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SETTLEMENT AGREEMENT JUSTIFICATION NOV C-95-018 Notice of Violation C-95-018 was issued for "Failure to protect topsoil from erosion after redistribution. Failure to conduct seeding and planting operations, Failure to conduct soil stabilisation practices as approved by the Division". Janet Binns issued the NOV to Energy Fuels Company at the Raton Creek Mine. An assessment conference was held on September 7, 1995. In the assessment conference Ms. Binns explained that Energy Fuels Company (EFC) had graded and topsoiled the Raton Creek Mine in June, 1994. Topsoil is in short supply there and EFC covered all but 17 acres of the mine with approximately four inches of topsoil. There was not enough to cover the remaining 17 acres, and the Division approved EFC's request to seed into the refuse cap material. The recommended seeding times approved in the permit are October 1 -November, 15 and March 15 -April 30. In May, 1995 Ms. Binns observed many rills and some gullies on the topsoiled and regraded areas. No seeding had occurred. She issued the NOV on June 29, 1995. Representing Energy Fuels Company were George Patterson, Randy Acre and AI Weaver. They requested that the NOV be vacated. Mr. Patterson exphtined that EFC is a small company with limited financial resources. They took advantage of some leased equipment and available personnel to reclaim ffie Raton Creek Mine site in June, 1994. Because of past problems at EFC's Kerr Mine, they were reluctant to seed the area until Phase I bond had been released. A bond release request was submitted in December, 1994. Additionally, rather than import topsoil as they had committed to in the permit, they conducted an analysis of the refuse cap material to see if it would be a suitable growth medium. This was done in October, 1994. However, because of EFC's uncertainty regarding Phase I bond release, and their limited financial resources they delayed seeding. In Febevary, 1995 they did chisel plow in an effort to control erosion. In May they contracted the seeding out to a local contractor. Delays in his schedule, postponed the seeding until the end of June. I will uphold the NOV. The rules require seeding and soil stabilization efforts to occur at the fast period for normal planting. In this case it would have been in October 1 -November 15, 1994. Essentially, the topsoiled areas were not seeded until a year after the topsoil was redistributed. Since topsoil is in short supply at the mine, all efforts should be made to protect the resource. The proposed civil penalty was: History $0.00 Seriousness $1000.00 Fault $500.00 Good Faith $0.00 Total $1500.00