ENFORCE35980

• Permit No: C1982055
• IBM Index Class Name: Enforcement
• Doc Date: 5/16/1995
• Doc Name: REFQUEST FOR INFORMAL REIVEW AND REVERSAL OF OSM WRITTEN DETERMINATION 10 DAY NOTICE X-95-020-179-00
• From: DMG
• To: OSM
• Violation No.: TD1995020179001TV2
• Media Type: D
• Archive: No

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DIVISION OF MINERALS AND GEOLOGY
Depanmenl of Natural Resources
1913 Sherman SI .Room 215
Denver, Colamdo 80203
Phone: [phone]
FAX: [phone]
May 16, 1995
Mr. Rick Siebel
Regional Director
Office of Surface Mining
Western Region Coordinating Center
1999 Broadway, Suite 3320
Denver, CO 80202-5733
Re: Request for Informal Review and Reversal of OSM Written Determination
Ten-Day Notice X-95-020-179-001 TV 2, Energy Fuels Mining Company
The Raton Creek Mine, CDMG Permit No. C-82-055
Deaz Mr. Siebel:
I~~~~
DEPARTMENT OF
NATURAL
RESOURCES
Roy Romer
Governor
lames 5 Lochhead
E~eculive Dveaor
Michael B. Long
Division Director
The Colorado Division of Minerals and Geology (the Division) received Ten-Day Notice (TDN)
X-95-020-179-001 TV 2 on April 17, 1995 (copy enclosed). This two-part TDN was issued by the
Albuquerque, New Mexico, field office (AFO) of the Office of Surface Mining on April 13, 1995.
This TDN did not result from a request for Federal inspection under 30 CFR 842.12.
The Division submitted responses to this TDN to the AFO on April 26, 1995 (copy enclosed). The
Division received a response from AFO dated May 5, 1995 on May 11, 1995 (copy enclosed). In its
response, the AFO found the Division's responses to both Part One and Part Two of the TDN
"arbitrary, capricious, an abuse of discretion, and therefore inappropriate."
The Division disagrees with this fmding. The Division hereby requests an informal review of this
written determination in accordance with 30 CFR 842.11(b)(1)(iii)(A). The Division requests the
written determination of the AFO be reversed for the reasons provided herein.
The Division understands that as it has responded to this TDN, and that as no cessation order pursuant
to 30 CFR 843.11 is required, no Federal inspection action will be taken or notice of violation issued
regarding this TDN until this informal review is completed. The Division understands this to be in
accordance with 30 CFR 842.11(b)(1)(iii)(B).
A. Background Summary
STATE OF COLORADO
The Raton Creek Mine is a small, pre-law, reclaimed, underground room-and-pillar operation
situated immediately south of the town of Trinidad, Colorado, in Las Animas County. The mine
is currently permitted by Energy Fuels Mining Company (EFMC), whose offices are located in