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iii iiiiiiiiiiiiiiii <br />STATE OF CULURP~DO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Natural Resources <br />1313 Sherman SL, Room 215 <br />Denvcr, Cnlorarln 80203 <br />Phone: I}p71 86h.3567 <br />FAX: 1 t0J1 8J2~810h <br />November 2l, 1997 <br />Allen S. Weaver <br />Mine Engineer <br />Energy Fuels Mining Company <br />P.O. Box 449 <br />Florence,CO 81226 <br />Dear Mr. Weaver: <br />I have reviewed Energy Fuels Mining Company's request to vacate NOV CV-97-018 for the Raton <br />Creek mine, permit # C-82-055. The NOV has two issues, the lack of a 1996 Annual Reclamation <br />Report and the failure to conduct vegetation sampling as required by the approved permit. <br />~w.'.. <br />II~~~ , <br />DEPAS~TMENT OF <br />NATURAL <br />RESOURCES <br />Roy Romer <br />Governor <br />lames 5. Lochhead <br />Evecu~ive Director <br />Michael B Long <br />Division Director <br />With regard to the first issue, Rule 2.04.13(1) clearly states "by February I5, or other such date as <br />agreed on, each permittee shall file an annual reclamation report covering the previous calendar year for <br />all areas under bond". Based on your letter, an annual reclamation report for 1996 was received by the <br />Division only after the NOV was issued, some 8 months after the report was required. Therefore, I <br />believe that this portion of the violation is accurate and appropriate. <br />The second issue concerns the failure to conduct vegetation sampling as required by the permit. The <br />permit requires vegetation sampling "two years after germination". Division inspection records indicate <br />germination of at least one of the seeded species, Cicer milkvetch, by 8/30/96. Grasses, not individually <br />identified, were noted the following month. While germination may not have been optimum for all the <br />seeded species, the record indicates that germination did occur to some degree during the 1996 growing <br />season. Thus, 1997 would be the second growing season following germination and sampling should <br />have occurred during the peak of the growing season in 1997. This portion of the violation is also <br />appropriate. <br />Therefore, I do not find that there is sufficient basis to vacate NOV CV-91-018 for the Raton Creek <br />mine. <br />Sincerely, <br />Michael B. <br />Director <br />cc: Kent Gorham, DMG <br />Dan Hernandez, DMG <br />Susan McCannon, DMG <br />