ENFORCE36407

• Permit No: C1984062
• IBM Index Class Name: Enforcement
• Doc Date: 3/3/1980
• To: ENERGY FUELS CORP
• Violation No.: CV0000000
• Media Type: D
• Archive: No

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energy fuels corporation ~
executive offices • suite 900 • three park cenirai • t5t5 ara pahoe • den ver, Colorado 80202 • [phone]
February 16, 1980
rf_.b 19 1980
Hamlet J. Barry III
Director, Mined Land Reclamation Division PAINL-D LA.PJD RECLAMATION
723 Centennial Colo. 9eot. o! R'~t~~ra! I?esocrces
1313 Sherman Street
Denver, Colorado 60203
Dear Mr. Barry:
Energy Fuels Corporation ("EFC") has requested a
conference regarding the penalties assessed for Notice of
Violation (NOV) No. 1 in order to bring to the attention of
the Mined Land Reclamation Division ("the Division") those
factors which, as perceived by the company, greatly mitigated
the nature of this violation.
EFC urges that the Division evaluate the activi-
ties referenced by the above-cited notice as the corporation
intended them; that is, as efforts to ba?ance conflicting
goals and requirements in a way that effected pragmatic and
consistent results. EFC has never acted with an intent to
disregard applicable statutory requirements.
In late September and early October of 1979, EFC
began deposition of spoil materials in an area proposed for
use as a haul road. The spoil materials had beE•.n excavated
from ongoing mining operations adjacent to the area of the
Proposed road and required temporary disposal in the imme-
diate area to allow for the continuation of mining. EFC in-
terpreted the terms of its existing permit No. 76-16 to allow
for temporary storage of these excavated spoils in any area
adjacent to its mining activities. The corporation made a
decision to deposit these materials in the course of the
proposed road for two major reascr~s. First, EFC having sub-
mitted its application to the Mined Land Reclamation Board
("the Board") for approval of the proposed haul road and
having received approval from the Board pending only the
resolution of questions regarding the sizing of certain cul-
verts, EFC concluded that temporary disposal elsewhere would
be environmentally and economically counterproductive. The
haul road construction would require most of these materials
as soon as it began and deposition at a different location
could disturb (and thereafter require reclamation of) an