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C~ <br />Proposed Decision <br />• <br />The Colorado Division of Minerals and Geology proposes to approve with <br />ctiniil~.tinnc an apnlir,ation for renewal of a valid, existing permit to conduct <br />reclamation operations. <br />The application was submitted by Energy Fuels Mining Company for the Raton <br />Creek Mine. This decision is based on a finding that the operations will <br />comply with all requirements of the Colorado State Program as found in the <br />Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and <br />the Regulations promulgated pursuant to the Act. If no request for a formal <br />hearing is made within thirty (30) days of the first publication of the <br />issuance of this proposed decision, then this decision becomes final. Upon <br />submittal of acceptable surety by the applicant, the permit will be issued. <br />The permit application, all supporting documentation and any stipulations or <br />conditions will become a binding part of the permit. <br />Summary of Stipulations <br />There were no unresolved stipulations for the Animas/Helen Mines going into <br />this permit renewal process. This permit renewal contains seven new stipulations: <br />Stipulation No. 6 <br />WITHIN 60 DAYS OF PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL PROVIDE TO THE <br />DIVISION AN ADDITIONAL BOND AMOUNT OF 522,366.00, INCREASING THE BOND HELD BY <br />THE DIVISION FROM 5189,965.00 TO 5212,331.00. THIS BOND INCREASE ORIGINATED <br />FROM 7HE 1490 MIDTERM REVIEW. <br />Stipulation No. 7 <br />WITHIN 30 DAYS OF PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL SUBMIT TO THE <br />DIVISION WRITTEN WAIVERS FROM ANY PERSONS OCCUPYING DWELLINGS WITHIN 300 FEET <br />OF THE PERMIT AREA, AS PER RULE 2.07.6(2)(d)(v). <br />Stipulation No. 8 <br />WITHIN 30 DAYS OF PERMIT REVISION APPROVAL, THE PERMITTEE WILL SUBMIT TO THE <br />DIVISION WRITTEN DOCUMENTATION VERIFYING THAT THE TWO WATER WELLS ACROSS <br />INTERSTATE 25 FROM THE MINE ENTRANCE, REFERENCED ON PAGE 547 OF THE PERMIT <br />APPLICATION, ARE CURRENTLY OWNED BY SUNDANCE COAL COMPANY. <br />Stipulation No. 9 <br />WITHIN 90 DAYS OF PERMIT RENEWAL APPROVAL, THE PERMITTEE WILL SUBMIT TO THE <br />DIVISION AN EVALUATION BASED ON EXISTING AVAILABLE INFORMATION OF THE <br />POTENTIAL FOR DISCHARGE FROM THE HELEN AND ANIMAS PORTALS FOLLOWING <br />RECLAMATION. IF THIS EVALUATION CONCLUDES THAT A REASONABLE POTENTIAL FOR <br />DISCHARGE EXISTS, THE PERMITTEE WILL, WITHIN 60 DAYS OF COMPLETION OF <br />EVALUATION, PROVIDE AND COMMIT TO A MONITORING PLAN AND REMEDIATION PLANS TO <br />PREVENT OR CONTROL DISCHARGE IF SUCH NEED IS INDICATED BY MONITORING RESULTS. <br />ADDITIONALLY, IF ONGOING DISCHARGE IS PROPOSED, THE PERMITTEE WILL OBTAIN <br />EITHER APPROVAL OR WAIVER FROM THE COLORADO DEPARTMENT OF HEALTH REGARDING THE <br />NPDES/CPDS PERMIT IF THE SEDIMENTATION POND IS REMOVED AFTER PHASE TWO BOND <br />RELEASE. <br />-2- <br />