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Rules referenced within this document are contained within the Regulations. Detailed <br />information about the mining and reclamation operations can be found in the permit <br />application (#C-82-055) on file at the Division offices, located at 1313 Sherman Street, <br />Room 215, in Denver, Colorado. The rationale for this approval is as outlined below. <br />II. PROCEDURES AND SUMMARY OF THE REVIEW PROCESS <br />Energy Fuels Mining Company applied for a partial Phase I and a full Phase II and <br />Phase I I I bond release under the Colorado Surface Coal Mining and Reclamation Act <br />following reclamation of the Raton Creek Mines. The application was received by the <br />Division on August 8, 2005. The application was deemed complete on August 31, <br />2005, after the Division received proof of publication of the applicant's public notice <br />and proof of notification to landowners and government agencies. Energy Fuels <br />Mining Company published notice of the bond release application in The Chronicle - <br />News once weekly for four consecutive weeks, beginning July 27, 2005. Energy <br />Fuels Mining Company also sent certified letters to eight private land owners within <br />and adjacent to the mine permit area, and four government agencies, including the <br />City of Trinidad, Las Animas County Planning Department, Las Animas County <br />Commissioners, and the Purgatoire River Water Conservancy District, of the <br />application for bond release, as required by Rule 3.03.2(1). <br />Written comments were received by the Division, on September 12, 2005, from the <br />Albert luppa family, owners of the surface and minerals within the majority of the <br />permit area. The luppa family will take full control of the reclaimed lands and the <br />remaining permanent structures upon final approval of the bond release. Concerns <br />identified in the letter were mainly surface drainage issues associated with the <br />approved permanent diversion, the 100-year diversion ditch, and the approved <br />permanent sediment pond. The luppa's did not request an informal conference. The <br />Division scheduled and conducted a bond release inspection on September 21, 2005. <br />Invitation to the inspection was sent to Albert and Marilyn luppa, James luppa, and <br />EFMC. Observations as a result of the inspection are documented in an inspection <br />report dated September 21, 2005. Written response to the luppa's concerns was <br />provided in a letter from the DMG to James luppa on September 29, 2005 and a <br />summary of the resolution to those concerns is included in this document under the <br />heading Observations and Findings. <br />III. BACKGROUND AND HISTORY OF THE RATON CREEK MINE <br />The mine site is located three miles south of Trinidad, Colorado in an area <br />characterized by dissected plateaus. Elevation at the mine site ranges from <br />6400 feet to 6700 feet. Land use in the area is classified as highland agriculture <br />by local planning and land use officials. This use basically comprises <br />mountainous grazing and watershed protection. In the immediate area of the <br />site, mining has been a previous land use. Evidence of these past mining <br />activities can be found in most of the small canyons in the area. <br />2 <br />