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C-82-055 TDN C-95-018: Civil Penalty Asscssment Summery 2 <br />I commented on the need to seed and that the site was dry enough for seeding in May 9, <br />1995 inspection report. "Seeding needs to occur prior to summer growing season." <br />Randy Price's inspection report dated 6/1/1995, comments that, "The west slope of the <br />RDA was gullied. No vegetation, mulch or seed was noted on these slopes. There were <br />cattle tracks throughout the mine disturbed area and extensive erosion and no vegetation <br />or mulch." <br />On June 5, 1995, a letter was sent to AI Weaver by Janet Binns reminding Energy Fuels that <br />"The Division strongly reminds Energy Fuels of the need to protect the soil resource on the <br />reclaimed site through timely seeding and mulching in accordance with the reclamation plan. <br />The Division agrees that Energy Fuels use of a cover or companion crop planted at this <br />time would be beneficial to control potential erosion on the site." <br />A letter received by the Division on June 5, 1995 from AI Weaver of Energy Fuels stated, <br />"Weather permitting, we will initiate seeding at the end of this week or the beginning of <br />next" At the time of this June 5, 1995 letter EFMC acknowledged the lateness of the <br />season, and proposed to incorporate oats into the seed mix to act as a nurse crop. The <br />Division does agree with EFMC's statement in this June 5, 1995 letter that site conditions <br />were wet after the ninth of May. <br />The Division's inspection conducted on 6/13/95 by Janet Binns noted that there was no <br />evidence of seeding and no equipment on site to indicate seeding was underway. As a <br />result, NOV-C-95-018 was written for failure to protect topsoil from erosion 4.06.4(2)(d), <br />failure to stabilize soi14.15.4, and failure to conduct seeding and planting 4.15.1(2), 4.15.3(1) <br />Documented in the Division's 6/13/95 Inspection report,"Topsoil loss due to erosion is <br />occurring on site. No methods to protect and stabilize soil resource has been implemented <br />on the site. Seeding has not yet occurred on the site." <br />On June 14, 1995, I contacted Mr. Ken Lutz of Natural Resource Conservation Service, <br />Trinidad Office, to inquire whether EFMC could still seed this spring with any measure of <br />vegetation establishment success. Mr. Lutz expressed surprise that seeding had not already <br />occurred and stated that it was too late to seed now. I inquired whether a cover crops of <br />oats would be reasonable. He stated that it was too late to seed oats for soil stabilization. <br />History: <br />Energy Fuels Mining Company has not received any NOV's at the Raton Creek Mine within <br />the preceding 12 months of this NOV. <br />