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Mr. Michael October 29, Page 2 B. Long, Director 1997 2. Failure to complete Year 2 vegetation monitoring as required in the permit. The approved permit states: "Initial evaluation of the revegetation success will be conducted in the 2nd, 4th, and 7th year following germination. In the case of the Raton Creek Mine, the first required evaluation of vegetation success will be completed in 1998, as explained below. EFMC planted the permanent seed mixture on the entire reclaimed mine site just 2 years ago in November 1995. During 1996, following a relatively dry winter and spring, germination of the seeded species was very limited, at best. The lack of germination is documented in the DMG~s inspection reports, and was similarly observed by EFMC personnel during-routine site inspections. The emergence of the seeded species throughout the reclaimed site was evident in the spring of this year (1997). Typical of vegetation growth in a semi-arid area, the significant germination of the seeded species at Raton Creek occurred in the second year following planting. The sprouting of perennial grasses and cicer milkvetch is documented in the DMG inspection reports during the first and second quarters of 1997. Based on the vegetation conditions described above, EFMC planned to conduct the first vegetation monitoring in 1998, in accordance with the permit. EFMC believes that the Division has misinterpreted the permit requirement to mean that vegetation monitoring will be done in the 2nd year following seeding. Clearly, it would be premature to conduct vegetation monitoring during the first year of vegetation establishment at the Raton Creek Mine. Issuance of this violation on the basis of administrative circumstances for the report, and misinterpretation of permit vegetation monitoring requirements, is not warranted. The above information provides that EFMC was not negligent in complying with the permit. In conclusion, EFMC requests that Notice of Violation C- 97-018 be vacated. Sincerely, Energy Fuels fining Company Allen S. Weaver Mine Engineer cc: G. v. Patterson (EFMC) Kent A. Gorham (DMG)