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_~~ iiiiiuiiiii-iiiii energy fuels mining company one tabor center • suite 2500 t 200 Seventeenth street • denver, Colorado 80202 June 21, 1993 Mc Daniel I. Hernandez Division of Minerals and Geology 1313 Sherman St. Room 215 Denver, CO 80203 RE: NOV No. C-93-084, Raton Creek Mine Refuse Pile Your File No. C-82-0SS Dear Mr. Hernandez: (303 623-83t 7 Iwx 910-931-2561 ~EC~r~iE=1-:. JU(, o ~ r993 DiviSiGn G1 N~n1Er~b 4 ~c~.v~Y Pursuant to the previsions of Rule 5.04.3(1) of We Regulations of the Colorado Mined Iand Rulamation Board for Coal Mining, Energy Fuels Mining Company (EFMC) is hereby submitting written information regarding alleged NOV C-93-084 dated May 25, 1993 for consideration by the Division of Minerals and Geology (DMG). ~ NOV C-93-084 was written for the "East facing slope of the refuse pile is steeper than 2H:1V." The regulation section cited in We NOV, Rule 4.10, concerns coal mine waste banks, construction requirements. The NOV specifically references Rule 4.10.4(4) which states "in no case shall the slope of a terrace oo a coal waste bank be steeper than 2H:1 V (50 percent)." li The condition found and cited at Raton Creek's refuse pile includes an area measuring approximately 20 feet high and 150 feet long located totally on the east facing slope of the pile. This east slope was the active, advancing refuse disposal area at the time EFMC abruptly suspended mining and coal processing operations in April, 1990. Since then, the entire refuse pile including the east slope has not been reworked (excepting minor maintenance work) pending final approval of Raton Creek's post-mining site topography proposed in the 1992 permit renewal application. The construction and maintenance of the Raton Creek Mine refuse pile is in compliance with the Regulations for the reasons listed below. Refuse terrace slopes not more than 2H:1V (50 percent) The NOV cites Rule 4.10.4(4) concerning the slope of a terrace on a refuse pile. Raton Creek's approved design of the refuse pile does not incorporate the use of terraces. Terraces and benches, as described by reference in Rules 4.14.2(2) and 4.09.1(9) are not part of the refuse pile design. Regulation section 4.10.4(4) as cited in the NOV does not pertain to the conditions found oo Raton C~k's refuse pile. 2. Refuse Pile construction practices As mentioned above, construction of the refuse pile halted when EFMC idled the mine and laid-off all employees in April, 1990. At the time, refuse pile construction was proceeding both upward (vertically) :.rr'~iw'7:r:~.'=v`ars~9.7'y,~ixi".0.T.+rtt,?w,*,xi~~,ay°a;n~„niSFl°~kaShn+WnY;A'ap.~*c/~.~+.,cw'~+~~+`•a~,.~-6~, ^%raP~.~•'Kr ~_