ENFORCE29285

• Permit No: C1982055
• IBM Index Class Name: Enforcement
• Doc Date: 7/18/1995
• Doc Name: RATON CREEK MINE C-82-055 REQUEST FOR VACATION OF NOV C-95-018
• From: DMG
• To: ENERGY FUELS MINING CO
• Violation No.: CV1995018
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION Of MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]?
FAX: [phone]
July 18, 1995
Mr. Allen S. Weaver
Mine Engineer
Energy Fuels Mining Company
P.O. Box 449
Florence, CO 81226
Re: Raton Creek Mine (C-82-055)
Request for Vacation of Notice of Violation No. C-95-018
Dear Mr. Weaver:
I~~~
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
James 5. Lxhhead
Eeeculrve Director
Michael B Long
Division Direcor
The Division received Energy Fuels Mining Company's request for vacation of Notice of
Violation No. C-95-018 on June 29, 1995. After review of the facts pertaining to the
issuance of NOV C-95-018, I do not believe this violation should be vacated.
Notice of Violation C-95-018 was issued to Energy Fuels Mining Company on June 14, 1995
for operations at the Raton Creek Mine for failure to conduct seeding and planting
operations, failure to protect topsoil from erosion after redistribution, and failure to conduct
soil stabilization practices as approved by the Division. I concur with each of these citations
of NOV C-95-018.
First, seeding did not occur as required. The mine site was backfilled and graded during
the summer and fall of 1994. The Division's inspection report dated July 20, 1994, indicated
that topsoil had been redistributed on portions of the reclaimed area. The Raton Creek
Mine Permit commits Energy Fuels to seeding during the first suitable seeding window
following topsoil application i^ compliance with Rule 4.15.3. Seeding windows
recommended by the Natural Resource Conservation Service for the Trinidad area are
October 1 through November 15 for Fall seeding and March 15 through Apri130 for Spring
seeding. Although topsoil replacement had occurred by the Fall of 1994, seeding operations
were not conducted in the Fall of 1994.
Second, topsoil was not protected from erosion. A 4.5 inch thickness of topsoil was
distributed on approximately 11.3 acres of regraded coal waste bank. Due to an insufficient
supply of topsoil, an additional 17.3 acres did not receive topsoil. Weighing the fact that the
topsoil resource is in limited supply, the Division holds that protection of this resource is
significant. An engineer's report dated December 28, 1994, prepared by Mr. Bacich,
indicated that 'The previous recommendation to seed and mulch the area has not been