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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY ~ ' <br />DCparimenl of Natural Resources <br />I S 13 Sherman SL, Ruom 215 ~+a~ <br />Denver, ColorarYu 80203 II <br />f'hnnc. 13031 Abb-.1567 <br />FAX: 1]031 83!-8106 <br />DEPARTMENT OF. <br />NATURAI . <br />RESOURCE: <br />Roy Ramrr <br />SETTLEMENT AGREEMENT JUSTIFICATION C1VPf"°r <br />Energy Fuels Coal, Inc., Southfield Mine, C-81-014\CV-98-005 iF me e 2 p hn ,r <br />James B. McArdle, Conference Officer grf/e~ ne~nae~ a. ro~R <br />Drvuron Dvecmr <br />The Notice of Violation CV-98-005 was issued on April 10, 1998 for failure to construct and <br />maintain a light use road so as to control or prevent erosion and to prevent contribution of <br />additional suspended solids to runoff outside the permit azea. <br />On May 26, 1998, an Assessment Conference was held at 1313 Sherman Street in Denver. Mrs. <br />Susan Burgmaier, of the Division of Minerals and Geology, presented testimony and <br />photographic documentation regazding the inspection of April 7, 1998. The history and <br />condition of the road were discussed. A great deal of time was spent discussing the erosional <br />gullies located below the fan road. Dave Berry, of the Division of Minerals and Geology, <br />pointed out that the gullies appeared to be active as no vegetation had become established. The <br />permit did not address road drainage control for the section included in this NOV. Also, the <br />amount of potential offsite disturbance was unknown and could not be measured. Aerial photo's <br />show the erosion gullies to be inexistence prior to the time Energy Fuels began using this <br />existing road. <br />The Proposed civil penalty for NOV CV-98-005 was: <br />History $50.00 <br />Seriousness $250.00 <br />Fault $250.00 <br />Number of Days Penalty Assessed <br />Good Faith <br />$0.00 <br />Total Civil Penalty Proposed by the Assessment Officer was $550.00 <br />Mr. Al Weaver, of Energy Fuels Mining Company, discussed the road, history of the road, and <br />erosional cuts. The erosional cuts were old and existed prior to Energy Fuels involvement with <br />this road. The cuts were well established at the time of the revision incorporating the roadway <br />into the permit. <br />After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />