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<br />1 <br />iii iiiiiiiiuiii iii <br />STATE OF C,vLVi:r„~.~ <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />1313 Sherman Sl.. Room 215 <br />Denver, CO 80203 <br />303 866-3567 <br />Fa x: 303 632-6106 <br />pF' COQ <br />~~ ~ <br />He ~~ .. ~~ <br />~: ~~/• <br />.,~\~\~ <br />/976 <br />RoY Forcer. <br />Governor <br />Fretl R Banta. <br />Drv¢ron Direnor <br />DATE: April 13, 1990 <br />T0: Jim Stevens <br />Mike Long <br />FROM: David Berry 9~ <br />RE: Ten Day Notice X-90-02-244-4 TV2 <br />Oversight Inspection (March 21, 1990) <br />Kline No. 3 - File C-84-062 <br />The above-referenced Ten Day Notice alleges that two violations existed at the <br />time of the March 21, 1990 inspection. The Office of Surface Mining (OSM) <br />inspector indicates that the following Colorado Regulations have been violated: <br />4.09.1(11) - Disposal of Excess Spoil, General Requirements, Inspections; <br />and, <br />2. 4.05.2(1) - Water Quality Standards and Effluent Limitations. <br />It is my contention that these regulations have not been violated, and that <br />the operator has been conducting activities in accordance with approved permit <br />conditions. Each of the citations are discussed below. <br />Rule 4.09.1(11) <br />This rule requires that permanent overburden piles must be inspected for <br />specific elements contained in the rule. The records shows that there have <br />not been any inspection reports filed, because the operator was specifically <br />exempted from the requirements contained at any portion of Rule 4.09. <br />The Mine No. 3 area was permitted <br />through our Permit No. C-81-036. <br />No. 3 area, the Fish Creek Tipple <br />mine. On pages 2.05-28, 2.05-32, <br />permit (copies attached), the ove <br />page 4.09-12 states: <br />under the permanent regulatory program <br />This original permit contained the Mine <br />area, and the old Middle Creek underground <br />2.05-33 and 4.09-12 of the original C-81-036 <br />°burden pile is discussed. Specifically, <br />"Although the permanent overburden stockpile located in Section 24, <br />Township 5 North, Range 86 West, technically is within the proposed <br />permit area, it is the position of Energy Fuels that this stockpile is <br />not subject to the performance standards of Rule 4.09. This stockpile <br />was permitted under Permit No. 76-16, it has not been disturbed since <br />early 1980 when it was graded out to a stable slope, and it will not be <br />disturbed in the future. In these circumstances, Rule 4.09 is not <br />applicable." <br />