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.h' ro r • III IIIIIIIIIIIII III ~! 999 STATE OF COLORADO OlVIS10N OF MINERALS AND GEOLOGY Depanmenl of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866.3567 FAx~. (1031 8 3 2-81 06 July 18, 1996 Roy Romer Governor 1200 17th Street Denver, CO 80202 Ms. Michelle R. Rebmann Environmental Coordinator Energy Fuels Nuclear, Inc. One Tabor Center, Suite 2500 RE: DMO DETERMINATION -West Sunday Mine -Permit No. M-81-021 And Sunday Mine -Permit No. M-77-285 Dear Ms. Rebmann: I~~ DEPARTMEIYI' OF NATURAL RESOURCES lames 5. Lachhead Executive Dirttbr Michael B. Long Division Director The Division completed its review of your August 1995 submittal for an exemption from DMO determination. It is the Division's decision that the operator did not satisfactorily demonstrate that the operation is not a Designated Mining Operation. Specifically, the operator did not demonstrate that toxic-forming materials will not be exposed or disturbed in quantities sufficient 1'o adversely affect human health, property or the environment. Pursuant to Rule 7.2.4(1)(a) "If the operator/applicant does not satisfactorily demonstrate to the Office that the operation is not a Designated Mining Operation, the Office shall rr~ake a final determination that the operation is a Designated Mining Operation". In order to demonstrate that toxic-forming materials are or are not exposed or disturbed in quantities sufficient to adversely affect human health, property or the environment, [he operator will be required to collect samples from the waste dumps for chemical analyses. The maG:rial should be analyzed, primarily, for uranium and vanadium. Since the biggest problem with waste rock is the potential long-term exposure to ionizing radiation from Radium-226, collection of the samples can be determined by radio-metric surveys. Only those samples that exhibit high radioactive constituents (high scintillometer readings) need to be collected and analyzed. The operator will be required to collect an adequate amount of samples from the Sunday and West Sunday waste dumps by August 31, 1496. The results of the analyses must be submitted to the Division by September 30, 1996.