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iiiiiiiiiiiiiiiiu <br />PHiLIPG DUFFORD <br />THOMABG BROWN <br />DAVID 'W FURGhBON <br />WILLI4M C ROBE <br />BEVERLY J QUAIL <br />RICHARD L FANYO <br />PHIL LIP D BARBER <br />GREGORYA RUEGSEGGER <br />RAN DA LLJ FEUERSTEiN <br />5 KIRK WGEBRETSEN <br />DOUGLAS P RUEGSEGGER <br />EDWARD D WHITE <br />PEGGYJ ANDERSON <br />DUFFORD &~ SROWN. P.C. <br />ATTpRNEYS AT LAW <br />SUITE 1700 <br />I~00 BROADWAY <br />DENVER COLORADO 80290-1701 <br />TELEPHOIJE '3031061-0013 <br />FACSIMILE 13031832-3804 <br />August 9, 1993 <br />HAND DELIVERED <br />Mr. Michael B ong, Director <br />Division o Ines and Geology <br />1313 Sh man Street, Room 215 <br />Denv>r; CO 80203 <br />RECEIVED <br />AUK 41993 <br />DiViciCn Ot r,~,11Cy.1, a ~a~r~JV <br />SCOTT J MIKULECKY <br />TERRY JO EPSTEIN <br />TH O'd AB - J HAZARD <br />RC MAN Cc PIBL <br />SPECULCOVVSEL <br />MORRI50 HECOx. JR <br />JAMEBE CARPENTER <br />CRAIG B SHAFFER <br />MARC A CHORN EY <br />DALE TOOLEY <br />11933-19851 <br />Re: Cessation Order No. C-93-088 issued to Energy Fuels <br />Mining Company on June 10, 1993: Permit No. C-82-055 <br />Dear Mike: <br />I have been retained to assist Energy Fuels Mining <br />Company ("EFMC") in connection with the referenced Cessation <br />Order and the proposed penalty of $22,200. The notice of the <br />proposed penalty was received on July 12, 1993, and a <br />conference is scheduled for August 10, 1993. <br />we believe that the Cessation Order was issued without <br />good cause shown and should be vacated. Also, the proposed <br />civil penalty is clearly excessive in relation to the <br />circumstances. I will explain the basis for these positions <br />for the Division's review prior to the conference. <br />The Cessation Order was issued for failure to abate NOV <br />No. C-93-050. That NOV was issued on April 12, 199: for <br />failure to post and maintain mine and permit identification <br />signs at the Santa Fe loadout areas, perimeter markers at the <br />loadout areas and the Raton Creek Mine, and a topsoil marker. <br />The abatement deadline was originally set at May 12, 1993. <br />There are two Santa Fe loadout areas which are located in <br />the Santa Fe railroad yards in Trinidad. Each can be entered <br />from either end through the railroad property from public <br />streets. During the period April 19 through 29, 1993, mine and <br />permit identification signs were installed at each of the four <br />entry points. The perimeters cited were marked with orange <br />roof bolts and a topsoil sign was installed. Allen Weaver, <br />EFMC's mine engineer, was informed that the abatement had been <br />completed and he notified the Division by facsimile on <br />April 30, 1993. <br />