsoil <br />from erosior%~ii'f~ter: -redistribution,. failure to conduct ,seeding <br />and plantin'gf~op~erations, and failure to conduct soil <br />stabilizationyrF'practices,:.as approved by .the Division. Portions of <br />the operation±.cited by the. Notice include the regraded, <br />disturbed Mine site area. The abatement deadline is set at June <br />28, 1995. <br />The Mine site was backfilled and regraded during 1994. <br />Reconstruction and upgrading of permanent drainage structures <br />was completed by January 1995. EFMC subsequently applied for <br />Phase I bond release on December 8, 1994, and the bond release <br />inspection occurred on March 8, 1995. <br />There are two areas of fact that support EFMC~s request to <br />vacate the Notice of Violation. EFMC did take measures to <br />protect the topsoil both when it was applied and later when <br />conditions warranted further protective action. Additionally, <br />EFMC had scheduled the required seeding and planting operations, <br />but due weather delays, contractor delays, and earthwork <br />construction, the seeding was not accomplished by the particular <br />date of the inspection. These facts are explained below in <br />detail. <br />